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Town of Collins, NY
Erie County
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This chapter shall be enforced by the Code Enforcement Officer. No building permit shall be issued by him or her except where all the provisions of this chapter have been complied with.
A. 
Required. No building or structure shall be erected, added to, or structurally altered until a building permit therefor has been issued by the Code Enforcement Officer. Except upon a written order of the Zoning Board of Appeals, no such building permit shall be issued for any building where said construction, addition, or alteration or use thereof would be in violation of any of the provisions of this chapter.
B. 
Application. All applications for building permits shall be secured from the Code Enforcement Officer prior to construction, erection, or alteration of any building or part of a building; and prior to the construction or erection of any stationary sign or billboard. All applications for building permits shall be made in accordance with Chapter 144, Uniform Construction Codes, § 144-4, of the Code of the Town of Collins.
C. 
Farm structures excepted. The provisions of the foregoing Subsection B shall not apply to any farm building as defined in § 305-3 of this chapter.
No building hereafter constructed, erected or altered shall be occupied or used in whole or in part for any use whatsoever, and no change of use of any building or part thereof, or of any land shall hereinafter be made, until a Certificate of Occupancy has been issued by the Code Enforcement Officer in accordance with Chapter 144, Uniform Construction Codes, § 144-7, of the Code of the Town of Collins.
A. 
Zoning Board of Appeals created. A Zoning Board of Appeals is hereby created which shall consist of five members appointed by the Town Board. The Town Board shall designate the Chairman, and the Zoning Board of Appeals shall appoint a Secretary and shall prescribe rules for the conduct of its affairs.
B. 
Powers and duties. The Zoning Board of Appeals shall have all the powers and duties prescribed by statute and by this chapter, which are more particularly specified as follows:
(1) 
Interpretation. Upon appeal from a decision by an administrative official, to decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary if there is any uncertainty with respect thereto.
(2) 
Variance. Variances shall be granted only in accordance with Town Law § 267-b. In granting any variance, the Zoning Board of Appeals shall prescribe any conditions that it deems to be necessary or desirable.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Procedure.
(1) 
The Zoning Board of Appeals shall determine its own rules of procedure, consistent with the Town Law and this chapter, and all its deliberations, resolutions and orders shall be in accordance therewith.
(2) 
The Zoning Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it and give due and public notice thereof by publication of a notice of such hearing in the official newspaper of the Town at least five days prior to the date thereof, and shall, at least five days before such hearing, mail notices thereof to the parties affected by such appeal, and shall decide the same within a reasonable time after such hearing.
(3) 
Meetings of the Zoning Board of Appeals shall be open to the public and the Board shall keep complete minutes of its proceedings. Such minutes shall show the findings and reasons for the decisions of the Board, shall be immediately filed in the office of the Town Clerk and shall be a public record.