Town of Fort Edward, NY
Washington County
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Table of Contents
Table of Contents
[Amended 6-27-1988 by L.L. No. 3-1988]
The Town Board shall provide for the services of a Zoning Administrator and/or Building Inspector. The Zoning Administrator and/or Building Inspector are hereby given the duty, power and authority to enforce the provisions of this chapter. They shall examine all applications for permits, issue permits for the construction, alteration, enlargement and occupancy of all uses which are in accordance with the requirements of this chapter and all nonconforming uses, record and file all applications for permits with accompanying plans and documents and make such reports as may be required.
[Amended 6-27-1988 by L.L. No. 3-1988]
A. 
Zoning permits for a variance from the requirements of this chapter and for such special uses as may be enumerated in Article IV hereof shall be issued only upon written order of the Zoning Board of Appeals.
B. 
Purpose. To ensure compliance with the provisions of this chapter, no person shall erect, alter or convert any structure or building or part thereof nor alter the use of any land subsequent to the adoption of this chapter until a zoning permit has been issued by the Zoning Administrator and/or Building Inspector. Zoning permits may be valid for a limited period of time for special uses of a temporary nature as set forth herein and for other uses as may be regulated by the Zoning Board.
C. 
Water supply and sewage disposal. All water supply and sewage disposal installations shall conform to the New York State Department of Health regulations.
D. 
For principal permitted uses. All such applications shall be accompanied by plans, in duplicate, drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact size and location of any building, sign, parking or loading area or other physical feature existing and the intended use of each building or part of a building, the number of families, dwelling units, employees, offices or other appropriate units of occupancy which the building is designed to accommodate and such other information as may be necessary to determine compliance with this chapter. One copy of such plans shall be returned to the owner when such plans shall be approved, and one copy each of all applications, with accompanying plans and documents, shall become a public record after a permit is issued or denied.
E. 
For special uses. All such applications shall be accompanied by plans and such other information as may be required by the Zoning Board, except that for planned development groups the following shall be furnished:
(1) 
A general development plan showing the use or uses, dimensions and locations of proposed structures and of areas to be reserved for vehicular and pedestrian circulation, parking, public uses such as schools and playgrounds, landscaping and other open spaces and architectural drawings and sketches demonstrating the design and character of the proposed uses and such other pertinent information as may be necessary to a determination that the contemplated arrangement or use makes it desirable to apply regulations and requirements differing from those ordinarily applicable under this chapter.
F. 
Issuance of permits.
(1) 
It shall be the duty of the Zoning Administrator and/or Building Inspector to issue a zoning permit, provided that they are satisfied that the structure, building, sign, parking area and the proposed use conform to all requirements of this chapter and that all other reviews and actions, if any, called for in this chapter have been complied with and all necessary approvals secured therefor.
(2) 
All zoning permits shall be issued in duplicate, and one copy shall be kept conspicuously on the premises affected and protected from the weather whenever construction work is being performed thereon. No owner, contractor, workman or other person shall perform any building operations of any kind unless a zoning permit covering such operation has been displayed as required by this chapter, nor shall they perform building operations of any kind after notification of the revocation of said zoning permit.
G. 
Denial of permit. When the Zoning Administrator and/or Building Inspector are not satisfied that the applicant's proposed development will meet the requirements of this chapter, they shall refuse to issue a zoning permit, and the applicant may appeal to the Zoning Board of Appeals for a reversal of the Zoning Administrator's and/or Building Inspector's decision.
H. 
Revocation of permits. If it shall appear, at any time, to the Zoning Administrator and/or Building Inspector that the application or accompanying plan is in any respect false or misleading or that work is being done upon the premises differing materially from that called for in the applications filed with them under existing laws or ordinances, they may forthwith revoke the zoning permit, whereupon it shall be the duty of the person holding the same to surrender it and all copies thereof to said Zoning Administrator and/or Building Inspector. After the zoning permit has been revoked, the Zoning Administrator and/or Building Inspector may, in their discretion, before issuing the new zoning permit, require the applicant to file an indemnity bond in favor of the Town of Fort Edward with sufficient surety conditioned for compliance with this chapter and all laws and ordinances then in force and in a sum sufficient to cover the cost of removing the building or structure if it does not so comply.
I. 
No zoning permit shall be issued unless and until the applicant has complied with the requirements of the stormwater management and erosion and sediment control provisions of Chapter 56 of the Town Code.
[Added 6-12-2006 by L.L. No. 4-2006]
[Amended 6-27-1988 by L.L. No. 3-1988]
For new uses, after completion of the whole building or structure and upon the sworn application by the owner or his duly authorized agent setting forth such facts as the Zoning Administrator and/or Building Inspector may require and after actual inspection of the premises by the Zoning Administrator and/or Building Inspector or their duly authorized assistant, the Zoning Administrator and/or Building Inspector shall, upon finding the facts to be as represented, issue, in duplicate, an occupancy permit, certifying that the premises comply with the provisions of this chapter and may be used for the purposes set forth in the permit, which purposes shall conform to the requirements of this chapter. No change of use shall be made in any building, structure or premises now or hereafter erected or altered that is not consistent with the requirements of this chapter. Any person desiring to change the use of his premises shall apply to the Zoning Administrator and/or Building Inspector for an occupancy permit. A copy of the occupancy permit shall be kept at all times upon the premises affected and shall be displayed upon request made by any building inspector or police officer. A record shall be kept of all occupancy permits issued, and the original applications therefor shall be kept on file in the same manner as applications for zoning permits. No owner, tenant or other person shall use or occupy any building or structure thereafter erected or altered, the use of which shall be changed after the passage of this chapter, without first procuring an occupancy permit, provided that an occupancy permit, once granted, shall continue in effect so long as there is no change of use, regardless of change in the personnel of tenants or occupants.
A. 
Appeal from Zoning Administrator and/or Building Inspector.
[Amended 6-27-1988 by L.L. No. 3-1988]
(1) 
Procedure for appellant.
(a) 
An appeal to the Zoning Board from any ruling of any administrative officer administering any portion of this chapter may be taken by any person aggrieved or by an officer, department, board or bureau of the Town affected thereby. Such appeal shall be taken by filing with the officer from whose action the appeal is taken and with the Zoning Board by filing with the Secretary thereof a notice of appeal, specifying the grounds therefor.
(b) 
All applications and appeals made to the Zoning Board shall be in writing on forms prescribed by the Zoning Administrator and/or Building Inspector. Every application or appeal shall refer to the specific provision of this chapter and shall exactly set forth the interpretation that is claimed, the plans for a special use or the details of the variance that is applied for, in addition to the following information:
[1] 
The name and address of the applicant or appellant.
[2] 
The name and address of the owner of the zone lot to be affected by such proposed change or appeal.
[3] 
A brief description and location of the zone lot to be affected by such proposed change or appeal.
[4] 
A statement of the present zoning classification of the zone lot in question, the improvements thereon and the present use thereof.
[5] 
A reasonably accurate description of the present improvements and the additions or changes intended to be made under this application, indicating the size of such proposed improvements, material and general construction thereof. In addition, there shall be attached a plot plan of the real property to be affected, indicating the location and size of the lot and size of improvements thereon and proposed to be erected thereon.
(2) 
Procedure for Zoning Administrator and/or Building Inspector.
(a) 
The notice of appeal in any case where a permit has been granted or denied by the Zoning Administrator and/or Building Inspector shall be filed within such time as shall be prescribed by the Zoning Board under general rule after notice of such action granting or denying the permit has been mailed to the applicant. The Zoning Administrator and/or Building Inspector shall forthwith transmit to the Zoning Board all papers constituting the record upon which the action appealed from was taken or, in lieu thereof, certified copies of said papers.
(b) 
It shall be competent for the Zoning Administrator and/or Building Inspector to recommend to the Zoning Board a modification or reversal of their action in cases where they believe substantial justice requires the same but where they have not themselves sufficient authority to grant the relief sought.
(3) 
Procedure for the Zoning Board. The Zoning Board shall decide each appeal within a reasonable time. Upon the hearing, any party may appear in person or be represented by an agent or attorney. The Zoning Board's decision shall be immediately filed in its office and be a public record. In the exercise of its functions upon such appeals or upon exceptions, the Zoning Board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from or may make such order, requirement, decision or determination in accordance with the provisions hereof.
(4) 
Expiration of appeal decision. Unless otherwise specified by the Zoning Board, a decision on any appeal or request for a variance shall expire if the applicant fails to obtain any necessary zoning permit or comply with the conditions of said authorized permit within six months from the date of authorization thereof.
(5) 
Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Administrator and/or Building Inspector certify for the Zoning Board, after the notice of appeal shall have been filed, that, by reason of facts stated in the certificate, a stay would, in their opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Zoning Board or by the Supreme Court on application, on notice to the Zoning Administrator and/or Building Inspector and on due cause shown.
B. 
Appeal from decision of Zoning Board. All decisions of the Zoning Board are subject to court review in accordance with applicable laws or the State of New York.
A. 
The Zoning Board shall fix a reasonable time for the hearing on the appeal or application and give due notice to the following officials, persons and owners of property not less than five days prior to the day of the hearing:
[Amended 6-27-1988 by L.L. No. 3-1988]
(1) 
When appealing action of the Zoning Administrator and/or Building Inspector. In case of an appeal alleging an error or misinterpretation in any order or other action by the Zoning Administrator and/or Building Inspector, the following persons shall be notified: the Zoning Administrator and/or Building Inspector, the appellant and the person or persons, if any, who benefit from the order, requirement, regulation or determination.
(2) 
When appealing for variance; special use. In case of an appeal for a variance or in case of application for a special use, as provided for in this chapter, the following persons shall be notified: all owners of property within 500 feet of the nearest line of the property for which the variance or special use is sought and to such other property owners as the Chairman of the Zoning Board may direct.
B. 
Adjournment of hearing. Upon the day for hearing any application or appeal, the Zoning Board may adjourn the hearing for a reasonable period for the purpose of causing such further notice as it deems proper to be served upon such other property owners as it decides may be interested in said application or appeal.
C. 
Required interval for hearings on applications and appeals after denial. Whenever the Board, after hearing all the evidence presented upon an application or appeal, under the provisions of this chapter denies the same, the Zoning Board shall refuse to hold further hearings on said or substantially similar application or appeal by the same applicant, his successor or assign for a period of one year, except and unless the Zoning Board shall find and determine from the information supplied by the request for a rehearing that changed conditions have occurred relating to the promotion of the public health, safety, convenience, comfort, prosperity and general welfare and that a reconsideration is justified.
[Amended 9-26-1983; 6-27-1988 by L.L. No. 3-1988]
A. 
Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the Zoning Administrator and/or Building Inspector, who shall properly record such complaint and immediately investigate and report thereon to the Town Board.
B. 
Procedure for abatement of violations. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter or of any ordinance or regulation made under authority conferred hereby, the Town Board or the Zoning Administrator and/or Building Inspector, in addition to other remedies, may institute any appropriate action of proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use 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.
C. 
Any person, firm or corporation violating any provision of this chapter shall be 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 weeks' continued violation shall constitute a separate additional violation.
[Amended 9-26-1983; 6-27-1988 by L.L. No. 3-1988; 6-13-2005 by L.L. No. 6-2005]
Application fees in the amounts adopted by the Town Board pursuant to Town Code §50-1 and listed on the Fee Schedule[1] shall be paid at the office of the Zoning Administrator and/or Building Inspector upon the filing of an application.
[1]
Editor's Note: The Fee Schedule is on file in the Town offices. See § 50-1.