Wilton City Zoning Code
ARTICLE XXXV
Administration and Enforcement
§ 129-245 Enforcement.
This chapter shall be enforced by the Building Inspector who shall be appointed by the Town Board. In case of a vacancy in the office of the Building Inspector, the Town Supervisor or his/her designated representative shall act as Building Inspector. No building permit or certificate of occupancy shall be issued by the Building Inspector except where all provisions of this chapter have been complied with.
§ 129-246 Permits.
A.
Building permit. No building or dwelling unit shall be constructed, structurally altered, enlarged or moved where such construction, alteration or enlargement is in excess of $2,000 (market value) and is not considered general maintenance unless a building permit for such action has been issued by the Building Inspector.
B.
Conditional use permit. A conditional use permit for special purposes that do not fall under the requirements for a building permit or special use permit may be granted for the period up to 90 days by the Building Inspector upon the approval of the Town Board. This permit may be renewed by the Town Board for an additional 30 days.
§ 129-247 Materials to be submitted with permit applications.
A.
Each application to the Building Inspector for a permit to erect a new building or structure or to enlarge or move an existing one shall be accompanied by a site plan showing the measurements of the lot and all buildings, setbacks and parking spaces, existing and proposed, the intended uses or uses of the land and buildings and plans for provision of essential services. In the case of nonresidential uses or multifamily uses, the documentation shall be the same as required for the site plan review. For new construction, no building permit shall be issued unless the method of sewage disposal and water supply is approved by the appropriate governmental agencies.
B.
Any other application for a building permit and any application for a special or conditional use permit shall be accompanied by a description of the intended use or uses of the land and buildings and such further details as the Building Inspector, Zoning Board of Appeals or any other board may require for a clear understanding of the case.
§ 129-248 Certificate of compliance and occupancy.
A.
No commercial building or site hereafter erected, expanded, altered or in any way changed or modified shall be occupied in whole or in part until a certificate of occupancy shall have been issued by the Building Inspector and a certificate of site compliance shall have been issued by the Director of Planning and Engineering.
B.
A certificate of occupancy may be issued, at the discretion of the Building Inspector and with the approval of any other interested party, without a certificate of site compliance only if a suitable escrow account has been established with the Town.
(1)
All escrow amounts collected by the Town of Wilton shall be placed in an escrow account.
(2)
All escrow amounts shall be in an amount, approved by the Town, capable to complete any unfinished portion of the project.
(3)
The Town shall be authorized to pay the costs for the completion of a project from the money on deposit in the account in order for the Town to defray the cost of completing any required work not completed by the owner/developer within a mutually agreed upon time period, determined at the establishment of said escrow account, but in no case longer than one year from the issuance of certificate of occupancy.
(4)
Upon completion of the project, should moneys remain in the escrow account, they shall be returned to the owner/developer. If moneys on deposit prove to be insufficient for the completion of the project, the owner/developer shall be required to deposit moneys in an amount-sufficient to cover any additional expenses as may be required.
§ 129-249 Zoning Board of Appeals.
A.
Creation, appointment and organization. A Zoning Board of Appeals shall consist of seven members appointed by the Town Board, who shall also designate the Chairman. The terms of office for all members of the Zoning Board of Appeals shall be seven years. The Zoning Board of Appeals shall appoint a Secretary and prescribe rules for the conduct of its affairs as provided by its bylaws.
B.
Powers and duties. The Zoning Board of Appeals shall have the powers and duties prescribed by law and by this chapter, which are more particularly specified as follows:
(1)
Interpretation. To resolve any questions involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary, if there is uncertainty concerning such boundary.
(2)
Special use permits. The Zoning Board of Appeals shall issue all residential special use permits, except for senior living communities, which shall be issued by the Town Board, and nonresidential special use permits shall be issued by the Planning Board.
[Amended 8-4-2005; 8-1-2019]
(3)
Variances. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, the Zoning Board of Appeals shall have the power, in passing upon appeals, to vary or modify the application of any of the regulations or provisions of this chapter relating to the use, construction or alteration of buildings or structures or the use of land, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. Any variances to an existing PUDD, such as, but not limited to, adding other uses, shall be made by application to the Town Board and shall follow the PUDD approval process as outlined in the PUDD regulations contained in Article XXI of this chapter.
[Amended 9-6-2007]
(4)
Procedure. The Zoning Board of Appeals shall act in strict accordance with the procedure specified by law and by this chapter. All appeals and applications made to the Board shall be in writing on forms prescribed by the Board. Every appeal or application shall refer to the specific provisions of the ordinance involved and shall exactly define the interpretation that is claimed, the use for which the special use permit is sought or the details of the variance that should be granted, as the case may be. Before the date of the hearing required by law on an application or appeal to the Zoning Board of Appeals (except for residential area variances and residential special use permits), the Secretary of said Board shall present to the Planning Board a copy of the notice of the aforesaid hearing and shall request that the Planning Board submit to the Board of Appeals a report of its advisory opinion on said application or appeal within 30 days of notification. Upon failure to submit such report, the Planning Board shall be considered to have approved the application or appeal.
[Amended 11-7-2002; 8-1-2019]
C.
Alternate members.
[Added 2-16-2005 by L.L. No. 2-2005]
(1)
Pursuant to § 267, Subdivision 11 of the Town Law, a town may enact a local law to expand the conditions under which alternate members of the Zoning Board of Appeals and the Planning Board may serve.
(a)
A Town Board may by local law or ordinance or as part of the local law or ordinance creating the Zoning Board of Appeals and the Planning Board establish alternate member positions for purpose of substituting for a member in the event such member is absent, ill or unable to participate because of conflict of interest. Alternate members shall be appointed by resolution of the Town Board, for terms established by the Town Board.
(b)
The Chairperson of the Zoning Board of Appeals and the Planning Board may designate an alternate member to substitute for a member when such member is absent, ill or unable to participate because of a conflict of interest on an application or matter before the Board. When so designated, the alternate member shall possess all the powers and responsibilities of such member of the Board. Such designation shall be entered into the minutes of the initial Zoning Board of Appeals and Planning Board meeting at which the substitution is made.
(c)
All provisions of this section relating to Zoning Board of Appeals and Planning Board member training and continuing education, attendance, conflict of interest, compensation, eligibility, vacancy in office, removal and service on the other boards, shall also apply to alternate members.
(2)
This section would create two alternate positions for the Zoning Board of Appeals and two alternate positions for the Planning Board for a term of one year.
[Amended 6-7-2012 by L.L. No. 2-2012]
§ 129-250 Special use permit classification.
[Amended 8-1-2019]
The issuance of special use permits for special permitted uses shall be determined as follows:
A.
B.
Residential special permitted uses shall be referred to the Zoning Board of Appeals and nonresidential special permitted uses shall be referred to the Planning Board for the issuance of a special use permit. The Zoning Board of Appeals, Town, and Planning Board shall follow the guidelines set forth in §§ 129-175 and 129-176.
§ 129-251 Penalties for offenses; complaints. [1]
A.
Any person who violates or causes to be violated any provision of this chapter shall be guilty of an offense and be punishable as follows:
(1)
For a first offense, by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both.
(2)
For a second offense, both of which were committed within a period of five years, by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both.
(3)
For a third or subsequent offense, all of which occurred within a period of five years, by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both.
B.
Each day's continued violation shall constitute a separate additional violation.
C.
Whenever a violation of this chapter occurs, any person may file a written and signed complaint in regard thereto. All such complaints shall be reported and filed with the Building Inspector, who shall properly record such complaint and immediately take appropriate corrective action.