Huntington Bay City Zoning Code
ARTICLE V
Administration
§ 91-17 Enforcement by Building Inspector.
It shall be the duty of the Building Inspector and he is hereby given the power and authority to enforce the provisions of this chapter.
§ 91-18 Contents of application for building permit.
The Building Inspector shall require that the application for a building permit shall contain all the information necessary to enable him to ascertain whether the proposed building complies with the provisions of this chapter.
§ 91-19 Certification of compliance.
No building permit shall be issued until the Building Inspector has certified that the proposed building or alteration complies with all the provisions of this chapter.
§ 91-20 Building permit required.
It shall be unlawful for any person to commence work for the erection or alteration of any building until a building permit has been duly issued therefor.
§ 91-21 Certificates of occupancy.
A.
No land shall be occupied or used and no building hereafter erected or altered shall be occupied or used in whole or in part for any purpose whatsoever, except for the alteration of or addition to a dwelling, until a certificate of occupancy shall have been issued by the Building Inspector stating that the premises or building complies with all the provisions of this chapter. No change or extension of use and no alteration shall be made in a nonconforming use or premises without a certificate of occupancy having first been issued by the Building Inspector that such change, extension or alteration is in conformity with the provisions of this chapter.
B.
A certificate of occupancy shall be applied for at the same time that the building is applied for and shall be issued within 10 days after the erection or alteration of the building shall have been completed.
C.
A record of all certificates shall be kept on file in the office of the Building Inspector and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building affected.
D.
No permit for excavation shall be issued before application has been made for a certificate of occupancy.
E.
No building or premises for which a certificate of occupancy is required may be occupied until such certificate shall have been issued.
§ 91-22 Fees.
[Amended 10-8-2007 by L.L. No. 4-2007[1]]
A.
Regular fees. A fee shall be charged for every permit or certificate of occupancy issued. The amount of such fee shall be determined from time to time by the Board of Trustees of the Village.
B.
Fees for unauthorized construction. The fee for a building permit for construction or alteration of a building or structure shall be three times the amount established by the Board of Trustees pursuant to this article if construction has been commenced or completed at any time before a permit is issued by the Village.
[1]
Editor's Note: This local law stated that it shall take effect 7-1-2008.
§ 91-23 Expiration of building permit; extension.
[Amended 10-9-1978 by L.L. No. 6-1978]
Each and every permit issued by the Building Inspector under the provisions of this article shall expire and become null and void at the expiration of six months from the date of issuance unless within such period the foundation has been built and actual erection and/or construction of the building under such permit shall have been commenced or unless within such period an extension of such permit has been duly obtained from the Building Inspector. The provisions of this section shall apply to any such extension.
§ 91-24 Board of Appeals.
[Added 3-3-1951; amended 12-1-1951; 9-11-1978 by L.L. No. 5-1978; 6-12-1995 by L.L. No. 2-1995; 10-21-2014 by L.L. No. 5-2014; 7-10-2017 by L.L. No. 8-2017]
A.
The Board of Appeals of the Village of Huntington Bay shall consist of five members, appointed by the Mayor and subject to the approval of the Board of Trustees.
B.
No person who is a member of the Board of Trustees shall be eligible for appointment to the Board of Appeals.
C.
The term of each member of the Board of Appeals shall be two official years, and upon the expiration of any term of a member, a successor shall be appointed for a term of two official years.
D.
The Mayor shall designate a member of the Board of Appeals to serve as Chair and a member of the Board to serve as Deputy Chair, each of which appointments shall be for a term until the end of the official year in which such appointments are made and each of which appointments shall be subject to approval by the Board of Trustees.
E.
All meetings of the Board of Appeals shall be held at the call of the Chair and at such other times as a majority of the Board may determine. The Chair, or the Deputy Chair in the absence of the Chair, may administer oaths and compel the attendance of witnesses. In the absence of the Chair and the Deputy Chair from any meeting of the Board, the remaining members of the Board, by majority vote, may designate an Acting Chair who shall have all of the powers of the Chair at such meeting.
F.
If a vacancy shall occur for any reason other than expiration of term, the Mayor shall appoint a new member for the unexpired term.
G.
The Board of Trustees may remove any member of the Board of Appeals for cause and after an opportunity to be heard.
H.
The Board of Appeals may employ experts, and pay for their services, and pay such other expenses of the Board as may be necessary and proper.
I.
When approving any application, the Board of Appeals shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the approval being granted.
J.
Subject to the approval of the Board of Trustees, the Mayor may appoint up to two alternate members of the Board of Appeals who may serve in order of seniority in place of any member of the Board who is unable for any reason to attend any particular meeting of the Board.
(1)
Such alternate members shall be appointed at the annual meeting of the Board of Trustees and shall serve for a term of two years. If more than one alternate is appointed at the same time, the Board of Trustees shall designate the order of priority.
(2)
Such alternate members shall meet all of the requirements for eligibility as established for members of the Board of Appeals.
(3)
Alternate members shall enjoy the same rights and privileges as members of the Board of Appeals; however, an alternate member shall not be entitled to vote unless a regular member is not present or is otherwise disqualified from voting.
K.
Each member and alternate member of the Board of Appeals shall complete, at a minimum, four hours of training each year designed to enable such members to more effectively carry out their duties.
(1)
Training received by a member in excess of four hours in any one year may be carried over by the member into succeeding years in order to meet the requirements of this subdivision.
(2)
Such training may include, but not be limited to, training provided by a municipality, regional or county planning office or commission, county planning federation, state agency, state or local municipal association, college or other similar entity, and may be provided in a variety of formats, including, but not limited to, electronic media, video, distance learning and traditional classroom training.
(3)
To be eligible for reappointment to the Board of Appeals, such member or alternate member shall have completed the required training.
(4)
No decision of a Board of Appeals shall be voided or declared invalid because a member or alternate member of the Board failed to comply with the training requirements.
L.
The Board of Appeals may establish rules and procedures in connection with all proceedings before it, which at a minimum shall require that notice of public hearings be given by publication in a paper of general circulation in the Village at least five days prior to the date thereof. Such notice shall state the location of the building or lot, the date, time and place of the hearing and the nature of the relief sought.