[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.
[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.
[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.
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.
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.
[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.
[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.
[Added 6-7-1977; amended 10-20-2014 by L.L. No. 13-2014]
There is established a Board of Review, which
shall be known as the Legal Nonconforming Use Board, to hear applications
by property owners claiming legal nonconforming use. This Board shall
consist of three members. The Supervisor, the Town Attorney, and the
Commissioner of Planning and Development of the Town of Babylon shall
each designate one representative to be members of this Board.
[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.
[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.
[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.
