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Yates Town City Zoning Code

ARTICLE III

Permits and Procedures

§ 240-15 Permits required.

A. 
No building or structure shall be erected, enlarged, structurally altered or moved, no new use shall be established, and no building permit shall be granted pursuant to the Codes of New York State, until a zoning permit therefor has been issued by the Code Enforcement Officer. No alterations to an existing building shall be made without a zoning permit, unless such alterations are exempt from a building permit pursuant to the Codes of New York State. No zoning permit, nor any certificate of occupancy or compliance pursuant to the Codes of New York State, shall be issued for any building where said construction, addition, alteration, moving or use thereof would be in violation of any of the provisions of this chapter, or where any necessary Town Planning Board subdivision approval has not been granted.
B. 
Permit applications shall be filed with the Code Enforcement Officer.

§ 240-16 Preapplication conference.

Preapplication conferences with the Town's Planning Board are encouraged for all applications seeking permits for uses that may require a special use permit and/or site plan review (most nonresidential uses or nonfarm uses.)

§ 240-17 Application procedure and required information.

A. 
Applications forms; applications for actions in LWDP areas.
(1) 
Application for a zoning permit shall be made with the Code Enforcement Officer on forms approved by the Town Board. Forms shall be made available at the offices of the Code Enforcement Officer and the Town Clerk.
(2) 
For proposed actions that are located within the Town's Local Waterfront Development Policy (LWDP) area, applications for permits shall be reviewed by the Planning Board in accordance with the approved LWDP and any amendments thereto, to ensure unified development, enhance water-related uses, preserve public access to the waterfront and promote the overall improvement of the waterfront and its attractiveness. A certificate of consistency with the LWDP will be issued by the Planning Board prior to the issuance of a permit.
B. 
Information. All information on the application form shall be completed.
C. 
Map required. One copy of a property map shall be submitted with all applications. The map shall be either:
(1) 
Sketch map. A sketch map is required with all applications for a zoning permit for one or two-family dwellings, their customary accessory uses, or farm use. The sketch map shall be drawn to scale and show the dimensions and location of the lot, exact size and location of all existing and proposed buildings on the lot, proposed location of water and sewage disposal systems, parking areas and driveway location, natural watercourses, ponds, surface drainage patterns or location of existing or proposed easements.
(2) 
Site plan. A site plan is required with applications for all other uses, including application for residential uses in a historic zone. The requirements and procedures for site plan approval are in Article X.
D. 
Approval of water and sewage disposal systems. Evidence of approval of the water supply and the sewage disposal system plans by the Orleans County Health Department or its agent, or design plans signed by a licensed engineer, shall be submitted at the time of application. Applications lacking such information shall not be accepted.
E. 
Approval of the County Highway Superintendent or Town Highway Superintendent is required for any driveway pipes or culverts on county or Town roads.
F. 
Evidence of property ownership or intent to purchase. Copies of deeds, titles, purchase agreements, or other proof of ownership or intent to purchase shall be attached to an application before it will be accepted.
G. 
Licenses. Any use currently licensed by federal, state, county or Town agencies and already operating within the Town shall present evidence of currently valid licenses before any expansion permits are considered.
H. 
Fee. The appropriate nonrefundable fee established by the Town Board in its fee structure shall be collected at the time of application. This fee structure shall be filed and posted at the offices of the Town Clerk and the Code Enforcement Officer.

§ 240-18 Zoning permit types.

Under the terms of this chapter, the following types of zoning permits may be issued:
A. 
Permitted use. A zoning permit for a permitted use may be issued by the Code Enforcement Officer on his own authority.
B. 
Site plan approval. A zoning permit for a permitted or special permit use that requires site plan review may be issued by the Code Enforcement Officer after special permit and/or site plan approval from the planning board, as more fully described in Article X.
C. 
Zoning permit after a request for variance. A zoning permit for a use or structure which requires a variance may be issued by the Code Enforcement Officer upon order of the Zoning Board of Appeals, after a public hearing, as more fully described in Article VIII.

§ 240-19 Zoning permit granted.

When all requirements of this chapter have been met, the Code Enforcement Officer shall issue a zoning permit and return one approved copy of the map to the applicant no later than five days after approval. The Code Enforcement Officer shall file one copy of the approved permit in the Town Clerk's office.

§ 240-20 Termination of permit.

A. 
Any zoning permit for which construction or use has not commenced within one year after issuance shall be automatically revoked.
B. 
The Code Enforcement Officer may grant an extension for time of completion. Unless such an extension is requested and approved, further work as described in the canceled permit shall not proceed until a new permit has been obtained.
C. 
If a project is not initiated within six months of the issuance of the extension, the permit issued shall be considered null and void.

§ 240-21 Certificate of zoning compliance.

A. 
The applicant shall notify the Code Enforcement Officer when the structure or use is ready for final inspection. The Code Enforcement Officer shall then make a final inspection. If satisfied that the regulations pertaining to the project have been complied with and that the project has been completed as specified on the approved application, the Code Enforcement Officer shall issue a certificate of zoning compliance granting permission to occupy or use the structure. Permission to occupy a building or structure also requires approval from the Code Enforcement Officer.
B. 
The certificate of zoning compliance may be issued at the same time, and may be administered using the same form as, the certificate of occupancy or compliance issued pursuant to the codes of New York State.

§ 240-22 Floodplain certificate.

The applicant shall notify the Code Enforcement Officer for inspection. The applicant shall comply with local flood hazard law[1] before any permit(s) are approved.
[1]
Editor's Note: See Ch. 139, Flood Damage Prevention.

§ 240-23 Stop-work order.

A stop-work order may be issued when the Code Enforcement Officer discovers a project commencing without required permits. A fee will be charged for the removal of any structure erected without the proper permit's stop-work order.