In applying and interpreting the provisions of this chapter,
said provisions shall be held to be minimum requirements adopted for
the promotion of the public health, safety, morals, comfort, convenience
and general welfare. The following specific regulations shall apply:
A.
A minimum required lot or yard size for one building or structure
shall not be used as any part of a required lot or yard for a second
structure.
B.
The required lot or yard for an existing building or structure shall
not be diminished below the minimum requirements of this chapter.
C.
The parking spaces required for one building or structure or use
shall not be included in the computation of required parking spaces
for a second building or structure or use.
A.
Nothing contained in this chapter shall be taken to repeal, abrogate,
annul or in any way impair or interfere with any provisions of law
or ordinance or regulations existing or as may be adopted in the future,
nor is it intended by this chapter to interfere with or abrogate or
annul any easements, covenants or other agreements between parties;
provided, however, that where this chapter imposes a greater restriction
upon the use of buildings or structures or requires larger lots, yards,
courts or other open spaces than imposed or required by such other
provisions of law, ordinance or regulation or by such easements, covenants
or agreements, the provisions of this chapter shall control.
B.
Wherever the provisions of any other law or ordinance or regulations
impose a restriction greater than this chapter, the provisions of
such other law or ordinance or regulations shall control.
C.
No provision contained in this chapter shall be construed as justifying
the encroachment of any building or structure within any street lines
now or hereafter laid down.
A.
It shall be the duty of the Building Inspector to administer and
enforce the provisions of Article 16 of the Town Law and the provisions
of this chapter. Should the said Building Inspector be in doubt as
to the meaning or intent of any provision of this chapter, or as to
the location of any district boundary line on the Zoning Map, or as
to the propriety of issuing a building permit or a certificate of
occupancy in a particular case related to the provisions of this chapter,
he shall appeal the matter to the Board of Appeals for interpretation
and decision. The Building Inspector shall adopt rules of procedure
consistent with this chapter for the purpose of assuring efficient
and uniform administration of its provisions.
B.
The Building Inspector shall submit a written report each month to
the Town Board, enumerating the building permit applications received
and stating the actions taken. Such report shall also enumerate violations
of this chapter and actions taken with respect thereto.
The Building Inspector and his deputies and assistants and the
Town Engineer, Chief of Police and Fire Chief and their authorized
agents shall have the right and authority, at any reasonable hour,
to enter any building, structure, premises, lot or land, whether already
erected or put into use or in the course of being erected and put
into use, for the purpose of determining whether or not the provisions
of this chapter are being complied with.
A.
All procedure with respect to applications for and issuance of building
permits shall be in conformity with the provisions of the Building
Code. All such applications shall be accompanied by such other information
as may be necessary to determine and provide for the enforcement of
this chapter.
B.
The plot plan shall show a separate lot for each main building; provided,
however, that where a development consists of an integrated arrangement
of dwellings, garden apartments or other buildings designed and intended
to be maintained in a single ownership, the Building Inspector may
waive the requirements of showing separate lots for each separate
main building.
C.
No building permit shall be issued for erection, construction, reconstruction,
structural alteration or moving of any building or structure or part
thereof, unless the plans and intended use indicate that such building
or structure is designed and intended to conform in all respects to
the provisions of this chapter.
D.
Where a lot is formed from part of a lot already improved, the separation
must be effective in such manner as not to impair any of the provisions
of this chapter, whether related to the then existing improvements
or to a proposed or future new improvement on the lot so formed and
in such manner that both the remainder of the former lot and the new
lot so formed shall comply with the lot area and lot width provisions
of this chapter.
A.
Nothing in this chapter shall require any change in the plans, construction
or designated use of a building or structure for which a lawful building
permit has been issued prior to the effective date of this chapter
or any amendment thereto affecting such building or structure or the
use thereof, provided that:
(1)
The construction of such building or structure shall have been begun
and diligently prosecuted within three months from the date of such
permit.
(2)
The ground story framework, including the second tier of beams, shall
have been completed within six months from the date of such permit.
(3)
The entire building or structure shall be completed to such filed
and approved plans upon which the issuance of such permit was based
within one year from the effective date of this chapter or any such
amendment thereto.
A.
It shall be unlawful to use or to permit the use of any building,
structure, premises, lot or land or part thereof hereafter erected
or altered, enlarged or moved, in whole or part, after the effective
date of this chapter or any building, structure, premises, lot or
land or part thereof of which the use is changed, until the certificate
of occupancy has been obtained by the owner.
B.
No certificate of occupancy shall be issued for any building, structure,
premises, lot or land unless the erection, construction, reconstruction,
structural alteration or moving of such building or structure or part
thereof and the intended use thereof are in conformity in all respects
with the provisions of this chapter.
D.
Upon written application by the owner or his authorized agent, the Building Inspector shall issue a certificate of occupancy for any building or structure, lot or land existing and in use at the effective date of this chapter, provided that said Building Inspector shall find that such building or structure, lot or land is in conformity with the applicable provisions of this chapter or is a nonconforming structure as defined in § 57-3 under "nonconforming structure" and under "nonconforming use."
E.
Any certificate of occupancy, if not available from existing Town records, shall be limited to a statement by the Building Inspector that the structure in question complies with the area and use regulations of this chapter or is legally nonconforming as to such regulations and, if constructed on or after November 7, 1962, that the same is in compliance with the applicable provisions of Chapter 23.
Owners of property which is occupied by nonconforming uses,
buildings or structures may file a statement of such nonconformity
with the Building Inspector so as to assure recognition of their status.
Fees for building permit applications and for issuance of building
permits and certificates of occupancy shall be as provided in the
Town Building Ordinance.
For any and every violation of any provisions of this chapter
and upon failure to comply with written notice thereof or order to
remove such violation within five days after serving of such notice
or order, the owner, agent or contractor of a building, structure,
premises, lot or land where such violation has been committed or shall
exist, and the lessee or tenant of an entire building, structure,
premises, lot or land where such violation has been committed or shall
exist, and the owner, agent or contractor, lessee or tenant of any
part of a building, structure, premises, lot or land, in which part
such violation has been committed or shall exist, and the agent, architect,
builder or contractor or any other person who commits, takes part
or assists in such violation, or who maintains any building, structure,
premises, lot or land in which any such violation shall exist shall
be subject to a fine not exceeding $50 or to imprisonment for not
more than 10 days, or both, and each and every day the violation continues
after the owner, agent or contractor of the building, structure, premises,
lot or land where such violation occurred has been notified thereof
shall be deemed a separate and distinct violation.
