Cove Neck City Zoning Code
ARTICLE V
Administration and Enforcement
§ 175-23 Enforcement.
A.
No officer or employee of the Village shall issue, grant or approve any permit, license, certificate or other authorization for any construction, reconstruction, alteration, enlargement or moving of any building or structure or for any use of land or building that would not be in full compliance with the provisions of this chapter. Any such permit, license, certificate or other authorization issued, granted or approved in violation of the provisions of this chapter shall be null and void and of no effect, without the necessity of any proceedings for revocation or nullification thereof.
B.
This chapter shall be enforced by the Building Inspector.
§ 175-24 Building permits.
A.
No building or structure shall be erected, enlarged, altered or moved until a permit therefor has been issued by the Building Inspector. Except upon a written authorization of the Board of Appeals, under circumstances set forth in § 175-27B(3), no building permit or certificate of occupancy shall be issued for any building or structure where said construction, addition, alteration, moving, or use thereof would be in violation of any of the provisions of this chapter.
B.
There shall be submitted with all applications for building permits, except those for signs, two copies of a layout or plot plan drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact size and location on the lot of the building and accessory buildings existing and the lines within which the building or structure shall be erected or altered, the existing and intended use of each building or part of the building, and such other information with regard to the lot and neighboring lots that may be necessary to determine and provide for the enforcement of this chapter. One copy of such plan shall be returned to the owner when such plans shall have been approved by the Building Inspector. All dimensions shown on this plan relating to the location and size of the lot to be built upon shall be based on an actual survey, and the lot shall be staked out on the ground before construction is started so that the Building Inspector may determine by measurement in the field that the yard requirements for the district in which the use is located have been met.
C.
A building permit shall be void if construction is not started within a period of 12 months or not completed within a period of two years of the date of said permit.
E.
Any building, extension or alteration for which a permit has been duly granted, the construction of which has been started before the effective date of this chapter or of an amendment thereto, and the ground story framework of which, including the second tier of beams, has been completed within one year after the adoption of this chapter or amendment thereto may be completed in accordance with plans on file with the Building Inspector, provided that such construction is diligently prosecuted and the building is completed within two years of the adoption of this chapter or an amendment thereto. If any of the requirements shall not have been fulfilled within the prescribed period, or if the building operations are discontinued for a period of six months, any other construction shall be in conformity with the provisions of this chapter.
F.
Whenever the Village Board, by resolution, authorizes a public hearing on a proposed amendment to this chapter, and for a period of 60 days following the date of such resolution, no building or structure shall be erected, enlarged, or altered and no permit shall be issued for the erection, enlargement or alteration of any building or structure or for the occupancy of any land or building in any manner that would be contrary to the provisions of the proposed amendment.
§ 175-25 Certificates of occupancy.
A.
It shall be unlawful for an owner to use or permit the use of any building or premises, or part thereof, hereinafter created, erected, changed, converted or enlarged, wholly or partly, in its use or structure until a certificate of occupancy shall have been issued by the Building Inspector. Such certificate shall state that such building or premises, or part thereof, and the proposed use thereof are in complete conformity with the provisions of this chapter. It shall be the duty of the Building Inspector to issue a certificate of occupancy, provided that the building and the proposed use of the building or premises conform to all the requirements herein set forth. A certificate of occupancy shall be applied for coincident with an application for a building permit.
B.
Under such rules and regulations as may be established by the Village Board, a temporary certificate of occupancy for part of a building may be issued.
C.
A certificate of occupancy shall be deemed to authorize and is required for both initial and continued occupancy and use of the building or land to which it applies and shall continue in effect as long as such building and the use thereof or of such land are in full conformity with the provisions of this chapter and any requirements made pursuant thereto.
D.
A copy of a certificate of occupancy shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building affected. Upon request from the owner, and by payment by him to the Village of a fee of $5,[1] the Building Inspector shall issue a certificate of occupancy for any building or premises, certifying, after inspection, that the extent and kind of use and disposition conform to the provisions of this chapter.
§ 175-26 Remedies.
A.
Penalties for offenses.
[Amended 7-22-1986 by L.L. No. 1-1986]
(1)
Any owner, lessee, contractor, agent or individual, whether a person, partnership or corporation, shall be guilty of an offense if he:
(a)
Occupies, uses or maintains, or causes or permits to be occupied, used or maintained, or erects, enlarges, alters or converts, or causes or permits to be erected, enlarged, altered or converted, any building, structure or part thereof or any land in the Village except in conformity with the provisions of this chapter or a decision of the Board of Zoning Appeals or Planning Board; or
(b)
In any manner violates, or allows, causes, permits, takes part in or assists in a violation of, any provision of this chapter or of any regulation, order or ruling promulgated hereunder.
(2)
A person convicted of an offense shall be guilty of a violation as defined in the Penal Law.
(3)
A violation of two or more sections of this chapter, or provisions within a section, shall be separate and distinct offenses for which a fine may be levied.
(4)
Each and every week a violation exists or continues shall constitute a separate and distinct violation, conviction for which shall be an additional offense.
(5)
Each violation of this chapter shall be punishable by:
(a)
A fine not to exceed $350 or a term of imprisonment not to exceed five days, or both, for a conviction of a first offense.
(b)
A fine not to exceed $700 but not less than $350 or a term of imprisonment not to exceed 10 days, or both, for the conviction of a second offense, both of which were committed within a five-year period.
(c)
A fine not to exceed $1,000 but not less than $700 or a term of imprisonment not to exceed 15 days, or both, for the conviction of a third or subsequent offense, all of which were committed within a five-year period.
(6)
If any person fails to abate any such violation of this chapter within 10 calendar days after written notice has been served personally upon said person, or within 20 days after written notice has been sent to said person by certified mail at said person's home or business address, said person shall be subject to a civil penalty of $250 for each and every day that said violation continues, recoverable by suit brought by the Village.
B.
Any building erected, constructed, altered, converted, enlarged, moved, or used contrary to any of the provisions of this chapter, and any use of any land or any building which is conducted, operated or maintained contrary to any of the provisions of this chapter, shall be and the same is hereby declared to be unlawful. The appropriate Village authorities may institute an action to prevent, enjoin, abate, or remove such erection, construction, alteration, enlargement, conversion or use in violation of any of the provisions of this chapter.
C.
The remedies provided for herein are cumulative and not exclusive and shall be in addition to any other remedies provided by law.
§ 175-27 Board of Appeals.
A.
Organization. A Board of Appeals, as heretofore established by the Village Board, is hereby maintained.
B.
Powers and duties.
(1)
General. The Board of Appeals shall have all the powers and duties prescribed by Village Law and by this chapter, which powers and duties are summarized and more particularly specified as follows, provided that none of the following sections shall be deemed to limit any of the power of the Board of Appeals that is conferred by the Village Law.
(2)
Interpretation and referral. On appeal from an order, requirement, decision or determination made by an administrative official, or on request from any official or agency of the Village, the Board of Appeals shall have authority to decide any question involving the interpretation of any provision of this chapter, including determination of the exact application of the rules specified in § 175-7. The Board of Appeals is authorized and empowered to hear and decide all applications for permits involving any use subject to specific standards referred to it under § 175-19D hereof.
(3)
Variance or adjustment. Where the strict application of any of the requirements of this chapter, in the case of an exceptionally irregular, narrow, shallow, or steep lot or other exceptional physical conditions, would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved, but in no other case, the Board of Appeals shall have the power, upon appeal, to vary or adjust the strict application of the regulations or provisions of this chapter. No adjustment in the strict application of any provisions of this chapter shall be granted by the Board of Appeals unless it finds that:
(a)
There are special circumstances or conditions, fully described in the findings of the Board of Appeals, applying to the building or land for which the adjustment is sought, which circumstances or conditions are peculiar to such land or building and do not apply generally to land or buildings in the neighborhood.
(b)
For reasons fully set forth in the findings of the Board, the aforesaid circumstances or conditions are such that the particular application of the conditions of this chapter would deprive the applicant of the reasonable use of such land or building, and the granting of the adjustment is necessary for the reasonable use of the land or building, and the adjustment as granted by the Board is the minimum adjustment that will accomplish the purpose.
(c)
The granting of the adjustment is in harmony with the general purpose and intent of this chapter and of the land use plan and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(4)
Permits for certain signs. In accordance with § 175-21, the Board of Appeals may authorize the issuance of permits for certain signs in districts in which such signs are permitted.
(5)
Conditions and safeguards. In all cases where the Board of Appeals authorizes the issuance of a building permit or occupancy permit under any of the above powers, it shall be the duty of said Board to impose such conditions and safeguards as may be required to protect the public health, safety, morals and general welfare.
C.
Appeals; how taken to Board of Appeals. All appeals and applications to the Board of Appeals shall be taken in the manner prescribed by law and within such time as shall be prescribed by the Board of Appeals by general rule. All such appeals and applications shall be in writing on forms prescribed by the Board, and each appeal or application shall fully set forth the circumstances of the ease. Every appeal or application shall refer to the specific provision of this chapter involved and shall exactly set forth, as the case may be, the interpretation that is claimed, the details of the adjustment that is applied for, and the grounds for which it is claimed that the same should be granted or the use for which a permit is sought. Every decision of the Board of Appeals shall be recorded in accordance with standard forms adopted by the Board and shall fully set forth the circumstances of the case and the findings on which the decision was based.
D.
Court review; how taken on Board of Appeals actions. Any person or persons jointly or severally aggrieved by any decision of the Board of Appeals or any officer, department, board or bureau of the Village may apply to the Supreme Court for relief in the manner provided for by law.
§ 175-28 Fees. [1]
A.
Permit for use subject to additional standards, site plan of development and other applications.
(1)
Applicants for the issuance of a permit by the Building Inspector for a use subject to additional standards, site plan of development approval by the Planning Board, or application to the Board of Appeals shall pay to the Village a fee determined by the following schedule:
Type of Application | Amount of Fee for Each Application | |
|---|---|---|
Permit for use subject to additional standards | $50 | |
Site plan of development | $100 | |
Appeals and all other applications to the Board of Appeals | $15 |
(2)
In the case of an application for the extension or renewal of any previously authorized permit for a use subject to additional standards, the fee for such extension or renewal shall be 1/2 the amount required for the original permit.
B.
Permit fees not covered by Subsection A above:
(1)
Building permit. Upon the filing of an application for a building permit, the following fees shall be payable:
Estimated Cost of Work, Including Builder's Profit | Fee | |
|---|---|---|
Up to $500 | $5 | |
$500 to $1,000 | $10 | |
Each additional $1,000 or fraction thereof | $5 |
(2)
Certificate of occupancy, which shall be payable in advance at the time of the issuance of the building permit or use permit: $10.