No board, agency, officer or employee of the
Town shall issue, grant or approve any permit, license, certificate
or other authorization, including permits by the Town Board and special
permits and adjustments by the Board of Appeals, for any construction,
reconstruction, alteration, enlargement or moving of any building
or for any use of land or building that would not be in full compliance
with the provisions of this chapter. Any such permit, license, certificate
or other authorization issued, granted or approved in violation of
the provisions of this chapter shall be null and void and of no effect
without the necessity of any proceedings or revocation or nullification
thereof, and any work undertaken or use established pursuant to any
permit, license or certificate or authorization shall be unlawful,
and no action shall be taken by any board, agency, officer or employee
of the Town purporting to validate any such violation.
This chapter shall be enforced by the Zoning
Inspector in accordance with the provisions of this chapter.
A.
The Zoning Inspector shall keep a permanent record,
including all pertinent maps and plans, of all applications for zoning
permits and certificates of compliance.
B.
The Zoning Inspector shall also keep a permanent record
of all violations of this chapter, whether reported by private citizens
or by any board, agency, officer or employee of the Town, and such
record shall show the disposition of all such violations.
C.
The Zoning Inspector shall make a report to the Town
Board, in writing, at least once every three months, reporting the
number and type of zoning permits and certificates of compliance issued
and listing all reported or continuing violations of this chapter
and the disposition of or pending action on such violations.
A.
No building or structure shall be erected, enlarged,
structurally altered, demolished, moved or removed, wholly or partly,
and no excavation for any building, structure or use shall be made,
until a permit therefor has been issued by the Zoning Inspector. Except
upon a written authorization of the Board of Appeals, no such zoning
permit or certificate of compliance shall be issued for any building
where such construction, addition, alteration, moving or use thereof
would be in violation of any of the provisions of this chapter.
B.
A zoning permit shall be voided if construction is
not started within a period of one year or completed within a period
of two years of the date of said permit. In the event a site plan
approval authorizes a phased development, such approval shall be for
a duration established by the Planning Board in its site plan approval,
which shall be for no more than 10 years.
[Amended 9-13-2011]
C.
There shall be submitted with all applications for
zoning permits three copies of a layout or plot plan drawn to scale,
showing the actual shape and dimensions of the lot to be built upon,
the existing contours at two-foot intervals, the proposed contours
after excavation if such excavation is to exceed 5,000 cubic feet
or is to be made within 10 feet of a property line, the exact size
and location on the lot of the building and accessory buildings existing,
the front, side and rear yard setbacks and the lines within which
the building or structure is to be erected or altered, the proposed
elevation of the base, garage or cellar floor, whichever is lowest,
the elevation of the proposed grade at the corners of the building
or structure, the elevation of the center line of the pavement in
the street, the existing and intended use of such building or part
of the building, the number of families or housekeeping units that
a building is designed to accommodate and such other information with
regard to the lot and neighboring lots as may be necessary to determine
and provide for the enforcement of this chapter. One copy of such
plan shall be returned to the owner when such plans shall have been
approved by the Zoning Inspector. All dimensions shown on this plan
relating to the location and size of the lot to be built upon shall
be based on an actual survey, and the lot shall be staked out on the
ground before construction is started. The Zoning Inspector, upon
request and after inspection of the property, may waive the requirement
relative to contours.
D.
No framing or construction above the foundation wall
shall be commenced until two copies of an as-built survey of the foundation
walls, prepared by an engineer or surveyor, is submitted to the Zoning
Inspector.
E.
The applicant shall keep blueprints of the building
or structure being constructed on the premises at all times for field
inspection.
F.
No footings shall be poured until 48 hours after notice
to the Building Department so that a footing inspection may be made.
G.
No sheetrock or plaster shall be installed until 48
hours after notice to the Building Department, so that a framing inspection
may be made.
H.
No foundation walls shall be backfilled until an inspection
of the walls and the waterproofing thereof has been made.
I.
Where access to a Town highway is to be made, a permit
must be obtained from the Superintendent of Highways. Application
must be made sufficiently in advance to permit an inspection of the
proposed access. Each application shall be accompanied by a sketch
showing the proposed connection and the details of the proposed construction
thereof and showing all grades and objects which might interfere with
a sight line from said access.
A.
It shall be unlawful for an owner to use or permit
the use of any building or premises or part thereof hereafter created,
erected, changed, converted or enlarged, wholly or partly, in its
use or structure, until a certificate of compliance shall have been
issued by the Zoning Inspector. Such certificate shall state that
such building or premises or part thereof, and the proposed use thereof,
are in complete conformity with the provisions of this chapter. It
shall be the duty of the Zoning Inspector to issue a certificate of
compliance, provided that he is satisfied that the building and the
proposed use of the building or premises conform to all the requirements
herein set forth. A certificate of compliance shall be applied for
coincidentally with an application for a zoning permit.
B.
The Town Board may direct the Zoning Inspector to
withhold the issuance of a certificate of compliance for a building
with frontage along a new subdivision street for which a performance
bond has been posted but which has not yet been improved to an extent
necessary to permit the safe passage of fire trucks and other public
safety vehicles.
C.
Under such rules and regulations as may be established
by the Town Board, a temporary certificate of compliance for part
of a building may be issued for a period not to exceed three months.
D.
No nonconforming use shall be renewed, changed or extended without a certificate of compliance having first been issued by the Zoning Inspector therefor, and then only in conformance with the provisions of Article V.
E.
A certificate of compliance shall be deemed to authorize
and is required for both initial and continued occupancy and use of
the building or land to which it applies and shall continue in effect
as long as such building and the use thereof or of such land is in
full conformity with the provisions of this chapter and any requirements
made pursuant thereto. On the serving of notice of any violation of
any of the said provisions or requirements in respect to any building
or the use thereof or of land, the certificate of compliance for such
use shall thereupon become null and void, and a new certificate of
compliance shall be required for any further use of such building
or land.
F.
The Building Inspector shall maintain a record of
all certificates, and copies shall be furnished upon request to any
person having a proprietary or tenancy interest in the building affected.
Upon written request from the owner, the Zoning Inspector shall issue
a certificate of compliance for any building or premises existing
at the time of the enactment of this chapter, certifying, after inspection,
that the extent and kind of use and disposition conforms to the provisions
of this chapter.
G.
No zoning permit shall be issued until there has been
received from the County Department of Health a written statement
to the effect that the proposed water supply, sewerage and drainage
of the property are properly designed for the proposed occupancy.
H.
No certificate of compliance, whether permanent or
temporary, shall be issued until there has been received from the
County Department of Health a final written approval of the water
supply, sewerage and drainage as installed and certificate of completion.
All permits for buildings or structures issued prior to the effective date of this chapter or prior to the effective date of an amendment thereto shall be null and void unless substantial work has been done toward the completion of said building or structure, as set forth in § 218-84. If construction is not completed within one year of the effective date, or if building operations are discontinued for a period of six months or more, any other construction shall be in conformity with the provisions of this chapter.
[Amended 4-28-1987[1]]
A.
A violation of this chapter is hereby declared to
be an offense, punishable by a fine not exceeding $350 or imprisonment
for a period not to exceed six months, or both, for conviction of
a first offense; for conviction of a second offense, both of which
were committed within a period of five years, punishable by a fine
not less than $350 nor more than $700 or imprisonment for a period
not to exceed six months, or both; and, upon conviction for a third
or subsequent offense, all of which were committed within a period
of five years, punishable by a fine not less than $700 nor more than
$1,000 or imprisonment for a period not to exceed six months, or both.
However, for the purpose of conferring jurisdiction upon courts and
judicial officers generally, violations of this chapter shall be deemed
misdemeanors, and, for such purpose only, all provisions of law relating
to misdemeanors shall apply to such violations. Each week's continued
violation shall constitute a separate additional violation.
B.
In case any building or structure is erected, constructed,
reconstructed, altered, converted or maintained or any building, structure
or land is used or any land is divided into lots, blocks or sites
in violation of this chapter, the proper local authorities of the
Town, in addition to other remedies, may institute any appropriate
action or proceedings to prevent such unlawful erection, construction,
reconstruction, alteration, conversion, maintenance, use or division
of land, to restrain, correct or abate such violation, to prevent
the occupancy of said building. structure or land or to prevent any
illegal act, conduct, business or use in or about such premises; and,
upon the failure or refusal of the proper local officer, board or
body of the Town to institute any such appropriate action or proceeding
for a period of 10 days after written request by a resident taxpayer
of the Town so to proceed, any three taxpayers of the Town residing
in the district wherein such violation exists who are jointly or severally
aggrieved by such violation may institute such appropriate action
or proceeding in like manner as such local officer, board or body
of the Town is authorized to do.
A.
Organization.
(1)
A Board of Appeals, as heretofore created by the Zoning
Ordinance of 1928, is hereby maintained.
(2)
Said Board shall have the power to adopt, from time
to time, such rules and procedure, not inconsistent with law, as it
may determine to be necessary to carry out the provisions of these
regulations and to exercise the authority vested in it by statute.
B.
Powers and duties. The Board of Appeals shall have
all the powers and duties prescribed by law and by this chapter, which
powers and duties are summarized and more particularly specified as
follows, provided that none of the following provisions shall be deemed
to limit any of the power of the Board of Appeals that is conferred
by general law:
(1)
Interpretation. On appeal from an order, requirement, decision or determination made by an administrative official or on request from any official or agency of the Town, the Board of Appeals shall decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary line if uncertainty remains after reference to the rules specified in Article I.
(2)
Adjustments. Where the strict application of any of
the requirements of this chapter in the case of an exceptionally irregular,
narrow, shallow or steep lot or other exceptional physical conditions
would result in practical difficulty or unnecessary hardship that
would deprive the owner of the reasonable use of the land or the building
involved, but in no other case, the Board of Appeals shall have the
power, upon appeal, to vary or adjust the strict application of the
regulations or provisions of this chapter. No adjustment in the strict
application of any provisions of this chapter shall be granted by
the Board of Appeals unless it finds that:
(a)
There are special circumstances or conditions,
fully described in the findings of the Board of Appeals, applying
to the building or land for which the adjustment is sought, which
circumstances or conditions are peculiar to such land or buildings
and do not apply generally to land or buildings in the district and
have not resulted from any act of the applicant or other person subsequent
to the date of adoption of the regulation or regulations appealed
from, whether in violation of the provisions herein or not.
(b)
For reasons fully set forth in the findings
of the Board, the aforesaid circumstances or conditions are such that
the particular application of the conditions of this chapter would
deprive the applicant of the reasonable use of such land or building,
and the granting of the adjustment is necessary for the reasonable
use of the land or building, and the adjustment is granted by the
Board is the minimum adjustment that will accomplish this purpose.
(c)
The granting of the adjustment will be in harmony
with the general purposes and intent of this chapter and will not
be injurious to the neighborhood or otherwise detrimental to the public
welfare.
(3)
Permits for permitted special uses. In accordance with Article III, the Board of Appeals may authorize the issuance of permits for special uses in districts in which such uses are permitted.
(4)
Conditions and safeguards. In all cases where the
Board of Appeals authorizes the issuance of a zoning permit or compliance
permit under any of the above powers, it shall be the duty of said
Board to attach such conditions and safeguards as may be required
to protect the public health, safety, morals and general welfare and
to ensure continual compliance to these regulations.
C.
Appeals, how taken.
(1)
All appeals and applications to the Board of Appeals
shall be taken in the manner described by law and within such time
as shall be prescribed by the Board of Appeals by general rule. All
such appeals and applications shall be in writing, on forms prescribed
by the Board, and each appeal or application shall fully set forth
the circumstances of the case. Every appeal or application shall refer
to the specific provision of the ordinance involved and shall exactly
set forth, as the case may be, the interpretation that is claimed,
the details of the adjustment that is applied for and the grounds
for which it is claimed that the same should be granted or the use
for which a special permit is sought. Every decision of the Board
of Appeals shall be recorded in accordance with standard forms adopted
by the Board and shall fully set forth the circumstances of the case
and the findings on which the decision was based.
(2)
All applicants, at least 10 days prior to attending
a meeting of the Zoning Board of Appeals, shall send a written notice
by certified mail, return receipt requested, to all contiguous landowners
and landowners on the opposite side of the highway or right-of-way
on which the applicant's property has frontage. The landowners on
the opposite side shall be determined by extending straight lines
perpendicular to the highway or right-of-way on which the property
abuts from the end points of that frontage where the property line
recedes from the highway or right-of-way. Frontage on more than one
highway or right-of-way requires that all opposite owners be given
notice, including the property owner diagonally opposite a corner
parcel. Property owners entitled to notice shall be those listed as
owners on the records in the Mount Pleasant Tax Assessor's office
as of the date of mailing. The written notice shall contain information
equal to the notice published in the newspaper, and proof of mailing
receipts must be furnished prior to the public hearing.
[Added 2-13-1973]
(3)
Notice as required in Subsection C(2) above shall be given of any amendment made or sought by the applicant.
[Added 2-13-1973]
(4)
If mail receipts are delayed, the Board may retain
the application on a finding of substantial compliance by the applicant's
affidavit and/or may make further proof of service of notice a condition
precedent to any decision; or, if the public hearing shows sufficient
public response, the Board may waive further proof.
[Added 2-13-1973]
[Amended 1-6-1981; 3-26-1985; 9-10-1986; 9-24-1991; 10-22-1996]
Upon the filing of an application for a building
or use permit hereunder, the following fees shall be payable:
A.
Where the total value of the work is $2,500 or less:
$50.
[Amended 11-11-2003; 12-13-2016 by L.L. No. 12-2016]
B.
Where the total value of the work is $2,500 or more:
$75.
[Amended 11-11-2003; 12-13-2016 by L.L. No. 12-2016]
C.
Where an application is made for a permitted special
use hereunder, an additional fee of $180 shall be payable upon the
filing of the application.
[Amended 11-11-2003]
D.
Where the application is made for a certificate of
occupancy, whether temporary or permanent, an application fee of $6
shall accompany such application.
[Amended 11-11-2003]
E.
Where an application for one or more variances is
made a fee of $100 shall be payable upon application. Where the application
is for a variance for an existing structure, an inspection and review
fee of $350 shall be payable upon application.
[Amended 11-11-2003]
F.
There shall be a fee of $1,000 for processing and
review of each special permit application in the PRD-T-6 Zoning District
for each approved dwelling unit. Said fee shall be in addition to
the applicable site plan review application fees.
G.
Professional consultant review.
[Added 9-24-1991]
(1)
General. The Town Board, the Planning Board and the
Zoning Board of Appeals, in the review of any application which may
come before said board, including but not limited to subdivision,
site plan, special permit, variance, zoning amendment, satellite antenna
permit, wetlands permit, and environmental quality review pursuant
to New York State Environmental Quality Review Laws and similar or
related county, state and federal laws and procedures, may refer such
application presented to it to such planner, engineer, environmental
expert or other professional as such board shall deem reasonably necessary
to enable it to review such application as required by law. Fees charged
by such professionals shall be in accord with fees usually charged
for such services in the metropolitan New York region and pursuant
to a contractual agreement between the Town and such professional
or other budgetary arrangement established by the Town. All such charges
shall be paid by the Town upon submission of an invoice by the professional
and upon approval by the Town Board. The applicant shall reimburse
the Town for the cost of such professional review services, other
than legal services, in accordance with the procedures described below
and subject to the maximum amounts set forth in Subsection F(3). The
payment of such fees shall be a condition of any approval and shall
be required in addition to any and all other fees required in connection
with the review of the application as set forth in this fee schedule,
any chapter of the Code of the Town of Mount Pleasant or any other
Town law, ordinance or regulation.
(2)
Escrow accounts. Prior to the commencement of professional
review of any application described in Subsection F(1) hereof, an
escrow account shall be established by the applicant from which withdrawals
shall be made to reimburse the Town for the cost of professional review
services. At the time of submission of any application, the applicant
shall submit to the clerk of the board having jurisdiction over such
application a check payable to the "Town of Mount Pleasant" in the
amount set forth in Subsection F(3) of this fee schedule for deposit
into such escrow account. No application shall be considered complete
for review purposes until said escrow account is funded in accordance
with the Schedule of Escrow Account Deposits or as otherwise deemed
appropriate by the reviewing board. The applicant shall be provided
with copies of any invoices submitted for such professional review
services as they are submitted to the Town. When the balance in such
escrow account is reduced to 1/3 of its initial amount, the applicant
shall deposit additional funds into such account to bring its balance
up to the amount of the initial deposit. If such account is not replenished
within 30 days after the applicant is notified, in writing, of the
requirement for such additional deposit, the reviewing board may suspend
its review of the application. A building permit or certificate of
occupancy or use shall not be issued unless all professional review
fees charged in connection with the applicant's project have been
reimbursed to the Town. After all pertinent charges have been paid,
the Town shall refund to the applicant any refunds remaining on deposit.
(3)
Schedule of Escrow Account Deposits Required for Professional
Consultant Review. The Schedule of Escrow Account Deposits Required
for Professional Consultant Review is on file in the office of the
Town Clerk where it is available for public inspection.
A.
Amendment procedure.
(1)
The Town Board may, from time to time, on its own
motion, on petition or on recommendation of the Planning Board, amend,
supplement or repeal the regulations and provisions of this chapter,
after public notice and hearing in the manner provided by Town Law.
(2)
Every such proposed amendment or change, whether initiated by the Town Board or by petition, may be referred to the Planning Board for report thereon before the public hearing provided for in Subsection A(1) above. In recommending the adoption of any such proposed amendment, the Planning Board shall state its reasons for such recommendation, describing any condition that it believes makes the amendment advisable and specifically setting forth the manner in which, in its opinion, the amendment would be in harmony with the comprehensive plan of land use for the Town and would be in furtherance of the purposes set forth in Article I of this chapter. In recommending the rejection or revision of any proposed amendment, the Planning Board shall similarly state its reasons. Failure of the Planning Board to make a report on any proposed amendment within 45 days of the date of referral shall be deemed to be approval thereof, unless such proceedings have theretofore been terminated.
B.
Suspension of zoning permits. Whenever the Town Board
by resolution authorizes a public hearing on a proposed amendment
to this chapter, and for a period of 60 days following the date of
such resolution, no building shall be erected, enlarged or altered,
and no permit shall be issued for the construction, enlargement or
alteration of any building or for the occupancy of any land or building,
in any manner that would be contrary to the chapter as it would be
changed by the proposed amendment.
C.
Posting of signs announcing proposed amendments.
(1)
In any case where an amendment to the Zoning Map is
proposed, signs, on forms provided by the Town Clerk, announcing the
nature of the proposed change and the date and location of the public
hearing on the amendment, shall be posted on the property affected
if ordered by the Town Board.
(2)
Such signs, if ordered by the Town Board, shall be
posted at intervals of not more than 200 feet along the frontage of
the property proposed to be changed, for a period of at least one
week prior to the public hearing. A minimum of two signs shall be
posted.
(3)
In the case of amendments proposed by petition, the
petitioner, if ordered by the Town Board, shall post the signs and
shall submit an affidavit at the time of public hearing that such
signs have been posted.
