A.
The provisions in this article shall apply to the
issuance of building permits, certificates of occupancy and associated
enforcement.
B.
This chapter shall be enforced by the Building Official
or his/her duly authorized representative. No permit, certificate
of occupancy or other authorization for any construction, reconstruction,
alteration or enlargement of a structure or for the moving of a structure
from one site to another, including special permits and variances
by the Zoning Board of Appeals, the Planning Board, or the Board of
Trustees, shall be issued except in compliance with the provisions
of this chapter and of the Building Code.
[Amended 6-19-2023 by L.L. No. 7-2023]
No building or structure shall be erected, constructed,
enlarged, structurally altered, moved or excavation made therefor
or work begun thereon until a building permit therefor has been issued
by the Building Inspector.
A.
Applications for building permits shall be made in
duplicate on forms provided by the Building Inspector and shall provide
information appropriate to the administration of this chapter.
B.
No building permit shall be issued for a structure
or building for which a variance is required or for a purpose for
which a special permit is required until such variance or such special
permit has been granted by the Zoning Board of Appeals, Planning Board
or the Board of Trustees, as the case may be, and any conditions imposed
by the Zoning Board of Appeals, Planning Board or Board of Trustees,
as the case may be, in connection therewith, shall be noted on the
face of such building permit.
[Amended 6-19-2023 by L.L. No. 7-2023]
C.
Every building permit issued under a duly granted variance shall lapse 12 months from the date of its issue, and, with its lapse, the variance under which it was issued shall lapse unless actual construction, as defined in § 381-72, was begun thereunder within six months of the date of issuance of such permit and the building completed within 12 months of such date of issue. The time for completion of the building may be extended by the Building Inspector for a period not to exceed 90 days.
D.
No satellite antenna shall be erected, constructed
or installed unless a building permit is obtained for it. No such
building permit shall be issued until the applicant has obtained a
special permit, if required, and has filed his affidavit with the
Building Inspector stating that he has obtained all other licenses,
permits and approvals required by law for the erection, construction,
installation and operation of the satellite earth station.
A.
Application for a certificate of occupancy shall be
made in duplicate on forms provided by the Building Official. Such
forms shall provide spaces for information appropriate to the administration
of this chapter. No occupancy and use of new construction or change
of use in existing construction shall take place until a certificate
of occupancy has been issued, and no such certificate of occupancy
for a variance or use for which a special permit is required shall
be issued except in accordance with such variance or such special
permit authorized by the Zoning Board of Appeals, Planning Board,
or Board of Trustees and shall set forth in detail the conditions
attached thereto as determined by such Board.
[Amended 6-19-2023 by L.L. No. 7-2023]
B.
Application for a certificate of occupancy shall be
made simultaneously with application for a building permit. Upon written
notice to the Building Inspector that a building or structure or use
of land is ready for inspection, the Building Inspector, within seven
working days thereafter, shall inspect such construction and use and,
if there is compliance with the provisions of this chapter and/or
the conditions of a duly granted variance or special permit, shall
issue such certificate or inform the applicant why it must be denied.
Pending the issuance of such certificate, the Building Inspector may
issue a limited temporary certificate not to exceed 90 days, pending
the completion of necessary alterations required under the provisions
of any law or ordinance. Copies of each certificate of occupancy shall
be filed by the Building Inspector, who shall keep a record thereof,
and who, on request, shall furnish a copy thereof to any officer or
board of the Village and to any person having a proprietary or tenancy
interest in the building or land affected thereby.
C.
For the purpose of recording the character and extent
of any lawful nonconformity existing as of the effective date of this
chapter, the owner or lessee of any structure or lot may apply for
a certificate of occupancy, specifying in such application the character
and extent of such nonconformity of structure or use and its conformity
to the regulations applicable thereto at the time of its construction
or the creation of such use.
D.
Any variance sought and granted, with respect to conditions
of occupancy for which a certificate of occupancy would be required,
shall lapse within 12 months of the date of the order of the Zoning
Board of Appeals granting such variance unless within such period
a certificate of occupancy in conformity therewith has been applied
for and duly issued in compliance with the terms of such variance.
A.
Any person or corporation, including but not limited
to the owner, lessee, architect and/or builder or agent or employee
of any of them, who violates or is accessory to the violation of any
provision of this chapter or any regulation made under the authority
conferred by this chapter, or who shall erect, construct, reconstruct,
alter, enlarge, convert or move any building or structure without
a building permit or in violation of any statement or plans submitted
and approved under the provisions of this chapter, or who shall use
any building, structure or land in violation of this chapter or any
regulation made under the authority conferred by this chapter or in
violation of the provisions of any building permit or certificate
of occupancy or without a building permit or certificate of occupancy
if one is required by this chapter, shall be liable to a fine not
exceeding $350 or imprisonment for a period not to exceed six months,
or both, for conviction of a first offense; for conviction of a second
offense, both of which were committed within a period of five years,
punishable by a fine of not less than $350 nor more than $700 or imprisonment
for a period not to exceed six months, or both; and upon conviction
for a third or subsequent offense all of which were committed within
a period of five years, punishable by a fine not less than $700 nor
more than $1,000 or imprisonment for a period not to exceed six months,
or both. However, for the purpose of conferring jurisdiction upon
courts and judicial officers generally, violations of this chapter
shall be deemed misdemeanors, and for such purpose only, all provisions
of law relating to misdemeanors shall apply to such violations. Each
week's continued violation shall constitute a separate additional
violation.
B.
The Building Inspector shall serve or mail notice
of any violation of this chapter to the last known address of the
owner of such property, as shown on the official assessment rolls,
or to the person, corporation or other entity committing or permitting
the same. In addition, the Inspector shall report all violations to
the Board of Trustees. Nothing in this chapter shall be construed
as depriving the Village or the Board of Trustees of any other available
remedy, either of a civil or criminal nature, as provided by law.
[Added 2-6-2023 by L.L. No. 2-2023]
No existing building, portion thereof, and/or land shall be
converted to a different use or be used by a different occupant without
the owner first securing a change of use/occupancy permit. This section
shall not apply to changes of occupancy for residences, except residences
containing or to contain professional offices. Said permit shall be
duly issued upon application to the Building Inspector and upon payment
of the required fee. No change of use/occupancy permit shall be issued
unless the proposed use is in full conformity with all provisions
of this chapter and all other applicable regulations. Any such permit
issued in violation of the provisions of this chapter shall be null
and void and of no effect without the necessity for any proceedings
for revocation or nullification thereof, and any work undertaken or
use established pursuant to any such permit shall be unlawful.
A.
Every application for a change of use/occupancy permit shall be accompanied
by a plot or floor plan drawn to scale and signed by the person responsible
for such drawing, showing the manner in which the land, building,
or portion thereof is proposed to be used and any proposed fencing,
screening, and landscaping. The Building Inspector may waive this
requirement if he deems it to be superfluous.
B.
No change of use/occupancy permit shall be issued for any use, building,
or portion thereof that is subject to site plan approval by any board,
except in conformance with the requirements of the board. No permit
shall be issued for a use, building, or portion thereof that is permitted
subject to a special permit granted by any board, except in accordance
with all conditions which may have been prescribed by the board. No
change of use/occupancy permit shall be issued for any use, building,
or portion thereof that is subject to a variance granted by the Zoning
Board of Appeals, except in accordance with all conditions which may
have been prescribed by said Board.
C.
The change of use/occupancy permit application and all supporting
documentation shall be made in triplicate and shall be accompanied
by the required fee. The amount of such fee shall be determined from
time to time by resolution of the Village Board.
D.
Within 30 days after the Building Inspector has certified that a
complete and properly prepared application, with all required approvals,
including site plan, special permit and/or variances, has been filed,
he shall either issue or deny said permit. If it a permit is denied,
the Building Inspector shall state, in writing, to the owner the reasons
for such denial.
