Town/Village of Mount Kisco, NY Article VII Administration and Enforcement

§ 110-36 Duties of the Building Inspector.

A. This chapter shall be administered and enforced by the Building Inspector and by duly authorized representatives. The Building Inspector shall be required to administer and enforce all provisions of this chapter literally.

B. The Building Inspector shall have the right to enter any building or land at any reasonable hour in the course of his/her duties, subject to applicable statutory and constitutional limitations. The Building Inspector shall maintain files of all applications for permits and plans submitted therewith and for certificates of occupancy. The Building Inspector shall also maintain records of all permits and certificates of occupancy issued, which files and records shall be open to public inspection.

C. Said Building Inspector shall keep a record of every identifiable complaint of a violation of any of the provisions of this chapter and of the action taken consequent to each such complaint. Said record shall be open to the public.

D. No building permit, change of use permit, certificate of occupancy, temporary certificate of occupancy or other authorization for any construction, reconstruction, alteration or enlargement of a building, structure or use or the moving of a building or structure from one site to another shall be issued by the Building Inspector unless the provisions of this chapter and all other statutes, laws, ordinances, rules and regulations affecting the property involved are fully complied with.

§ 110-37 Building permits.

No building in any district shall be erected, reconstructed or restored or structurally altered without a building permit.

A. Applications for building permits.

(1) Every application for a building permit shall be made on forms provided by the Building Inspector and shall be accompanied by such fee as may be prescribed from time to time. Except in the case of alterations of a building which do not affect the exterior thereof, such application shall be accompanied by a plot plan, drawn to scale, showing:

(a) A survey made by a licensed surveyor showing the actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected or of the lot on which it is situated if an existing building.

(b) The block and lot numbers as they appear on the Official Village Tax Map.

(c) The exact size, height and location on the lot of the proposed building or buildings or alterations of an existing building and the location on the lot of other existing buildings, if any, on the same lot.

(d) The location, nature and dimensions of all yards, access driveways, off-street parking, planting and screening and the distance between buildings.

(e) The existing and intended use of all buildings, existing or proposed, the use of land and the number of units of each proposed or existing use the building is designed to accommodate.

(f) Such topographic or other information with regard to the building lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this chapter.

(2) In the case of construction of accessory buildings or uses or in the case of alterations, restorations and reconstructions of principal uses, the Building Inspector may waive such of the requirements set forth in Subsection A(1) as he/she may deem to be superfluous.

B. The application and all supporting documentation shall be made in triplicate. On the issuance of a building permit, the Building Inspector shall return to the applicant one copy of all documents.

C. No building permit shall be issued for a building to be used or erected for any use in any district where such use of such building or the proposed use of any premises requires a special permit, unless and until said special permit has been granted. In instances where site plans require the approval of the Planning Board, a building permit shall be issued only for a building conforming to the approved site plan. In instances where a variance is required from the Zoning Board of Appeals, the building permit shall not be issued until said variance has been granted.

D. Within 30 days after all of the above requirements have been met, the Building Inspector shall either issue or deny said building permit.

§ 110-38 Change of use permits.

[Amended 12-28-2009 by L.L. No. 6-2009]

A. Notwithstanding the provisions of § 110-45 requiring site plan approval for all uses other than one- and two- family residences, where no physical alteration to the approved site development plan is proposed, a property owner or his duly authorized agent may apply for a change of use permit, as such term is defined in § 110-59 authorizing a change from one permitted use to another permitted use. Upon a written recommendation by the Building Inspector that such proposal, whether constituting a change in use classification or intensity of use of the premises, will not adversely affect the existing characteristics of the site in terms of traffic, traffic safety, pedestrian and vehicular access, parking, loading, deliveries, circulation, hours of operation, fire protection, noise, drainage, utilities, lighting, security or other Village services and will not, in any other way, result in a deleterious impact upon the character or environment of the surrounding area, the Planning Board Chairman may, in his or her discretionary review of compliance with the above standards, waive review by the Planning Board. In such event, an appropriate notation shall be made to the approved site plan of record by the Planning Board Chairman (with a copy of the plans/application being appended) whereupon the Building Inspector shall be authorized to issue permits and certificates as otherwise authorized by the Code. If such written finding is not made by the Building Inspector or if such waiver is not authorized by the Planning Board Chairman, then the application shall be referred to the Planning Board for a change of use permit and/or site plan amendment as provided in Subsection H below.

B. Referral to the Planning Board shall be mandatory under any of the following circumstances:

(1) A proposed land use would require a greater number of parking spaces than the preexisting use within such demised space, in accordance with the minimum parking requirements as set forth in § 110-28K hereof;

(2) Where the number or location of existing ingress, egress or delivery points is proposed to be modified, or where any tenant's access to such points is altered;

(3) There are changes proposed to the exterior of the building other than facade or aesthetic modifications, rooflines, roof mechanicals, or changes to the site other than signage;

(4) The proposed land use entails the merger of lots, special permits in accordance with the requirements of § 110-46, a change of use from residential to nonresidential or nonresidential to a residential use requiring site plan approval, a site which has no site plan of record, a use of vacant land not otherwise exempted by § 110-45A(2), entails any modification to existing building or development coverage or any other action requiring Planning Board approval;

(5) The site, at the time of application, is not in conformity with its last approved site plan of record, irrespective of whether the nonconformity constitutes a violation; or

(6) The proposed activity is on a site containing a preexisting nonconforming use which is not accompanied by the total elimination of the existing nonconforming use, or is on a site containing a noncomplying building or structure.

C. Application for a change of use permit shall be made to the Building Inspector. No change of use permit shall be issued unless the proposed use is in full conformity with all provisions of this chapter and all other applicable regulations. Once a change of use permit has been granted, the applicant shall still be required to secure a building permit in accordance with the provisions of § 110-37 hereof.

D. Every application for a change of use permit shall be accompanied by a plot plan, floor plan and/or site plan prepared in sufficient detail to clearly indicate the nature of the proposed change in use. Plans shall be drawn to scale and signed by the New York State licensed engineer or architect responsible for such drawing, showing the manner in which the land or building is proposed to be used. Such application and the accompanying plans should expressly identify any nonconformities, and noncompliance and identify whether any variances have been issued for any portion of the site.

E. Fourteen copies of a change of use permit application and all supporting documentation shall be submitted to the Planning Board Secretary. Upon the issuance of a change of use permit by the Planning Board, the Planning Board Secretary shall return to the applicant one copy of all filed documents and signed resolution.

F. No change of use permit shall be issued until all necessary approvals from the Planning Board, Architecture Review Board, and/or Zoning Board of Appeals are secured in accordance with the provisions of this chapter.

G. In the course of its review and approval of a change of use application hereunder, the Planning Board may require mitigation measures, including but not limited to landscaping, lighting, directional signage, dumpster and recycling bins with enclosures, snow accumulation areas, fire lanes and no parking zones, loading areas, sidewalks, additional parking and other site improvements the Planning Board deems to be in the interests of the public health, safety or general welfare. An such mitigation measures that the Planning Board may require should have some demonstrable connection with the anticipated impact of the proposed change of use.

H. If the proposed change of use results in a modification to the site plan of record, a site plan amendment shall also be required. This site plan amendment shall be reviewed in conjunction with the change of use permit.

I. No site plan amendment or change of use permit shall be required for minor alterations to build interiors provided that:

(1) The same is not inconsistent with any drawings, floor plans, building layouts, or other existing documents, permits or plans either constituting the site plan of record or relied upon in approving the site plan of record;

(2) The interior alteration does not constitute a change of use as such term is defined in § 110-59, and

(3) The alteration does not effect any site plan elements or compromise any site plan objectives authorized by Village Law § 7-725-a 2 and Village Code § 110-45.

J. The Planning Board Chairman shall issue a decision in writing whether or not to waive Planning Board review within 30 days of receiving a written recommendation from the Building Inspector as provided herein, with a copy of same being forwarded to the Planning Board. Failure of the Planning Board Chairman to render such decision within such period shall be deemed an authorization to waive Planning Board review. Any person aggrieved by a decision of the Planning Board Chairman may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules, in the same manner as review of determination of the Planning Board under Village Law § 7-740.

§ 110-39 Certificates of occupancy.

[Amended 11-19-1990 by L.L. No. 12-1990; 10-18-2004 by L.L. No. 5-2004]

A. The following shall be unlawful until a certificate of occupancy has been applied for and issued by the Building Inspector:

(1) Occupancy and use of a building or any portion of a building erected, reconstructed, restored, altered or moved or any change in use of an existing building.

(2) Occupancy, use or any change in use of land.

B. A certificate of occupancy shall be deemed to authorize and is required for both initial occupancy and the continued occupancy and use of the building or land to which it applies.

C. No certificate of occupancy shall be issued for any use requiring the granting of a special permit, variance or site plan approval unless and until such special permit, variance or site plan approval has been duly granted and all provisions of said approval are complied with.

D. Application for a certificate of occupancy for a new building or for an existing building which has been altered or added to shall be made after erection of such building or part thereof has been completed in conformity with the provisions of this chapter and all other applicable provisions. In the case of a new building, said application shall be accompanied by an as-built site plan or architectural survey, prepared by a licensed engineer or land surveyor, indicating the precise location of all structures, roads, parking areas, storm drains, catch basins, aboveground and underground utilities, including electric services, curbs, gutters and all other site features, as built. Said as-built drawing shall be prepared at a scale of one inch equals 50 feet on a topographic base with a datum deemed satisfactory by the Village Engineer. The certificate of occupancy shall be issued by the Building Inspector within 20 days after receipt of the properly completed application, but only provided that the application states that all requirements of all other applicable codes or laws in effect are complied with.

E. A temporary certificate of occupancy for a part of a building or alteration of a building may be issued for a period of not more than 90 days, provided that the safety of the occupants of the building and of adjacent buildings and land shall be adequately assured. Any application for a temporary certificate of occupancy shall be made to the Building Inspector. If the application is for a single- or two-family house, the Building Inspector shall make the determination and either issue or deny said certificate. If the application is for work being performed pursuant to subdivision, site plan, special use permit, wetlands permit or any other activity authorized by the Planning Board, then in such case the application shall be referred to the Planning Board, which shall assess the degree of progress and make appropriate recommendations prior to the Building Inspector's determination to issue or deny said certificate. Said temporary certificate of occupancy shall not be construed as in any way altering the respective rights, duties or obligations of the owner or of the Village respective to the use or occupancy of the land or building or any other matter covered by this chapter. Said temporary certificate of occupancy shall expire at the end of the ninety-day period specified on said temporary certificate. It may be renewed for two additional periods not to exceed 45 days each, subject to the same procedures set forth above.

F. Every application for a certificate of occupancy or a temporary certificate of occupancy shall be accompanied by a fee as set forth in the Village fee schedule.[1] Extensions of temporary certificates of occupancy shall also be accompanied by a fee as set forth in said schedule.

[1] Editor's Note: See Ch. A112, Fees.

G. Every certificate of occupancy shall state that the building or the proposed use of a building or land complies with all provisions of this chapter and of all other applicable codes or ordinances of the Village and, if applicable, with all provisions of any variance, special permit or site plan approval.

H. Upon written request by the owner and upon payment of a fee as described in Subsection F above, the Building Inspector shall, after inspection, issue a certificate of occupancy for any building or use thereof or of land existing at the time of the adoption of this chapter or any applicable amendment thereof, certifying such use (including, if applicable, the number of employees), whether or not the same and the building conform to the provisions of this chapter.

I. A record of all certificates of occupancy shall be kept in the office of the Building Inspector, and copies shall be furnished on request. Copies of certificates will be made available upon payment of a fee as set forth in the Village fee schedule.[2]

[2] Editor's Note: See Ch. A112, Fees.

J. The foregoing notwithstanding, no certificate of occupancy shall be required to engage in the temporary outdoor storage or sale of Christmas trees and related holiday decorations, provided that a license therefor has been obtained pursuant to Chapter 53 of this Code and such sale or storage is conducted in accordance with the terms of such license.

§ 110-40 Certificates of compliance.

A. Upon request, the Building Inspector shall issue a written certificate of compliance for any property, indicating whether the property and all structures situated thereon are in compliance with all applicable provisions of this chapter.

B. Each request for a certificate of compliance shall be accompanied by a fee as set forth in the Village fee schedule.[1]

[1] Editor's Note: See Ch. A112, Fees.

§ 110-41 Penalties for offenses.

[Amended 6-5-1989 by L.L. No.  6-1989]

A. Any person committing an offense against any provision of this chapter or violating any provision or requirement of any statement, site plan, application, permit or certificate approved under the provisions of this chapter shall be punishable as provided in § 1-17A of this Code.

[Amended 8-24-1992 by L.L. No. 9-1992]

B. The owner of premises shall be responsible for compliance with all of the requirements of this chapter, and it is no defense that the culpable action or failure to act may have been done by others. The foregoing notwithstanding, any person who commits or takes part or assists in a violation or who maintains any building or premises in which any such violation exists shall be guilty of a violation.

C. Written notice of any alleged violation of this chapter shall be given by mail or personal service to the record owner of the subject premises at least five days prior to the commencement of any proceeding to enforce any provision of this chapter; provided, however, that such notice shall not be required where in the judgment of the Building Inspector the alleged violation constitutes a threat to life, health or safety, in which case no such notice shall be required.

D. Each and every day that a violation continues shall constitute a separate offense.

E. Each of the provisions of this chapter is hereby readopted without substantive change by local law, pursuant to the Municipal Home Rule Law of the State of New York. The provisions of this chapter, and the provisions establishing penalties for violating this chapter set forth elsewhere in this Code, shall supersede the provisions of the Village Law to the extent that they are inconsistent therewith.

[Added 6-19-1995 by L.L. No. 4-1995]