A minimum required lot or yard size for one building or structure shall not be used in whole or in part as any part of a required lot or yard for a second structure.

The required lot or yard for an existing building or structure shall not be diminished below the minimum requirements of this chapter.

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.

Underwater land shall not be included in the computation of minimum lot area; and underwater land shall not be included within any minimum required front, side or rear yard.

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 provisions of law, ordinance or regulation 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 hereafter 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.

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

All procedure with respect to applications for and issuance of building permits shall be in conformity with the provisions of the Building Code. All such applications shall be accompanied by such other information as may be necessary to determine and provide for the enforcement of this chapter.

No building permit shall be issued for the erection, construction, reconstruction, structural alteration, restoration, repair or moving of any building or structures 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.

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 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.

Site plan approval required. No building permit or certificate of occupancy shall be issued for any building, structure, use or change in use, other than for a single-family residence or its permitted accessory buildings, structures or uses, unless the Planning Board has previously approved a site plan pursuant to this section. Continued compliance with the approved final site plan and conditions of approval shall be a requirement of the continued validity of any building permit and certificate of occupancy.

Site plan review. The purpose of site plan review and approval is to secure compliance with the purposes and provisions of this chapter and with professional design practice for site improvements, including, but not limited to, location and dimensions of buildings, drainage, erosion control, sidewalks, curbing, parking, means of access, landscaping, buffering, fences, storage, signs, grading, utilities, impact on adjacent land uses and other elements that reasonably relate to the health, safety and general welfare of the community.

Site plan contents.

Waiver. Specific requirements of Subsection C above may be waived by resolution of the Planning Board. In waiving any requirement, the Planning Board shall set forth the reason for said waiver. A copy of said resolution shall be forwarded to the Board of Trustees for its information.

In the case of special exception use or variance applications, the site plan shall be the subject of a preliminary review by the Planning Board before Board action is taken on the special exception use or variance application.

The building permit application and building permit shall comply with all site plan, special exception use and variance approvals and conditions of approvals, as the case may be.

Nothing in this chapter shall require any change in the plans, construction or designated use of a building or structure for which a lawful building permit has been issued prior to the effective date of this chapter or any amendment thereto affecting such building or structure or the use thereof, provided that:

In the event that either Subsection A(1) or (2) is not complied with, such building permit shall be revoked by the Building Inspector.

It shall be unlawful to use or permit the use of any building, structure, premises, lot or land, or part thereof, hereafter erected or altered, enlarged or moved or put into use, in whole or in part, after the effective date of this chapter or of any building, structure, premises, lot or land, or part thereof, of which the use is changed until a certificate of occupancy has been obtained by the owner, as provided for under the Building Code.

No certificate of occupancy shall be issued for any building, structure, premises, lot or land unless the erection, construction, reconstruction, structural alteration, restoration, repair or moving of such building or structure or part thereof and the intended use thereof are in conformity in all respects with the provisions of this chapter.

The Building Inspector shall obtain a written order from the Planning Board before issuing a certificate of occupancy in a case involving a special exception use pursuant to Article VI and shall obtain a written order from the Board of Appeals before issuing a certificate of occupancy involving a variance from the provisions of this chapter pursuant to Article XI.

Where a violation of this chapter is determined to exist, the Building Inspector shall serve notice by certified mail, return receipt requested, on the owner, agent or contractor of the building, structure or lot where such violation has been committed or shall exist, and on the lessee or tenant of the part of or of the entire building, structure or lot where such violation has been committed or shall exist, and on the agent, architect, contractor or any other such person who takes part or assists in such violation or who maintains any building, structure or lot in which any such violation shall exist.

Such notice shall require the removal of the violation within 10 days after service of the notice.

In cases where the removal of the violation within 10 days would be manifestly impossible, the Building Inspector shall apply to the governing body of the municipality for a determination as to a reasonable period of time within which such violation shall be removed.

If those persons notified shall fail to remove such violation within the allotted time period, the Building Inspector shall charge them with such violation of this chapter before the appropriate court of law.

Criminal penalties. Any person who violates any provision of this chapter shall be guilty of a violation and, upon conviction thereof, shall be punishable by a fine in an amount no less than $250 or by a term of imprisonment of not more than 15 days, or both for a first violation; in an amount not less than $250 nor more than $700 or a term of imprisonment of not more than 15 days, or both for a second violation committed within a period of five years of the first violation; and in an amount of not less than $700 nor more than $1,000 or a term of imprisonment of not more than 15 days, or both for a third and each subsequent violation committed within a period of five years of the first violation. Each day that a violation of or failure to comply with any provision of this chapter occurs shall constitute a separate and distinct violation.

Civil penalties.

In addition to and not in lieu of the remedies authorized above, the Board of Trustees or the Building Inspector or Code Enforcement Officer may institute any appropriate action or proceeding to prevent, restrain, enjoin, correct or abate any violation or threatened violation of this chapter or to enforce any provision of this chapter.