Aurora City Zoning Code
ARTICLE VIII
Administration and Enforcement
§ 116-83 Enforcement official.
A.
The Town Board shall appoint a Code Enforcement Officer for the proper enforcement of this chapter and the issuance of building and other permits required under this chapter.
B.
Such Code Enforcement Officer shall keep records of all applications made and the granting or denial thereof and shall perform such other duties as may be required.
C.
Such Code Enforcement Officer may be the Code Enforcement Officer appointed pursuant to Chapter 65, Fire Prevention and Building Construction.
D.
Pursuant to Article VIII of the New York State Environmental Conservation Law and Section 1910.3 of the Rules and Regulations of the National Flood Insurance Protection Program, the Code Enforcement Officer shall coordinate with state and federal agencies to ensure that development within the special flood hazard area shall have all necessary permits.
§ 116-84 Building and occupancy permits.
A.
No building or other structure shall hereafter be constructed, erected, built, altered, used or demolished until a building permit therefor has been issued in accordance with this chapter and Chapter 65. No building or structure hereafter erected shall be used or occupied and no use of land shall be hereafter established until an occupancy permit has been issued after inspection from which the provisions of this chapter have been complied with. Building and occupancy permits may be combined with or be part of the permits to be issued pursuant to the State Uniform Fire Prevention and Building Code.
B.
Within a special flood hazard area, as shown on the FIRM, no land shall be used or developed until a building permit therefor has been issued in accordance with this chapter.
§ 116-85 Exceptions to permit requirements.
A.
The provisions of § 116-84 shall not apply to the erection, alteration or use of any farm structure, other than a dwelling or development, within a special flood hazard area depicted on the FIRM or to the use of land for agricultural purposes in any district where such structures and uses are permitted. It is not the intent of this chapter to impose any requirements or limitations on farm structures except that they shall be constructed in accordance with good trade practices, shall comply with all applicable health and safety laws and regulations and shall be located at least the distances specified in this chapter from any highway or property line.
B.
Zoning verification permits.
(1)
The Town of Aurora Code Enforcement Officer is delegated with the authority to issue zoning verification permits under the circumstances in § 280-a of the Town Law, and recognizing the exemption cited in the Building Code of New York State (BCNYS), Section 101.2, Scope, Exception 2: "Agricultural buildings, including barns, shed, poultry houses and other buildings and equipment on the premises, used directly and solely for agricultural purposes."
(2)
Any agricultural proposal which requires a Town of Aurora agriculture zoning verification permit must first be reviewed by the Town of Aurora Code Enforcement Officer to determine whether the proposal violates any provision(s) of the Town of Aurora Zoning Law. This officer's determination is based upon information submitted on a Building Department-supplied application/form by the applicant. Such determination is subject to review and change if the project is modified at a subsequent date. The Code Enforcement Officer reserves the right to request further information if it is deemed necessary. A disapproval of the application by the Code Enforcement Officer means the project, as designed, cannot proceed for the reasons provided. If the applicant disagrees with the Code Enforcement Officer's determination, the applicant may appeal to the Town of Aurora Zoning Board of Appeals.
(3)
All zoning verification permit applications will be accompanied by a site plan in the form of a survey marked with proposed changes with all lot line setback distances noted, along with an application fee as established by the Town Board.
§ 116-86 Application for permits.
§ 116-87 Expiration of permits.
A.
A building permit, occupancy permit or zoning verification permit shall expire and be automatically nullified one year after the date of issuance unless the construction has been completed within such period or unless the occupancy has been substantially established within such period.
B.
Notwithstanding any other provision contained in this Chapter 116 to the contrary, all work required or proposed to be completed pursuant to a demolition permit issued by the Building Department of the Town of Aurora shall be completed within three months of the date of the issuance of such a permit so as to minimize health and safety hazards attributable to any such a demolition project and the unsightly appearance of a structure in the process of being demolished. Failure to complete a permitted demolition within this time period shall constitute a violation of the Aurora Town Code and subject the offender to the penalties described in § 116-95 of this chapter.
C.
Notwithstanding any other provision contained in this Chapter 116 to the contrary, all work required or proposed to be completed pursuant to a pool permit issued by the Building Department of the Town of Aurora shall be completed within three months of the date of issuance of such permit so as to minimize health and safety hazards attributable to the requirements of the issued pool permit, including the enclosing of such pool. Failure to complete the permitted requirements, including the proper enclosing of such pool, within this time period shall constitute a violation of the Aurora Town Code and subject the offender to the penalties described in § 116-95 of this chapter.
§ 116-88 Permit fees.
A.
The fees for building permits shall be the fees specified for administering and enforcing the State Uniform Fire Prevention and Building Code in the Town of Aurora.
B.
Where a building permit has been issued, no additional charge shall be made for the issuance of an occupancy permit with respect to the same project. Where no building permit has been issued and none is required, the fee for an occupancy permit shall be listed on the Town of Aurora building permit fee schedule.
C.
In the case of an application to the Town Board or to the Board of Appeals for a special permit or in the case of any other application or appeal to the Board of Appeals, the actual cost and expenses for investigation and public hearing shall be estimated and paid in advance. Such cost and expenses shall be later adjusted and fixed at the actual cost and expense of processing such application or appeal and shall be in addition to the cost of any building and occupancy permits.