[Amended 6-1-1994 by L.L. No. 4-1994]
This chapter shall be enforced by the Zoning Administrator.
A.
No building or structure shall hereafter be erected or structurally
altered on any lot, plot or premises until a permit authorizing the
same shall have been issued by the Zoning Administrator.
B.
There must be attached to an application for a building permit copies
in duplicate of the plans and specifications showing the character,
outside limits, size, intended use and location upon the plot of the
contemplated structures and the size, boundaries, existing structures
and location of the plot of land affected and the name of the owner
thereof.
C.
A fee shall be charged for every permit issued, the amount of which
shall be determined, from time to time, by resolution of the Board
of Trustees.
D.
The Zoning Administrator may require that a satisfactory drainage
plan be submitted as part of an application for a building permit.
[Added 6-1-1994 by L.L. No. 4-1994]
No building permit shall be issued by the Zoning Administrator
in any of the following cases:
A.
Where the proposed construction or use of the lot does not fully
comply with the provisions of this chapter.
B.
Where sanitary disposal facilities for the premises have not been
approved by the Suffolk County Department of Health.
C.
Where a permit has not been issued by the New York Department of
Environmental Conservation, where such permit is required.
Every building permit shall expire if the work authorized has
not commenced within six months after the date of issuance or has
not been completed within 18 months from such date. If no zoning amendments
or other regulations affecting the subject property have been enacted
in the interim, the Zoning Administrator, may, for good cause shown,
extend either above period for an additional six months, following
which no further work is to be undertaken without a new building permit.
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 or put into use, in whole or in part,
after the effective date of this chapter, or to use or to permit the
use of any building, structure, premises, lot or land, or part thereof
of which the use is changed, until a certificate of occupancy shall
have been issued by the Zoning Administrator. No certificate of occupancy
shall be issued for any building, structure, premises, lot or land
unless the erection, alteration, enlargement 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.
[Amended 5-20-1988 by L.L. No. 7-1988]
B.
No certificate of occupancy shall be issued by the Zoning Administrator in a case where a permit is required pursuant to Chapter 146, Sand Dunes and Ocean Beach Management Program, unless such a permit has been issued and the work authorized by such permit has been completed in accordance with the terms and provisions of such permit.
[Added 5-16-1986 by L.L. No. 2-1986]
C.
Notwithstanding the failure of a building or structure to comply
with a setback requirement, the Zoning Administrator shall have the
authority to issue a certificate of occupancy where the variance between
the actual setback and the required setback is not more than six inches.
If the Zoning Administrator determines, in his sole discretion, that
such setback relief [relief of not more than six inches] is warranted,
the Zoning Administrator may grant such relief by issuing such certificate,
in which event, a setback variance from the Board of Appeals shall
not be required.
[Added 6-12-1987 by L.L. No. 8-1987]
D.
No certificate of occupancy shall be issued by the Zoning Administrator
until the following shall have been completed:
[Added 2-16-1990 by L.L. No. 2-1990]
E.
Upon request, the Zoning Administrator may issue a temporary certificate
of occupancy for a building or structure or part thereof before the
entire work covered by the building permit shall have been completed,
provided that such portion or portions as have been completed may
be occupied safely without endangering life or the public health or
welfare. A temporary certificate of occupancy shall remain effective
for a period not exceeding three months from its date of issuance.
For good cause, the Zoning Administrator may allow a maximum of two
extensions for periods not exceeding three months each.
[Added 8-16-1991 by L.L. No. 7-1991]
F.
It shall be unlawful to use or permit the use of any building or other structure located on any premises, lot or land, or part thereof, as to which there has been a change in ownership unless within three months either before or after the effective date of such change of ownership there shall have been issued by the Zoning Administrator an updated certificate of occupancy. The updated certificate of occupancy shall be issued by the Zoning Administrator only if the premises involved has a valid certificate of occupancy or is entitled to a preexisting certificate of occupancy and, based upon a visual inspection of the grounds and the exterior of each building and other structure located thereon, all buildings and other structures are in conformity with this chapter and the Property Maintenance Code of New York State (such Property Maintenance Code being applicable in the Village pursuant to Chapter 73).[1] The issuance of an updated certificate of occupancy shall
not signify or imply that the Zoning Administrator has inspected the
interior of any building or other structure or any of its electrical,
plumbing or other systems. The requirement for an updated certificate
of occupancy set forth in this subsection shall not apply if the Zoning
Administrator shall have issued a certificate of occupancy with respect
to such premises within the 120 days immediately preceding the effective
date of the change of ownership. An updated certificate of occupancy
map be applied for at any time by an owner (or authorized designee)
of any premises for which a certificate of occupancy shall have previously
been issued. The form of such application shall be approved by resolution
of the Board of Trustees. The amount of the application fee to be
charged for an updated certificate of occupancy shall be determined
from time to time by resolution of the Board of Trustees.
[Added 2-15-2013 by L.L. No. 2-2013]
A certificate of occupancy shall be applied for at the same
time as the building permit, and a fee shall be charged for every
certificate of occupancy issued. The Zoning Administrator is also
authorized to issue a certificate of occupancy, upon application,
as to premises which were in existence prior to the effective date
of this requirement, provided that said premises may be validly used
or occupied under the provisions of this chapter for the uses to which
the premises are devoted and under the existing conditions. The amount
of the fee to be charged for a certificate of occupancy shall be determined
from time to time by resolution of the Board of Trustees.
A record of all certificates of occupancy shall be kept on file
in the Village Clerk's office, and copies thereof shall be furnished
upon request to any person having a proprietary or tenancy interest
in the premises affected upon payment of a fee therefor, the amount
of which shall be fixed, from time to time, by resolution of the Board
of Trustees.
Wherever a parcel of land shall be nonconforming, either as
to use or size, but shall have been in single and separate ownership
when and since the zoning provisions became effective which made it
nonconforming, the Zoning Administrator may issue to the owner of
the premises a certificate over his signature certifying that the
premises are entitled to be used for such nonconforming use and/or
to be built upon in spite of such nonconformity. In connection with
any application for such certificate, the Zoning Administrator may
require the applicant to submit proof satisfactory to him as to such
ownership and/or use. A fee equal to the fee charged for issuance
of a certificate of occupancy shall be charged for such certificate
issued.
