General sequence of steps. All persons desiring to undertake any new construction, structural alteration, repair or changes in the use of a building or lot shall apply to the Zoning Officer for a zoning permit by filling out the appropriate application form and by submitting the required fee. The Zoning Officer will either issue the zoning permit or, if it is felt that an interpretation, variance or special use permit is required, refuse to issue it until duly authorized in accordance with the provisions of this chapter. After the zoning permit has been received, the applicant may proceed to undertake the action permitted by such zoning permit. If the Zoning Officer finds that the action of the applicant has been taken in accordance with the zoning permit, a certificate of zoning compliance will be issued, allowing the premises to be occupied.

Zoning permit types. Under the terms of this chapter, the following classes of zoning permits may be issued:

General. No building or structure shall be erected, added to or structurally altered until a zoning permit therefor has been issued by the Zoning Officer. No such permit shall be issued for any building or for any use of land where said construction, addition, alteration or use thereof would be in violation of any of the provisions of this chapter. Alterations or additions include, but are not limited to, the following:

Information necessary for application. Every application for a zoning permit shall state, in writing, the intended use of the building or land and shall be accompanied by two copies of a plot plan drawn to a scale and showing the actual dimensions of the lot to be built upon, the exact size and location on the lot of the building and accessory buildings to be erected and such other information as may be necessary to provide for the enforcement of this chapter. Unless such plan is drawn in suitable form, the Zoning Officer may refuse to accept the application. One copy of such plot plan, together with the zoning permit, shall be returned to the applicant when approved by the Zoning Officer and upon payment of a fee as indicated in this article. The second plot plan, with a copy of the application for a zoning permit, shall become a public record after a permit is issued or denied. All applications for industrial or commercial uses for projects, the costs of improvements of which exceed $50,000, shall require security in a form acceptable to the Town Attorney in an amount established by the Town Board after consultation with the Town Engineer.

Water supply and sewage disposal. All water supply and sewage installations shall conform to Seneca County Department of Health regulations. No plot plan shall be approved by the Zoning Officer in any zone unless such conformity is certified on the plan or in writing. Drainage affecting adjacent properties, including possible runoffs onto said properties, shall be considered by the Zoning Officer before a zoning permit is issued.

Issuance of permits.

Denial of permits. When the Zoning Officer is not satisfied that the applicant's proposed development meets the requirements of this chapter, he or she will refuse to issue the zoning permit. Such refusal will enable the applicant to submit an appeal to the Zoning Board of Appeals.

Revocation of permits. If it shall appear, at any time, that the application or accompanying plan is in any material respect false or misleading, or that work being done on the premises differs materially from that called for in the application filed under existing laws or ordinances, the Zoning Officer shall immediately issue a stop-work order and may refer the matter to the Zoning Board of Appeals to consider revocation of the zoning permit at a public hearing to be conducted upon due notice to the permit holder. After a permit has been revoked, the Zoning Officer, before issuing a new permit, shall require the applicant to file a performance bond or other security in a form acceptable to the Town Attorney and in an amount required by the Town Board after consultation with the Town Engineer, sufficient to pay the cost of removal of any nonconforming structure.

Expiration of permits.

General. No land shall be occupied or used and no building hereafter erected, altered or extended shall be used or changed in use until a certificate of zoning compliance shall have been issued by the Zoning Officer, stating that the buildings or proposed use thereof complies with the provisions of this chapter.

Application for certificate of zoning compliance. All certificates of zoning compliance shall be applied for coincident with the application for a zoning permit. Said certificate shall be issued within 10 days after the erection or alteration shall have been approved as complying with the provisions of this chapter.

Record. The Zoning Officer shall maintain a record of all certificates, and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building affected.

Referral. The Town Planning Board shall review and report on all matters referred to it by the Town Clerk. See § 300-116.

Approval of site plans and certain uses. The Planning Board shall review and approve, approve with modifications or disapprove site plans, including certain land uses, when such site plan review is specified in this chapter. When Planning Board approval is required, no zoning permit shall be issued until such approval, with or without modification, has been granted.

Appeal. A Planning Board determination made pursuant to the provisions of Subsection B of this section may be appealed to the Town Board by any aggrieved party. The Town Board may reverse or modify such Planning Board determination by vote of a majority plus one.

A violation of this chapter occurs when, in any case, any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used, occupied and/or operated in violation of this chapter or of any ordinance or regulation made under authority conferred hereby.

A violation of this chapter shall be an offense, punishable by a fine not to exceed $350 or imprisonment for a period not to exceed 15 days, or both, for a conviction for a first offense; a fine of not less than $350 nor more than $700 or imprisonment for a period not to exceed 15 days, or both, for a conviction for a second offense within a period of five years from the date of the commission of the first offense; a fine of not less than $700 nor more than $1,000 or imprisonment for a period not to exceed 15 days, or both, for a conviction for a third or subsequent offense within a period of five years from the date of the commission of the first offense.

Each day's continued violation shall constitute a separate additional violation.

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.

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 Officer, who shall properly record such complaint and investigate same.

Authority of Zoning Officer.

Violations shall be prosecuted by the Zoning Officer, with the assistance of the Town Attorney when requested by the Zoning Officer, pursuant to the Criminal Procedure Law of the State of New York pertaining to prosecution of offenses in the justice courts.

Prevent or remove such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, operation, occupation or use; to restrain, correct or abate such violation;

Prevent the occupancy of said building, structure or land; or

Prevent any illegal act, conduct business or use in or about such premises.