In applying and interpreting this chapter, its provisions shall be held to be minimum requirements adopted for the promotion of the public health, safety, morals, comfort, convenience of the general welfare. The following specific regulations shall apply:
A. 
A minimum required lot or yard size for one building or structure shall not be used, in whole or in part, as any part of a required lot or yard for a second structure.
B. 
The required lot or yard for an existing building or structure shall not be diminished below the minimum requirements of this chapter.
C. 
The parking spaces required for one building or structure or use shall not be included in the computation of required parking spaces for a second building or structure or use.
D. 
Nothing contained in this chapter shall be taken to repeal, abrogate, annul or in any way impair or interfere with the Building Code or any rules or regulations adopted or issued thereunder or any other provisions of law or ordinance or regulation existing or as may be adopted in the future when not in conflict with any of the provisions of this chapter, nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that when this chapter imposes a greater restriction upon the use of buildings, structures, premises, lots or land or upon the height of buildings or structures or requires larger lots, yards, courts or other open spaces than imposed or required by such other provision of law, ordinance or regulation or by such easements, covenants or agreements, the provisions of this chapter shall control.
E. 
Wherever the provisions of any other law or ordinance or regulation impose a greater restriction than this chapter, the provisions of such other law or ordinance or regulation shall control.
F. 
No provision contained in this chapter shall be construed as justifying the encroachment of any building or structure within any street lines now or hereafter laid down on any subdivision plat filed in the office of the County Clerk or within any federal, state, county or town street or highway.
G. 
All zoning district boundaries shown as or within street or roadway rights-of-way shall be considered as the center line of said right-of-way. Where the Zoning Map indicates a depth of a district along a street or road right-of-way, the depth shall be measured at a right angle from said right-of-way or street line (also known as the "front property line").
A. 
All procedures with respect to applications for and issuance of building permits shall be in conformity with the provisions of the Building Code. All such applications shall be accompanied by such other information as may be necessary to determine and provide for the enforcement of this chapter.
B. 
No building permit shall be issued for the erection, construction, reconstruction, structural alteration, restoration, repair or moving of any building or structure or part thereof unless the plans and intended use indicate that such building or structure is designed and intended to conform in all respects to the provisions of this chapter and the Planning Board or the Board of Architectural Review has approved the design in accordance with other provisions of this chapter.
C. 
No building permit shall be issued where a lot or lots are formed from part of an existing lot, whether already improved or not, if the separation is effected in such a manner that any of the lots or any existing or proposed improvements thereon contravene the provision or intent of this chapter or of the subdivision regulations of the Village. No building permit shall be issued for a lot which was created after the date of adoption of this article in violation of the subdivision regulations of the Village Planning Board.
D. 
After the completion of footings and establishing of the forms on the first course of the foundation walls or equivalent structure, the owner shall notify the Building Inspector. If required by the Building Inspector, the owner shall cause a survey to be made by a licensed land surveyor showing the true location of such foundation walls with respect to the lot lines of the lot, and a copy of such survey shall be filed with the Building Inspector before construction is continued.
A. 
Nothing in this chapter shall require any change in the plans, construction or designated use of a building or structure for which a lawful building permit has been issued prior to the effective date of this chapter or any amendment thereto affecting such building or structure or the use thereof, provided that:
(1) 
The construction of such building or structure shall have been begun and diligently prosecuted within three months from the date of such permit.
(2) 
The entire building or structure shall be completed according to such filed and approved plans upon which the issuance of such permit was based within one year from the effective date of this chapter or any such amendment thereto.
B. 
In the event that either of the conditions in Subsection A(1) and (2) is not complied with, such building permit shall be revoked by the Building Inspector.
A. 
It shall be unlawful to use or to permit the use of any building, structure, premises, lot or land or part thereof hereafter erected or altered, enlarged or moved or put into use, in whole or in part, after the effective date of this chapter or of any building, structure, premises, lot or land or part thereof for which the use is changed until a certificate of occupancy has been obtained by the owner, as provided for under the Building Code.
B. 
No certificate of occupancy shall be issued for any building, structure, premises, lot or land unless the erection, construction, reconstruction, structural alteration, restoration, repair or moving of such building or structure or part thereof and the intended use thereof are in conformity in all respects with the provisions of this chapter.
C. 
The Building Inspector shall obtain a written order from the Board of Appeals before issuing a certificate of occupancy in a case involving a special exception use pursuant to Article VII and shall obtain a written order from the Board of Appeals before issuing a certificate of occupancy involving a variance from the provisions of this chapter pursuant to § 560-51.
D. 
No certificate of occupancy shall be issued unless all buildings, structures and units as shown on the building permit application are completed in whole and are complying in every respect with this chapter and the New York State Building Code, except that the Building and Zoning Administrator shall have the authority to issue a certificate of occupancy when a dimensional variance of not more than six inches is required due to improper siting of a building or a similar circumstance and when, in his sole discretion, such relief is warranted.
E. 
The Building Inspector may issue a certificate of compliance in place of and instead of a certificate of occupancy whenever he deems a certificate of compliance more appropriate than a certificate of occupancy; provided, however, that the procedure, prerequisites and fees for obtaining a certificate of compliance shall be the same as are applicable to a certificate of occupancy, and further provided that the term "certificate of occupancy," used in various places throughout this chapter, shall be deemed to include the term "certificate of compliance."
Fees for a building permit application and for issuance of building permits and certificates of occupancy shall be as provided in the legislation establishing the Building Code.
A. 
It shall be the duty of the Building Inspector to administer and enforce the provisions of this chapter.
B. 
Should said Building Inspector be in doubt as to the meaning or intent of any provision of this chapter or as to the location of any district boundary line on the Zoning Map or as to the propriety of issuing a building permit or a certificate of occupancy in a particular case related to the provisions of this chapter, he shall appeal the matter to the Board of Appeals for interpretation and decision without the requirement of any application fee.
C. 
The Building Inspector shall adopt rules of procedure consistent with this chapter for the purpose of assuring efficient and uniform administration of its provisions.
D. 
If the Building Inspector should mistakenly issue a building permit which violates the provisions of this chapter, that building permit shall be invalid.
E. 
Expiration and extension of building permits.
(1) 
Any building permit issued by the Building Department or the Building Inspector shall expire automatically on the 90th day after the date of issuance, unless work has been started within such ninety-day period.
(2) 
Any building permit issued by the Building Department or the Building Inspector shall expire automatically one year after the date of issuance, unless the entire building or structure has been completed in accordance with the filed and approved plans upon which the issuance of the original building permit was based within such one-year period.
(3) 
Upon good cause shown to the satisfaction of the Building Inspector, which good cause, at the discretion of the Building Inspector, shall include a situation deemed a hardship to the satisfaction of said Building Inspector, said Inspector is authorized to grant not more than two ninety-day extensions or a total of 180 days, except that no extension shall be granted unless the proposed construction conforms to the provisions of this chapter in effect at the time application for extension is made. Said extensions may only run consecutively and shall commence on the day following the expiration of the original permit or first extension thereof.
(4) 
Any permit holder may apply for an extension or additional extension as set forth in Subsection E(1), (2) or (3) of this section, provided that such application is made in writing, setting forth the reasons therefor. Any such application must be made, in writing, to the Building Department not later than 4:00 p.m. on the day before the permit or extension will expire. If the expiration of such permit or prior extension falls on a Sunday or legal holiday, such application for extension or further extension shall be filed with the Building Department before 4:00 p.m. on the last regular business day preceding said Sunday or legal holiday.
A. 
Notwithstanding any inconsistent provision of this chapter, the provisions of this chapter herein adopted or the provisions of a change or amendment hereafter adopted, which provisions establish or increase lot areas or lot dimensions greater than those of lots shown on a preliminary subdivision plat for residential use that has been duly tentatively or finally approved by the Planning Board, the record owner of such subdivision may petition the Village Board for relief, provided that such approval shall not have expired under the terms of the subdivision regulations.
B. 
The Village Board may grant such relief where it determines that:
(1) 
The owner has incurred substantial expenditures in improving the land involved or otherwise in reliance on such approval prior to the date of adoption of such change or amendment to this chapter.
(2) 
The character of the resulting development will be generally compatible with that of the district and with § 560-3 of this chapter.
A. 
The municipal legislative body may from time to time, on its own motion or on petition or on recommendation of the Planning Board, amend, supplement or repeal the regulations and provisions of this chapter, including the Zoning Map, after public notice and hearing in accordance with state law.
B. 
Petitions for amendments shall be submitted in quadruplicate to the Village Clerk with an application fee of $750.
C. 
Any petition for a change in the Zoning Map shall include the following:
(1) 
The name of the property owner.
(2) 
A map, accurately drawn to an appropriate scale, showing the proposed zone district boundary changes, property lines, the calculated areas affected, in acres or square feet, the street rights-of-way in the immediate vicinity and the lands and names of owners immediately adjacent to and extending within 200 feet of all boundaries of the property to be rezoned.
(3) 
A metes and bounds description of the proposed amendment.
(4) 
In the case of any petition for a change in the Zoning Map which is subject to review by the Suffolk County Planning Commission pursuant to §§ 239-1 and 239-m, Article 12-B, of the General Municipal Law, the petitioner shall comply with any and all additional requirements which said Commission may deem necessary.
D. 
Every proposed amendment, whether initiated by the legislative body or upon petition, shall be referred to the Planning Board for report. Within 60 days of the date of the Planning Board meeting at which referral is received, the Planning Board shall report its recommendation back to the Village Board. No action shall be taken by the Village Board until receipt of the Planning Board report or the expiration of the Planning Board review period, whichever comes first.
E. 
Planning Board report. The Planning Board, in its report to the Village Board, may recommend either approval of the proposed amendment, with or without modifications, or disapproval. In the event of a recommendation for disapproval, the Planning Board shall state in its report the reasons therefor.
F. 
Proposed amendments that must be referred to the Suffolk County Planning Commission under the provisions of §§ 239-l and 239-m of Article 12-B of the General Municipal Law shall be transmitted as soon as possible and, in any case, prior to the public hearing.
G. 
Village Board public hearing. Within 45 days of the date of Village Board receipt of the Planning Board's report and recommendation or the expiration of the Planning Board review period, whichever occurs first, the Village Board shall schedule and hold a public hearing on the amendment.
H. 
The Village Board shall require the petitioner to submit evidence that he has notified by certified mail, return receipt requested, all the property owners within 200 feet of all boundaries of the affected property, as shown on the latest Village tax roll.
I. 
The Village Board shall reserve decision of all zoning amendments or changes that must be referred to the Suffolk County Planning Commission until its report has been presented, provided that such report is presented within a period of 45 days after the Suffolk County Planning Commission receives such referral.
J. 
Village Board action. Within 45 days of the date of the close of the public hearing, the Village Board shall act either to approve, approve with modifications or disapprove the amendment. A copy of the resolution containing the Village Board's decisions shall be forwarded to the Planning Board and to the applicant. A copy shall also be placed on file in the office of the Village Clerk and, if in the form of an approval, the official copy of the Zoning Map shall be amended accordingly.
K. 
Upon adoption of a change in the Zoning Map pursuant to a petition, the petitioner shall cause a monument to be placed at one location on the property's street frontage and shall also file with the Village Clerk and the Building Inspector copies of an accurate survey description and drawing of the area affected by such amendment.
A. 
Violations. Where a violation of this chapter has been committed or shall exist, the owner and the agent or contractor of the building, structure or lot where such violation has been committed or shall exist, the lessee or tenant of the part of or of the entire building, structure or lot where such violation has been committed or shall exist, and the agent, architect, contractor or any other person who takes part or assists in such violation or who maintains any building, structure or lot in which any such violation shall exist shall be guilty of a violation of this chapter.
B. 
Criminal penalties. A violation of this chapter is hereby declared to be an offense, punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine of not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers in general, violations of this chapter shall be deemed misdemeanors, and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.
C. 
Administrative penalty.
(1) 
In addition to other remedies available, where a person has been found guilty of a violation of this chapter after trial or a plea of guilty, and the Building Inspector determines that the violation continues to exist 30 days after such conviction, the Building Inspector shall certify the violation in writing to all other local agencies responsible for the issuance of approvals and permits under this chapter. A copy of the certification shall be mailed to the owner of the property as listed on the most recent assessment roll on file in the Tax Assessor's office. However, failure to notify the property owner shall not have any effect on the validity of the certification.
(2) 
This certification shall include the location of the property by Suffolk County Tax Map number, the name of the individual or entity convicted of the violation and his or her relationship to the property and the nature of the violation.
(3) 
After receipt of the certification, no local board or agency shall accept, determine to be complete, or otherwise process a new application or issue any approval with respect to a pending application under this chapter for the subject property.
(4) 
Until the violation identified in the certification has been removed or corrected or the Building Inspector has determined that the illegality no longer exists by virtue of a valid approval having been obtained to permit the structure or use that was certified as a violation, any time periods contained in this chapter for action on an application shall be tolled for all purposes.
(5) 
This subsection shall not apply to an application brought to the appropriate local agency for an interpretation, variance, special use permit or change of zone to permit the structure or use which is the subject of the certification.
(6) 
After the violation has been removed or corrected or no longer exists by virtue of a valid approval having been obtained to permit the structure or use that was certified as a violation, the Building Inspector shall immediately rescind the certification and notify all boards and agencies that received the certification, in writing, that administrative review of applications on the property may be resumed.
D. 
In addition to other remedies provided by law, any appropriate action or proceeding, whether by legal process or otherwise, may be instituted or taken to prevent unlawful erection, construction, reconstruction, alteration, repair, conversion, moving, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of such building, structure or lot; or to prevent any illegal act, conduct, business or use in or about such premises.