In applying and interpreting this chapter, its provisions shall be held to be minimum requirements adopted for the promotion of the public health, safety, morals, comfort, convenience of the general welfare. The following specific regulations shall apply:
A. 
A minimum required lot or yard size for one building or other structure shall not be used, in whole or in part, as any part of a required lot or yard for a second building or other structure.
B. 
The required lot or yard for an existing building or other structure shall not be diminished below the minimum requirements of this chapter.
C. 
The parking spaces required for one building or other structure or use shall not be included in the computation of required parking spaces for a second building or other structure or use.
D. 
Nothing contained in this chapter shall be taken to repeal, abrogate, annul or in any way impair or interfere with the Building Code or any rules or regulations adopted or issued thereunder or any other provisions of law or ordinance or regulation existing or as may be adopted in the future when not in conflict with any of the provisions of this chapter, 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 when this chapter imposes a greater restriction upon the use of buildings, structures, premises, lots or land or upon the height of buildings or other structures or requires larger lots, yards, courts or other open spaces than imposed or required by such other provision of law, ordinance or regulation or by such easements, covenants or agreements, the provisions of this chapter shall control.
E. 
Wherever the provisions of any other law or ordinance or regulation impose a greater restriction than this chapter, the provisions of such other law or ordinance or regulation shall control.
F. 
No provision contained in this chapter shall be construed as justifying the encroachment of any building or other structure within any street lines now or hereafter laid down on any subdivision plat filed in the office of the Suffolk County Clerk or within any federal, state, county or Village street or highway.
A. 
All procedures with respect to applications for and consideration 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 compliance with this chapter.
B. 
No building permit shall be issued for the erection, construction, reconstruction, structural alteration, restoration, demolition, repair or moving of any building or other structure or part thereof unless the plans and intended use indicate that such building or other structure is designed and intended to conform in all respects to the provisions of this chapter and where required by this chapter the Planning Board or the AHRB has approved the design in accordance with other provisions of this chapter.
C. 
No building permit shall be issued where a lot or lots are formed from part of an existing lot, whether already improved or not, if the separation is effected in such a manner that any of the lots or any existing or proposed improvements thereon contravene the provision or intent of this chapter or of Chapter 190, Subdivision of Land, of the Village Code. No building permit shall be issued for a lot which was created after the date of adoption of this article in violation of Chapter 190, Subdivision of Land, of the Village Code.
D. 
After the completion of footings and establishing of the forms on the first course of the foundation walls or equivalent structure, the owner shall notify the Building Inspector. If required by the Building Inspector, the owner shall cause a survey to be made by a licensed land surveyor showing the true location of such foundation walls with respect to the lot lines of the lot, and a copy of such survey shall be filed with the Building Inspector before construction is continued.
E. 
The Building Inspector shall require a site plan for any building or other structure or use as set forth in Article VIII of this chapter.
A. 
Nothing in this chapter shall require any change in the plans, construction or designated use of a building or other 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 other structure or the use thereof, provided that:
(1) 
The construction of such building or other structure shall have been begun and diligently prosecuted within three months from the date of such permit.
(2) 
The entire building or other structure shall be completed according 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.
B. 
In the event that either of the conditions in Subsection A(1) and (2) of this section are not complied with, such building permit shall be revoked by the Building Inspector.
A. 
It shall be unlawful to use or to permit the use of any building or other 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 of any building or other structure, premises, lot or land or part thereof of which the use is changed until a certificate of occupancy has been obtained by the owner, as provided for under the Building Code.
B. 
No certificate of occupancy shall be issued for any building or other structure, premises, lot or land unless the erection, construction, reconstruction, structural alteration, restoration, repair or moving of such building or other structure or part thereof and the intended use thereof are in conformity in all respects with the provisions of this chapter.
C. 
The Building Inspector shall obtain a written order from the Planning Board before issuing a certificate of occupancy in a case involving a special exception use and/or a site plan application pursuant to Article VII and VIII and shall obtain a written order from the ZBA before issuing a certificate of occupancy involving a variance from the provisions of this chapter.
D. 
No certificate of occupancy shall be issued unless all buildings or other structures and units as shown on the building permit application are completed in whole and are complying in every respect with this chapter and the State Uniform Fire Prevention and Building Code, except that the Building Inspector shall have the authority to issue a certificate of occupancy when a dimensional variance of not more than six inches is required due to improper siting of a building or other structure or a similar circumstance and when, in his sole discretion, such relief is warranted.
E. 
The Building Inspector may issue a certificate of compliance in place of and instead of a certificate of occupancy whenever he deems a certificate of compliance more appropriate than a certificate of occupancy; provided, however, that the procedure, prerequisites and fees for obtaining a certificate of compliance shall be the same as are applicable to a certificate of occupancy, and further provided that the term "certificate of occupancy," used in various places throughout this chapter, shall be deemed to include the term "certificate of compliance."
[Amended 6-19-2017 by L.L. No. 3-2017]
A. 
The Village Board may from time to time, on its own motion or on petition or on recommendation of the Planning Board, amend, supplement or repeal this chapter or any provisions thereof, including the Zoning Map, after public notice and hearing in accordance with state law.
B. 
A fee schedule shall be established, and changed as needed, by resolution of the Village Board. A copy of the fee schedule is on file with the Village Clerk's office. Petitions for amendments shall be submitted in quadruplicate to the Village Clerk's office.
C. 
Any petition for a change in the Zoning Map shall include the following:
(1) 
The name of the property owner.
(2) 
A map, accurately drawn to an appropriate scale, showing the proposed zone district boundary changes, property lines, the calculated areas affected, in acres or square feet, the street rights-of-way in the immediate vicinity and the lands and names of owners immediately adjacent to and extending within 200 feet of all boundaries of the property to be rezoned.
(3) 
A metes and bounds description of the proposed amendment.
(4) 
In the case of any petition for a change in the Zoning Map which is subject to review by the Suffolk County Planning Commission pursuant to §§ 239-1 and 239-m, Article 12-B, of the State General Municipal Law, the petitioner shall comply with any and all additional requirements which the Commission may deem necessary.
(5) 
A disclosure affidavit in the form prescribed by the Village Board.
A. 
It shall be the duty of the Building Inspector to administer and enforce the provisions of this chapter.
B. 
Should the 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, the Building Inspector shall refer the matter to the ZBA for interpretation and decision without the requirement of any application fee.
C. 
If the Building Inspector should mistakenly issue a building permit which violates the provisions of this chapter, that building permit shall be invalid.
D. 
Expiration and extension of building permits.
(1) 
Except as otherwise provided in this subsection, building permits issued by the Building Inspector shall expire automatically one year after the date of issuance of the permit.
(2) 
Upon good cause shown to the satisfaction of the Building Inspector, which good cause at the discretion of the Building Inspector shall include a situation deemed a hardship to the satisfaction of the Building Inspector, the Building Inspector is authorized to grant not more than two ninety-day extensions of the expiration date, or a total of 180 days, except that no extension shall be granted unless the proposed construction conforms to the provisions of this chapter in effect at the time application for the extension is made. Said extensions may only run consecutively and shall commence on the day following the expiration of the original permit or first extension thereof as applicable.
A. 
Violations. Where a violation of this chapter has been committed or shall exist, the owner and the agent or contractor of the building or other structure or lot where such violation has been committed or shall exist, the lessee or tenant of the part of or of the entire building or other structure or lot where such violation has been committed or shall exist, and the agent, architect, contractor or any other person who takes part or assists in such violation or who maintains any building or other structure or lot in which any such violation shall exist shall be guilty of a violation of this chapter.
B. 
Criminal penalties. A violation of this chapter is an offense punishable by a fine not exceeding $1,000 or imprisonment for a period not to exceed 15 days.
C. 
Administrative penalty.
(1) 
In addition to any other remedy available, where a person has been found guilty of a violation of this chapter after trial or a plea of guilty, and the Building Inspector determines that the violation continues to exist 30 days after such conviction, the Building Inspector shall certify the violation in writing to all other local agencies responsible for the issuance of approvals and permits under this chapter. A copy of the certification shall be mailed to the owner of the property as listed on the most recent assessment roll on file in the Village Clerk's office. However, failure to notify the property owner shall not have any effect on the validity of the certification.
(2) 
This certification shall include the location of the property by Suffolk County tax map number, the name of the individual or entity convicted of the violation and his or her relationship to the property and the nature of the violation.
(3) 
After receipt of the certification, no local board or agency shall accept, determine to be complete or otherwise process a new application or issue any approval with respect to a pending application under this chapter for the subject property.
(4) 
Until the violation identified in the certification has been removed or corrected or the Building Inspector has determined that the illegality no longer exists by virtue of a valid approval having been obtained to permit the structure or use that was certified as a violation, any time periods contained in the Village Law or in this chapter for action on an application shall be tolled for all purposes.
(5) 
This subsection shall not apply to an application brought to the appropriate local agency for an interpretation, variance, special use permit or change of zone to permit the structure or use which is the subject of the certification.
(6) 
After the violation has been removed or corrected or no longer exists by virtue of a valid approval having been obtained to permit the structure or use that was certified as a violation, the Building Inspector shall immediately rescind the certification and notify all boards and agencies that received the certification, in writing, that administrative review of applications on the property may be resumed.
D. 
In addition to other remedies provided by law, any appropriate action or proceeding, whether by legal process or otherwise, may be instituted or taken to prevent unlawful erection, construction, reconstruction, alteration, repair, conversion, moving, maintenance or use; to restrain, correct or abate any such violation; to prevent the occupancy of any building or other structure or lot; or to prevent any illegal act, conduct, business or use in or about such premises.