In their interpretation and application, the
provisions of this chapter shall be held to be the minimum requirements
adopted for the purpose set forth in the Village Law of the State
of New York. It is not intended by this chapter to repeal, abrogate,
annul or in any way to impair or interfere with any existing provisions
of law or ordinances or any rules, regulations or permits previously
adopted or issued or which shall be adopted or issued pursuant to
any law relating to the use of buildings, or premises; provided, however,
that where this chapter imposes a greater restriction upon the use
of buildings or land or upon the height of buildings, or requires
larger yards or other open spaces than are imposed or required by
such existing provisions of law or ordinances or by such rules, regulations
or permits, the provisions of this chapter shall control.
This chapter, including the Zoning Map, may
from time to time be amended, supplemented, changed, modified or repealed
by the Board of Trustees of the Village of Westbury, Nassau County,
New York, by proceeding for any such purpose and giving hearing thereof,
according to the provisions of the Village Law of the State of New
York.
The Planning Board of the Village of Westbury
is hereby empowered to confirm, modify, change or supplement these
zoning regulations in their application to any plot plan submitted
to it to the extent provided in and in accordance with the provisions
of the Village Law of the State of New York.
A.
No building or structure shall be erected until the
Superintendent of Buildings shall issue a permit certifying that the
proposed building and use complies in every respect with this chapter,
and all applications for such permits shall be in writing and accompanied
by a plot plan in duplicate drawn to scale showing the actual dimensions
of the lot, dimensions of the building or structure and of all open
spaces, the setback lines observed by buildings within the block and
such other information as the Superintendent of Buildings may consider
necessary to provide for the enforcement of this chapter.
B.
Such permit shall be issued for a period of six months
from the date thereof. In the event, however, of a change of the provisions
of this chapter or of the map accompanying the same during such period
of six months, which change or changes would prevent the issuance
of such permit if then applied for, and the Superintendent of Buildings
shall determine that work has not begun under such permit, he shall
revoke said permit and immediately send notice of revocation thereof
to the holder thereof at the address given in the application therefor.
The Superintendent of Buildings is also authorized at any time during
the life of such permit to revoke the same if it shall satisfactorily
appear to him that any material statement in or portion of the application
therefor is untrue or inaccurate. Within 10 days prior to the expiration
of such permit and upon a showing of sufficient cause therefor, and
in the event that no changes in this chapter or in the map accompanying
the same have been made to prevent, the Superintendent of Buildings
may extend the permit for a further period of six months, but such
extended permit shall be liable to all of the provisions of this section
as if the same were an original issuance thereof. A copy of this section
shall be printed upon each permit or extended permit issued by the
Superintendent of Buildings.
A.
It shall be unlawful to use or permit the use of any
land or part thereof or any buildings or structure or part thereof
or hereafter erected, constructed, reconstructed, altered, repaired,
changed or converted, wholly or partly in its use or structure, until
a certificate of occupancy to the effect that the building, structure
or land or the part thereof so erected, constructed, reconstructed,
altered, repealed or used and the proposed use thereof conforms to
the provisions of this chapter shall have been issued by the Superintendent
of Buildings of the Village of Westbury. In any such case it shall
be the duty of the Superintendent of Buildings to issue a certificate
of occupancy within 10 days after a request for the same shall have
been filed in his office by any owner of a building or land affected
by this chapter, provided that said building or land, or the part
thereof so erected, constructed, reconstructed, altered, repaired
or used, and the proposed use thereof conforms to all the requirements
herein set forth.
B.
A temporary certificate of occupancy for a part of
a building may be issued by the Superintendent of Buildings.
C.
Upon written request from the owner, the Superintendent
of Buildings shall issue a certificate of occupancy for any building,
structure or land existing at the effective date of this chapter,
certifying, after inspection, the use of the building, structure or
land and whether such use conforms to the provisions of this chapter.[1]
[1]
Editor's Note: Former § 50-220,
Enforcement, remedies and penalties, as amended, which immediately
followed this section, was repealed 10-7-1993 by L.L. No. 3-1993.
[Added 10-7-1993 by L.L. No. 3-1993]
A.
Enforcement official. This chapter shall be enforced
by the Superintendent of Buildings and by such other person or persons
specifically designated and authorized by the Board of Trustees to
enforce the same.
B.
Determinations. The Superintendent of Buildings is
hereby empowered to decide any questions arising under the provisions
of this chapter relative to the interpretation and applicability of
any definition or provision of this chapter or of any rule or regulation
made pursuant hereto.
C.
Minor encroachments. The Superintendent of Buildings
is hereby empowered, in his discretion, to issue certificates of occupancy
or certificates of completion for existing structures upon the delivery
of a certified survey which reflects the encroachment into required
side, rear or front yards per this Code or as required pursuant to
a variance application which encroach into said required side, rear
or front yards by no more than six inches.
[Added 10-1-1998 by L.L. No. 8-1998]
[Added 10-7-1993 by L.L. No. 3-1993]
A.
Any owner, lessee, contractor, agent or other person
who uses or maintains, or causes to be used or maintained, any building,
structure or premises or any part thereof in the Village for any purpose
other than the uses permitted therefor by this chapter or who erects,
constructs, reconstructs, moves, alters, repairs, converts, leases
or rents or maintains, occupies or uses the same, except in conformity
with the provisions of this chapter, or any person who otherwise violates
or causes to be violated any provision of this chapter, including
any architect, engineer, builder, contractor or other person employed
in connection with such premises who shall have assisted, aided or
abetted in the commission of any such violation of this chapter, or
any person who suffers or allows any violation of this chapter to
occur or exist on premises owned or leased by such person or that
is otherwise under such person's control, including such person's
agent or contractor, shall be guilty of a violation of this chapter
and, on conviction therefor, shall be liable to punishment as hereinafter
provided. For the purposes of this subsection, the violation of any
rule or regulation made under the authority of this chapter shall
be deemed a violation of this chapter.
B.
Whenever such person shall have been notified by the
enforcement official, either by service of a notice of violations,
an appearance ticket or a summons and information or in any other
way, that he or she is violating any provision of this chapter, or
any rule or regulation made pursuant hereto, each week's continued
violation after such notification shall constitute a separate additional
offense.
C.
In case any building, sign, signboard, structure,
fence or rental dwelling unit, or any part thereof, is erected, constructed,
reconstructed, moved, altered, repaired, converted, maintained, rented
or used or any land is used or any hedge, tree, shrub or other growth
is maintained in violation of any provision of this chapter or of
any rule or regulation made under the authority thereof, in addition
to other remedies provided by law, any appropriate action or proceeding,
whether by legal process or otherwise, may be instituted or taken
by the construction, reconstruction, moving, alteration, repair, conversion,
maintenance, rental or use to restrain, correct, abate or remove such
violation, to prevent the unlawful occupancy or use of such building,
sign, signboard, structure, fence or rental dwelling unit or the unlawful
use of any land or to prevent any illegal act, conduct, business or
use in or about such premises.
[Added 10-7-1993 by L.L. No. 3-1993;
amended 5-1-2014 by L.L. No. 6-2014]
A.
Any violation of this chapter, except for a violation of § 248-283, or any rule or regulation made under authority conferred thereby, shall be deemed a violation, and any person found guilty thereof shall be liable and punishable for each such violation as follows: by a fine not less than $100 nor more than $1,000 or by imprisonment for a period not to exceed 15 days, or both, for a conviction of a first offense; by a fine not less than $1,000 nor more than $2,500 or by imprisonment for a period not to exceed 15 days, or both, for a conviction of a second offense, both of which offenses were committed within a period of five years; and by a fine not less than $2,500 nor more than $10,000 or by imprisonment for a period not to exceed 15 days, or both, upon a conviction of a third or subsequent offense, all of which offenses were committed within a period of five years.
B.
Any violation of § 248-283, or any rule or regulation made under authority conferred thereby, shall be deemed a violation, and any person found guilty thereof shall be liable and punishable for each such violation as follows: by a fine not less than $250 nor more than $1,000 or by imprisonment for a period not to exceed 15 days, or both, for a conviction of a first offense; by a fine not less than $2,500 nor more than $5,000 or by imprisonment for a period not to exceed 15 days; or both, for a conviction of a second offense, both of which offenses were committed within a period of five years; and by a fine not less than $5,000 nor more than $10,000 or by imprisonment for a period not to exceed 15 days, or both, upon a conviction of a third or subsequent offense, all of which offenses were committed within a period of five years.
C.
Such fines shall be collected as like penalties are
now by law collected.
D.
Administrative fee for late payments. In the event that a fine is
assessed for a conviction (or plea agreement which results in a conviction)
of any provision of this chapter and a payment plan is agreed to by
the defendant and the people and the defendant fails to pay such fine
at the time agreed to, the defendant shall also be assessed a late
fee in an amount to be set by the Board of Trustees, per month (or
portion thereof) that the payment is late. In the event that the payment
plan is split into multiple payments, late fees shall be applied to
each individual partial payment which is late. Late fees shall be
automatically added to the amount owed, but the Village Justice shall
have the power to waive such fee upon application and a showing of
unavoidable lateness.
[Added 12-7-2017 by L.L.
No. 7-2017]
During the absence of the Superintendent of
Buildings or his inability to act, all powers and duties conferred
upon him by this chapter shall vest in the Village Clerk of the Village
of Westbury.
[Added 10-19-2005 by L.L. No. 6-2005; amended 6-5-2008 by L.L. No. 2-2008; 12-5-2013 by L.L. No. 5-2013]
A.
Where the Zoning Board of Appeals, at its discretion,
grants a variance to the provisions of the Code relating to the number
of off-street parking spaces required to be provided in connection
with a proposed building, a building enlargement or an increase in
the intensity of use of a building, the applicant shall be required
to pay a fee to the Village, to be deposited into the Village's capital
fund, in a special account designated for the maintenance of Village
roads, streets and parking lots and facilities. The amount of the
fee for which a variance is granted shall be set forth on the Village's
"Schedule of Fees,"[1] as amended from time to time, provided that such fee for
which a variance is granted shall not be less than the sum of: an
amount equal to $125 for each space subject to the variance for the
first 25 spaces; plus $200 for each of the next 25 spaces subject
to the variance; plus $275 for each of the next 50 spaces subject
to the variance; plus $350 for each space over 100 spaces subject
to the variance. In addition, the applicant or subsequent owner of
the property subject to the variance shall in addition pay to the
Village, as a part of the fee due, the amount of $50 for each space
subject to the variance for each year thereafter. The initial portion
of the fee shall be paid to the Village by the applicant within 10
days after the grant of the variance, and the annual portion of such
fees shall be paid to the Village the applicant or any subsequent
property owner, in perpetuity, on January 1 of each year.
[1]
Editor's Note: Said schedule is available
in the Village offices.
B.
In the event that a recipient of a parking variance shall believe that, due to extraordinary or unusual circumstances, the application of § 248-337A would result in a hardship or unreasonable burden, then such recipient may make application to the Board of Trustees for relief from such application. Such relief shall only be granted if, in the discretion of the Board of Trustees, the grant of the variance, and the need therefor, are the result of circumstances beyond the control of the recipient of such variance and the application of such provisions would be unconscionable or an unreasonable burden on such recipient's use and enjoyment of the property and that such hardship or burden outweighs the public benefit to the Village resulting from the application of § 248-337A.
C.
In the event that a recipient of a parking variance shall fail to pay the initial fee or annual fee, as required by § 248-337B, the total fee required may be assessed upon the real property which has been granted the benefit of the variance, and said fee shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected by the Village Treasurer in the manner provided by law for collection of delinquent taxes.
