[Amended 2-11-1987 by L.L. No. 1-1987; 8-12-1987 by L.L. No.
4-1987]
[Amended 8-31-1999 by L.L. No. 3-1999]
The provisions of this chapter shall be administered and enforced by persons designated by the Village Board as the Zoning Inspector and Deputy Zoning Inspector, who shall have the power to make inspections of buildings or premises necessary to carry out their duties in the enforcement of this chapter. No building permit or certificate of occupancy required hereunder shall be issued by the Zoning Inspector or Deputy Zoning Inspector except in compliance with the provisions of this chapter or as directed by the Zoning Board of Appeals under the provisions of Article VII.
A.
The powers and duties of the Zoning Inspector shall
be to:
(1)
Examine and approve applications pertaining to the
use of land, buildings or structures when the applications conform
to the provisions of this chapter.
(2)
Issue all building permits and certificates of occupancy
and keep permanent records thereof.
(3)
Conduct such inspections of buildings, structures
and uses of land as are necessary to determine compliance with the
provisions of this chapter.
(4)
Receive, file and forward to appropriate action all
applications for special uses, variations, interpretations and amendments
to this chapter.
(5)
Maintain permanent and current records of this chapter,
including all maps, amendments, special uses and variances.
(6)
Collect, receipt and account for all fees chargeable
under the provisions of this chapter and pay all of the same into
the Village general fund.
(7)
Register all nonconforming uses.
B.
Deputy Zoning Inspector. The Deputy Zoning Inspector shall have all the powers of the Zoning Inspector as set forth in Subsection A(1) through (7), except that all building permits shall be issued by the Zoning Inspector. If the Zoning Inspector is unavailable, the Deputy Zoning Inspector shall be authorized to issue building permits. Reference to the Zoning Inspector in §§ 205-29 and 205-30 of this chapter shall be deemed to include the Deputy Zoning Inspector, subject to the limitations set forth in this subsection.
[Amended 9-26-1991 by L.L. No. 3-1991; 2-13-2002 by L.L. No. 1-2002; 9-14-2011 by L.L. No. 5-2011; 1-8-2014 by L.L. No. 1-2014]
A.
Building permits required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof, and the installation of a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit. No person shall commence any work for which a building permit is required without first having obtained a building permit from the Zoning Inspector.
B.
Exemptions. No building permit shall be required for work in any
of the following categories:
(1)
Construction or installation of one-story detached structures associated
with one- or two-family dwellings or multiple single-family dwellings
(townhouses) which are used for tool and storage sheds, playhouses
or similar uses, provided the gross floor area does not exceed 25
square feet (2.32 square meters);
(2)
Installation of swings and other playground equipment associated
with a one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(3)
Installation of swimming pools associated with a one- or two-family
dwelling or multiple single-family dwellings (townhouses) where such
pools are designed for a water depth of less than 24 inches and are
installed entirely above ground;
(4)
Construction of retaining walls unless such walls support a surcharge
or impound Class I, II or IIIA liquids;
(5)
Construction of temporary motion picture, television and theater
stage sets and scenery;
(6)
Installation of window awnings supported by an exterior wall of a
one- or two-family dwelling or multiple single-family dwellings (townhouses);
(7)
Installation of partitions or movable cases less than five feet nine
inches in height;
(8)
Painting, wallpapering, tiling, carpeting, or other similar finish
work;
(9)
Installation of listed portable electrical, plumbing, heating, ventilation
or cooling equipment or appliances;
(10)
Replacement of any equipment provided the replacement does not
alter the equipment's listing or render it inconsistent with the equipment's
original specifications; or
(11)
Repairs, provided that such repairs do not involve:
(a)
The removal or cutting away of a loadbearing wall, partition,
or portion thereof, or of any structural beam or load bearing component;
(b)
The removal or change of any required means of egress, or the
rearrangement of parts of a structure in a manner which affects egress;
(c)
The enlargement, alteration, replacement or relocation of any
building system; or
(d)
The removal from service of all or part of a fire protection
system for any period of time.
C.
Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code.
D.
Applications for building permits. Applications for a building permit
shall be made in writing on a form provided by or otherwise acceptable
to the Zoning Inspector or Deputy Zoning Inspector. The application
shall be signed by the owner of the property where the work is to
be performed or an authorized agent of the owner. The application
shall include such information as the Zoning Inspector or Deputy Zoning
Inspector deems sufficient to permit a determination by the Zoning
Inspector or Deputy Zoning Inspector that the intended work complies
with all applicable requirements of the Uniform Code and the Energy
Code. The application shall include or be accompanied by the following
information and documentation:
(1)
A description of the proposed work;
(2)
The Tax Map number and the street address of the premises where the
work is to be performed;
(3)
The occupancy classification of any affected building or structure;
(4)
Where applicable, a statement of special inspections prepared in
accordance with the provisions of the Uniform Code; and
(5)
At least two sets of construction documents (drawings and/or specifications)
which:
(a)
Define the scope of the proposed work;
(b)
Are prepared by a New-York-State-registered architect or licensed
professional engineer where so required by the Education Law;
(c)
Indicate with sufficient clarity and detail the nature and extent
of the work proposed;
(d)
Substantiate that the proposed work will comply with the Uniform
Code and the Energy Code; and
(e)
Where applicable, include a site plan that shows any existing
and proposed buildings and structures on the site, the location of
any existing or proposed well or septic system, the location of the
intended work, and the distances between the buildings and structures
and the lot lines.
E.
Construction documents. Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth in Subsection D(5) of this section. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Zoning Inspector or Deputy Zoning Inspector in writing or by stamp. One set of the accepted construction documents shall be retained by the Zoning Inspector or Deputy Zoning Inspector, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the Zoning Inspector or Deputy Zoning Inspector. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued.
F.
Issuance of building permits. An application for a building permit
shall be examined to ascertain whether the proposed work is in compliance
with the applicable requirements of the Uniform Code and Energy Code.
The Zoning Inspector or Deputy Zoning Inspector shall issue a building
permit if the proposed work is in compliance with the applicable requirements
of the Uniform Code and Energy Code.
G.
Building permits to be displayed. Building permits shall be visibly
displayed at the work site and shall remain visible until the authorized
work has been completed.
H.
Work to be in accordance with construction documents. All work shall
be performed in accordance with the construction documents which were
submitted with and accepted as part of the application for the building
permit. The building permit shall contain such a directive. The permit
holder shall immediately notify the Zoning Inspector or Deputy Zoning
Inspector of any change occurring during the course of the work. The
building permit shall contain such a directive. If the Zoning Inspector
or Deputy Zoning Inspector determines that such change warrants a
new or amended building permit, such change shall not be made until
and unless a new or amended building permit reflecting such change
is issued.
I.
Time limits. Building permits shall become invalid unless the authorized work is commenced within six months following the date of issuance. building permits shall expire 12 months after the date of issuance. A building permit which has become invalid or which has expired pursuant to this Subsection B may be renewed upon application by the permit holder, payment of the applicable fee, and approval of the application by the Zoning Inspector or Deputy Zoning Inspector.
J.
Revocation or suspension of building permits. If the Zoning Inspector
or Deputy Zoning Inspector determines that a building permit was issued
in error because of incorrect, inaccurate or incomplete information,
or that the work for which a building permit was issued violates the
Uniform Code or the Energy Code, the Zoning Inspector or Deputy Zoning
Inspector shall revoke the building permit or suspend the building
permit until such time as the permit holder demonstrates that (1)
all work then completed is in compliance with all applicable provisions
of the Uniform Code and the Energy Code and (2) all work then proposed
to be performed shall be in compliance with all applicable provisions
of the Uniform Code and the Energy Code.
K.
Fees. Each application for a building permit shall require the prepayment
of application fees, as set by resolution of the Village Board,[1] according to the following schedule:
[Amended 4-11-2018 by L.L. No. 1-2018]
A.
A certificate of occupancy is required for any of
the following:
(1)
Occupancy and use of a building hereafter erected,
externally altered, moved or extended.
(2)
Change in the use of an existing building.
(3)
Occupancy and use of vacant land, except for any use
consisting primarily of tilling the soil or similar agricultural use.
(4)
Change in the use of land, except for any use consisting
primarily of tilling the soil and similar agricultural use.
(5)
Continuation of a nonconforming use.
(8)
Upon
termination of any occupancy or tenancy of a building, structure or
dwelling unit, where the building, structure or unit has been vacant
for six months or more, application shall be made for a new certificate
of occupancy, and such new certificate of occupancy shall be obtained
prior to the commencement of any new occupancy or tenancy of such
building, structure or dwelling unit.
[Added 7-27-2011 by L.L. No. 3-2011]
(9)
If
a building, structure or unit has been vacant for one year or more,
the Zoning Inspector shall inspect the building before issuing a certificate
of occupancy and, based on his or her inspection, may require a certificate
by a professional engineer indicating that the building, structure
or unit is structurally sound and in compliance with the provisions
of the Uniform Building Code. If a building has been vacant for 18
months or more, such a certificate from a professional engineer shall
be required in all cases.
[Added 11-12-2014 by L.L.
No. 4-2014]
B.
A certificate of occupancy may be obtained on application to the Zoning Inspector. Such certificate shall be issued by the Zoning Inspector or Deputy Zoning Inspector if the proposed use of the building, land or work conforms to the provisions of this chapter and the terms, provisions and conditions of the building permit, including the satisfactory completion of any and all inspections required by the building permit, and accords with all of the requirements of the Uniform Fire Prevention and Building Code and Chapter 115, Flood Damage Prevention, of this Code. The Zoning Inspector or Deputy Zoning Inspector shall make or cause to have made an inspection of each building or lot for which a certificate of occupancy has been applied before issuing such certificate. Such inspection shall be made within 15 days from the date of application, Saturdays, Sundays and legal holidays excepted.
[Amended 2-13-2002 by L.L. No. 1-2002]
C.
Any certificate of occupancy issued hereunder may
be revoked at any time by the Zoning Inspector or Deputy Zoning Inspector
upon 10 days' written notice, for cause, whenever it appears that
by reason of change of use, deterioration, casualty, damage, disrepair
or otherwise the building or structure for which such certificate
of occupancy was issued no longer is used or occupied for the purpose
proposed in the original application and/or no longer conforms to
the permitted uses under this chapter and/or no longer conforms to
the requirements of the Uniform Fire Prevention and Building Code.
[Amended 2-13-2002 by L.L. No. 1-2002]
