Hague Town City Zoning Code
ARTICLE XIV
Administrative Provisions
§ 160-80 Enforcement by Zoning Administrator.
[Amended 11-10-1998]
The Zoning Administrator shall have the power and duty to administer and enforce the provisions of this chapter. The Zoning Administrator shall be appointed and may be removed at the pleasure of the Town Board. An appeal from an action, omission, decision or rule by him regarding a requirement of this chapter may be made only to the Zoning Board of Appeals.
§ 160-81 Required records.
The original or a certified copy of all decisions, approvals, rulings and findings of any board under this chapter, and of all permits and certificates issued under this article, shall be promptly furnished by the Zoning Administrator to the Town Clerk and retained as a permanent Town public record.
§ 160-82 Appeal from action of Planning Board or Zoning Board of Appeals.
An action, omission, decision or ruling of the Planning Board or Zoning Board of Appeals pursuant to this chapter may be reviewed at the instance of any aggrieved person in accordance with Article 78 of the Civil Practice Law and Rules, but application for such review must be made not later than 60 days from the effective date of the decision or ruling or the date when the action or omission occurred, whichever comes later.
§ 160-83 Form of petitions, applications and appeals.
[Amended 11-10-1998]
Unless otherwise stated, all petitions, applications and appeals provided for in this chapter shall be made on forms prescribed by the Planning Board. Completed forms shall be accompanied by whatever further information, plans or specifications may be required by such forms.
§ 160-84 Application fees. [1]
Fees shall be paid upon the submission of petitions, applications and appeals provided for by the terms of this chapter in such amount or amounts as shall be established by resolution of the Town Board from time to time.
[1]
Editor's Note: Amended during codification (see Ch. 1, General Provisions, Art. II).
§ 160-85 Notice of public hearing.
[Amended 11-10-1998]
Each notice of hearing upon an application for site plan review approval or for the granting of a variance, or upon an appeal to the Zoning Board of Appeals from an action of the Zoning Administrator, shall be published once in the official newspaper of 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 the property within 500 feet of the exterior boundary of the boundary of the property for which the application is made, as may be determined by the latest assessment records of the Town.
§ 160-86 Land use and development permits; issuance; expiration.
A.
No person shall undertake any new land use or development unless and until the Zoning Administrator has issued a land use and development permit therefor, except that no permit by the Zoning Administrator shall be required under this article for a new land use and development which is a Class A regional project subject to Adirondack Park Agency project permit jurisdiction.
[Amended 11-10-1998]
B.
Issuance of land use and development permits. The Zoning Administrator shall not issue a land use and development permit unless the Zoning Administrator determines:
[Amended 11-10-1998]
(1)
The new land use or development complies with any applicable sanitary codes;
(2)
The new land use and development meets the area, setback, bulk and height controls and the special shoreline restrictions of this chapter, unless an area variance has been granted pursuant to Article XII hereof;
(3)
It is an accessory use or a use permitted by right or the new land use or development has received site plan approval, if applicable, and, if such approval is subject to conditions to be met prior to the granting of a permit, that all such conditions have been met;
(4)
It is a nonpermissible use for which a use variance has been granted pursuant to the terms of Article XII hereof and, if such grant was subject to conditions to be met prior to the granting of a permit, that all such conditions have been met; and
(5)
It is a sign, and such sign complies with the provisions of this chapter.
C.
Expiration of land use and development permits. If a project for which a land use and development permit has been issued is not in existence within two years after the issuance of such permit, said permit shall expire, and the project may not thereafter be undertaken or continued unless a new permit has been applied for and issued in the same manner and subject to all provisions governing the initial application for and issuance of a permit, unless the terms of the initial land use and development permit for the project provide for a longer period of time, in which case the permit shall expire at the end of that longer period.
§ 160-87 Certificate of occupancy.
[Amended 11-10-1998]
Upon the completion of a building erected or materially altered for which a land use and development permit has previously been issued, a certificate permitting the occupancy of the building and the use designated in the land use and development permit shall be required, and the building may not be occupied until such certificate of occupancy has been issued. The Zoning Administrator shall issue such certificate of occupancy within 10 days of a written request for inspection, if he shall determine that all the conditions of the land use and development permit pertaining to that building, if any, have been fulfilled. To aid in the early identification of any problems, the Zoning Administrator shall make an inspection of the proposed structure, or addition to a structure, at the time the forms for the foundation footprint have been set in place and, based upon such inspection, shall notify the owner whether the proposed project complies with the issued land use and development permit.