The Code Enforcement Officer shall have the
power and duty to administer and enforce the provisions of this chapter.
The Code Enforcement Officer shall be appointed and may be removed
at the pleasure of the Town Board. An appeal from an action, omission,
decision or rule by him regarding a requirement of this chapter may
be made only to the Zoning Board of Appeals within 60 days of such
decision or action.
The original or a certified copy of all decisions,
approvals, rulings and findings of any Board under this chapter, and
of all permits and certificates issued under this chapter, shall be
promptly furnished by the Code Enforcement Officer to the Town Clerk
and retained as a permanent Town public record. Tape recordings of
any Board proceedings shall be kept by the Town Clerk for a period
of not less than three years from the date of such meeting.
An action, decision or ruling of the Planning
Board or Zoning Board of Appeals pursuant to this chapter may be reviewed
at the instance of any aggrieved person in accordance with Article
78 of the Civil Practice Law and Rules, but application for such review
must be made not later than 30 days from the effective date of the
decision or ruling or the date when the action or omission occurred,
whichever comes later.
Unless otherwise stated, all petitions, applications
and appeals provided for in this chapter shall be made on forms prescribed
by the Planning Board or Zoning Board of Appeals. Completed forms
shall be accompanied by whatever further information, plans or specifications
may be required by such forms.
A.
Fees provided for by this chapter shall be paid upon
the submission of petitions, applications and appeals, in such amount
or amounts as shall be established by the Town Board from time to
time. Said fees will be posted in the Building Department on the Official
Schedule of Fees for the Town of Stillwater. The following actions
will require fees, and this list is not necessarily all-inclusive:
[Amended 5-17-2018 by L.L. No. 4-2018]
Each notice of public hearing upon an application for site plan,
subdivision or special use permit review or for PDD districting or
amendment or request for rezoning or for the review of a variance
application, or upon an appeal to the Zoning Board of Appeals from
an action of the Code Enforcement Officer, shall be published once
in the official newspaper of the Town at least 10 days prior to the
date of the hearing. In addition, at least 10 days prior to the date
of the hearing, notices shall be mailed or hand delivered, at the
discretion of the Building, Planning and Development Department, to
all owners of property within 500 feet of the exterior boundary of
the property for which the application is made, as may be determined
by the latest assessment records of the Town.
A.
Permit required. No building, structure or sign shall
be erected, added to or structurally altered until a permit therefor
has been issued by the Code Enforcement Officer. No new use of a building
or structure shall be undertaken, nor shall the use of a building
or structure be changed, until a permit therefor has been issued by
the Code Enforcement Officer.
B.
Submittal requirements. Separate applications for
zoning permits shall not be necessary if a building permit is applied
for. The Code Enforcement Officer shall review the Building Department
applications for purposes of Zoning Law compliance and shall issue
permits by indicating review and compliance or noncompliance with
the Zoning Law thereon. In the event that a building permit is not
needed, the forms for use of the Code Enforcement Officer shall be
approved by Town Board resolution.
A.
Criteria for issuance of zoning permit. The Code Enforcement
Officer shall issue a zoning permit only if he determines the following:
(1)
The new land use or development complies with
any applicable sanitary codes.
(2)
The new land use or development meets the area, setback from property lines, bulk and height controls and the special shoreline restrictions of this chapter, unless an area variance has been granted pursuant to Article XV hereof.
(3)
The new land use or development has received
site plan or special use permit approval, if applicable; and, if such
approval is subject to conditions to be met prior to the granting
of a permit, that all such conditions have been met.
B.
Expiration of zoning permits. If a project for which
a permit has been issued is not under construction within 270 days
after the issuance of such permit, said permit shall expire, and the
project may not thereafter be undertaken or continued unless said
permit has been renewed for 180 days (allowed once) or unless a new
permit has been applied for and issued in the same manner and subject
to all provisions governing the initial application for the issuance
of a permit.
C.
Change in use. When a structure, building or parcel changes in use, the owner shall be responsible for applying for a new zoning permit. The Code Enforcement Officer shall review any change in use to ensure that the requirements of this chapter are met. See Article IX for provisions affecting the parking requirements for changes in use.
The filing of an application for a variance under Article XV hereof and an application for site plan or special use permit approval under Articles VI and VII hereof or an application for a building permit under Article XVII hereof by a person shall be deemed a granting of approval by such person to the Planning Board, the Zoning Board of Appeals and the Code Enforcement Officer, and to such persons as they may designate, to conduct such examinations, tests and other inspections of the sites which are the subjects of such applications as the body or officer having jurisdiction deems necessary and appropriate for the purposes of this chapter.
