[Amended 3-7-1989 by L.L. No. 1-1989]
All applications for permits required by this
chapter shall be made to the Building Inspector in the manner prescribed
herein. The Building Inspector shall not issue any permit for any
building, structure, occupancy, work or use which permit does not
conform to the provisions of this chapter. In connection with the
issuance of any permit required by this chapter which requires the
issuance of a certificate upon completion of the work contemplated
by such permit, the Building Inspector shall charge, in addition to
other fees required by this chapter or any other chapter of the Village
Code, a refundable deposit in an amount equal to 50% of the fee charged
by the Building Inspector for the subject permit, but in no event
less than $500, in order to ensure the timely application for such
certificate. In default of such timely application for such certificate,
the deposit shall be forfeited to the Village.
[Amended 12-1-1964; 10-6-1992 by L.L. No. 8-1992]
It shall be unlawful for any person to commence
any work in connection with the following until after the issuance
of a zoning permit by the Building Inspector, as provided herein:
[Amended 10-6-1992 by L.L. No. 8-1992]
The fee for a zoning permit shall be as set forth in Chapter A132, Fees. The zoning permit fee shall be waived for the grading of land when such grading conforms to a grading plan which is duly approved by the Planning Board in connection with a subdivision plat. Fees for a zoning permit shall be submitted with the application for such permit.
[Amended 10-6-1992 by L.L. No. 8-1992]
Applications for zoning permits shall be made
in writing by the owner or his authorized agent and shall include
a statement of the use or intended use of the building, structure
or land and, in the case of land, the work proposed.
A.
Applications for zoning permits shall be accompanied
by a plot plan, in duplicate, drawn to scale, showing the location
and dimensions of the lot and existing buildings, structures and natural
features thereon and, where applicable, the existing shoreline and
any changes proposed thereof and the character and extent of and the
lines within which the proposed work is contemplated.
B.
The applicant also shall furnish such additional pertinent
information respecting the proposed use or work as may be necessary
to determine the propriety of the issuance of a zoning permit.
[Amended 1-22-1963; 12-1-1964; 10-6-1992 by L.L. No. 8-1992]
No zoning permit shall be issued until the Building
Inspector has found that the proposed use or work complies with the
following requirements:
A.
In the case of uses or work enumerated in § 129-7D and in § 129-33B and C, the Building Inspector shall refer the application and plans to the Village Engineer for review and report on the engineering aspects of the proposal, which reports shall be made within 30 days after receipt of the application. The Building Inspector shall then present the application and plans, together with his and the engineer's report thereon, to the Village Board of Trustees for consideration. Said Board may request the Planning Board to review and report upon such plans. After due consideration, the Village Board of Trustees may approve or disapprove the plans and application and may authorize the Building Inspector to issue a zoning permit therefor, subject to such conditions as said Board may impose.
B.
In the case of work enumerated under § 129-33A and subject to Subsection C hereinbelow, no permit shall be issued unless the Village Engineer has examined the plans and application therefor and said engineer has certified to the Building Inspector that:
(1)
The proposed work conforms to such Village engineering
standards as may have been approved by the Village Trustees as well
as applicable law and ordinances.
(2)
In appropriate cases, the proposed grading of
land conforms to a grading plan duly approved by the Planning Board
in connection with a subdivision plat.
(3)
The proposed work does not constitute any development
of a subdivision, as defined in the rules and regulations of the Planning
Board, heretofore disapproved or pending before the Planning Board.
(4)
Said work will not create undue hazard on the
land in question or on adjacent roads or property due to flooding,
drainage, soil erosion, silting or other conditions resulting from
disturbance of existing topography, ground cover or other natural
features or structures.
C.
Whenever the Village Engineer or Building Inspector determines that work enumerated under §129-33A will affect an area in excess of 1/2 acre or in excess of the immediate site of a proposed building to which such work is incidental or that such work may affect steep slope land or adjacent property or the Village Master Plan, the Building Inspector shall refer the plans and application to the Planning Board for review and report. In such cases, the Planning Board shall, upon application, consider, at a public hearing, among other things, the relation and conformity of the proposed work to the Master Plan and its effect upon the natural assets of the Village and on adjacent property. The Planning Board also shall consider: (1) the environmental impact of the proposed work; (2) the suitability of the proposed work for the area where it is proposed; (3) alternatives to the proposed work which would eliminate the need for the requested zoning permit or would reduce the potential impact of the proposed work; (4) the nature and extent of any mitigation proposed by the applicant; (5) other mitigation which would serve to reduce any potential adverse environmental impacts, including a reduction in the nature of the state of the proposed work; and (6) whether such work will tend to secure safety from fire, flood, erosion and other dangers; promote health, safety and general welfare; lower the water table and endanger the conservation, enhancement and protection of natural assets. In the case of an unfavorable report by the Planning Board, the Building Inspector shall not issue a permit.
[Amended 4-6-2010 by L.L. No. 1-2010]
[Amended 12-1-1964; 10-6-1992 by L.L. No. 8-1992]
[Amended 3-7-1989 by L.L. No. 1-1989; 10-6-1992 by L.L. No.
8-1992; 4-3-2007 by L.L. No. 1-2007]
A.
No building erected subject to the Uniform Code shall
be used or occupied, except to the extent authorized hereunder, until
a certificate of occupancy has been issued. No building similarly
enlarged, extended, or altered, or upon which work has been performed
which requires the issuance of a building permit shall be occupied
or used more than 30 days after the completion of the alteration or
work unless a certificate of occupancy has been issued.
B.
A nonconforming use permit shall be required prior
to the following:
(1)
Any change in the occupancy or use of a nonconforming use. No such occupancy, use or change of use shall take place until after the issuance of a nonconforming use permit, as provided by this chapter. A nonconforming use permit may also be issued to record the status of a nonconforming use (See § 129-75).
C.
All certificates of occupancy and nonconforming use
permits shall be issued by the Code Enforcement Officer.
[Amended 10-6-1992 by L.L. No. 8-1992]
A.
Application for a nonconforming use permit or a certificate of occupancy shall be made in writing by the owner or his authorized agent upon forms provided by the Building Inspector. An application for a certificate of occupancy shall be filed at the same time or prior to application for a building permit. The fee for a nonconforming use permit or a certificate of occupancy shall be as set forth in Chapter A132, Fees, and the fee for a certified copy of an approved permit previously issued shall be paid as set forth in Chapter A132, Fees, which shall be submitted with the application for such permit or copy thereof.
B.
Upon completion of construction or alteration of a
building and prior to a change in use of any land, the Building Inspector
shall review such certificate of application, inspect the premises
and thereafter, but within 10 days from date of receipt of written
application or request to inspect the premises, as the case may be,
grant or deny such certificate of occupancy. In the case the Building
Inspector shall decline to issue a certificate of occupancy, his reason
for doing so shall be stated upon the application and one copy thereof
returned to the applicant.
C.
A certificate of occupancy shall certify that the
work has been completed and that the building and/or proposed use
and occupancy conform to all provisions of this chapter, applicable
laws and regulations and shall specify the use or uses and the extent
thereof to which the building, structure or land may be put.
D.
In the case of a nonconforming use permit for the
purpose of recording the status of an existing nonconforming use,
the nonconforming use permit shall also state the character and extent
of each lawful conformity and nonconformity and the authority for
any nonconformity found upon inspection by the Building Inspector.
[Added 1-22-1963]
No building to be hereafter occupied or used
shall be occupied or used nor shall any certificate of occupancy be
issued unless there shall be filed with the Village Clerk a certificate
of approval that the construction and facilities made available for
the disposal of sewage or other putrescent organic wastes are and
have been installed in accordance with all applicable provisions of
this chapter.
In passing on an application for a permit, the
Building Inspector shall give consideration to the suitability of
land use and of the design and type of construction of the proposed
building or structure in relation to its district and to the immediate
neighborhood of its site; and if he shall deem such use, design or
construction or similarity of design in adjacent buildings to be so
markedly incongruous with the character of said neighborhood as to
be seriously detrimental to the value of adjacent or nearby property
or to involve exceptional risks of traffic congestion or public safety,
the Building Inspector shall refer the application to the Board of
Appeals. If said Board agrees with the opinion of the Building Inspector,
it shall order him to refuse the permit.
[1]
Editor's Note: Former § 129-110,
Lapse of permits, was repealed 4-3-2007 by L.L. No. 1-2007.
