Chili City Zoning Code
ARTICLE XI
Administrative Procedures
§ 500-83 Enforcement official designated.
The Director of Planning, head of the Building Department, or similar officer or designee or Code Enforcement Officer shall have the power to enforce the provisions of this chapter and have the power to certify completeness of submissions and to schedule necessary meetings and hearings according to the provisions of this chapter. An appeal from the Director of Planning, head of the Building Department, or similar officer or designee or Code Enforcement Officer regarding a requirement of the chapter or certification of a complete application may be made only to the Zoning Board of Appeals.
§ 500-84 Forms.
All petitions, applications and appeals provided for in this chapter shall be made on forms provided by the appropriate agency, board or Clerk. Forms shall be accompanied by complete plans and specifications as required by this chapter.
§ 500-85 Filing procedure and fees.
The appropriate Town officials shall review to certify that any submission for petitions, applications and appeals is complete according to this chapter. When the application is deemed complete, the appropriate meetings or hearings shall be scheduled. Fees received for submissions deemed complete and scheduled for meetings or hearings shall not be refundable unless authorized by the Town Board. Such fees shall be established by Town Board resolution. No application shall be deemed complete unless accompanied by such fees.
§ 500-86 Notice and conduct of public hearings.
When the Town Board, Planning Board or Zoning Board of Appeals is required to hold a public hearing, as provided for in this chapter, notice of the hearing shall be given in the following manner:
A.
Notice of hearing on special permit use, variance and site plan approval.
(1)
Each notice of a hearing on a special permit use, a variance and site plan approval shall be published in a newspaper of general circulation in the Town at least five 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 to all owners of property within 100 feet of the exterior boundary of the property for which application is made. For this purpose, the names and addresses of owners as shown on the latest assessment records of the Town of Chili may be used. In the event that the subject property is within 100 feet of property under condominium ownership or ownership of a homeowners' association, then, in that event, only the owners of the units within 100 feet of the subject property and the governing body of the condominium or homeowners' association shall be notified by mail under the terms of this provision.
(2)
At least 10 days prior to the date set for a public hearing on a special permit use, variance or site plan application, the applicant shall post his property with a sign(s) containing the following information:
(3)
Display of sign.
(a)
A sign shall be prominently displayed along each 500 feet of road frontage for those applications listed in Subsection A(2) above. A minimum of one sign is required along each road frontage. Sign(s) shall be no closer than eight feet to and no further than 15 feet from the property line.
(b)
A sign shall be prominently displayed a maximum of 100 feet from each end of the frontage of property for applications submitted to the Planning Board and Town Board for a rezoning proposal. Sign(s) shall be no closer than eight feet to and no further than 15 feet from the property line.
(c)
All signs posted pursuant to this section shall be removed by the applicant within five days after the conclusion of the public hearing.
(4)
The sign(s) required by this section shall be made in accordance with specifications approved by the Town Board and shall be provided to the applicant by the Building Department. Up to two signs shall be provided to the applicant without charge, with each additional sign provided at a cost of $20 each.
(5)
Applicant should direct all best efforts to maintain sign(s) for said time period. Failure by the applicant to maintain the required signs shall not prejudice the application.
(6)
Signs posted in accordance with this section shall be deemed permitted signs, notwithstanding any conflicting provisions of this chapter.
B.
Each notice of a hearing regarding an amendment to the zoning district of a parcel or combination of parcels, subdivision approval, shall be published at least once in a newspaper (official newspaper) of general circulation in the Town at least five days prior to the date of the hearing, posted on the Town Hall bulletin board and Town web site. In addition, at least 10 days prior to the date of the hearing, notices shall be mailed to all owners of property within 500 feet of the exterior boundary line of the property for which the application is made. For this purpose, the names and addresses of the owners as shown on the latest assessment records of the Town of Chili may be used.
C.
Each notice of a hearing on an appeal authorized by this chapter shall be published in a newspaper of general circulation in the Town not more than 10 days nor less than five 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 to all owners of property within 100 feet of the exterior boundary of the property for which the application is made. For this purpose, the names and addresses of the owners as shown on the latest assessment records of the Town of Chili may be used.
D.
Recess or adjournment of hearing. The Planning Board, Town Board or Zoning Board of Appeals may recess a hearing in order to obtain additional information or to serve further notice upon other property owners or to persons it decides may be interested in the proposal being considered. Upon recessing or adjournment, the time and date when the hearing is to be resumed shall be announced. No further notice of publication will be necessary.
E.
Time extensions. The Planning Board, Town Board or Zoning Board of Appeals may extend the time requirements or limits as set forth in this chapter upon mutual agreement between the Board and the applicant. Such time extensions shall be for such purposes as obtaining additional information, resolving major conflicts between the Board and the applicant or to provide time to contact other agencies or persons who may have an interest in the application. The time and date when the hearing is to resume shall be a part of the minutes of the hearing.
F.
Denial without prejudice. Denial without prejudice may be taken on any application the Planning Board, Town Board or Zoning Board of Appeals may have before them. Such action may be taken only if the application is in error or incomplete, such that the information presented is not sufficient to make an adequate decision. The applicant shall be directed to furnish such information as needed so that a decision can be reached by the Board. The applicant may then reapply to the Board upon obtaining the necessary information and submitting documentation as such to the Clerk of the Board as part of the filing procedures established in §§ 500-85 and 500-87.
§ 500-87 Resubmission of denied applications.
In a case where a special use permit is denied by the Planning or Zoning Board or a variance is denied by the Zoning Board of Appeals, unless specifically stated to be without prejudice, it shall not be eligible for resubmittal for a period of one year from the date of said denial, unless, in the opinion of the Planning Board or Zoning Board of Appeals, new evidence is submitted or conditions have changed to an extent that further consideration is warranted.
§ 500-88 Conditions required for issuance of building permit.
No certificate of occupancy/certificate of compliance shall be granted until the applicant has fulfilled all conditions and improvements imposed by the Town during any required review as outlined in this chapter. No building permit shall be granted until the applicant has fulfilled all conditions imposed by the Town during reviews of site plans, architectural plans, special use permits or other plans or applications as outlined in this chapter.
§ 500-89 Building permit required; conditions of permit.
No structure shall be erected, altered, placed, moved or demolished until a permit has been issued therefor by the Code Enforcement Officer and such permit is prominently displayed upon the premises. This requirement applies equally to the construction or installation of underground structures, including sewage disposal systems. Such permit shall expire 90 days after the issuance thereof, unless construction shall have been commenced within said period, and it shall expire 18 months after date of issue in any event.
§ 500-90 Conditions required for issuance of building permit.
No building permit shall be granted until the applicant has fulfilled all conditions imposed by the Town during review of site plans, architectural plans, special use permits or other plans or applications as outlined in this chapter.
§ 500-91 Certificate of occupancy/certificate of compliance required.
Upon the completion of a structure legally erected or altered as required by this chapter, a certificate for the occupancy of the structure and the use designated in the building permit shall be issued within 10 days of a written request for inspection. No structure shall be occupied or the premises used until such certificate is issued, and such certificate shall automatically become invalid upon any change in use of said premises.