A. 
No board, agency, officer or employee of the Village shall issue, grant or approve any permit, license, certificate, or other authorization, for any construction, reconstruction, alteration, enlargement, or moving of any building or structure, or for any use of land or building that would not be in full compliance with the provisions of this chapter. Any such permit, license, certificate, or other authorization issued, granted or approved in violation of the provisions of this chapter shall be null and void and of no effect, without the necessity of any proceedings or revocation or nullification thereof.
B. 
This chapter shall be enforced by the Building Inspector, the police or any other person duly authorized by the Board of Trustees who shall have the duty, and they are hereby given the authority, to enforce the provisions of this chapter.
C. 
The Building Inspector, the police or any other person authorized by the Board of Trustees shall have authority, as permitted and in full accordance with all lawful procedures, to enter any building or premises at any reasonable hour to discharge their duties and to issue appearance tickets for violations of this chapter.
A. 
No building or structure shall be erected, enlarged, altered or moved until a permit therefor has been issued by the Building Inspector. Except upon a written authorization of the Board of Appeals, under circumstances set forth in § 315-81B, no building permit or certificate of occupancy shall be issued for any building or structure where said construction, addition, alteration, moving, or use thereof would be in violation of any of the provisions of this chapter.
B. 
There shall be submitted with all applications for building permits, except those for signs, two copies of a layout or plot plan drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact size and location on the lot of the building and accessory buildings existing and the lines within which the building or structure shall be erected or altered, the existing and intended use of each building or part of the building, and such other information with regard to the lot and neighboring lots that may be necessary to determine and provide for the enforcement of this chapter. One copy of such plan shall be returned to the owner when such plans shall have been approved by the Building Inspector. All dimensions shown on this plan relating to the location and size of the lot to be built upon shall be based on an actual survey, and the lot shall be staked out on the ground before construction is started so that the Building Inspector may determine by measurement in the field that the yard requirements for the district in which the use is located have been met.
C. 
A building permit shall be void if construction is not started within a period of 12 months or not completed within a period of two years of the date of said permit.
D. 
No building permit shall be issued for a use listed in § 315-17 as subject to additional standards except in conformity with the procedure set forth in Article V, Uses Subject to Additional Standards: Procedures.
E. 
Any building, extension or alteration for which a permit has been duly granted, the construction of which has been started before the effective date of this chapter or of an amendment thereto, and the ground story framework of which, including the second tier of beams, has been completed within one year after the adoption of this chapter or amendment thereto, may be completed in accordance with plans on file with the Building Inspector, provided that such construction is diligently prosecuted and the building is completed within two years of the adoption of this chapter or an amendment thereto. If any of the requirements shall not have been fulfilled within the prescribed period, or if the building operations are discontinued for a period of six months, any other construction shall be in conformity with the provisions of this chapter.
F. 
Whenever the Village Board, by resolution, authorizes a public hearing on a proposed amendment to this chapter, and for a period of 60 days following the date of such resolution, no building or structure shall be erected, enlarged, or altered, and no permit shall be issued for the erection, enlargement or alteration of any building or structure or for the occupancy of any land or building in any manner that would be contrary to the provisions of the proposed amendment.
A. 
It shall be unlawful for an owner to use or permit the use of any building or premises, or part thereof, hereinafter created, erected, changed, converted or enlarged wholly or partly, in its use or structure, until a certificate of occupancy shall have been issued by the Building Inspector. Such certificate shall state that such building or premises, or part thereof, and the proposed use thereof are in complete conformity with the provisions of this chapter. It shall be the duty of the Building Inspector to issue a certificate of occupancy, provided that the building and the proposed use of the building or premises conform with all the requirements herein set forth. A certificate of occupancy shall be applied for coincident with an application for a building permit.
B. 
Under such rules and regulations as may be established by the Village Board, a temporary certificate of occupancy for part of a building may be issued.
C. 
A certificate of occupancy shall be deemed to authorize, and is required for both initial and continued occupancy and use of the building or land to which it applies, and shall continue in effect as long as such building and the use thereof or of such land is in full conformity with the provisions of this chapter and any requirements made pursuant thereto.
D. 
A copy of a certificate of occupancy shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building affected. Upon request from the owner, and by payment by him to the Village of a fee of $5, the Building Inspector shall issue a certificate of occupancy for any building or premises, certifying, after inspection, that the extent and kind of use and disposition conforms with the provisions of this chapter.
A. 
Any building or structure having been erected, enlarged or altered without a building permit, and for which an applicant now seeks a certificate of occupancy, may be entitled to a certificate of continued use provided that the structure conforms to all zoning, building code and other governmental approvals required at the time the building or structure was erected, enlarged or altered. This certificate of continued use shall be in lieu of a certificate of occupancy for the structure.
B. 
It shall be the duty of the Building Inspector to issue a certificate of continued use provided the use and location of the building or structure conformed with all the provisions of the Village Zoning Ordinance in effect at the time of its erection, enlargement or alteration. The applicant shall submit surveys, construction plans showing the building or structure as constructed, electrical underwriter certificates, and other governmental approvals required at the time of erection, enlargement or alteration, and any other document reasonably necessary for the Building Inspector to determine that such building or structure was built in conformance with all municipal requirements in place at the time of its erection, enlargement or alteration.
A. 
Violations and penalties.
(1) 
Any owner, lessee, contractor, agent or individual, whether a person, partnership or corporation, shall be guilty of an offense if he:
(a) 
Occupies, uses or maintains, or causes or permits to be occupied, used or maintained; or
(b) 
Erects, enlarges, alters or converts, or causes, or permits to be erected, enlarged, altered or converted any building, structure or part thereof or any land in the Village except in conformity with the provisions of this chapter or a decision of the Board of Zoning Appeals or Planning Board; or
(c) 
In any manner violates, or allows, causes, permits, takes part or assists in a violation of any provision of this chapter or of any regulation, order or ruling promulgated hereunder.
(2) 
A person convicted of an offense shall be guilty of a violation as defined in the Penal Law.
(3) 
A violation of two or more sections of this chapter, or provisions within a section, shall be separate and distinct offenses for which a fine may be levied.
(4) 
Each and every week a violation exists or continues shall constitute a separate and distinct violation conviction for which shall be an additional offense.
(5) 
Each violation of this chapter shall be punishable by:
(a) 
A fine not to exceed $350, or a term of imprisonment not to exceed five days, or both, for a conviction of a first offense.
(b) 
A fine not to exceed $700, but not less than $350, or a term imprisonment not to exceed 10 days, or both, for the conviction of a second offense both of which were committed within a five-year period.
(c) 
A fine not to exceed $1,000, but not less than $700, or a term of imprisonment not to exceed 15 days, or both, for the conviction of a third or subsequent offense, all of which were committed within a five-year period.
(6) 
If any person fails to abate any such violation of this chapter within five calendar days after written notice has been served personally upon said person, or within 10 days after written notice has been sent to said person by certified mail at said person's home or business address, said person shall be subject to a civil penalty of $250 for each and every day that said violation continues, recoverable by suit brought by the Village.
(7) 
Any violation of this chapter may be enjoined pursuant to law.
(8) 
The remedies provided for herein shall be cumulative, and shall be in addition to any other remedies provided by law, including injunctive relief.
B. 
Any building erected, constructed, altered, converted, enlarged, moved, or used contrary to any of the provisions of this chapter, and any use of any land or any building which is conducted, operated or maintained contrary to any of the provisions of this chapter, shall be and the same is hereby declared to be unlawful. The appropriate Village authorities may institute an action to prevent, enjoin, abate, or remove such erection, construction, alteration, enlargement, conversion or use in violation of any of the provisions of this chapter.
C. 
The remedies provided for herein are cumulative and not exclusive, and shall be in addition to any other remedies provided by law.
A. 
Organization. A Board of Appeals, as heretofore established by the Village Board, is hereby maintained.
B. 
Powers and duties.
(1) 
Meetings and procedures. The meetings and procedures of the Zoning Board of Appeals shall be governed by the provisions of the Village Law of the State of New York, as amended from time to time either by state or local action. The Zoning Board of Appeals shall have power from time to time to adopt, repeal and amend rules and regulations not inconsistent with law or the provisions of this chapter governing its procedure and the transaction of its business.
(2) 
Appellate jurisdiction. The Zoning Board of Appeals shall, pursuant to the Village Law of the State of New York, as amended from time to time by state or local action, hear and decide appeals from and review any order, requirements, decisions or determinations made by the Building Inspector, or other officer charged with the enforcement of this chapter, and hear and decide all matters specifically referred to it by the Planning Board or upon which it is required to pass under any local law or ordinance.
(3) 
Fees. Fees for applications to and deposits for reimbursement of incurred expenses for the Board of Appeals shall be as established from time to time by resolution of the Board of Trustees.
(4) 
Amendment of Village Law § 7-712. The following subsection of § 7-712 of the Village Law, as last amended by Chapter 80 of the Laws of 1983, are hereby amended in their application to their application to the Village of Lattingtown, New York, as follows:
[Amended 7-21-2022 by L.L. No. 1-2021]
7-712 Zoning Board of Appeals.
1.
Such Board of Trustees shall by resolution establish a Board of Appeals consisting of three or five members, one of whom shall be appointed Chairman, and another Deputy Chairman who shall act in the absence or inability of the Chairman, for a period of three years in the case of a three-member board, and for five years in the case of a five-member board. In addition, the Board of Trustees may appoint, for a one-year term, two alternate members to the Board of Appeals who shall be entitled to serve and function in the place and stead of a regular member on account of the absence or inability of a regular Board member to serve or function. The first appointments of members thereto shall be for terms so fixed that at least one will expire at the end of each official year commencing at the end of the current such year and continuing in succeeding years until the entire original appointment runs out. At the expiration of each original appointment the succeeding members shall be appointed for three-year terms in the case of a three-member board, and five-year terms in the case of a five-member board. No such term shall exceed five years. No person who is a member of the Village Board of Trustees shall be eligible for membership on such Board of Appeals. Any member of the Board may be removed by the Mayor for cause and after public hearing. All meetings of the Board of Appeals shall be held at the call of the Chairman and at such other times as such Board may determine. Such Chairman may administer oaths and compel the attendance of witnesses. Meetings of such Board shall be open to the public to the extent provided in Article 7 of the Public Officers Law. Such Board shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and question, and shall also keep records of its examinations and other official actions. Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Board shall immediately be filed in the office of the Board and with the Village Clerk and shall be a public record.
2.
Such Board of Appeals shall hear and decide appeals from and review any order, requirement, decision or determination made by an administrative official charged with the enforcement of any ordinances or local laws adopted pursuant to this article. It shall also hear and decide all matters referred to it upon which it is required to pass under any such local law or ordinance. The concurring vote of a majority of the Board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant any matter upon which it is required to pass under any such ordinance or local law or to effect any variation in such local law or ordinance. Such appeal may be taken by any person aggrieved, or by an officer, department, board or bureau of the Village.
a.
Such appeal shall be taken within such time as shall be prescribed by the Board of Appeals by general rule, by filing with the officer from whom the appeal is taken and with the Board of Appeals a notice of appeal, specifying the grounds thereof. The officer from who the appeal is taken shall forthwith transmit to the Board all of the papers constituting the record upon which the action appealed from was taken.
b.
An appeal stays all proceedings in furtherance of the action appealed from, except actions or proceedings pending in Village Court or any court of record, unless the officer from whom the appeal is taken certifies to the Board of Appeals after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would in his opinion, create a nuisance or cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown.
c.
The Board of Appeals shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the parties, and not less than 10 days prior to the hearing date publish such notice at least once in the official newspaper of the Village, or if there is no official newspaper designated, the newspaper designated by the Village Board of Trustees for such purposes, and decide the same within 62 days after the conclusion of the final hearing. Upon the hearing, any party may appear in person or by agent or by attorney. The Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises and to that end shall have all the powers of the officer from whom the appeal is taken. The Board of Appeals shall have the power in passing upon appeals, to vary or modify the application of any of the provisions of such local law or ordinance relating to the use, construction, or alteration of buildings or structures, or the use of land, pursuant to the standards of the Village Law, and so that the spirit of the local law or ordinance shall be observed, public safety and welfare secured and substantial justice done.
d.
The Board of Appeals may render its decision on any appeal or application in a short form format, setting forth the Board's determination and conditions, if any, without enumerating the findings which formed the basis for its determination. Any appellant, applicant, or person or persons, jointly or severally aggrieved by a decision of the Board, may within 30 days after the filing of the short form decision in the office of the Village Clerk, file a written demand with the Village Clerk requesting that the Board of Appeals render its decision in a long form format containing findings which formed the basis for the Board's determination. The Village Clerk shall promptly deliver this written demand to the Chairman, who, upon its approval by the Board, shall file it with the Village Clerk.
In cases where the Board renders a short form decision, and no written demand requesting a long form decision is filed within the required thirty-day period, the date of filing of the short form decision with the Village Clerk shall be deemed the date of the filing of the Board's decision for all purposes. In cases where the Board renders or is required to render a long form decision, the date of filing of the long form decision with the Clerk shall be deemed the date of filing of the Board's decision for all purposes.
3.
Any officer, department, board or bureau of the Village, with the approval of the Board of Trustees, or any person or persons, jointly or severally aggrieved by any decision of the Board of Appeals, may apply to the State Supreme Court for relief by a proceeding under Article 78 of the Civil Practice Law and Rules. It must be instituted within 30 days after the filing of a decision in the office of the Village Clerk. The Court may take evidence or appoint a referee to take such evidence as it may direct and report the same with his findings of fact and conclusions of law, if it shall appear that testimony is necessary for the proper disposition of the matter. The Court at Special Term shall itself dispose of the cause on the merits, determining all questions which may be presented for determination.
4.
Costs shall not be allowed against the Board, unless it shall appear to the Court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from.
5.
All issues in any proceeding under this section shall have preference over all other civil actions and proceedings.
(5) 
Permits for certain signs. In accordance with Article VII, Signs, of this chapter, the Board of Appeals may authorize the issuance of permits for certain signs in districts in which such signs are permitted.
(6) 
Conditions and safeguards. In all cases where the Board of Appeals authorizes the issuance of a building permit or occupancy permit under any of the above powers, it shall be the duty of said Board to impose such conditions and safeguards as may be required to protect the public health, safety, morals and general welfare.
C. 
Appeals: how taken to Board of Appeals. All appeals and applications to the Board of Appeals shall be taken in the manner prescribed by law and within such time as shall be prescribed by the Board of Appeals by general rule. All such appeals and applications shall be in writing on forms prescribed by the Board, and each appeal or application shall fully set forth the circumstances of the case. Every appeal or application shall refer to the specific provision of the ordinance involved and shall exactly set forth, as the case may be, the interpretation that is claimed, the details of the adjustment that is applied for, and the grounds for which it is claimed that the same should be granted or the use for which a permit is sought. Every decision of the Board of Appeals shall be recorded in accordance with standard forms adopted by the Board, and shall fully set forth the circumstances of the case and the findings on which the decision was based.
(1) 
At all hearings before the Board of Zoning Appeals on Appeals and on applications, the minutes of the hearings shall be taken by a stenographic reporter, unless the same is waived by the Chairman or Acting Chairman of the Board of Zoning Appeals.
(2) 
The actual costs of advertising and mailing the notice of all hearings before the Board of Appeals on Appeals and on applications and the actual costs of taking minutes by a stenographic reporter at all such hearings shall be promptly paid to or for the Village by the appellant or the applicant.
D. 
Court review: how taken on Board of Appeals actions. Any person or persons jointly or severally aggrieved by any decision of the Board of Appeals or any officer, department board or bureau of the Village may apply to the Supreme Court for relief in the manner provided for by law.
A. 
Permit for use subject to additional standards, site plan of development, and other applications. Applicants for the issuance of a permit by the Building Inspector for a use subject to additional standards, site plan of development approval by the Planning Board, or application to the Board of Appeals, shall pay to the Village fees as shall be required by Chapter 145, Fees and Deposits, of the Code of the Village of Lattingtown.