Hyde Park City Zoning Code
§ 108-32.1
Certificate of occupancy required.
Pursuant to § 10 of the Statute of Local Government and § 10 of the Municipal Home Rule Law, the certificate of occupancy is hereby established as the authorizing document for the height, number of stories and size of buildings and other structures, the percentage of lot occupied, the size of yards, courtyards, and other open spaces, the density of population, and the location and use of buildings, structures and land for trade, industry, residence or other purposes in the Town of Hyde Park.
A.
It shall be unlawful for an owner to use or permit the use of any land for trade, structure, or part thereof, hereafter created, erected, changed, converted or enlarged, wholly or partly in its use or occupancy, until a certificate of occupancy shall have been issued by the Building Inspector.
B.
It shall be the duty of the Building Inspector to issue a certificate of occupancy, upon finding:
(1)
That the Zoning Administrator has confirmed that all proposed uses conform in all material respects to the requirements of this chapter and that the project as built complies in all material respects with the approved site plan, where applicable;
[Amended 8-24-2009 by L.L. No. 2-2009]
(2)
In the case of construction or alteration of a structure that the Building Inspector has inspected the structure and certified that it has been constructed or altered in accordance with the building permit and the State Building Code;
(4)
That all applicable fees have been paid.
C.
A certificate of occupancy shall state that such use is in complete conformity with the provisions of this chapter.
(1)
Such certificate shall specify each particular use, any conditions of occupancy and the scale and density found to be conforming.
[Amended 8-24-2009 by L.L. No. 2-2009]
D.
A certificate of occupancy shall be deemed to authorize and is required for both the initial and continued use of the land or structure to which it applies and shall continue in effect as long as such use is in full conformity with the provisions of this chapter and any requirements made pursuant thereto.
E.
Application. Application for a certificate of occupancy shall be made in writing to the Building Inspector in the form and manner prescribed in Article 30, together with the fee set forth in the fee schedule adopted by the Town Board.
F.
Revocation. If the Building Inspector or Zoning Administrator determines that a violation of this chapter is occurring on a lot, he shall serve a notice of violation and revocation on the owner of such lot.
(1)
Such notice shall be in writing and shall state the nature of the violation and shall be served upon the person to whom it is directed:
(2)
In the event that such violation continues for a period of five days after the service of such notice as herein set forth, the Building Inspector or Zoning Administrator shall revoke the certificate of occupancy and any related license, permit or other authorization issued pursuant to this chapter.
(3)
In the event that such violation shall continue after the revocation of the certificate of occupancy and any related license, permit or other authorization, the Zoning Administrator shall issue an appearance ticket for unlawful use of land or structures in the Town and so notify the Town Board.
(4)
Notwithstanding any of the foregoing provisions, any license may be revoked by the Zoning Administrator after the licensee has been found guilty in any court of competent jurisdiction of violating any provision of this chapter.
(5)
After such violation has been remedied and/or corrected, a new certificate of occupancy may be applied for. After such new certificate of occupancy has been obtained, any related license, permit or other authorization that has been revoked may be reissued by the Zoning Administrator.