Southport City Zoning Code
ARTICLE XII
Administrative Provisions
§ 525-143 Administration.
A.
Permit required. No structure shall be erected, constructed, enlarged, altered or moved and no land or structures shall be used until a zoning permit has been issued by the Code Enforcement Officer. No zoning permit shall be authorized or issued for a use subject to special permit or site plan until approval has been obtained.
B.
Fees.
(1)
Fees shall apply for required or authorized zoning procedures.
(2)
The applicant shall be responsible for reasonable and necessary costs incurred by the Town for professional engineers, planners, architects or attorneys during the subdivision, site plan or permit application review process.
[Amended 11-12-2019 by L.L. No. 4-2019 (Res. No. 160-2019)]
(3)
Audit. The Town Board shall review and audit all vouchers and shall approve payment only of such engineering, legal and consulting expenses as are reasonable in amount and necessarily incurred by the Town in connection with the review and consideration of applications for land use or development approvals. For the purpose of this review and audit, a fee shall be reasonable in amount if it bears a reasonable relationship to the average charge by engineers, attorneys or other consultants to the Town for services performed in connection with similar applications and, in this regard, the Supervisor may take into consideration the complexity, both legal and physical, of the project proposed, including, but not limited to, the extent to which the Town's review and consideration of an application is subject to laws and regulations beyond the Code of the Town of Southport, New York State Town Law and New York State General Municipal Law, potential traffic impacts, the size, type, and number of structures and associated improvements to be constructed, the amount of time to complete the project, the topography of the land on which such project is located, potential visual impacts to properties located within one mile of the proposed development, soil conditions, surface water, drainage conditions, the nature and extent of highways, drainage facilities, utilities or parks to be constructed and special conditions or considerations as are relevant. A fee or part thereof is necessarily incurred if it was charged by the engineer, attorney, or consultant for a service which was rendered in order to protect or promote the health, safety, or other vital interests of the residents of the Town relative to the foregoing factors, to protect the Town's legal interests and such other interests as the Town may deem relevant.
[Added 11-12-2019 by L.L. No. 4-2019 (Res. No. 160-2019)]
C.
Exceptions. Anything in this chapter to the contrary notwithstanding, no zoning permit shall be required for a repair that does not require a building permit and does not exceed 25% of the fair market value.
D.
Notice required. Before undertaking any repair authorized by the foregoing subsections, the property owner or occupant shall file with the Code Enforcement Officer of the Town a notice setting forth, in general, the nature and extent of such proposed repair and the estimated cost thereof.
E.
Permit procedure.
(1)
Application for zoning permit. Any such application for a zoning permit shall be made in duplicate, shall state the use and occupancy proposed and shall be accompanied by 10 copies of all plans, drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact size and location on the lot of all structures to be built on the lot and of any structures that are to remain, the nature of any proposed alteration, extension, removal, demolition or structural change, the proposed excavation or grading in connection with such building, the existing and intended use of each structure or part thereof and of any separate use of the land, the number of families the building is designed to accommodate, the estimated cost of any structure or improvement, and such other information with regard to the application that may be necessary to determine compliance and provide for enforcement of this chapter. If approval is required from the County Health Department or other agency for any such proposed work, such approval shall be obtained in writing and submitted along with the application for a zoning permit.
(2)
Prior building permits. Any building, extension or alteration for which a building permit has been duly granted, the construction of which has been started before the effective date of this chapter or of an amendment thereto, may be completed in accordance with plans on file with the Code Enforcement Officer, provided that such construction is diligently prosecuted and the building is completed within two years of the date of the issuance of the permit therefor. If any of the requirements shall not have been fulfilled within the prescribed period or if the building operations are discontinued for a period of six months, any other construction shall be in conformity with the provisions of this chapter.
(3)
Amendments to permits.
(a)
Any amendments to the building permit or to the plans and specifications accompanying the same must be filed at a time prior to the commencement of the work on said proposed changes and subject to the approval of the Code Enforcement Officer. If the change involves a change in the site plan, the applicant shall gain approval from the Planning Board.
(b)
No building permit shall be issued for any building where the site plan of such building is subject to approval by the Planning Board, and the building shall be in conformity with the plans approved by said Board.
(4)
Approval.
(a)
The Code Enforcement Officer, after determining that such proposed work, use and occupancy are in compliance with all provisions of this chapter and other applicable ordinances and codes, may approve any such application and issue a zoning permit in connection therewith. An order from the Board of Appeals varying the application of any provisions of this chapter shall be acceptable in lieu of compliance with said provisions. The Code Enforcement Officer shall return to the applicant one copy of such application and plans, endorsed as approved.
(b)
Such zoning permit shall, among other things, briefly describe the premises, the nature of the improvement, the estimated cost and the intended use or purpose to be made of the improvement and premises. It shall bear the date of issuance and be signed by the Code Enforcement Officer. No building, land or premises shall be used for any purpose other than that stated in the permit.
(c)
The Code Enforcement Officer, if he determines that such proposed work, use and occupancy are not in compliance with all provisions of this chapter and other applicable ordinances and codes, shall disapprove such application and shall return to the applicant one copy of such application and plans endorsed as disapproved with the reasons stated in writing thereon.
(5)
Expiration, extension, and rescission.
(a)
Every zoning permit issued shall become void after the expiration of one calendar year immediately following the date of issuance, and any further work on any premises after the expiration date or extension period of such zoning permit has passed shall constitute a violation of this chapter. Prior to such expiration date, the applicant may either apply to the Code Enforcement Officer for a new zoning permit or for an extension of the expiration date of the original permit.
(b)
The Code Enforcement Officer may, for just cause, extend the expiration date of any zoning permit for a reasonable time period and may attach reasonable conditions to such extension relating to the work involved or situations that exist as a result of the work.
(c)
Rescission of permits. The Code Enforcement Officer may, for just cause, rescind a zoning permit which he has issued. Where, in the opinion of the Town Board, any zoning permit hereafter issued by the Code Enforcement Officer was improperly or unlawfully issued or was procured through fraud or deception, the Town Board shall direct the Code Enforcement Officer to rescind the same.
(6)
Inspection; right of entry.
(a)
The Code Enforcement Officer or a duly authorized deputy shall have the right to enter upon any land at any reasonable hour in the course of his duties.
(b)
Location of buildings to be staked before construction. The building location on the lot shall be staked out on the ground before construction is started so that the Code Enforcement Officer may determine by measurement on the lot that the yard requirements for the district in which the use is located are met.
(c)
The Code Enforcement Officer shall inspect or cause to be inspected any building, structure or portion thereof after completion of any work for which a zoning permit was issued and be assured that all plans as approved are complied with before issuing a certificate of occupancy.
(7)
Appeals. Any person allegedly aggrieved as a result of an action by the Code Enforcement Officer in regard to a zoning permit may appeal to the Board of Appeals.
(8)
Permit approval affected by proposed zoning amendments. Whenever the Town Board, by resolution, authorizes a public hearing on a proposed amendment to this chapter, and for a period of 60 days following the date of such resolution, no building or structure shall be erected, enlarged or altered and no permit shall be issued for the erection, enlargement or alteration of any building of structure or for the occupancy of any land or building in any manner that would be contrary to the provisions of the proposed amendment if adopted by the Town Board.
F.
Zoning permits to be conditional. Every zoning permit issued shall be conditioned upon continued compliance with all of the requirements upon which the same was issued or which were imposed in connection with any site plan approval, variance, special permit or otherwise; and in the event of noncompliance, the Code Enforcement Officer shall rescind the zoning permit.
G.
For any application for a zoning permit that meets the definition of land development activities, as such are defined in § 452-4, the applicant is required to submit a stormwater pollution prevention plan (SWPPP) and otherwise comply with the provisions of Chapter 452, Stormwater Management, Erosion and Sediment Control.
§ 525-144 Certificates of occupancy.
A.
Certificate of occupancy required. It shall be unlawful for any person to use or permit the use of any building or premises or part thereof hereafter erected, relocated, altered, repaired, converted or extended, to change the use of an existing building or part thereof or to occupy or use land or to change the use of land for other than tilling the soil until a certificate of occupancy shall have been issued by the Code Enforcement Officer.
B.
Application and approval of certificate of occupancy. It shall be the duty of the Code Enforcement Officer to issue a certificate of occupancy, provided that he has determined by inspection that the building and the proposed use of the building or land conform with all the requirements herein set forth. Such certificate shall state that such building or premises or part thereof and the proposed use thereof specifically described in the certificate are in complete conformity with the provisions of this chapter or any approvals under the Town Code. In case the Code Enforcement Officer shall refuse to issue a certificate of occupancy, his reasons shall be stated, in writing, on the application, and one copy thereof shall be returned to the applicant.
C.
Temporary certificate of occupancy. Pending the issuance of a certificate of occupancy, a temporary certificate of occupancy may be issued by the Building Inspector/Code Enforcement Officer for a period not exceeding 90 days, renewable for two consecutive periods not exceeding 30 days each, during the completion of construction or alteration of any building. Such temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owner or of the Town respective to the use or occupancy of the land or building or any other matter covered by this chapter, and such temporary certificate shall not be issued except under such restrictions and provisions as outlined by the Building Inspector as will adequately assure the safety of the occupants of the building and of adjacent buildings and land.
D.
Copies of certificates; existing uses. The Code Enforcement 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. Upon written request from the owner and by payment by him to the Town of the fee specified, the Code Enforcement Officer shall issue a certificate of occupancy for any building or premises existing at the time of the enactment of this chapter, certifying, after inspection, that the extent and kind of use and disposition conforms with the provisions of this chapter.
E.
Fees. Each application for a certificate of occupancy shall be accompanied by a fee according to the schedule as adopted by resolution of the Town Board.
F.
Appeals. Any person allegedly aggrieved by an action of the Code Enforcement Officer with regard to a certificate of occupancy may appeal to the Board of Appeals.
G.
Uniform Code. In addition to the provisions of this section, all certificates of occupancy shall also be governed by the provisions of Chapter 245, Uniform Construction Codes. Where there is a conflict between the provisions of this chapter and Chapter 245, the more-restrictive provision shall apply.