Zoning permits. Zoning permits may hereafter be secured from the Zoning Officer prior to the issuance of a building permit for the construction, erection or alteration of any structure or part of a structure or upon a change in the use of land or a structure.

Special use permits. Applications for any special use permit as provided in § 550-52 of this chapter shall be made to the Board of Appeals through the Zoning Officer. The following procedures shall apply:

Temporary use permits. Recognizing that it may be in accordance with the purpose of this chapter to permit temporary activities for a limited period of time, which activities may not be permitted by other provisions of this chapter, the Board of Appeals is hereby empowered to grant temporary use permits under the same regulations and procedures for the issuance of special use permits as specified elsewhere in this chapter. The Board shall determine that such uses are of such a nature and are so located that at the time of petition they will in no way exert a detrimental effect upon the uses of land and the activities normally permitted in the zone but rather contribute materially to the general welfare of the Village of Fairport, particularly in a state of emergency, under conditions peculiar to the time and place involved. Upon such determination, the Board of Appeals shall direct the Code Enforcement Officer to issue a building permit for a period not to exceed one year; such period may be extended not more than once for an additional period of one year.

Building permits. No building or structure shall be erected, added to or structurally altered until a permit therefor has been issued by the Code Enforcement Officer. All applications for such permits shall be in accordance with the requirements of the Building Construction Code and the Fire Prevention and Building Code.

No building erected after the day of adoption hereof shall be occupied or used, in whole or in part, until a certificate of occupancy shall have been issued therefor, certifying that the building conforms substantially to any permits and to the requirements of the Fire Prevention Code, the Housing Standards Code, the Building Construction Code, this chapter and all other laws, ordinances and regulations applying to buildings of its class and kind.

No building hereafter enlarged or extended or so altered, in whole or in part, as to change its classification under any law, code, local law or regulation enumerated in Subsection B(1) hereof shall be occupied or used, in whole or in part, until a certificate of occupancy shall have been issued. No building hereafter altered for which a certificate of occupancy has not heretofore been issued shall be occupied or used, in whole or in part, until a certificate of compliance shall have been issued.

No change of occupancy or use shall be made in a building hereafter erected or altered or in any part thereof that is not consistent with the last issued certificate of occupancy for such building unless a new certificate of occupancy is issued therefor.

In the case of an existing building, no change of occupancy or use that would bring it or any part thereof under a different or additional classification under any law, code, local law or regulation enumerated in Subsection B(1) hereof shall be made unless it is found by the Zoning Officer and Code Enforcement Officer to comply therewith, and the building shall not be occupied until a new certificate of occupancy is issued therefor.

The service of notice upon the owner or occupant of land or buildings that said premises are in violation of a provision of the Fire Prevention Code, the Housing Standards Code, the Building Construction Code or this chapter shall cause the certificate of occupancy for said premises to become void. An appeal from such notice shall lie to the Zoning Board of Appeals pursuant to § 7-712-a of the Village Law. If no appeal is taken within 60 days of the date of service of said notice, said determination shall become final.[1]

No two-family dwelling, mixed-occupancy dwelling containing one or more families, parcel of land where there are two or more dwellings on the same parcel or multiple dwelling shall be occupied or used, in whole or in part, if the title thereof has been transferred to a new owner subsequent to the date of adoption hereof until a certificate of occupancy or conditional certificate of occupancy shall have been issued. A regular certificate of occupancy issued for the purposes of this subsection shall be good for 90 days from the date of issuance.

A certificate of occupancy or conditional certificate of occupancy is not valid until the fee therefor is paid to the Village.

No certificate of occupancy shall be issued for a two-family dwelling, a mixed-occupancy dwelling containing one or more families, a parcel of land where there are two or more dwellings on the same parcel or a multiple dwelling unless the appropriate number of suitably paved and marked off-street parking spaces exists on the lot.