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.
[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.
[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. Extensions of temporary certificates of occupancy shall
also be accompanied by a fee as set forth in said schedule.
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.
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.
[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]