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Marcellus Town City Zoning Code

§ 235-23

Zoning permit, building permit and certificate of occupancy or compliance.

A. 
Any person wishing to change or expand the use of any building, structure or land or erect any building or structure, or perform any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof and the installation of a solid fuel burning heating appliance, chimney or flue in any dwelling unit, shall apply to the Town Clerk for a building or zoning permit. Application forms for this purpose may be obtained from the Town Clerk. The applicant must affirm on said application that all requirements of the Zoning Law and Uniform Code as herein defined shall be complied with. If the application appears in correct form and for a permitted use in compliance with this chapter, the Code Enforcement Officer shall issue a zoning permit or building permit to the applicant within 10 days of the date of filing. The reason for rejection shall be noted on the copy returned to the applicant.
B. 
No building or structure hereinafter erected or altered shall be occupied or any change of use or expansion of use implemented until a certificate of occupancy or compliance has been issued by the Codes Enforcement Officer to the applicant. It is the responsibility of the applicant to notify the Code Enforcement Officer upon the completion of the construction to the building or structure or of the change or expansion in use. The Code Enforcement Officer will then inspect the project. If said inspection reveals the requirements of this chapter have been complied with and all the requirements of the New York State Uniform Protection and Building Code arc complied with, then the Code Enforcement Officer shall issue a certificate of occupancy or compliance within 30 days.
C. 
New building and vacant land. Construction on any building hereafter erected shall not be commenced nor shall vacant land be occupied or used, in whole or in part, until the appropriate permit shall have been issued by the official designated by the Town Board and posted on the premises certifying that such building, its location, and its use and the use proposed for the land conforms to the provisions of this chapter.
D. 
Buildings hereafter altered. No building shall hereafter be enlarged or extended or altered, wholly or in part, so as to change the classification of occupancy, and no building hereafter altered for which a permit has not been heretofore issued, shall be occupied or used, in whole or in part, until a certificate of occupancy shall have been issued.
E. 
Changes of occupancy of existing building.
(1) 
No change of occupancy, use or construction shall be made in a building hereafter unless the official designated by the Town Board certifies that such changes conform substantially to the provisions of this chapter and a certificate of occupancy or compliance has been issued.
(2) 
The use of a building or premises shall not be deemed to have changed because of a temporary vacancy or change of ownership or tenancy, except in the case of legal nonconformity as outlined in § 235-20.
F. 
Length of validity. Permits shall be valid for up to one year from date of issue. Upon application to the Zoning Board of Appeals, a one-year extension may be granted, provided that such an application shall be made in writing prior to the end of the first year. If at the end of two years substantial work has not been done, the permit shall expire and shall be null and void.
G. 
Nonconforming lots. A building permit will be eligible for issuance by the Code Enforcement Officer for nonconforming lots, as defined in § 235-20, provided that:
(1) 
The lot was conforming at the time of adoption of this chapter;
(2) 
The proposed construction will comply with all setbacks and other dimensional controls for the appropriate zone; and
(3) 
The proposed construction does not increase the nonconforming feature(s) of the property.