Lake Grove Village City Zoning Code
ARTICLE VIII
Permits and Certificates
§ 175-56 Building Inspector.
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 have been complied with.
§ 175-57 Building permits.
[Amended 8-21-1997 by L.L. No. 5-1997; 6-15-2023 by L.L. No. 3-2023; 2-20-2025 by L.L. No. 6-2025]
A.
Permits required.
(1)
No building, structure, driveways or any appurtenances connected or attached to such building or structure, or any other changes to the premises, shall be erected, altered, constructed, moved, enlarged, modified, replaced, structurally repaired, removed or demolished until a building and/or plumbing permit therefor has been issued by the Building Inspector.
(2)
It shall be unlawful for any person, corporation, firm, partnership, limited liability company, trust, trustee, estate, estate fiduciary or representative or other entity to commence work for the construction, alteration, movement, enlargement, modification, replacement, structural repair, removal or demolition of any building or structure or driveway or any appurtenances connected or attached to such building or structure without having first obtained a building permit and/or plumbing permit for such work.
(3)
Altering size or shape or addition of parking areas/driveways on the premises requires the issuance of a building permit. The maximum amount of area consisting of asphalt, gravel, stone, or dirt or other non-vegetative material to be used primarily for the parking of vehicles or as a driveway shall not exceed 25% of the area of the primary front yard of any residential lot.
B.
With respect to all premises located in a business or industrial area, the applicant shall furnish the Building Department with a copy of any restrictive covenant in favor of the village affecting such property. If there is no restrictive covenant affecting the premises, the applicant shall furnish an affidavit to that effect. Any false statement, intentional or unintentional, may subject the building permit or the certificate of occupancy, if one has been issued, to immediate revocation if the premises in any way violates the terms and conditions of the restrictive covenant. The term "restrictive covenant" shall mean a covenant executed by the present owner of the property or a predecessor in title in favor of the Village of Lake Grove or the Town of Brookhaven, but shall not mean covenants executed between private parties.
C.
There shall be submitted with every application for a building permit two copies of a survey, prepared by a licensed surveyor, of the proposed building plot, showing the following information:
(1)
Proposed structure, showing front, side and rear yards.
(2)
Elevation of first floor related to existing street elevation.
(3)
Distance to nearest mapped street.
(4)
Width of street right-of-way.
(5)
Type and width of pavement.
(6)
Location and number of the two nearest utility poles.
D.
One copy of such plot plan shall be returned when approved by the Building Inspector, together with such permit, to the applicant upon the payment of the required fee.
E.
The building permit fee for all swimming pools above and below ground shall be as set forth in the fee schedule of the Village of Lake Grove.[1]
[1]
Editor's Note: The current fee schedule is included in the Appendix as Ch. A180, Fees.
§ 175-58 Certificates of occupancy.
A.
No land shall be occupied or used, and no building or structure hereafter erected or altered shall be used or changed in use, until a certificate of occupancy shall have been issued by the Building Inspector, stating that the building or structure or proposed use thereof complies with the provisions of this chapter. Before a certificate shall be issued for any construction or alteration or use having a cost in excess of $2,000, there shall be submitted to the Building Inspector a survey prepared by a licensed surveyor, showing the following information:
(1)
The actual dimensions of the lot and the location on the lot of the buildings and structures thereon.
(2)
Elevation of first floor (lowest livable floor area) and of the garage floor related to existing street elevation.
(3)
Where established grade was given with the permit, all elevations, including established street elevations, shall be shown in United States Coast and Geodetic Survey datum.
B.
No nonconforming use shall be maintained or renewed without a certificate of occupancy having first been issued by the Building Inspector therefor.
C.
All certificates of occupancy shall be applied for coincident with the application for a building permit. Said certificate shall be issued within 10 days after the erection or alteration shall have been approved.
D.
The Building Inspector shall maintain a record of all certificates of occupancy and certificates of existing use, and:
[Amended 3-7-1996 by L.L. No. 3-1996]
(1)
Copies shall be furnished, upon request to any person having a proprietary or tenancy interest in the building, structure or premises affected, upon the payment of a fee as set forth in the fee schedule of the Village of Lake Grove[1] and upon presenting a recent survey of the property showing the building or structure erected upon the premises as of the date of application.
[1]
Editor's Note: The current fee schedule is included in the Appendix as Ch. A180, Fees.
(2)
Where the original certificate of occupancy was issued by the Town of Brookhaven and a copy of such certificate is not available or cannot be issued by the Building Department of the Town of Brookhaven, a certificate of existing use may be issued by the Building Inspector of the Village of Lake Grove to any person having a proprietary or tenancy interest in the building, structure or premises affected, upon the payment of a fee as set forth in the fee schedule of the Village of Lake Grove[2] and upon presenting a recent survey of the property showing the building or structure erected upon the premises as of the date of application. The Building Inspector shall make a personal inspection of the building or structure for which such certificate is requested to ascertain and compare the recent survey presented with the building or structure actually on the premises.
[2]
Editor's Note: The current fee schedule is included in the Appendix as Ch. A180, Fees.
E.
No permit for excavating for, or for the erection or alteration of, any building structure shall be issued until an application has been made for a certificate of occupancy.
F.
Under such rules and regulations as may be established by the Board of Appeals and approved by the Village Board, a temporary certificate of occupancy for not more than 30 days for a part of a building may be issued by the Building Inspector.