TOWN OF
PLANNING &
ZONING DEPARTMET
FREQUENTLY
ASKED QUESTIONS
1.
What is a Zoning Permit:
A zoning
permit is a permit that includes building permits, but also includes
authorization of a use and several others.
If somebody is planning on doing something new or changing the way a
property is used, a zoning permit is required to ensure that, whatever the
proposed change, it is allowed in that particular zone. Zoning permits are also
used to track other information as well.
2.
When do I need a building
permit:
A building
permit is required for most all-outdoor development. Outdoor development can range from a house to
storage sheds to
swimming pools. It is a
good idea to always ask first. This requirement includes not only permanent
structures but temporary as well.
3.
What happens if I don’t get
proper permits:
Penalties for
not obtaining proper permits vary.
However, the most signifigant problem that is
likely to occur is hampered efforts by a property owner in a financial
transaction of their property. This
includes the sale of a property and even refinancing. It is certainly in everyone’s best interest
to obtain proper permits.
4.
What is a certificate of
occupancy:
We issued two
types of certificate of occupancies (CO).
The first kind is the only one required by town zoning. After completion of a project that requires a
zoning permit, a certificate of occupancy must be issued. If a certificate of occupancy is not issued in this case, the project will be in
violation. The second type is what we
call a “Bianchi” certificate of occupancy.
This CO is named after a 1997 Supreme Court
decision that said land use violations were encumbrances (clouds) on title to a
property. After much uncertainty and
legislative action, many banks and attorneys require these “Bianchi” CO’s, that
we offer as a service, before closing on a property transaction.
5.
How long does it take to get
a zoning permit:
It usually
takes around five days for the Zoning Administrator to turn around a zoning
permit application. On the date of
approval, by the Zoning Administrator of a zoning permit, it is not a valid
permit. The permit will not become valid
until the required 15-day appeal period has passed. Consequently, a zoning permit may not be
valid for up to three weeks after submission.
It is a good idea to get your permit applications in early if you have a
project in mind.
6.
Do all permits have an
appeal period:
No, all permits that the Town of
7.
Why is an appeal period
required:
Appeal periods
are required to allow “interested parties”, that may
have concerns about a proposed project, to inquire about the project and if
they feel justified, file an appeal.
This action would put the proposed project on hold until the appeal can be heard. The appeal
must be based on the belief that something in the
town’s ordinances or state statute is being violated.
8.
Are there other approvals
that have appeal periods:
Yes, in fact,
decisions of both the Zoning Board of Adjustment (ZBA) and the Planning
Commission have appeal periods.
Decisions rendered by either one of these boards are not valid until
30-days has passed without a legal appeal being filed.
9.
Who hears appeals:
Appeals of a zoning permit are heard by the Zoning Board of Adjustment. Appeals of
decision by the Zoning Board of Adjustment or the Planning Commission are heard
by the State of