Gates City Zoning Code
ARTICLE XXIX
Administrative Provisions
§ 190-173 Administration.
The Code Enforcement Officer shall have the power and duty to enforce the provisions of this chapter. The officer shall be appointed and may be removed by the Town Board and shall serve at the pleasure of the Town Board of Gates. An appeal from a ruling by him regarding a requirement of this chapter may be made only to the Zoning Board of Appeals.
§ 190-174 Form of petitions, applications and appeals.
All petitions, applications and appeals provided for in this chapter shall be made on forms prescribed by the Town Board. Forms shall be accompanied by plans and specifications as required by this chapter.
§ 190-175 Filing fees.
Fees shall be paid to the Town Clerk upon the filing of an application. Such fees shall be as established by Town Board resolution and are not refundable.
§ 190-176 Notice of public hearings.
[Amended 5-6-2019 by L.L. No. 1-2019; 5-3-2021 by L.L. No. 11-2021]
When the Town Board, Planning Board or Zoning Board of Appeals is required to hold a public hearing, as provided for in this chapter or elsewhere by law, notice of the hearing shall be given pursuant to the provisions of NYS Town Law § 264, and in the following manner:
A.
Each notice of a public hearing for Town Board, Planning Board, and Zoning Board of Appeals shall be published in a newspaper of general circulation in the Town, and posted on the Town website and Town bulletin board at least five business days prior to the date of the hearing. Additionally:
(1)
All property owners of record within 300 feet of the outside perimeter or boundary line of property involved in the application shall be notified by mail at least 10 days prior to the date of the public hearing. In the event that the subject property is within 300 feet of property under condominium ownership or ownership of a homeowners' association, then, in that event, only the owners of the units within 300 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, the property shall be posted with a sign, prominently displaced along each road frontage. Signs shall be no closer than eight feet to and no further than 15 feet from the pavement edge. All signs posted pursuant to this section shall be removed by the applicant within five days after the conclusion of the public hearing, and returned to the Building Department.
(3)
Applicants should direct all best efforts to maintain signs for said time period. Failure by the applicant to maintain the required signs shall not prejudice the application, but could, at the discretion of the applicable board, result in postponement of the public hearing.
(4)
Fees collected by the Town Clerk upon filing of an application shall pay for the Town's efforts to provide public notice as described in this section.
B.
Each notice of a hearing regarding an amendment to this chapter shall be published at least one time in a newspaper of general circulation in the Town at least 10 days prior to the date of the hearing.
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 less than five days prior to the date of the hearing.[1]
[1]
Editor's Note: Former Subsection D, Posting of property, which immediately followed this subsection, was repealed 5-3-2021 by L.L. No. 11-2021.
§ 190-177 Limitation of new applications.
In a case where a conditional use permit or a variance is denied by the authorized board, as the case may be, unless specifically stated to be without prejudice, said permit or variance shall not be eligible for resubmittal for the period of one year from the date of said denial, unless, in the opinion of the authorized board, new evidence is submitted or conditions have changed to an extent that further consideration is warranted or as provided by § 267 of the Town Law.
§ 190-178 Certificate of occupancy; change in use of land or structure.
A.
Upon the completion of a structure legally erected or altered, as required by this chapter, a permit 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 permit is issued, and such certificate shall automatically become invalid upon any change in use of said premises.
B.
It shall be unlawful to change the occupancy or the use of any land or structure unless:
[Added 10-29-1979]
(1)
Prior to such change in the use of land or structure from the use stated on the certificate of occupancy issued for said land or structure, or, if no certificate of occupancy was issued, from the use of land or structure in existence at the time of the adoption of this amendment, the owner of the premises or his duly authorized agent shall make an application in writing, on forms provided by the Town of Gates, for a certificate of occupancy for the proposed use.
(2)
The application shall be filed with the Building Inspector of the Town of Gates, who shall review the application for the proposed use and determine if said use complies with and conforms to the various requirements of this chapter applicable to the proposed use.
(3)
Within 10 days from the date of the filing of the application, the Building Inspector shall either issue a certificate of occupancy for the proposed use or deny the same in writing, stating the reasons for such denial.
§ 190-179 Planning Board.
[Amended 11-4-2020 by L.L. No. 1-2021; 5-3-2021 by L.L. No. 11-2021]
Pursuant to § 271 of the Town Law, the Planning Board of the Town of Gates shall consist of five members and two alternates appointed by the Town Board, in such manner and for such terms as provided in the Town Law. For the purpose of initiating a Planning Board under this chapter, the normal continuance of the existing Planning Board is established. The Planning Board shall have power to pursue all those duties established for it by statute and this chapter. Such Board shall establish such rules and regulations as are necessary for the transaction of its business and may amend, modify and repeal the same.
§ 190-180 Zoning Board of Appeals.
[Amended 11-4-2021 by L.L. No. 2-2021; 5-3-2021 by L.L. No. 11-2021]
Pursuant to the provisions of § 267 of the Town Law, a Board of Appeals is hereby created. Said Board shall consist of five members and two alternates to be appointed by the Town Board, which shall also designate the Chairman thereof, for such terms as provided by the Town Law and any amendments thereto; and the Board of Appeals shall have all the powers and perform all the duties prescribed by statute and by this chapter. For the purpose of initiating a Board of Appeals under this chapter, the normal continuance of the existing Board of Appeals is established. Said Board shall establish and from time to time amend or repeal rules and regulations for the effectuation of its powers and duties.