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Town of Oyster Bay, NY
Nassau County
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Table of Contents
Table of Contents
[Amended 6-14-1977; 5-6-1980; 2-7-1984; 6-14-1988; 3-12-1991 by L.L. No. 1-1991; 2-4-1992; 1-4-2000 by L.L. No. 1-2000; 10-16-2012 by L.L. No. 3-2012; 6-26-2018 by L.L. No. 6-2018]
No building hereafter erected, enlarged, extended or altered shall be occupied or used, in whole or in part, until a certificate of occupancy, certifying that the building conforms to the approved plans and the requirements of this chapter and stating the purposes for which the building may be used in its several parts, and any special stipulations, shall have been issued by the Commissioner of the Department of Planning and Development or his or her designee and signed by him/her or his/her authorized assistant. If the occupancy or use of a building is not discontinued during the work of alteration, the occupancy or use of the building shall not continue for more than 30 days after completion of the alteration unless a certificate of occupancy shall have been issued.
When a building permit has been issued for work which does not require a certificate of occupancy, the building permit shall remain open until a certificate of completion has been issued after a final inspection.
The Commissioner of the Department of Planning and Development may promulgate rules and regulations for the issuance of temporary certificates of occupancy and conditional certificates of occupancy as may be necessary for the orderly and proper administration of this chapter. Such rules and regulations shall require, wherever appropriate, that an acceptable land survey prepared by a licensed land surveyor shall be filed prior to the issuance of a certificate of occupancy.
A. 
No change of occupancy or use shall be made in a building hereafter erected or altered that is not consistent with the last issued certificate of occupancy for such building unless a permit is secured. In case of an existing building, no change of occupancy that would bring it under some special provision of this chapter shall be made unless the Commissioner of the Department of Planning and Development, upon inspection, finds that the building conforms substantially to the provisions of this chapter with respect to the proposed new occupancy and use, and issues a certificate of occupancy therefor.
B. 
The reestablishment in a building, after a change of occupancy has been made, of a prior use that would not have been permitted in a new building of the same type of construction is prohibited. The change from a specifically prohibited use to another specifically prohibited use shall not be made.
C. 
The Commissioner of the Department of Planning and Development or his duly appointed designee may suspend or revoke, upon notice, a certificate of occupancy, certification of occupancy, certificate of completion or departmental approval issued under the provisions of this chapter in any case where there has been a false statement or misrepresentation as to a material fact in the application or plans and specifications on which the certificate, certification or approval was based.
The fee for any permit, certificate of occupancy, or certificate of completion issued under this article shall be in an amount as determined by the Commissioner of the Department of Planning and Development.