Town of Ellicott, NY Chapter 120 Commercial Occupancy

[HISTORY: Adopted by the Town Council of the Town of Ellicott 9-19-2016 by L.L. No. 5-2016. Amendments noted where applicable.]

GENERAL REFERENCES

Building construction and fire prevention — See Ch. 51.

Unsafe buildings and structures — See Ch. 55.

Property maintenance — See Ch. 56.

Zoning — See Ch. 146.

§ 120-1 Permit required for change in commercial occupancy.

Prior to occupying any commercial space within any building in the Town of Ellicott, a change in commercial occupant permit must be applied for and approved by the Building Department. If you are proposing a new store or business within the Town of Ellicott, whether it involves a purchase or lease of a storefront, commercial space, or portion of an existing building, plans must be presented to the Building Department for the utilization of such commercial space/building. Plans are required even if there are no proposed alterations or renovations. A permit and plan requirement is necessary so that the Building Department can confirm that the proposed business is permitted under the Zoning Law and that the intended use of the space/building complies with the Existing Building Code of New York State.

§ 120-2 Certificates of occupancy and completion/compliance.

To obtain a certificate of occupancy for an existing building or tenant space, the following steps must be followed:

A. No physical changes to the building or tenant space are planned:

(1) If the new use of the space is the same as the previous use:

(a) Provide a letter that describes the nature of the proposed use (restaurant, retail store, etc.).

(b) Indicate hours of operation.

(c) Indicate number of employees.

(d) Provide a floor plan of the space with dimensions, etc.

(e) Pay the applicable fee for the inspections ($1 per 100 square feet; minimum of $60/maximum of $350).

(2) If the new use is not the same as the previous use, provide the information as listed above, and provide a code analysis for the change of the use that indicates compliance with the provisions of either the Building Code of New York State or the Existing Building Code of New York State, whichever is most appropriate. The code analysis must be prepared by an architect or professional engineer licensed in New York State.

Note: Before an updated certificate of occupancy can be issued, the Building Inspector and an electrical inspector must inspect the premises, and any deficiencies that are found must be corrected.

B. Physical changes to the building or tenant space are planned: If changes to the space are planned, a building permit must be obtained. A certificate of occupancy or certificate of completion/compliance will be issued as part of the normal permit process.

Note: A separate permit is required for any signs.