Town of Babylon, NY
Suffolk County

§ 213-17 Enforcement; permit fee.

[Amended 7-20-1999 by L.L. No. 8-1999; 2-24-2004 by L.L. No. 4-2004]
A. 
It shall be unlawful to own, occupy, lease, let or use a building, structure, accessory building or accessory structure that has been constructed, erected, modified or altered unless a permit authorizing the same shall have been issued by the Building Inspector. There shall be a rebuttable presumption that a building, structure, accessory building or accessory structure has been constructed, erected, modified or altered where the building, structure, accessory building or accessory structure does not conform to the approved set of plans on file with the Town of Babylon.
[Amended 5-9-2006 by L.L. No. 14-2006]
(1) 
Any person who shall obtain a building permit shall be in violation of this section if said building permit expires before the completion of all of the work for which the permit was issued. It shall be an affirmative defense that said building permit was renewed, surrendered to the Building Inspector or expired without any work being performed pursuant to said permit.
(2) 
Any person who shall obtain a building permit shall be in violation of this section if said building permit expires before the issuance of a certificate of occupancy for work performed pursuant to said building permit, if such work requires the issuance of a certificate of occupancy.
B. 
A fee shall be charged for every permit issued. The amount of such fee shall be as may be determined from time to time by the Town Board and, commencing February 1, 2000, shall be doubled for every permit application filed after the work which is the subject of the permit has been commenced.

§ 213-18 Expiration of building permit.

[Amended 3-3-1998 by L.L. No. 3-1998; 7-20-1999 by L.L. No. 9-1999; 2-24-2004 by L.L. No. 4-2004]
Each and every permit issued by the Building Inspector under the provisions of this chapter shall expire and become null and void at the expiration of 180 days from the date of issuance, unless, within such period, an extension of such permit has been duly obtained from the Building Inspector. The provisions of this section shall apply to any such extension.

§ 213-19 Extension of building permit.

[Amended 4-24-2001 by L.L. No. 5-2001; 5-7-2002 by L.L. No. 6-2002]
A. 
The Building Inspector is hereby authorized to grant more than one extension of any permit; provided, however, that the applicant shall submit proof of his inability to complete the existing building or structure within the time limit. For each extension the fee shall be half the original fee.
B. 
For all additional extensions, the fee shall be half of the original fee. However, a maximum of two renewal fees shall be collected for extensions of residential building permits.

§ 213-20 Certificate of occupancy.

A. 
No land shall be occupied or used and no building hereafter erected or altered shall be occupied or used in whole or in part for any purpose whatsoever except for the alteration of or addition to a dwelling until a certificate of occupancy shall have been issued by the Building Inspector stating that the premises or building complies with all the provisions of this chapter. No change or extension of use and no alteration shall be made in a nonconforming use of premises without a certificate of occupancy having first been issued by the Building Inspector that such change, extension or alteration is in conformity with the provisions of this chapter.
B. 
A certificate of occupancy shall be applied for at the same time that the building permit is applied for and shall be issued within 10 days after the erection or alteration of the building shall have been completed.
C. 
A record of all certificates shall be kept on file in the office of the Building Inspector, and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building affected.
D. 
No permit for excavation shall be issued before application has been made for a certificate of occupancy.
E. 
No building or premises for which a certificate of occupancy is required may be occupied until such a certificate shall have been issued.

§ 213-21 Fee for certificate of occupancy.

A fee shall be charged for every certificate of occupancy issued. The amount of such fee shall be determined from time to time by the Town Board.

§ 213-22 Continuation of legal nonconforming use.

[Added 6-7-1977]
A. 
The term "legal nonconforming use," as used in this article, shall mean any nonconforming use which, at the time such use was commenced, was maintainable as a master of right under the statutes, ordinances and general rules of law then in effect in the Town of Babylon.
B. 
Any legal nonconforming use may be continued; provided, however, that a legal nonconforming use shall not be abandoned or changed unless changed to a conforming use. A legal nonconforming use, if changed to a conforming use, may not be thereafter changed to any nonconforming use.

§ 213-23 Extension of legal nonconforming use.

[Added 6-7-1977]
A. 
No legal nonconforming use may be extended, except as provided in this section. In any building wherein the legal nonconforming use occupies more than 50% of the floor area, then the legal nonconforming use may be extended to the entire floor area.
B. 
A building arranged, designed or devoted to a nonconforming use at the time of the adoption of this section may not be reconstructed or structurally altered to an extent exceeding in aggregate 25% of the ground area of the building, unless the use of said building is changed to a conforming use, notwithstanding the provisions of Subsection A of this section. A nonconforming use of land may not be extended in the aggregate more than 25% of the area occupied at the time of the adoption of this section.

§ 213-24 Board of Review.

[Added 6-7-1977]
There is established a Board of Review to hear applications by property owners claiming legal nonconforming use. This Board shall consist of three members. The Town Board, the Town Attorney and the Chief Inspector of the Town of Babylon shall each designate one representative to be the members of this Board.

§ 213-25 Application for certificate of occupancy for legal nonconforming use of single-family dwellings and/or additions.

[Added 6-7-1977; amended 4-18-1978; 11-4-1987]
A. 
There shall be submitted to said Board by every applicant four copies of a current survey of the property, a letter from the Office of the Assessor of the Town of Babylon stating that the building existed on the tax rolls prior to whatever zoning the use predates and an affidavit or affidavits from parties other than individuals related to the applicant-owner stating the evidentiary facts which claim to establish such use as a legal nonconforming use.
B. 
Upon the evidence submitted, the Board of Review shall make a determination, in writing, confirming or denying that such use is a legal nonconforming use and shall further state those facts which this Board finds has established such use.

§ 213-26 Application for certificate of occupancy for legal nonconforming use for two-family dwellings, multiple residences and nonpermitted uses.

[Added 6-7-1977; amended 11-4-1987]
A. 
There shall be submitted to said Board by every applicant four copies of a current survey of the property, a letter from the Office of the Assessor of the Town of Babylon stating that the building existed on the tax rolls prior to whatever zoning the use predates and an affidavit or affidavits from parties other than individuals related to the applicant-owner stating the evidentiary facts which claim to establish such use as a legal nonconforming use.
B. 
The Department of Planning and Development shall prepare for the Review Board a radius map depicting the affected premises and all premises situated within 200 feet of the affected premises, and that shall be a charge to the applicant for maps used by the Department. Stated on a form shall be a listing of the affected property owners and such additional information as shall identify each property owner to the premises which he or she may own. The property owners to be so notified are those appearing on the form provided to the applicant by the Department of Planning and Development.
C. 
After receiving the list of property owners, the applicant shall send the notice of said application to the owner or owners of real property situated within 200 feet of the real property which is the subject of such application. Such notice shall be on a form prescribed by the Board of Review and shall be mailed to such property owners by certified mail, return receipt requested, not less than 17 days in advance of the date upon which this Board shall hear and consider the application. Prior to such hearing, the applicant shall file with the Board of Review all of the return receipts, together with a radius map, in two copies, depicting the affected premises and all premises situated within 200 feet of the affected premises. Stated on the radius map or upon an attached paper shall be a listing of the affected property owners and such additional information as shall identify each property owner to the premises which he or she may own. The property owners to be so notified are those appearing on the current tax rolls of the Town of Babylon, except that, if the applicant shall have personal knowledge that any such property has been conveyed to a new owner, such notice shall be sent to the new owner, and the applicant shall so advise the Board of Review, in writing, of the change of ownership.
D. 
The Board of Review shall hold a public hearing at which the applicant and persons who have submitted affidavits shall appear before this Board. The burden of proof shall be upon the applicant to show that such use existed before the applicable Zoning Ordinance and that such use has not lapsed.
E. 
Upon the evidence submitted, the Board of Review shall make a determination, in writing, confirming or denying that such use is a legal nonconforming use and shall further state those facts which this Board finds have established such use.

§ 213-27 Issuance of certificate of occupancy for legal nonconforming use.

[Added 6-7-1977]
Upon confirmation by the Board of Review of any legal nonconforming use pursuant to this article, a Building Inspector or other persons charged with the issuance of certificates of occupancy and/or certificates of compliance shall issue to the applicant a certificate of occupancy with an endorsement thereon specifying the legal nonconforming use found by the Board of Review, and such certificate shall constitute presumptive evidence that such use is a legal nonconforming use in any action or proceeding brought to enforce this Code.