Islandia City Zoning Code
ARTICLE IV
Administration; Permits and Fees
§ 177-21 Administration and enforcement.
It shall be the duty of the Building Inspector and he is hereby given the power and authority to administer and enforce this chapter. No building permit or certificate of occupancy shall be issued by him except where the provisions of this chapter, the Building Code or any pertinent town, county or state requirements have been complied with.
§ 177-22 Applications for building permits.
The Building Inspector shall require that the application for a building permit and the accompanying plot plan and plans (architectural and mechanical) shall contain all the information necessary to enable him to ascertain whether the proposed building complies with the provisions of this chapter and the Building Code.
§ 177-23 Approval required.
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 and the Building Code.
§ 177-24 Permits required.
No building or structure shall be erected or altered until a building and/or plumbing permit has been issued by the Building Inspector. All applications for such permits shall be in accordance with the requirements of this chapter and, except upon written order of the Board of Appeals, no building permit or certificate of occupancy shall be issued for any building or structure where said construction, alteration or use thereof would be in violation of any of the provisions of this chapter.
§ 177-25 Form of application.
An application for a permit shall be submitted in such form as the Building Inspector may prescribe. Such application shall be made by the owner of record or the owner's agent, if duly authorized, in writing.
§ 177-26 Drawings to be submitted.
Application for permits shall be accompanied by three copies of drawings of the proposed work drawn to scale, including floor plans, elevations, structural details and plot diagrams as the Building Inspector may require.
§ 177-27 Amendments to application.
Nothing in this article shall prohibit the filing of amendments to an application or to a plan or other drawing of the work for which a permit was sought. Such amendment, after approval, shall be filed with and be deemed a part of the original application (see the Village fee schedule[1]).
[1]
Editor's Note: The Village fee schedule is on file in the office of the Village Clerk.
§ 177-28 Repairs.
Repairs to buildings or structures may be made without filing an application or obtaining a permit, provided that no structural alterations be made and further provided that such repairs are in accordance with the provisions of this chapter.
§ 177-29 Completion of buildings under construction.
Nothing in this chapter shall require changes in plans, construction or designated use of a building, the construction of which shall have been actually begun within 30 days after this chapter becomes effective and which shall be completed within one year thereafter.
§ 177-30 Demolition of existing buildings.
A permit shall be secured for the demolition of a building. The work of demolition shall be completed within four months after the permit is issued. All debris shall be cleaned up and all excavations filled to within one foot of grade. The Village may require a demolition bond to assure completion of the work of demolition cleanup and restoration.
§ 177-31 Issuance or denial of permits.
Applications for permits shall be examined within a reasonable time after filing and, if after examination it appears that the proposed work is in compliance with the provisions of this chapter and all other laws applicable thereto and that the proposed construction of work shall be safe, a permit shall be issued. If an examination reveals otherwise, the application shall be returned as rejected and the findings noted in a report attached to the application.
§ 177-32 Approval in part.
The Building Inspector may issue a permit for the construction of part of a building or structure before the entire plans and specifications of said building or structure have been submitted or approved, provided that satisfactory plans and/or specifications satisfactory to the Building Inspector have been presented for the same and have been found to comply with this chapter.
§ 177-33 Permit for moving building; bond.
A bond may be required by the Building Inspector to indemnify the Village for damage caused by the moving of a building or structure. If such a bond is requested, no permit to remove a building or structure shall be granted until the bond is filed with the Village of Islandia.
§ 177-34 Work to conform with approved plans.
All work performed under a permit issued by the Building Inspector signed by him or his authorized assistant shall conform to the approved application, plans and approved amendments thereof.
§ 177-35 Expiration of permits; renewal.
A permit shall expire one year after the date of issuance. Upon payment of the proper fees, a permit may be renewed, but not more than three one-year renewals may be granted.
§ 177-36 Revocation of permit.
The Building Inspector may revoke a permit or approval issued under the provisions of this chapter if there has been any false statement or any misrepresentation as to a material fact in the application or plans on which the permit or approval was based or upon a check or draft that has been returned for any reason or if other necessary approvals or permits required by the state or County of Suffolk have not been obtained within the time prescribed.
§ 177-37 Posting of permit.
The building permit shall be visibly displayed until such time as a certificate of occupancy has been obtained. The Building Inspector shall require a certified copy of the approved plans to be kept on the job site at all times until completion of the work.
§ 177-38 Stoppage of work.
If the Building Inspector finds that work is defective or illegal or is in violation of a provision or a requirement of this chapter or the Building Code or finds that the continuance of a building operation is contrary to public welfare, he may order, orally or in writing, that all further work be stopped until the condition in violation has been remedied.
§ 177-39 Certificate of occupancy required.
No land shall be occupied or used and no building hereafter erected, enlarged, extended or altered shall be so occupied or used in whole or in part until a certificate of occupancy certifying that such building conforms to the approved plans and the requirements of this chapter and stating the purposes for which the building may be used in its several parts and any special stipulations shall have been issued by the Building Inspector and signed by him or his authorized assistant. If the occupancy or use of a building is not discontinued during the work of alteration, the occupancy or use of the building shall not be continued for more than 30 days after completion of the alteration unless a certificate shall have been issued by the Building Inspector.
§ 177-40 Certificate of zoning compliance.
A.
The Building Inspector may issue a certificate of zoning compliance in place and instead of a certificate of occupancy whenever he deems a certificate of zoning compliance more appropriate than a certificate of occupancy for all or part of a vacant unoccupied shell or unoccupied building; provided, however, that the procedure, prerequisites and fees for obtaining a certificate of zoning compliance shall be the same as are applicable to a certificate of occupancy, and further provided that the term "certificate of occupancy" used in various places throughout this chapter shall be deemed to include the term "certificate of zoning compliance." No portion of the vacant unoccupied shell or unoccupied building may be occupied in whole or in part unless and until an appropriate certificate of occupancy shall be issued for the intended use and occupancy of a vacant unoccupied shell and unoccupied building.
B.
The Building Inspector shall be authorized to issue a certificate of compliance in place of a certificate of occupancy for accessory structures and uses such as sheds, detached garages, decks, swimming pools and fireplaces after the payment of the necessary fees and the filing of the required plans, specifications and applications.
C.
The Building Inspector shall also be authorized to issue a certificate of compliance in lieu of a certificate of occupancy in all instances where additions, fire damage, repair or interior work was performed or construction completed prior to the applicant having obtained the necessary permits and where the Building Inspector can only review the work performed by visual inspection.
§ 177-41 Change of occupancy.
[Amended 1-2-2003 by L.L. No. 1-2003]
No occupancy or use shall be made of land or a building that is not consistent with the last-issued certificate of occupancy for such building or use of land unless a permit is secured. In case of an existing building, no change of occupancy that would bring it under some special provision of this chapter shall be made unless the Building Inspector, upon inspection, finds that such building conforms substantially to the provisions of this chapter and the New York State Uniform Fire Prevention and Building Code.
§ 177-42 Restrictive covenants.
An application to the Village Board or the Zoning Board of Appeals may result in the imposition of conditions of restrictive covenants by deed or stipulation; the owner or tenant shall perform the obligations created thereby. The conditions or restrictions so imposed shall be a continuing obligation requiring that compliance therewith be continued during the duration of the use of the premises pursuant to such application. The failure to comply with any and all covenants, conditions or restrictions so imposed shall be deemed a violation of this article, subject to the penalties provided in § 177-119.
§ 177-43 Sale of copies of chapter or amendments.
A fee shall be collected for the obtaining of a copy of this chapter with amendments and/or individual amendments, which fees shall be as determined by the Village Board.
§ 177-44 Separately owned lots.
[Added 2-1-1996 by L.L. No. 2-1996]
A. SINGLE AND SEPARATE STATUS
Definitions. As used in this section, the following terms shall have the meanings indicated:
The condition where a lot has existed in nonconformance with a zoning local law or amendments thereto since prior to existence of the restricting local law. Proof of this status is a chain of title showing no common ownership between subject parcel and surrounding parcel(s) since institution of the restricting local law.
B.
Procedure.
(1)
Proof of single and separate ownership shall be submitted to the Village Board in the form of a certification made by an attorney or recognized title company on a form prescribed by the Building Inspector, accompanied by a chain of title of the subject property and all contiguous property and also a survey prepared by a licensed surveyor identifying the contiguous lot numbers and/or properties.
(2)
The Village Board shall make a determination and shall impose such conditions as it deems necessary. Such conditions shall be consistent with the spirit and intent of this chapter and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
C.
Requirements for separately owned lots in a Low-Density Residence District or a Medium-Density Residence District:
(1)
A single-family dwelling may be erected on any lot which was separately owned at the time of the passage of the local law or on any lot separately owned at the time of any amendments thereto heretofore adopted and which has not come into common ownership with adjoining property and conforms to the area density requirements of the amended zoning local law prior to any such amendment and conforms to all other minimum requirements of this chapter.
(2)
A single-family dwelling may be erected on any lot which was separately owned at the time of passage of the local law or on any lot separately owned at the time of any amendment thereto heretofore adopted and which has not come into common ownership with adjoining property and conforms to the width of lot requirements of the amended zoning local law prior to any such amendment and conforms to all other minimum requirements of this chapter.
(3)
A single-family dwelling may be erected on any lot which was separately owned at the time of the passage of the local law or any amendment thereto heretofore adopted and which has not come into common ownership with adjoining land at any time thereafter and which shall meet all other requirements hereunder and shall maintain the following requirements as to side yards:
(a)
In the case of a plot having a width of at least 40 feet but less than 50 feet, the sum of the width of the two side yards shall be 16 feet with a minimum width of either of such yards of six feet.
(b)
In the case of a plot having a width of at least 50 feet but less than 60 feet, the sum of the width of the two side yards shall be 20 feet with a minimum width of either of such yards of 10 feet.
(c)
In the case of a plot having a width of at least 60 feet but less than 75 feet, the sum of the width of the two side yards shall be 24 feet with a minimum width of either of such yards of 12 feet.
(d)
In the case of a plot (in the Low-Density Residence District only) having a width of at least 75 feet but less than 100 feet, the sum of the width of the two side yards shall be 32 feet with a minimum width of either of such yards of 16 feet.
D.
Requirements for separately owned lots in other districts.
(1)
A permitted building may be erected on or a permitted use may occupy any lot which was separately owned at the time of the passage of this chapter and which has not come into common ownership with adjoining property and conforms to the area density requirements of the zoning local law prior to such codification and conforms to all other minimum requirements of this chapter.
(2)
A permitted building may be erected on or a permitted use may occupy any lot which was separately owned at the time of the passage of this chapter and which has not come into common ownership with adjoining property and conforms to the width of lot requirements of the zoning local law prior to such codification and conforms to all other minimum requirements of this chapter.
§ 177-45 Recreational contribution.
[Amended 2-1-1996 by L.L. No. 2-1996]
Upon presentation of the application for building permits for any multiple-family structure to the Inspector, the applicant shall be required to submit proof satisfactory to the Planning Board that suitable and adequate contribution has been made for the recreational needs of Village residents. In lieu of such proof, a fee as established in the Village fee schedule[1] shall be paid with the application for, and prior to, issuing building permits.
[1]
Editor's Note: The Village fee schedule is on file in the office of the Village Clerk.