No building, structure or land shall hereafter be used and no
building, structure or part thereof shall be erected, moved or altered,
unless for a use expressly permitted by and in conformity with the
regulations herein specified to the district in which it is located,
except as hereinafter provided.
[Added 3-10-2011 by L.L. No. 1-2011]
A. No application for a subdivision, site plan, special use permit or
variance pursuant to this chapter will be deemed complete for purposes
of commencing review of the same by the applicable board for any premises
or property upon which there is an existing violation of this chapter
or of any Town, county or state law or regulation governing the building
construction, development or the use of land, buildings and structures
within the Town of North East.
B. No building permit, certificate of occupancy or certificate of compliance
shall be issued by the Zoning Enforcement Officer or Code Enforcement
Officer for any premises or property on which there is an existing
violation of this chapter or any Town, county or state law or regulation
governing the building construction, development or the use of land,
buildings and structures within the Town of North East.
C. For purposes of this section, a premises or property shall be deemed to be in violation of this chapter where a stop-work order, notice of violation, order to remedy violation or similar notice or order has been issued by the Town's Code Enforcement Officer and/or Zoning Enforcement Officer in accordance with the provisions of the Town of North East Code or where the Zoning Enforcement Officer, Code Enforcement Officer or the Town of North East has filed a criminal or civil action in a court of competent jurisdiction and the violation which is the subject of the order, notice or legal action has not been remedied by the property owner. In the event the automatic stay provisions of §
180-102 of the Town of North East Code, or § 267-a(6) of the Town Law, are invoked by timely appeal of any such order or notice to the Zoning Board of Appeals, the applicable board can deem the application complete for purposes of commencing review but no final approval shall be granted by the board until such time as the Zoning Board of Appeals has reversed the determination of the officer or the violation has been remedied. In the event the application is for a building permit and the automatic stay provisions, as described herein, are in effect the officer may issue the building permit, but no certificate of occupancy shall be issued until such time as the determination of the officer is reversed by the Zoning Board of Appeals or the violation is remedied. For purposes of this provision, remedy of a violation shall be deemed to have occurred when the officer who issued the order or notice has inspected the property and has notified the property owner in writing that the violation has been satisfactorily remedied.