A minimum required lot area, yard, court or other required open space for one building or structure shall not be used, in whole or in part, as any part of the minimum required lot area, yard, court or other required open space for a second building or structure.

The lot area, yard, court or other required open space for an existing building or structure shall not be diminished below the minimum requirements of this chapter.

The required lot width for one lot or building or structure shall not be used, in whole or in part, as any part of the required lot width for a second lot or building or structure.

The parking spaces required for one building or structure or use shall not be included in the computation of required parking spaces for a second building or structure or use.

Nothing contained in this chapter shall be taken to repeal, abrogate, annul or in any way impair or interfere with the Building Code or any rules or regulations adopted or issued thereunder or any other provisions of law or ordinance or regulations, existing or as may be adopted in the future, when not in conflict with any of the provisions of this chapter; nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that when this chapter imposes a greater restriction upon the use of buildings, structures, premises, lots or land or upon the height of buildings or structures or requires larger lots, yards, courts or other open spaces than imposed or required by such other provision of law, ordinance or regulations or by such easements, covenants or agreements, the provisions of this chapter shall control.

Wherever the provisions of any other law or ordinance or regulations impose a greater restriction than this chapter, the provisions of such other law or ordinance or regulations shall control.

No provision contained in this chapter shall be construed as justifying the encroachment of any building or structure within any street lines now or hereinafter laid down on any subdivision plat filed in the office of the County Clerk or within any federal, state, county or municipal street or highway.

It shall be the duty of the Building Inspector to administer and enforce the provisions of this chapter.

Should said Building Inspector be in doubt as to the meaning or intent of any provision of this chapter or as to the location of any district boundary line on the Zoning Map or as to the propriety of issuing a building permit or a certificate of occupancy in a particular case related to the provisions of this chapter, he shall appeal the matter to the Board of Appeals for interpretation and decision.

The Building Inspector shall adopt rules of procedure consistent with this chapter for the purpose of assuring efficient and uniform administration of its provisions. No such rules shall become effective until a copy thereof shall have been filed with the Town Clerk. Any person aggrieved by such rules may appeal to the Board of Appeals. A violation of such rules constitutes a violation of this chapter.

If the Building Inspector should mistakenly issue a building permit or certificate of occupancy which violates the provisions of this chapter, that permit or certificate shall be invalid.

No structure shall be used, erected, built, reconstructed, structurally altered, restored, extended or enlarged, in whole or in part, until a building permit has been issued therefor. The Building Inspector may, by general regulation, exempt nonbuilding structures which are of a temporary or insubstantial nature from the operation of this section. No such regulation shall take effect until filed with the Town Clerk and received by the Town Board, which may at any time, by resolution, disapprove and thereby rescind it.

All procedures with respect to applications for issuance of building permits shall be in conformance with the provisions of any law or regulation of any level of government pertaining thereto. All such applications shall be accompanied by such other information as may be necessary to determine and provide for the enforcement of this chapter.

All such applications for a building permit shall include four copies of a site plan for one- or two-family detached dwellings and 12 copies for all other applications, drawn by a registered architect or a professional engineer, to a scale showing the actual dimensions, radii and angles of the lot to be built upon, the exact size, cubage, habitable floor area and location upon the lot of the building and accessory buildings to be erected and such other information as may be necessary to determine and provide for the enforcement of this chapter. After approval by the Architectural Review Board, in appropriate cases, and by the Building Inspector, one copy of such plans shall be returned to the owner upon payment of the building permit fee.

No building permit shall be issued for the erection, construction, reconstruction, structural alteration, restoration, repair or moving of any building or structure or part thereof unless the plans and intended use indicate that such building or structure is designed and intended to conform in all respects to the provisions of this chapter and all other applicable laws, ordinances, codes and regulations.

Where a lot is formed from part of an existing lot, whether already improved or not, the separation must be effected in such a manner that neither of the lots, nor any existing or proposed improvements thereon, contravene the provisions or intent of this chapter.

After the completion of footings and establishing of the forms on the first course of the foundation walls or equivalent structure, the owner shall notify the Building Inspector. If required by the Building Inspector, the owner shall cause a survey to be made by a licensed land surveyor, showing the true location of such foundation walls with respect to the lot lines of the lot, and a copy of such survey shall be filed with the Building Inspector before construction is continued.

In the case of any activity where the building permit required by this chapter or by an ordinance in effect at the time such activity commenced has not been issued prior to commencement of work, the Building Inspector nonetheless shall issue a building permit under the following circumstances:

Any applicant for a building permit who has commenced construction without a building permit as provided in Subsection G of this section shall pay a penalty fee be as set forth in the most current resolution of the Town Board fixing the fee pursuant to § 137-1 of the Town Code at the time the application is submitted to the Building Inspector. Such fee shall be in addition to all other fees and charges provided for in this chapter.

Neither the application for nor the issuance of a building permit under Subsection G of this section shall constitute a defense to any action or proceeding, civil or criminal, commenced under this chapter relating to any activity or period of time preceding issuance of a building permit under such section.

The following site plan provisions are intended to implement the development characteristics projected in the Master Plan and to secure compliance with the requirements and standards set forth in this chapter and with accepted professional design practice for such site improvements as grading, drainage, sidewalks, curbs, parking, landscaping, fences and driveways.

In all districts, a site plan for all proposed land uses, buildings or structures, other than one- or two-family detached dwellings, shall be approved by the Planning Board. Such approval, including all supporting documents, shall be officially transmitted to the Building Inspector prior to his submission of the project to the Architectural Review Board and before his consideration of an application for a building permit. Any amendment of such a site plan, which requires approval by the Planning Board, shall be subject to this same procedure prior to the issuance of any building permit for buildings or structures affected by the amendment.

Likewise, in all districts, no certificate of occupancy shall be issued for any land use, building or structure, other than a one- or two-family detached dwelling, unless the land is developed and used, or the building or structure is constructed and used, in conformity with such a site plan approved by the Planning Board as provided in this section. Any change of occupancy shall be subject to this same requirement.

Presubmission. The applicant and/or his designated representative, prior to the submission of a formal site plan, shall meet in person with the Planning Board to discuss the proposed site plan so that the necessary subsequent steps may be undertaken with a clear understanding of the Board's requirements in matters relating to site development.

Submission. At least 10 days in advance of the Planning Board meeting at which site plan or amendment to a site plan requiring Planning Board approval is to be presented, the applicant or his representative shall submit to the Secretary of the Planning Board 12 copies of the site plan and application.

Submission requirements.

General conditions. In considering and approving a site plan, the Planning Board shall take into consideration the public health, safety and general welfare and the comfort and convenience of the public in general and the residents of the immediate neighborhood in particular and shall establish any appropriate conditions and safeguards in harmony with the general purpose and intent of this chapter, particularly with regard to achieving:

The Planning Board shall hold a public hearing before rendering a final decision on a site plan application. After the public hearing and considering a site plan submission, the Planning Board shall approve, approve with modification or disapprove the site plan. Its decision shall be in the form of a resolution incorporating a copy of the site plan on which its decision and any modification shall be noted. The Planning Board, as a condition of approval, shall require the applicant, at the applicant's expense, to record with the County Clerk of Westchester County such documents as may be determined by the Planning Board to be necessary to place any subsequent owner on notice of any condition of approval. One copy of each such resolution and site plan, duly signed by the Chair or Vice Chair, shall be transmitted to the Building Inspector and to the applicant.

The findings of the Planning Board shall be rendered within 30 days from the date of submission to it, unless the applicant requests an extension for an additional period of 30 days.

No building permit shall be issued by the Building Inspector without reference to and conformance to such an approved site plan.

In the case of special exception use or variance applications, the site plan shall be the subject of a preliminary review in accordance with the above procedure before action is taken by the Planning Board or Board of Appeals, respectively.

It shall be unlawful to use or permit the use of any building or premises or part thereof hereafter created or 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 of occupancy shall show that such building or premises or part thereof and the proposed use thereof are in conformity with the provisions of this chapter and all other applicable laws, ordinances, codes and regulations. It shall be the duty of the Building Inspector to issue a certificate of occupancy within 10 business days after the request for the same shall have been filed in his/her office by any owner, after having determined that the building and the proposed use thereof conform to all the requirements herein set forth. Before the issuance of any certificate of occupancy, the applicant shall:

Under such rules and regulations as may be established by the Building Inspector, a temporary certificate of occupancy for a part of a building may be issued by the Building Inspector.

Upon written request from the owner, the Building Inspector shall issue a certificate of occupancy for any building or premises lawfully existing prior to the effective date of this chapter or of any subsequent amendment thereto, certifying, after inspection, the extent and kind of use made of the building or premises, including the number of employees and whether such use of the building or premises conforms to the provisions of this chapter and all other applicable laws, ordinances, codes and regulations.

The term "responsible party," as used in this chapter, shall include the owner, lessee, licensee and any person having the use, possession or control of all or part of a structure or land and all persons who cause, facilitate, assist or participate in any violation of this chapter, and each such person shall be subject to the sanctions, penalties, remedies and procedures (administrative, civil and criminal) provided by this chapter and by all other applicable ordinances, codes and regulations.

In the event of an actual or threatened violation of this chapter, the Building Inspector shall give written notice thereof to a responsible party, personally or by certified mail, setting forth the nature of the violation and requiring its removal or abatement within 10 days after service of the notice and, additionally or alternatively, may immediately suspend the conduct or use which constitutes or contributes to the actual or threatened violation for a period not exceeding 10 days and also may temporarily revoke, for a like period, any permit issued under this chapter. Every suspension or revocation shall be confirmed as soon thereafter as is practicable by a written notice thereof, served personally or by certified mail, upon a responsible party, stating the grounds therefor.

A notice of violation shall not be a condition, nor shall its absence be a defense to any administrative, civil or criminal proceeding or other remedy available against actual or threatened violation of this chapter, but a failure to timely remove or abate a violation after due notice thereof or the continuation of any conduct or any use after suspension thereof or the revocation of any permit shall constitute separate, independent and further violations of this chapter by each responsible party having knowledge of such notice, suspension or revocation.

In cases where removal or abatement of a violation within 10 days would be manifestly impossible or would involve severe economic hardship, the Building Inspector may, upon written application of a responsible party showing good cause therefor, extend the time permitted for removal or abatement for one additional period not exceeding 30 days, and, additionally or alternatively, the Building Inspector or responsible party, prior to the expiration of the applicable time period, may apply to the Town Board, upon written application showing good cause therefor, for a determination as to a reasonable period of time not exceeding an additional 120 days within which such removal or abatement shall occur. Such extensions of time by the Building Inspector or Town Board may be granted subject to reasonable terms and conditions.

A violation of this chapter shall be an offense punishable by a fine not more than $1,000 or imprisonment for a period not exceeding 15 days, or both. In addition, for any violation of the Table of Uses issued for exceeding the number of dwelling units permitted at any premises shall be punishable by a fine not less than $500 nor more than $1,200 for conviction of a first offense or imprisonment for a period not exceeding 15 days, or both; for conviction of a second offense within a period of five years shall be punishable by a fine not less than $800 nor more than $1,600 or imprisonment for a period not exceeding 15 days, or both; for conviction of a third or subsequent offense within a period of five years shall be punishable by a fine not less than $1,500 nor more than $2,500 or imprisonment for a period not exceeding 15 days, or both. For the purpose of commencing such prosecution, the Building Inspector or any other person authorized to issue a summons pursuant to this chapter are authorized to issue an appearance ticket or such other process as is or hereafter may be authorized by law, the disobedience of which shall constitute a separate and independent violation of this chapter. Each week's continued violation of any provision of this chapter shall constitute an additional violation.

Each responsible party having knowledge of the service hereunder of a notice of violation and who fails to timely remove or abate such violation shall be subject to a civil penalty of $500 for each day that said violation continues. Each responsible party having knowledge of the suspension hereunder of any conduct or use or of the revocation of any permit and who thereafter permits, facilitates, causes, assists or participates in any such conduct or use or in the conduct, use or other activity subject to such permit shall be subject to civil penalty of $500 for each day that such conduct, use or activity continues. Civil penalties shall be recoverable by suit brought by the town and to be retained by it.

The procedure set forth below shall be known as "informal administrative enforcement" and is intended to provide a flexible and expeditious means of abating zoning violations. Informal administrative enforcement may be used either as an alternative or an addition to all other procedures and remedies provided by this chapter and other provisions of law.

In addition to other remedies provided by law, any appropriate action or proceeding, whether by legal process or otherwise, may be instituted or taken to prevent unlawful erection, construction, reconstruction, alteration, repair, conversion, moving, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of such building, structure or lot; to prevent any illegal act, conduct, business or use in or about such premises; and to enjoin or remedy any violation of this chapter. The remedies provided by this chapter shall be cumulative and shall be in addition to any other remedies provided by law.

Any person may file a complaint with the Building Inspector regarding a violation of this chapter.