A.
Before any person, persons or corporations shall erect, construct,
alter or commence to erect, construct or alter any building or structure
within the Town of Elma, the person, persons or corporations intending
or desiring to erect, construct or alter shall first apply for and
obtain from the Building Inspector a permit and shall pay for said
permit, as prescribed in the Building Code,[1] except as set forth under § 144-65 covering customary agricultural purposes. All applications for building permits shall be in writing and shall contain the following information duly sworn to by the owner of record of the real estate or his agent for which such permit is sought, on forms furnished by the Town, as provided under the Building Code of the Town of Elma, as amended from time to time and shall state:
(1)
The nature of the permit sought and definite purposes with the
nature of the building or proposed building.
(2)
The size and location of the property and building.
(3)
A description of deed restrictions, if any.
(4)
An agreement to comply with the terms of the permit, the laws
of the State of New York, the Town ordinances, the rules and regulations
of the County and Town Health Department and all rules and regulations
of the various departments of the Town and State of New York, to preserve
the established building line, to give full information to the Building
Inspector and not to use or permit to be used the structure or structures
covered by the permit until sanitary facilities are completely furnished.
B.
Before a building permit is issued, driveway culvert shall be installed,
the building staked out and a copy of a certified survey submitted
with the application for a building permit.
All building permits issued for any construction upon which
work shall not have been substantially completed will automatically
expire and become void after one year from the date of issue.
Where permits are issued and a building constructed, a certificate
of occupancy will be issued without charge by the Zoning Enforcement
Officer, provided that the use of the building so constructed agrees
with the permit, and further provided that all requirements of the
Erie County Health Department have been complied with. A certificate
of occupancy must be withheld if sanitation requirements are not met
in accordance with the purposes and intent of such requirements. A
certificate of occupancy is required before a new building may be
occupied and for continued occupancy of a remodeled building.
Where a permit is acquired for the erection of a building for
one purpose and it is to be used for a different purpose after it
is constructed, approval must be obtained from the Town Board which
will direct the Zoning Enforcement Officer as to issuance or rejection
of the certificate of occupancy.
No building permit shall be issued on any lot that does not
have the required frontage on a road accepted by the Town and included
on the Official Zoning Map, except as provided in § 280-a
of the Town Law.
A lot which complies in dimension with the provisions of the
zone shall be deemed to comply with any later re-upgrading in zoning.
Any lot approved by the Town Board and Planning Board on a subdivision
map shall be deemed to comply with lot dimension requirements.
No building permit may be issued that will allow more than four
residences, including prezoning residences, on lots divided from one
plot until and after subdivision plans are approved by the Planning
Board and the Town Board. See Town of Elma Subdivision Regulations.[1]
Any and all corner lots must be not less than 120 feet in width
by the depth required for the area classification. Side setback or
corner lots may be approved by the Zoning Enforcement Officer at not
less than 50 feet from the side road line.
No building permit shall be issued for an accessory structure
until the main or principal structure or building is 50% completed.
[Added 10-1-2008 by L.L.
No. 5-2008]
A.
General provisions.
(1)
A use listed as requiring a special use permit shall not be
presumed to be an allowable use. It shall be the responsibility of
the petitioner for a special use permit to prove to the satisfaction
of the Town that the items listed in this section and under the section
of that particular special use are met. These uses are hereby declared
to possess characteristics of such unique and special forms that each
specific use shall be considered on an individual case.
(2)
No special permit shall be authorized by the Town unless, in
addition to other requirements specified in this chapter, it finds
that such special permit:
(a)
Will be in harmony with the general purposes and intent of this
chapter.
(b)
Will not create a hazard to health, safety, or the general welfare.
(c)
Will not alter the essential character of the neighborhood nor
be detrimental to the residents thereof.
(d)
Will not otherwise be detrimental to the public convenience
and welfare.
(3)
In authorizing any special permit, the Town Board may prescribe
appropriate conditions to minimize adverse effects on the character
of the surrounding area and to safeguard the public health, safety,
or general welfare.
B.
Application procedure.
(1)
Applications for special use permits shall be acted on by the
Town Board after a public hearing.
(2)
A plan or the proposed development of a site for a permitted
special use shall be submitted with an application for a special use
permit, and such plan shall show the location of all buildings, parking
areas, traffic access and circulation drives, open spaces, landscaping,
and other pertinent information that may be necessary to determine
if the proposed special use meets the requirements of this chapter.
(3)
If a special use permit is granted, the applicant will then
proceed with site plan approvals and with any other required approvals
or permits.
C.
Penalties for offenses.
(1)
In the event of any violation of a special use permit, the Town
may seek enforcement under any available authority, including but
not limited to Town Law § 268.
(2)
Any use receiving a special use permit that subsequently does
not meet the requirements and/or conditions of that permit or this
chapter shall be subject to fines under the Town Law and shall have
its permit revoked, and the use shall be terminated within 90 days
of notification by the Town.
D.
Expiration. A special use permit shall be deemed to authorize only
one particular use and shall expire if the special use shall cease
for a period of more than one year.
