A. 
No Board, agency, officer or employee of the Town shall issue, grant or approve any permit, license, certificate or other authorization, including special permits by the Planning Board and adjustments by the Board of Appeals, for any construction, reconstruction, alteration, enlargement or moving of any building, or for any use of land or building that would not be in full compliance with the provisions of this chapter. Any such permit, license, certificate or other authorization, issued, granted or approved in violation of the provisions of this chapter shall be null and void and of no effect, without the necessity of any proceedings or revocation or nullification thereof, and any work undertaken or use established pursuant to any permit, license or certificate or authorization shall be unlawful, and no action shall be taken by any board, agency, officer or employee of the Town purporting to validate any such violation.
B. 
This chapter shall be enforced by the Building Inspector in accordance with the administrative provisions of the Building Code and of this chapter.
C. 
In the event of a controversy arising from a complaint that an industrial use is not in compliance with the standards and conditions applying to a special permit issued for such use, the Town Board may require the occupant of the property to submit evidence, including technical tests, where necessary, that the use is in full compliance with said standards and conditions.
[Added 4-4-1959]
A. 
No building or structure shall be erected, enlarged, structurally altered or moved until a permit therefor has been issued by the Building Inspector. Except upon a written authorization of the Board of Appeals, no such building permit or certificate of occupancy shall be issued for any building where said construction, addition, alteration, moving or use thereof would be in violation of any of the provisions of this chapter.
B. 
There shall be submitted with all applications for building permits two copies of a layout or plot plan drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact size and location on the lot of the building and accessory buildings existing and the lines within which the building or structure is to be erected or altered, the existing and intended use of each building or part of a building, the number of families or housekeeping units that the building is designed to accommodate, and such other information with regard to the lot and neighboring lots that may be necessary to determine and provide for the enforcement of this chapter. One copy of such plan shall be returned to the owner when such plans shall have been approved by the Building Inspector. All dimensions shown on this plan relating to the location and size of the lot to be built upon shall be based on an actual survey and the lot shall be staked out on the ground before construction is started.
A. 
It shall be unlawful for an owner to use or permit the use of any building or premises or part thereof hereafter created, erected, changed, converted or enlarged, wholly or partly, in its use or structure, until a certificate of occupancy shall have been issued by the Building Inspector. Such certificate shall state that such building or premises or part thereof and the proposed use thereof are in complete conformity with the provisions of this chapter. It shall be the duty of the Building Inspector to issue a certificate of occupancy, provided that he is satisfied that the building and the proposed use of the building or premises conform with all the requirements herein set forth. A certificate of occupancy shall be applied for the coincident with an application for a building permit.
B. 
Under such rules and regulations as may be established by the Town Board, a temporary certificate of occupancy for part of a building may be issued.
C. 
No nonconforming use shall be maintained, renewed, changed or extended without a certificate of occupancy having first been issued by the Building Inspector therefor.
D. 
A certificate of occupancy shall be deemed to authorize, and is required for, both initial and continued occupancy and use of the building or land to which it applies and shall continue in effect as long as such building and the use thereof or of such land is in full conformity with the provisions of this chapter and any requirements made pursuant thereto. On the serving of notice of any violation of any of the said provisions or requirements in respect to any building or the use thereof, or of land, the certificate of occupancy for such use shall thereupon become null and void and a new certificate of occupancy shall be required for any further use of such building or land.
E. 
Upon written request from the owner, and by payment by him to the Town of a fee of $5 for building cost under $20,000 value; $10 for $20,000 to $50,000 value; $15 for $50,000 to $100,000 value; $25 for building cost over $100,000 value, the Building Inspector shall issue a certificate of occupancy for any building or premises existing at the time of the enactment of this chapter, certifying, after inspection, conformity with the provisions of this chapter.
[Amended 1-18-1972]
All permits issued prior to the enactment of this chapter for buildings or structures which are contrary to the provisions of this chapter shall be null and void unless substantial work has been done toward the completion of said building or structure. If any of the above requirements shall not have been fulfilled within one year, as stated in Article IV, § 66-6F(6) above, or if building operations are discontinued for a period of six months, any other construction shall be in conformity with the provisions of this chapter.
A. 
Any owner, lessee, tenant, occupant, architect or builder, or the agent of any of them, who violates, or is accessory to, the violation of any provisions of this chapter, or who fails to comply with any of the requirements thereof, or who erects, constructs, alters, enlarges, converts or moves, uses any building, or uses any land, in violation of any detailed statement or plans submitted by him and approved under the provisions of this chapter, shall be guilty of a misdemeanor, and shall be liable to a fine which shall not exceed $50 to be recovered with costs, or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each week's continued violation shall constitute a separate offense. Violations shall be prosecuted and penalties collected in the manner prescribed by law or ordinance effected in the Town of Rye.
B. 
Any building erected, constructed, altered, enlarged, converted, moved, or used contrary to any of the provisions of this chapter, and any use of any land or any building which is conducted, operated or maintained contrary to any of the provisions of this chapter shall be and the same is hereby declared to be unlawful. Proper Town authorities may institute an injunction, mandamus, abatement or any other appropriate action to prevent, enjoin, abate or remove such erection, construction, alteration, enlargement, conversion or use in violation of any of the provisions of this chapter. Such action may also be instituted by any three taxpayers who may be aggrieved by any violation of this chapter by the procedure of § 268 of the Town Law. Proper Town authorities shall serve notice by regular mail addressed to the premises of such violation on the person or corporation committing or permitting the same, and if such violation does not cease within such time as the proper Town authorities may specify, and a new certificate of occupancy is not obtained, they shall institute such of the foregoing action as may be necessary to terminate the violation. Such notice may also be served by posting on the premises.
C. 
The remedies provided for herein are cumulative and not exclusive and shall be in addition to any other remedies provided by law.
A. 
Organization. A Board of Appeals is hereby created as provided by law.
B. 
Powers and duties. The Board of Appeals shall have all the powers and duties prescribed by law, and by this chapter, which powers and duties are summarized and more particularly specified as follows, provided that none of the following provisions shall be deemed to limit any of the power of the Board of Appeals that is conferred by general law.
(1) 
Interpretation. On appeal from an order, requirement, decision or determination made by an administrative official, or on request from any official or agency of the Town, to decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary line if uncertainty remains after reference to the rules specified in Article III.
(2) 
Adjustments. Where the strict application of any of the requirements of this chapter in the case of an exceptionally irregular, narrow, shallow or steep lot, or other exceptional physical conditions, as a result of which strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved, but in no other case, the Board of Appeals shall have the power, upon appeal, to vary or adjust the strict application of the regulations or provisions of this chapter. No adjustment in the strict application of any provision of this chapter shall be granted by the Board of Appeals unless it finds:
(a) 
That there are special circumstances or conditions, fully described in the findings of the Board of Appeals, applying to the building or land for which the adjustment is sought, which circumstances or conditions are peculiar to such land or building and do not apply generally to land or buildings in the neighborhood and have not resulted from any act of the applicant subsequent to the date of adoption of the regulation or regulations appealed from, whether or not in violation of the provisions herein.
(b) 
That, for reasons fully set forth in the findings of the Board, the aforesaid circumstances or conditions are such that the particular application of the conditions of this chapter would deprive the applicant of the reasonable use of such land or building and the granting of the adjustment is necessary for the reasonable use of the land or building, and that the adjustment as granted by the Board is the minimum adjustment that will accomplish this purpose.
(c) 
That the granting of the adjustment will be in harmony with the general purposes and intent of this chapter, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. In granting any adjustment, the Board of Appeals shall prescribe any conditions or safeguards applying thereto that it may deem necessary or desirable.
(3) 
Conditions and safeguards. In all cases where the Board of Appeals authorizes the issuance of a building permit or occupancy permit under any of the above powers, it shall be the duty of said Board to attach such conditions and safeguards as may be required to protect the public health, safety, morals and general welfare.
C. 
Appeals — how taken. All appeals and applications to the Board of Appeals shall be taken in the manner prescribed by law, and within such time as shall be prescribed by the Board of Appeals by general rule. All such appeals and applications shall be in writing, on forms prescribed by the Board, and each appeal or application shall fully set forth the circumstances of the case. Every appeal or application shall refer to the specific provision of the ordinance involved, and shall exactly set forth, as the case may be, the interpretation that is claimed, the details of the adjustment that is applied for and the grounds for which it is claimed that the same should be granted, or the use for which a special permit is sought. Every decision of the Board of Appeals shall be recorded in accordance with standard forms adopted by the Board and shall fully set forth the circumstances of the case and the findings on which the decision was based.