(a)

In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the health, safety, morals and general welfare of the village.

(b)

It is not intended by this chapter to amend, repeal, abrogate, annul, impair or interfere with covenants, easements or restrictions between persons, nor to rescind a building permit heretofore validly issued by the building inspector of the village where vested rights have been secured thereunder. However, no provision in any such covenant, deed restriction, permit or contract shall be deemed to justify noncompliance with any provision of this chapter.

(Code 1975, § 90-94)

(a)

There is hereby designated a public official of the village to be known as the building inspector, who shall be appointed by and serve at the pleasure of the village board of trustees.

(b)

The village board of trustees may appoint one (1) or more deputy building inspectors as needed to act under the supervision of the building inspector. The deputy building inspector(s) shall serve at the pleasure of the board of trustees and shall have all of the duties and powers of the building inspector. For purposes of the Code of the village, both the building inspector and deputy building inspectors are referred to as building inspector.

(c)

The building inspectors, except as otherwise specifically provided by law, shall administer and enforce all the laws, rules and regulations of the Village of Bellport. The building inspector shall receive and review all building and/or demolition applications and issue or deny same. The building inspectors are authorized to issue certificate of occupancies (CO), certificate of zoning compliances (CZC), certificate of existing uses (CEU), stop work orders, revoke building permits, order the removal of unsafe buildings or structures, to inspect properties for conformance with a building permit, inspect properties for compliance with the laws of the Village of Bellport and the State of New York, and to issue violations.

(d)

Whenever the building inspectors have reasonable grounds to believe that any work or construction on any building, structure or at any property within the village is in violation of any provision of the Code, the laws of Suffolk County or the State of New York, or that such work or construction is unsafe or dangerous, or that it shows significant variation from plans approved by the planning board, the zoning board of appeals, the architectural review board, or the historic commission, they are authorized to issue a stop work order.

An immediate stop work order may be make verbally by a building inspector to the owner of the property or the person named on the building permit or any persons doing the work. All persons receiving a verbal stop work order from a building inspector shall immediately stop and suspend all work and construction activities at the subject property for forty-eight (48) hours. The owner of the property or the person named in the building permit shall, immediately yon receiving a stop work order from a building inspector notify all persons doing the work to stop and suspend work.

A stop work order may be issued in writing by a building inspector either as formalization of a verbal stop work order or as an initial order. Written stop work orders shall provide that no further construction or work shall be done at a location (unless limited to specific structures or work) until further written notice from the building inspector. The written stop work order shall also contain the reasons for the stop work order and the conditions upon which construction or work may resume.

The written stop work order shall be served personally upon the owner of the property (as listed on the tax rolls of the Village of Bellport) or personally on the person named on the building permit or by mailing it by certified mail to the owner of the property (as listed on the tax rolls of the Village of Bellport) or the person named on the building permit. A copy of the stop work order shall also be posted at a conspicuous location on the property.

All persons receiving a stop work order whether verbal or written shall immediately notify all workers and contractors under their employ to comply with the order. All persons failing to comply with a stop work order of a building inspector shall be in violation of this Code and shall be subject to a fine of not more than one thousand dollars ($1,000.00) a day.

(e)

The building inspector shall have the right, power and authority to revoke a building permit in the following instances:

(1)

Where the building permit proposes construction or work in violation of the Code, the laws of the County of Suffolk, or the laws of the State of New York.

(2)

Where the proposed construction or work has not been properly approved by, or differs from what has bee approved by, the planning board, the zoning board of appeals, the architectural review board, or the historic commission.

(3)

Where the building permit was obtained upon a false statement or misrepresentation of the applicant or his representative.

(4)

Where the building permit was issued in error by the building inspector.

(5)

Where the building permit applicant, the owner or the property, or the persons doing the work at the property fail to comply with a stop work order.

The building inspector shall serve notice of revocation of a building permit personally upon the owner of the property (as listed on the tax rolls of the Village of Bellport) or personally on the person named on the building permit or by mailing it by certified mail to the owner of the property (as listed on the tax rolls of the Village of Bellport) or by certified mail to the person named on the building permit and shall in addition post a copy of the notice at a conspicuous location on the property.

Any person aggrieved by revocation of a building permit may appeal the building inspector's notice of revocation to the village zoning board of appeals within thirty (30) days of said decision.

(Code 1975, § 90-95; L.L. No. 1-2005; L.L. No. 5-2007)

All applications for permits required by the provisions of this chapter shall be made to the building inspector in the manner prescribed herein.

(a)

Conditional use permits.

(1)

All applications for conditional use permits shall be made to the building inspector who shall forward the application promptly to the board of appeals for a determination as to whether such permit would be granted for the particular purpose in the particular location, prior to any determination by the building inspector as to conformity of the proposed use, structure, plans and specifications with the building code and any other applicable provisions of this chapter. A copy of the determination of the board of appeals shall be filed with the building inspector.

(2)

On any application for a conditional use permit hereunder, the procedure set out in section 21-134 of this chapter, shall be followed and the fees hereinafter specified shall be paid at the time of filing.

(b)

Building permits.

(1)

A building permit shall hereafter be obtained prior to construction, erection, or alteration of any building or structure or part thereof.

(2)

A building permit shall be issued upon the submission and approval of plans drawn in compliance with the provisions of the building code of the village and the County of Suffolk Health Department, provided such permit is approved by the building inspector as being in conformity with all pertinent provisions of this chapter. If a permit be refused on the ground that the use or proposed method of construction, erection or alteration of a building or structure or part thereof does not conform with the provisions of this chapter, the notice of rejection shall specifically set forth the particulars in which such nonconformity exists.

(3)

Applications for building permits shall be accompanied by preliminary plans of the structure, showing compliance with the requirements hereof, and by plot plans in duplicate, drawn to scale, showing the location, dimensions, monuments, radii and angles of the lot, its relation to all lands and streets contiguous thereto, contiguous lands owned by the applicant, directly or indirectly, the size and location of existing and proposed buildings and structures on the subject property and on such contiguous properties within fifty (50) feet of the common boundary, the lines and locations of lines within which the buildings are proposed to be erected or altered and the existing or proposed occupancy thereof and proposed means of access thereto, together with the survey and, when required by the building inspector, the results of soil bearing and percolation tests at proposed building locations, all made by a licensed surveyor or professional engineer. Where a building permit, other than the limited building permit hereinafter described in subsection (b)(5) is applied for, the application shall also be accompanied by the building plans and specifications, in accordance with Article 147, Section 7037 (1-5) of the NYS Education Law, showing compliance with the requirements of the building code.

All applications for a building permit shall include the signature of the owner of the subject property signed under oath (subject to the penalties of perjury) and notarized. All drawings and/or plans, except surveys and site plans, submitted by an applicant for a building permit that requires a professional certification, as per the New York State Educational Law, must be drawn in one-quarter (¼) inch scale. The requirements for surveys and site plans, including age and scale, shall be determined by the building inspector.

(4)

The applicant shall also furnish such additional pertinent information respecting the proposed use or work as may be requested by the building inspector or village engineer as necessary to determine the propriety of the issuance of a permit.

(5)

Reserved.

(6)

That upon the issuance of a building permit, the building inspector shall approve the drawings and or plans that are the subject of the building permit by stamping and signing at least three (3) copies of them. The building department shall retain at least one (1) copy and two (2) copies shall be given to the applicant. Both the building permit and at least one (1) copy of the approved drawings and plans shall be kept at the building site, at all times, and open to inspection by the building inspector.

(c)

Demolition permits.

(1)

Demolition permits shall be applied for in the same manner as building permits except no plans shall be required. Any such permits shall expire thirty (30) days form the date, of issuance. However, specifications and diagram showing methods to be used for shoring buildings may be required by the building inspector. The building inspectors shall establish fees for a demolition permit.

(2)

All applications for a demolition permit shall include the signature of the owner of property being demolished, signed under oath as to the truth of the information set forth on the application. The owner's signature shall also be notarized. A copy of the demolition permit shall be kept at the building site and open to inspection by the building inspector.

(3)

A demolition permit shall be required when any building or structure or part thereof in excess of one hundred (100) square feet is to be removed by the applicant. Prior to the issuance of a demolition permit the following may be required by the building inspector, as applicable:

a.

An asbestos survey, of that part of the building or structure being demolished, indicating all asbestos has been removed from the building or structure.

b.

A certification from all utility suppliers, including the water authority, that all service to the site has been disconnected.

c.

An insurance certificate naming the village as additional insured in an amount to be determined by the village attorney.

(4)

A violation of this section shall be punishable by a fine up to ten thousand dollars ($10,000.00) unless said violation occurs to a building or structure that has been land marked as a historic building or structure by the village board or is situated in a historic district. The maximum fine for a violation of this section concerning a building or structure that has been land marked or is in a historic district shall be the market value of the demolished property.

All applications for a demolition permit shall include the signature of the owner of the subject property signed under oath (subject to the penalties of perjury) and notarized. All drawings and/or plans, if any, submitted by an applicant for a demolition permit that requires a professional certification, as per the New York State Educational Law, must be drawn in one-quarter (¼) inch scale, except surveys and site plans which shall be in a format acceptable to the building inspector.

That upon the issuance of a demolition permit, the building inspector shall approve, if applicable, the drawings and or plans that are the subject of the demolition permit by stamping and signing at least three (3) copies of them. The building department shall retain at least one copy and two copies shall be given to the applicant. Both the demolition permit and at least one (1) copy of the approved drawings and plans shall be kept at the building site, at all times, and open to inspection by the building inspector.

(d)

Applications, drawings and plans submitted to the zoning board of appeals, architectural review board, planning board and historic preservation commission. All applications submitted in regards to the planning board, zoning board of appeals, architectural review board and historic preservation commission shall include the signature of the owner of the subject property signed under oath (subject to the penalties of perjury) and notarized. All drawings and/or plans, except surveys and site plans, submitted in conjunction with said application and for consideration by the zoning board of appeals, architectural review board, planning board and historic preservation commission that requires a professional certification, as per the New York State Educational Law, must be drawn in one-quarter (¼) inch scale. The requirements for the format of surveys and site plans, including age and scale, shall be determined by the building inspector in conjunction with input from the applicable boards.

(Code 1975, § 90-96; L.L. No. 1-1992, § 4; L.L. No. 7-2000; L.L. No. 1-2006; L.L. No. 5-2007; L.L. No. 2-2007)

Cross reference— Buildings and building regulations, ch. 5.

(a)

The board of trustees may from time to time on its own motion or on petition or on recommendation of the planning board amend, change, supplement or repeal the provisions of this chapter, including the building zone map after public notice and hearing.

(b)

A petition requesting a change of use district classification shall be addressed to the board of trustees and must contain the original signature of each petitioner and shall state clearly and concisely the following:

(1)

Change desired.

(2)

The reasons therefor.

(3)

A precise description of the boundaries of the property requested to be changed.

(4)

A statement as to whether or not the property is within five hundred (500) feet of the boundary line of any incorporated village, township, state park or state parkway.

(5)

The name and addresses of each petitioner.

(c)

Such petition may be brought by the owners of the premises affected or by a contracting purchaser thereof.

(d)

All signatures to a petition shall be duly verified.

(e)

The following shall be submitted with the petition and shall be filed with the village clerk:

(1)

Original and three (3) copies of the petition each accompanied by a diagram prepared by a professional engineer or licensed surveyor showing the outer boundaries of the parcel of land involved and all land within five hundred (500) feet of such boundaries.

(2)

A filing fee, which shall be fixed by resolution of the village board.

(f)

No petitions shall be accepted or filed with respect to any property which has been the subject of a public hearing under this section during the period of six (6) months immediately following such public hearing unless such petition shall have endorsed thereon the consent to the filing thereof of at least three (3) of the four (4) trustees as well as the mayor of the village.

(Code 1975, § 90-97; L.L. No. 1-1992, § 5)

No permit shall be issued for the erection of any building which has frontage, access to, or is otherwise directly related to any existing building or any existing or proposed county road, drainage system or drainage right-of-way, as shown on a Suffolk County official map, except in accordance with the provisions of section 239-k of the General Municipal Law and applicable amendments thereto.

(Code 1975, § 90-98)

Where extraordinary topographical conditions exist with respect to the lot upon which a building or structure is sought to be erected, the building inspector may require the applicant to furnish a topographical survey with contours of two (2) feet, showing existing grades and proposed grades on the site. In such case, no permit shall be issued unless the building inspector finds:

(1)

That, where a subdivision is involved, the proposed grading of land conforms to a grading plan duly approved by the planning board of the village in connection with a subdivision plan.

(2)

That said work will not create any undue hazard on the land in question, on any abutting road or drainage system or on adjacent property due to excess drainage, soil erosion, silting, or other conditions resulting from improper excavation or grading or disturbance of existing topography, ground or other natural features.

(3)

That the proposed work does not constitute any development of a subdivision heretofore disapproved or pending before the planning board of the village.

(4)

That, if fill be proposed to be placed on the land, following such action the land will have a soil-bearing capacity sufficient for the use contemplated to be made of it.

(5)

That the proposed change in topography will not materially adversely affect the value of adjacent property or property in the immediate neighborhood thereof due to excess drainage, soil erosion, silting or other conditions.

(Code 1975, § 90-99)

After issuance of a building permit and upon completion of the foundation wall of the building, unless waived by the building inspector, the owner or his authorized agent shall submit to the building inspector a certified plot plan prepared by a land surveyor licensed to practice in the State of New York, showing the location of the building on the property. No building shall hereafter be constructed above the foundation walls until the said plot plan as so prepared has been approved by the building inspector as complying with the provisions of this chapter. No certificate of occupancy shall be issued for any building fronting on a village street or village drainage system unless the completed work conforms with grading plans theretofore approved as aforesaid.

(Code 1975, § 90-100)

(a)

When required. A certificate of occupancy shall be required prior to occupancy and use of a building hereafter constructed, erected or altered; change in use of an existing building; occupancy and use of unimproved or vacant land except for farming, as defined herein; change in use of land to a use of a different classification; or any change in the occupancy or use of a vested nonconforming building or use. No occupancy, use or change of use described above shall take place until after issuance of a certificate of occupancy by the building inspector, as provided herein.

(b)

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 so long as the procedures, prerequisites and fees for obtaining said certificate are the same as a certificate of occupancy. The term "certificate of occupancy" as used in this chapter shall be deemed to include the term "certificate of compliance".

(c)

The building inspector may issue a certificate of existing use for those buildings, structures whose use is conforming to the Village Code but were erected prior to enactment of a law requiring a building permit for said building(s) and/or structures(s). In those situations that the building inspector is not sure of the pre-existing nature of the building(s) and/or structure(s), he shall refer the matter to the zoning board of appeals for a determination.

(d)

The building inspector may issue a certificate of existing use for a nonconforming use only after a hearing and approval by the zoning board of appeals.

(Code 1975, § 90-101; L.L. No. 1-1992, §§ 6, 7; L.L. No. 1-2005; L.L. No. 5-2007)

Any building permit required to be issued by the building inspector pursuant hereto shall lapse and shall become null and void after the expiration of one (1) year from its date of issuance. The building inspector shall renew said permit upon receipt of an application for renewal, together with the requisite renewal fee, which shall be one-half (½) the original building permit fee. Application for renewal must be received by the building inspector thirty (30) days before expiration of the original term. The renewed permit shall be good for one (1) year from the date of its issuance. At the conclusion of said extension period, the permit shall lapse and become null and void.

(Code 1975, § 90-102; L.L. No. 1-1992, § 8)

(a)

The building inspector shall establish fees for building permits for the alteration, construction, demolition or moving of any kind or nature, including accessory buildings, and for swimming pools, fireplaces and retaining walls, which fees shall be paid by cash or certified check, payable to the Incorporated Village of Bellport, prior to the issuance of such permit. A schedule of fees will be available at the office of the village clerk.

(b)

Such schedule of fees shall also include fees for limited building permits as described in section 21-56(b)(5) and certificates of use, duplicate certificates of occupancy, letters in lieu of certificate of occupancy and conditional use permits.

(Code 1975, § 9-103; L.L. No. 2-1976)

(a)

Violations. It shall be unlawful for any person to erect, construct, alter, convert or maintain any building or structure or to use or permit the use or occupancy of any buildings, structure or land in violation of these regulations.

(b)

Penalties.

(1)

Any person or persons who violate or permit, take part in or assist in any violation of this chapter shall, for each and every violation thereof and for each and every day that such violation thereof continues, be deemed to be disorderly, and, on conviction, shall be subject to a fine of not more than one thousand dollars ($1,000.00) for each violation, in default of payment of which an individual violation shall be subject to imprisonment for a term of not exceeding one (1) day for each one dollar ($1.00) of such fine which remains unpaid.

(2)

If any person fails to abate any violation of this chapter within ten (10) calendar days after written notice has been served upon said person, or within fifteen (15) days after written notice has been sent to said person by registered mail at his home or business address, said person shall be subject to a civil penalty of one thousand dollars ($1,000.00) for each and every day that each and every violation continues, recoverable by suit brought by the village.

(3)

Any person who shall make a false statement as to any material fact on any application made or required to be made hereunder, or who shall omit in his application any material information required hereby, shall be subject to a fine of not more than one thousand dollars ($1,000.00) and shall be liable for damages to such persons who shall have been adversely affected by the issuance of a permit based, in whole or in part, upon false statements and by work done upon such applicant's land pursuant to such permit.

(Code 1975, § 90-104; L.L. No. 11-1975; L.L. No. 1-2005)

(a)

Procedure.

(1)

In each case where a building, structure or use or alteration thereof is proposed in Business E District or Professional Business District, except for one-family residence dwellings, permitted agricultural uses and customary accessory uses thereto, the building inspector shall refer the site plan of the proposed building, structure or use or alteration thereof to the Village of Bellport Planning Board for its review pursuant to the provisions of this section.

(2)

The chairman of the planning board may require a public hearing in connection with its considerations or deliberations upon any site plan submitted to it.

(3)

There shall be submitted with the application for site plan approval a copy of any restrictive covenant running in favor of the village or any other political subdivision. If there is no restrictive covenant, applicant shall furnish an affidavit that such is the case.

(4)

The planning board shall verify that all of the requirements of this section and all other municipal ordinances, rules, regulations and laws have been complied with prior to granting approval.

(5)

Notice of public hearing, if required, shall be published no less than five (5) days nor more than twelve (12) days prior to the public hearing, in a newspaper having general circulation in the village. The applicant shall cause notice of said hearing to be sent, in writing, by certified mail, return receipt requested, at least five (5) days prior to the hearing date to all property owners within two hundred (200) feet as shown on the current tax rolls of the village. The applicant shall file an affidavit of mailing with the planning board or at said hearing.

(6)

The planning board shall review ingress and egress to and from public streets and highways, drainage facilities and traffic patterns upon the premises, location and placement of parking spaces and areas, loading spaces and areas, curbs, sidewalks, screening, landscaping, architectural features, location and dimensions of buildings, impact of proposed use on adjacent land uses, access driveways, lights and signs to be placed upon the premises and drainage, all as may be required under this section or by any other municipal agency and such other elements as may be reasonably related to the health, safety and general welfare of the community.

(7)

The planning board may approve, approve with modifications or disapprove any site plan submitted to it. If a site plan is disapproved, the planning board shall set forth its reasons.

(8)

No building permit shall be issued by the building inspector in Business E District and/or Professional Business District without site plan approval and/or a special permit from the zoning board of appeals, the appropriate highway work permits and approval of the Suffolk County Health Department of the sanitary system and water supply.

(b)

Application requiring variance or special permit. In any case where a site plan requires a variance or special permit from the zoning board of appeals in order to construct or use the premises as shown on the site plan, such application shall be made simultaneously with the filing of the application with the planning board. Action by the zoning board of appeals shall be deferred pending a decision by the planning board regarding the site plan. The zoning board of appeals shall consider recommendations of the planning board and may incorporate the same as a condition of its grant. Variance and special permit grants shall be deemed incorporated in the site plan.

(c)

Fees. Applications for site plan approval shall be accompanied by a fee which shall be fixed by resolution of the village board. Said fee shall be payable to the village planning board. In addition, the applicant shall pay to the village an inspection fee of two (2) percent of the costs of all on-site improvements as estimated by the village engineer. The fee to review an application to amend a previously approved site plan shall be set by resolution of the village board.

(d)

Exceptions to site plan approval. Notwithstanding any of the provisions of this section to the contrary, site plan approval need not be obtained for the addition to a building or structure upon the following conditions:

(1)

The addition is not more than twenty (20) percent of the floor area of the existing structure or one thousand (1,000) square feet of floor area, whichever is less.

(2)

The addition is the first one following an approval of a site plan. With respect to a second or further addition, site plan approval shall be required as provided in this section. This limitation shall apply regardless of whether or not the applicant or his predecessor in title made application for the building permit for the first addition.

(3)

All other requirements of this section shall be complied with, except as may be varied by the board of appeals.

(e)

Amendment of site plans. Whenever an application for an amendment to a previously approved site plan shall be submitted to the planning board, the applicant shall submit the previously approved site plan, together with all amendments noted thereon. The planning board shall determine compliance with the applicable village ordinances as of the date of submission of the application for an amended site plan.

(f)

Planning board rules. The planning board may adopt such rules as it deems necessary to exercise the powers herein granted.

(g)

Conformance with site plan. Any property developed or used pursuant to an approved site plan shall be developed, maintained and used in conformity with the provisions of said site plan. Any variation must be reviewed and approved by the planning board pursuant to the provisions of this section.

(h)

Revocation and discontinuance of use. Upon the recommendation of the chief building inspector or the planning board, the village board may revoke an existing certificate of occupancy or certificate of use upon a showing that the subject premises is being occupied or used in violation of an approved site plan and may direct that such occupancy or use be discontinued. Said order of the village board shall be made after a hearing held on notice to the last owner of record of the subject premises as indicated by the current assessment roll. In the event that the village board directs that such occupancy or use be discontinued or in the event that a parcel is being used or occupied without an approved site plan, the village attorney is authorized to commence proceedings in a court of appropriate jurisdiction to restrain said use or occupancy.

(Code 1975, § 90-105; L.L. No. 3-1982; L.L. No. 1-1992, §§ 9—12)

The chairperson of the zoning board of appeals, the architectural review board and the planning board shall cause to be delivered to all chairpersons of the other of the above enumerated boards prior notice of all scheduled hearings containing the names of all applicants, the location for which approval is sought and the nature of the application to be heard and shall thereafter forward copies of all determinations thereon.

(Code 1975, § 90-106; L.L. No. 7-1986)

The zoning board of appeals, architectural review board, planning board, historic preservation commission, water front commission and building department, in connection with their review of any application which may come before them, may upon the approval of the village clerk, retain an expert and or consultant (professional review service) that they deem necessary to enable them to properly review said application. Fees charged by such experts and consultants shall be in accord with fees usually charged for such services in the New York metropolitan region and pursuant to a contractual agreement between the village and such professional. The applicant shall pay the village for the cost of such professional review services. Payment shall be made to the village in two (2) installments. The first payment shall be a retainer of the estimated cost of the professional services. The last payment shall be the balance due after the village has received the final invoice from the professional. An applicant's failure to pay said fee shall be deemed to render an applicant's application incomplete for review purposes.

(L.L. No. 2-2008)

(a)

A nonconforming building or structure that legally exists may continue except as provided herein. A nonconforming building or structure shall be considered legally existing if the entire building or structure, as presently configured and used, has a valid certificate of occupancy (CO) and/or, certificate of zoning compliance (CZC) and/or a certificate of existing use (CEU) for it. No unlawful existing nonconforming building or structure shall be used or occupied.

(b)

The building inspector may issue a CEU for a nonconforming building or structure constructed prior to the enactment of the law or laws that render it nonconforming, so long as the present use of the building or structure is permitted in the zoning district at the time of application. If the current use of the building or structure is not permitted then the building inspector shall refer the matter to the zoning board of appeals for a ruling as to the validity of the application before the building inspector may issue a CEU for a nonconforming use.

(c)

A legally existing nonconforming building or structure shall not be enlarged, expanded or altered except as follows:

(1)

The use of the building or structure is permitted and conforms with the requirements of this chapter, and

(2)

The proposed enlargement, expansion or alteration of the building or structure conforms with all area requirements of this chapter, excepting minimum lot area and street frontage requirements. In no event shall the degree of nonconformity be increased.

(d)

No building, structure or lot used for a nonconforming use shall be enlarged, expanded or altered. A nonconforming use may be changed to a conforming use. Immediately, upon said change, the nonconforming use shall be deemed abandoned.

(e)

A building, structure or lot used for a nonconforming use shall be deemed abandoned when such use has been discontinued for a period of twelve (12) consecutive months. A nonconforming use that has been abandoned shall not be thereafter reinstated.

(Code 1975, § 90-66; L.L. No. 1-1994; L.L. No. 5-2007)

(a)

No lot or parcel of land conforming to the area requirements of the Village Code shall be reduced in size or below the minimum lot size required by this chapter.

(b)

On legally existing vacant substandard lots, a building and structures may be erected without a variance so long as all area requirements of this chapter are complied with the exception of minimum lot area and street frontage.

(Code 1975, § 90-67; L.L. No. 1-1994; L.L. No. 5-2007)

(a)

Damage or destruction of a nonconforming building or structure by fire or other involuntary actions, accidents or acts of nature. If a legal nonconforming building or structure is damaged or destroyed by fire, accident or other act of nature then the owner of said building or structure shall have the right to rebuild and reconstruct that building or structure as too the exact dimensions as existed prior to the fire, accident or involuntary incident or act of nature. The owner must comply with all NYS Building and Fire Codes as well as all Suffolk County Health Code Rules and Regulations.

(b)

Damage or destruction of a nonconforming building or structure by any means other than fire or other involuntary action, accidents or acts of nature. If fifty (50) percent or more of a legal nonconforming building or structure is damaged or destroyed for any reason or means other than by fire or other involuntary actions, accidents or acts of nature, then the owner does not have a right to rebuild the nonconforming building or structure as had existed. Any proposed construction must comply with the current Code of the Village of Bellport and the laws of the State of New York and the County of Suffolk.

(Code 1975, § 90-68; L.L. No. 8-1990; L.L. No. 1-1994; L.L. No. 1-2006)

In the event that a nonconforming use is reconstructed in accordance with the provisions of this article and the plot upon which such use is located is adjacent to or abuts residentially zoned property, the board of trustees shall have the right to require the owner or occupant of the business property to erect such fences or hedges, or both, and to establish such buffer strips along the boundary lines between the business property and the residential property as the board may deem feasible.

(Code 1975, § 90-69)

Editor's note— L.L. No. 5-2007, adopted Mar. 26, 2007, deleted § 21-90 in its entirety. Former § 21-90 pertained to discontinuance and derived from Code 1975, § 90-70.

A board of appeals, consisting of five (5) members, as provided by the village law, is hereby created. The terms of the members of said board, as they now exist, are hereby continued. The new members and the successors of the present members shall be appointed for a term of three (3) years by the board of trustees. The village clerk shall be deemed secretary of the board of appeals. The chairman shall be designated by resolution of the village board.

(Code 1975, § 90-73; L.L. No. 1-1992, § 21)

The meetings and procedure of the board of appeals shall be governed by the applicable provisions of the village law of State of New York, as amended from time to time. The applicant shall cause notice of said hearing to be sent in writing, by certified mail, return receipt requested, at least twenty (20) days prior to the hearing date to all property owners within two hundred (200) feet of the subject property, as shown on the current tax rolls of the village. The applicant shall file an affidavit of mailing with the board before or at such hearing. The board shall adopt rules and regulations, not inconsistent with law or the provisions of this chapter governing its procedure and the transaction of its business. Such board shall keep minutes of its proceedings and records of its examinations and other official actions, which minutes and records shall be a public record. Each decision of the board shall be recorded and shall fully set forth the circumstances of the case and the findings upon which the decision is based.

(Code 1975, § 90-74; L.L. No. 1-1992, § 22; L.L. No. 1-1999)

The board of appeals shall have all the powers conferred upon it pursuant to Article 7 of the New York State Village Law, including the power to grant use and area variances and to impose reasonable conditions and restrictions upon such variances; and the power to review, reverse, affirm or modify any order, requirement, decision, interpretation or determination made by any administrative official charged with the enforcement of the provisions of this chapter, chapter 22 and chapter 23 of this Code. In addition, the board of appeals shall have such powers as may be specifically conferred upon it by the provisions of the Village Code and any subsequent enacted amendments thereto.

(Code 1975, § 90-75; L.L. No. 3-1978; L.L. No. 6-2005)

Cross reference— Swimming pools, ch. 19.

Editor's note— Local Law No. 5-2003, adopted on July 28, 2003, deleted § 21-106 in its entirety. Former § 21-106 pertained to findings and derived from Code 1975, § 90-76 and L.L. No. 3-1978.

The board may prescribe such conditions or restrictions applying to the grant of a variance as it may deem necessary in the specific case, in order to prevent or minimize any adverse effects of such variance upon other property in the neighborhood. Such conditions or restrictions shall be incorporated in the zoning permit and certificate of occupancy. Failure to comply with such conditions or restrictions shall constitute a violation of this chapter and may constitute the basis for denial or revocation of a building permit or certificate of occupancy and for all other applicable remedies.

(Code 1975, § 90-77)

A variance granted under the provisions of this chapter shall automatically lapse if substantial construction, in accordance with the plans for which such variance was granted, has not been completed within one year from the date of granting such variance by the board, or, if judicial proceedings to review the board's decision shall be instituted, from the date of entry of the final order in such proceedings, including all appeals. The board of appeals shall, however, have original jurisdiction to reinstate such variance after a lapse thereof, upon a finding that the conditions found by it to exist at the time of the original grant variance, as set forth in section 21-106 hereof, have not changed in any essential manner nor in any substantial degree.

(Code 1975, § 90-78)

The application fees shall be set by resolution of the village board.

(Code 1975, § 90-79; L.L. No. 5-2003)

(a)

After the effective date of this chapter, no land, building or structure shall be used and no building or structure shall be erected or altered to be used for any purpose for which a conditional use permit is required by this chapter unless such conditional use permit is issued as provided herein. The conditional uses for which special permits are required shall be deemed to be permitted uses, subject, in each case, to conformity with the approval, requirements and standards set forth in this article and with any conditions imposed on and stated in the conditional use permit. Any conditional use, lawfully established, in accordance with the conditional use permit issued therefor as provided herein, shall be deemed to be conforming use as of the time of its establishment, subject to continued conformity with all conditions imposed upon the grant of a permit therefor.

(b)

Each application for a conditional use permit shall be considered as an individual case and such application shall show conformity with the detailed application of the general and specific standards set forth in this article and to the applicable requirements of this chapter.

(Code 1975, § 90-57)

Prior to authorizing the issuance of a special permit for the conditional use, the board of appeals shall find that:

(1)

The proposed use of land will protect and conserve, insofar as possible, the existing native trees, topography, bodies of water and other natural features.

(2)

The use will be in such location and of such size and character that it generally will be in harmony with the appropriate and orderly development of the neighborhood in which it is situated and will not be detrimental to or prevent an orderly development of adjacent property nor be inconsistent with development shown on the master plan prepared by the planning board.

(3)

The plot, subject to the minimum size stated in section 21-132 hereof for the proposed use, will be in such location and of such size and character as to permit the proposed use to be conducted thereon within congestion or overcrowding and without causing or tending to cause an undue concentration of people or vehicles thereon and that there will not be caused by such use thereon any danger to the public health, safety or general welfare through congestion of traffic, traffic hazard or otherwise.

(4)

The use will be in harmony with and promote the general purposes and intent of this chapter.

(Code 1975, § 90-58)

In passing upon applications for permits for conditional uses, the board shall take into consideration, among other matters and things:

(1)

The character of the existing and probable development of uses in the district and the particular suitability of such district for the location of the permitted use desired.

(2)

All variances, permits for conditional uses theretofore granted and applications for permits for conditional uses then pending in the area in which location of the conditional use is sought.

(3)

The conservation of property values and the encouragement of the most appropriate uses of land within the district.

(4)

The accessibility of the premises and the several buildings and structures thereon to instrumentalities for police and fire protection.

(5)

Access of light and air to the premises, the buildings and structures thereon and to adjoining premises and the relation of the several buildings upon the site to each other.

(6)

Traffic problems, transportation requirements pertaining to such proposed use and adequacy of facilities for drainage, sewers, water supply and similar necessities.

(7)

Whether the operations in pursuance of the use will cause disturbing emission of electrical discharges, dust, light, vibration or noise or undue interference with the orderly enjoyment by the public of parking or of recreational facilities, if existing, or if proposed by the village or by other competent governmental agency.

(8)

The nature and the extent of the activities to be conducted thereon and the relationship and effect of such activities to and on adjacent properties and the surrounding area.

(9)

The necessity for bituminous surface or space for purposes of off-street parking of vehicles incidental to the use and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be had.

(10)

Whether a hazard to life, limb or property, because of fire, flood, erosion or panic or otherwise, may be created by reason of or as a result of the use or by the structures to be used therefor or by the undue concentration or assemblage of persons upon the plot.

(11)

Whether the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof.

(12)

Whether the use to be operated is unreasonably near to a church, school, theater, recreational area or other place of public assembly so as to cause or create hazard to life, limb or property.

(Code 1975, § 90-59)

The board of appeals shall, in authorizing such conditional uses, impose such conditions and safeguards as it may deem appropriate, necessary or desirable to preserve and protect the spirit and objectives of this chapter.

(Code 1975, § 90-60)

The board shall make written findings with respect to compliance or noncompliance of the application with respect to each and every standard and condition set forth in and required by this article and such written findings shall be filed with the village clerk at the time of its decision.

(Code 1975, § 90-61)

(a)

The board shall have no power to grant a conditional use permit for a private school of primary or secondary grade:

(1)

Upon a site of less than ten (10) acres.

(2)

For the incidental use of any part of the property for a stadium.

(3)

Upon a site having a frontage of less than four hundred (400) feet upon a street which has been suitably improved and placed upon the official map of the village.

(b)

The board shall have no power to grant a conditional use permit for a monastery, convent, seminary or religious place of retreat:

(1)

Upon a site of less than five (5) acres.

(2)

Upon a site having a frontage of less than four hundred (400) feet upon which is a street which has been suitably improved and placed upon the official map of the village.

(Code 1975, § 90-62)

(a)

In case of a school or seminary, convent or monastery, the board may, in a specific case, vary the regulations set forth in this chapter relating to height of buildings, front yard, rear yard and side yards upon making the following findings:

(1)

That such modification is required to enable such use to provide an essential service to the community.

(2)

In the case of integration of new buildings or enlargement of existing buildings, that, without such modification, there is no way to design and construct the new buildings or enlargements in satisfactory physical relationship to the existing buildings and structures that are to remain upon the site so as to produce an integrated development.

(3)

That such modification is the minimum modification necessary to permit the development of such integrated academic school, and thereby created the least detriment to the character of the neighborhood and the use of nearby property.

(b)

The board may determine the number, location, design and size of off-street parking spaces to be furnished for each conditional use for which it may grant a conditional use permit and, on making such determination, shall consider the anticipated daily attendance, the number of transients estimated to come to the facility, the peak hours and loads and the anticipated turnover of vehicles. The board may use all statistics, studies, general standards and specifications of other communities for parking for the particular conditional uses involved.

(Code 1975, § 90-63)

The applicant shall file an application in such form as may be required for a conditional use, duly signed and acknowledged by each person having an interest in the land proposed to be occupied by such conditional use. Where the owner or owners desire merely to ascertain whether such conditional use would be approved in the location in which it is sought to be established, such application shall be accompanied by:

(a)

A diagram, prepared by a professional engineer or licensed surveyor, showing the outer boundaries of the plot, tract or parcel of land involved, and all land within five hundred (500) feet of such boundary, excluding in such computation:

(1)

All land contained on public streets.

(2)

All land owned by applicant adjacent to the lot or lots intended to be used for such conditional use.

(3)

All adjacent land owned by the seller, if the applicant is a contract vendee.

(b)

A topographical plan showing contours, proposed location of all buildings, structures, roads, parking fields, open areas and other matters affecting the plan of development.

(c)

Elevations and ground plans for each proposed building and structure, showing proposed appearance of each outer wall.

(d)

Survey of traffic and estimates of additional traffic which will or may be generated by such use.

(e)

Such additional detailed information as may be required by the board.

(f)

A filing fee of fifteen dollars ($15.00).

(g)

In such case, approval of such conditional use permit by the board shall be subject to an application for and issuance of a building permit for construction of the buildings and structures to be used in connection with the conditional use permit so granted. In each other case, an application for a building permit shall also be filed and shall be accompanied by plans and specifications showing compliance with the building code as well as compliance with the provisions hereof.

(Code 1975, § 90-64)

A permit for a conditional use or for a modification of the regulations referred to in Division 1 of Article V, granted under the provisions thereof, shall automatically lapse if substantial construction, in accordance with the plans for which such permit was granted, has not been completed within one year from the date of granting such permit by the board, or, if judicial proceedings to review the board's decision shall be instituted, from the date of entry of the final order in such proceedings, including all appeals, except that, in the case of a conditional use permit for the erection of a school, seminary, convent or monastery, such period for completion of substantial construction shall be two (2) years.

(Code 1975, § 90-65)

It is the purpose of this chapter to:

(1)

Promote the health, safety, comfort and general welfare of the community;

(2)

Preserve the character, charm and property values of the village;

(3)

Encourage the attractiveness of the residential and business areas which are the economic mainstay of the community;

(4)

Encourage good qualities of exterior building design and appearance and to relate such design and appearance to the adjoining sites and surroundings;

(5)

Foster excellence and resourcefulness in building design and appearances which are appropriate to the sites and surroundings;

(6)

Prevent such design and appearances that are offensive to visual sensibilities or are not harmonious to the surrounding area;

(7)

Prevent inappropriate exterior designs, landscaping and appearances of buildings and structures that adversely affect the desirability of the immediate and neighboring properties;

(8)

Create and empower an architectural review board with certain powers in which to accomplish the above.

(L.L. No. 5-2004)

There is hereby created an architectural review board consisting of no less than five (5) members appointed by resolution of the board of trustees. There shall be no fixed term with the members serving at the board of trustee's discretion. There shall be a chairman and an acting chairman who shall be so designated by the board of trustees by resolution. At least four (4) members shall be residents of the village. The board of trustees may designate a registered architect to sit with the architectural review board and take part in its deliberation, but without vote. The board of trustees shall have the powere to provide for such compensation as may be required to secure needed services and to defray other expenses of the architectural review board.

(L.L. No. 5-2004; L.L. No. 4-2008, § 1)

(a)

Every application for a building permit for the construction, erection or alteration of a building, deck, athletic court or a swimming pool within the boundary of the village shall be referred to the architectural review board. However applications for the construction, erection or alteration of structures (such as decks, athletic courts and swimming pools located in the rear yard of a lot and/or applications for the construction, erection or alteration of accessory buildings, (such as sheds, gazeboes, play houses) under one hundred (100) square feet in area and located in the rear yard of a lot, shall not require review by the architectural review board. Also, any building or structure which has been designated, by the village board, pursuant to chapter 22 of the Village Code, as an historic landmark or is included in a designated historic district shall not be referred to the architectural review board for review.

(b)

No building permit shall be issued for any construction and or alteration requiring architectural review board review until the architectural review board has voted thereon its approval of such application or until such approval has been given through inaction on the part of the board as provided herein.

(c)

Meetings of the board of architectural review shall be held at the call of the chairman and any two (2) members thereof and at such other times as the board may determine.

For the purpose of reviewing building permit applications such meetings shall be public hearing with legal notice of such meetings being published in the official newspaper of the village at least one (1) week before such meeting shall take place. The applicant shall cause notice of said hearing to be sent in writing, by certified mail, return receipt requested, at least twenty (20) days prior to the hearing date to all property owners within two hundred (200) feet of the subject property, as shown on the current tax rolls of the village. The applicant shall file an affidavit of mailing with the board before or at such hearing.

A hearing of the board of architectural review shall be held within forty-five (45) days of the date of receipt of a complete application by the board of architectural review. If the board shall not have met to consider the application within forty-five (45) days after such complete application shall have been received or shall not have met to consider the application within forty-five (45) days after such application shall have been received or shall not have disapproved of the application within forty-five (45) days after the hearing then the application shall be deemed to have been approved by this board. The applicant shall have the right to appear or be represented at such meeting.

(d)

The building inspector shall not issue a certificate of occupancy, for those applications that have acquired arb approval, until the chairman or acting chairman has confirmed that the completed construction conforms with the ARB approval.

(e)

All applications that also require approval from the zoning board of appeals and or planning board must be approved by those boards prior to the scheduling the architectural review board hearing.

(f)

No public hearing shall be scheduled before the architectural review board until a complete application has been received by the village. A complete application shall consist of an application and those supporting documents, exhibits and plans that the architectural review board believes necessary to conduct its review of the application.

(g)

Expedited review of minor changes to previously approved plans. The chairman of the architectural review board shall have the authority and power to approve minor changes to plans for construction and/or alteration of a building or structure, which was previously approved by the architectural review board, without the need for a public hearing before the architectural review board subject to the following:

(1)

The chairman shall canvass the members of the architectural review board regarding the proposed changes. If two or members object to granting an expedited review the chairman shall not grant the request.

(2)

The chairman may deny a request for an expedited review that the chairman determines, in the best interest of the village, necessitates a public hearing before the architectural review board.

(3)

The chairman shall, after approving a minor change pursuant to this section, inform the architectural review board, at the board's next public meeting, of said action.

(L.L. No. 5-2004; L.L. No. 6-2005; L.L. No. 3-2008)

(a)

Definitions:

Design means the systematic graphic planning of the aesthetics of a building or structure using the disciplines of architecture and engineering to create a building or structure meeting implicit and explicit requirements on performance and resource usage.

Mass means the measurement of building or structure based on its dimensions (length, width and height), its three dimensional volume in relationship to existing finished grades of the site and the magnitude of the building or structure in relationship to its environment.

Scale means the balance and proportion of the materials and details in relation to the overall structure and environment.

Style means the combinations of distinctive features of a building or structure based upon composition, materials, and design, which characterize an architectural era in history.

(b)

The board of architectural review is charged with the duty of maintaining the desirable character of the village and shall approve any construction and or alteration that conforms to the following criteria:

(1)

The proposed construction and or alteration are harmonious, compatible and balanced in relation to the site, adjoining properties and neighborhood because of:

a.

Mass

b.

Style

c.

Design

d.

Scale

e.

Placement upon the property in relation to adjoining buildings, streetscape and open space.

f.

Materials

g.

Details

h.

Lines and continuity of windows and doors

i.

Color

j.

Landscaping and plantings

k.

Lighting and sound

(2)

Would not result in or have a tendency to result in an impairment of property values in the immediate neighborhood the proposed location.

(L.L. No. 5-2004; L.L. No. 6-2005)

Any person aggrieved by the action of the board of architectural review in disapproving a building permit application and by the action of the building inspector in denying such permit because of such disapproval may take an appeal there from, within thirty (30) days of the filing of such disapproval with the village clerk, to the board of zoning appeals.

(L.L. No. 5-2004)