§ 350-157 General.
The Code Enforcement Officer is hereby appointed by the Town Board as the designated approval authority as it pertains to the issuance of a certificate of zoning compliance. A certificate of zoning compliance shall be obtained by an owner who intends to construct, enlarge, move, demolish and/or structurally alter a building, sign and/or structure. In addition, such certificate shall be obtained by an owner who intends to change the use of a building, land and/or structure. Exemption(s):
A. The granting of an area variance(s) shall be equivalent to the issuance of a certificate of zoning compliance.
B. The granting of a building permit shall be equivalent to the issuance of a certificate of zoning compliance.
C. The granting of a special use permit shall be equivalent to the issuance of a certificate of zoning compliance.
D. The granting of a use variance(s) shall be equivalent to the issuance of a certificate of zoning compliance.
E. The installation of exempt signs.
F. The installation of landscaping.
G. The maintenance and/or repair of buildings, land, signs and/or structures.
H. The replacement of a sign face(s) at a sign.
§ 350-158 Emergency actions.
The application for a certificate of zoning compliance shall be submitted within a reasonable amount of time but no greater than 10 business days to the designated approval authority for any action that must be performed in an emergency situation.
§ 350-159 Multiple certificates for the same location.
When more than one certificate of zoning compliance is required for the same location, the designated approval authority is authorized to consolidate such certificates into a single certificate of zoning compliance, provided that each provision is listed in such certificate.
§ 350-160 Application.
An applicant applying for a certificate of zoning compliance shall submit a complete application to the designated approval authority, along with any applicable fee and payment of incurred costs. Such application shall be in writing on a form furnished by the Town for that purpose. At a minimum, such application shall contain all of the following:
A. The owner's name and address, and the owner's signed consent to the filing of this application;
B. Identify and describe the use and/or scope of work to be covered by the certificate of zoning compliance for which application is made;
C. Description of the land on which the proposed use and/or scope of work is to be done by legal description, address or similar description that will readily identify and definitely locate the proposed use or scope of work;
D. A site plan; and
E. Give such other data and information as required by the designated approval authority.
§ 350-161 Site plan.
A. The application for a certificate of zoning compliance shall be accompanied by a site plan showing the size and location of proposed scope of work as well as the distances from lot lines. The designated approval authority is authorized to waive or modify the requirement for a site plan when the application for certificate of zoning compliance is for an action where such plan is not warranted.
B. The owner is responsible to ensure that the work authorized by a certificate of zoning compliance is in compliance with the site plan. The designated approval authority does not perform inspections nor survey work as it pertains to the work authorized by a certificate of zoning compliance.
§ 350-162 Action on application.
A. General. The designated approval authority shall examine applications for a certificate of zoning compliance and amendments thereto within a reasonable time after filing. If the application or any attached documents do not conform to the requirements of this chapter, the designated approval authority shall reject such application in writing, stating the reasons for such rejection. If the designated approval authority is satisfied that the proposed use and/or scope of work conform to the requirements of this chapter, the designated approval authority shall issue a certificate of zoning compliance as soon as practicable.
B. Qualified consultants. The designated approval authority may refer an application for a certificate of zoning compliance and amendments thereto to a qualified consultant(s) for a recommendation of acceptability. The cost of such review shall be at the expense of the applicant.
§ 350-163 Amendments.
Uses and/or work shall be operated and/or installed in accordance with permitted action prescribed in the certificate of zoning compliance, and any changes that are not in compliance with such certificate shall be submitted as an amended application if such action is warranted by the designated approval authority. Such authority is authorized to waive the submission of an amended application when the change is:
A. De minimis revisions; or
B. Revisions requested by an AHJ to ensure compliance with its applicable regulations and/or provision of law; or
C. Revisions that comply with any applicable standard prescribed in this chapter.
§ 350-164 Conditions imposed upon a certificate of zoning compliance.
The designated approval authority may include in a certificate of zoning compliance such terms and conditions as he or she deems necessary or appropriate to ensure safety or to further the purposes and intent of this chapter.
§ 350-165 Validity of certificate of zoning compliance.
The issuance of a certificate of zoning compliance shall not be construed to be an approval of a violation of any of this chapter. Certificates presuming to give authority to violate or cancel the provisions of this chapter shall not be valid. The issuance of a Certificate of zoning compliance based on a submitted application and other data shall not prevent the designated approval authority from requiring the correction of errors in such application and/or data. The designated approval authority is also authorized to prevent occupancy of a structure or use of a land where it is in violation of this chapter.
§ 350-166 Expiration.
A certificate of zoning compliance shall not expire unless the use of land or scope of work proposed in the application is not operated or completed within one calendar year from the date of issuance. The designated approval authority is authorized to grant, in writing, one or more extensions of time, for periods not more than one calendar year each. The extension shall be requested by the owner and justifiable cause demonstrated.
§ 350-167 Transferable.
A certificate of zoning compliance is transferable due to the fact that such certificate "runs with the land" since it applies to a use and/or work at a lot of record, which is not contingent on ownership.
§ 350-168 Revocation.
The designated approval authority is authorized to revoke a certificate of zoning compliance issued under the provisions of this section when it is found by inspection or otherwise that there has been a false statement or misrepresentation as to the material facts in the application or documents on which such certificate was based, including, but not limited to, any one of the following:
A. The certificate of zoning compliance is used for a use or scope of work other than that for which it was issued.
B. Conditions and/or limitations set forth in the certificate of zoning compliance have been violated or not satisfied.
C. There have been any false statements or misrepresentations as to the material fact in the application for certificate of zoning compliance or any attached documents.
D. The owner failed, refused or neglected to comply with orders or notices duly served in accordance with the provisions of this chapter within the time provided therein.
E. The certificate of zoning compliance was issued in error or in violation of this chapter.
