Town of Greenwich, NY Article XV Zoning Compliance Certificates

[Added 9-6-2012 by L.L. No. 3-2012]

§ 190-105 Zoning compliance certificate.

A. No new use of a building or structure shall be undertaken, nor shall a sign subject to regulation by this chapter be erected, nor shall the use of a building or structure be changed, until a zoning compliance certificate has been issued by the Code Enforcement Officer. Additionally, no building, structure or sign shall be erected, added to or structurally altered until a building permit therefor has been issued by the Washington County Code Enforcement Officer and filed with the Code Enforcement Officer.

B. Submittal requirements. Application for a zoning compliance certificate shall be on a form approved by the Town.

C. Criteria for issuance of a zoning compliance certificate. The Code Enforcement Officer shall issue a zoning compliance certificate only if s/he determines the following:

(1) The new land use or development is a permitted use in the district in which it is located.

(2) The new land use or development meets the area, property line setback, bulk and height controls of this chapter, unless an area variance has been granted pursuant to Article XI hereof, or the land use or development and/or the structure(s) in which it is located is grandfathered.

(3) The new land use or development has received site plan or special use permit approval, if applicable. If such approval is subject to conditions to be met prior to the granting of a permit, all such conditions must be met prior to issuance of a zoning compliance certificate.

(4) If it is a nonpermissible use, a use variance has been granted pursuant to Article XI hereof. If the use variance is subject to conditions to be met prior to the granting of a permit, all such conditions must be met prior to issuance of a zoning compliance certificate.

(5) If it is a sign, such sign complies with the provisions of Article VIII hereof.

(6) If it is a home occupation, it complies with the provisions of Article IX, § 190-63 hereof.

D. Expiration of zoning compliance certificates. If a project for which a zoning compliance certificate has been issued is not under construction within one year after the issuance of such certificate, the certificate shall expire and the project may not thereafter be undertaken or continued unless such certificate has been renewed for an additional one-year period. A certificate may be renewed one time. After a certificate has expired, a new certificate must be applied for and issued in the same manner and subject to all provisions governing the initial application for the issuance of a certificate.

E. Change in use. When a structure, building or parcel changes in use, the owner shall be responsible for applying for a new zoning compliance certificate. The Code Enforcement Officer shall review any change in use to ensure that the requirements of this chapter are met.