[Amended 1-23-2012 by L.L. No. 3-2012]
Where an applicant, person, business firm or
corporate entity has received written notification that there is an
existing violation of the Zoning Law or other Town laws concerning
the premises, no permit of any type shall be issued, processed or
approved by the Town for said applicant until such violation is cleared
and removed to the satisfaction of the appropriate Town agency or
resolved by due legal process, except where said permit will correct
the existing violation.
No building shall be erected, moved, altered,
rebuilt or enlarged nor shall any land or building be used, designed
or arranged to be used for any purpose or any manner except in conformity
with all regulations, requirements and restrictions specified in this
chapter for the district in which such building or land is located.
In interpreting and complying with this chapter, the requirements contained herein are declared to be the minimum requirements necessary for the attainment of the purposes set forth in Article
I.
This chapter shall not be deemed to affect in
any manner whatsoever any easements, covenants or other agreements
between parties; provided, however, that where this chapter imposes
a greater or lesser restriction upon the use of buildings or land
or upon the erection, construction, establishment, movement, alteration
or enlargement of buildings than is imposed by other local laws, rules,
regulations, licenses, certificates or other authorizations or by
easements, covenant or agreements, the more restrictive requirement
shall prevail.
[Added 4-28-2003 by L.L. No. 5-2003]
A. Applicability. This section shall apply only to the
following types of sheds and small accessory structures constructed
or erected prior to January 1, 1997, without benefit of a building
permit and meeting the following criteria:
(1)
Sheds and small accessory structures having
a size of 100 square feet or less and that are:
(a)
Without electrical service;
(b)
Not located in a front yard; and
(c)
Not located in a water, sewer, storm sewer or
other utility easement; or
(2)
Sheds having a size from 101 square feet to
200 square feet or sheds with a size of 100 square feet or less with
electrical service and that are:
(a)
Not located in a front yard;
(b)
Not located in a water, sewer, storm sewer or
other utility easement; and
(c)
Located at least six feet from the rear or side
property line.
B. Amnesty. Such sheds and small accessory structures
shall be exempt from the side and rear setback requirements of the
Zoning Code except as stated above and shall be eligible for a certificate
of legal nonconformity issued by the Building Inspector, Zoning Administrator
or Fire Inspector upon registration of the shed or small accessory
structure with the Building Inspector and upon submission of the owner's
certification as hereinafter provided.
C. Registration of sheds. Unless a valid certificate
of occupancy exists for a shed or small accessory structure, as of
the date of this section, all property owners must register sheds
with the Building Inspector on or before December 31, 2003, and apply
for a certificate of legal nonconformity upon forms to be supplied
by the Office of the Building Inspector.
D. Owner certification. Any residential owner who registers
a shed erected prior to January 1, 1997, may obtain a certificate
of legal nonconformity for said shed or small accessory structure
upon submission of an owner's certification containing the following
information:
(1)
A three-inch-by-five-inch color photograph of
the shed or small accessory structure;
(2)
Proof that the shed or small accessory structure
was purchased and erected prior to January 1, 1997, or, in the absence
thereof, execution of an affidavit by the property owner and one other
disinterested party attesting under the penalties of perjury that
the shed had been erected and in place prior to January 1, 1997;
(3)
Confirmation that the shed or small accessory
structure is not located on a water, sewer, storm sewer or other utility
easement; and
(4)
For those sheds or small accessory structures
containing less than 100 square feet with electric service and for
all sheds or small accessory structures between 101 and 200 feet,
certification that the shed is at least six feet from the side and
rear property line.
(5)
For all sheds with electrical service, submission
of an electrical survey (certificate of compliance or equivalent)
must be supplied by a third party electrical inspector approved by
the Town Board. Note: It may be necessary to obtain a building permit
for the purposes of obtaining the third party electrical survey.
E. Certificate of legal nonconformity. Upon registration
of the shed or small accessory structure and the submission of an
owner's certification, the property owner will be entitled to a certificate
of legal nonconformity issued by the Building Inspector, Zoning Administrator
or Fire Inspector indicating that the shed or small accessory structure
is not in violation of any Building or Zoning Codes of the Town of
Wappinger.
F. Setback requirements for sheds not registered. Effective
with the adoption of this section, all setback requirements for sheds
and small accessory structures constructed prior to January 1, 1997,
but were not registered by December 31, 2003, and sheds and small
accessory structures constructed after January 1, 1997, shall comply
with the setback requirements set forth in the Schedule of Dimensional
Regulations - Residential Districts.
G. Enforcement; penalties.
(1)
This section shall be enforced by the Building
Inspector, Zoning Administrator or Fire Inspector of the Town of Wappinger.
(2)
Any person who fails to register a shed pursuant
to this section or who submits false information on a property owner's
certification shall be subject to a fine of up to $500.