Necessary repairs which do not materially affect structural features or change the use of the building;

Alterations to existing buildings where the use of the building is not changed and which cost less than $10,000 (as measured in January 1, 2000, dollars); do not materially affect structural features; do not affect firesafety features, such as smoke detectors, sprinklers, required fire separations and exits; do not involve the installation or extension of electrical systems; and do not include the installation of solid-fuel-burning heating appliances and associated chimneys and flues; or

The construction of small, noncommercial structures not intended for use by one or more persons as quarters for living, sleeping, eating or cooking, such as a storage shed, so long as the structure is no greater than 100 square feet in floor space.

No land shall be used or occupied, and no building hereafter erected, altered or extended shall be used or changed in use, until a certificate of occupancy shall have been issued by the Commissioner of Public Works, or his or her authorized representative, in accordance with the provisions of the Building Code, and, in the cases of boardinghouses and theaters or other places of public assembly, only after inspection and approval of the Fire Inspector. See Chapter 193, Building Construction. A fee of $100 ($25 if construction is under $10,000) shall accompany the application for a certificate of occupancy, in addition to any other fees imposed by any other code or law.

Each and every time that a request is made of the Commissioner of Public Works, his or her authorized representative or any other employee or official of the City of Middletown to determine whether a certificate of occupancy exists for a particular building or property, or whether or not any violations of this chapter or any code of the City of Middletown exist with respect to such building or property, such request must be accompanied by a fee of $100, and the Commissioner of Public Works shall designate a representative or representatives who will physically inspect such building or property and who will inspect the appropriate records maintained by the City of Middletown with respect to such building or property. After such inspections, the Commissioner of Public Works or his or her authorized representatives will issue a report in writing to the requester based on the best information available to the Commissioner or his or her authorized representatives which will, at a minimum, report whether a certificate of occupancy has been issued for the building or property, attach a copy of the certificate of occupancy if one has been issued, report on the present use of the building or property and the zoning district in which such building or property is located, and report whether there exist any zoning, building code or other code violations with respect to such building or property.

It is the purpose of this section to establish a permit system to register with the City new businesses, as well as businesses undergoing a change in ownership, management or use.

This section shall apply to all commercial and industrial usages ("businesses") in all zoning districts in the City of Middletown, except for home occupations. This section shall apply to:

All newly opening businesses and businesses undergoing a change in ownership, management or use will be required to register and apply for a business permit prior to receiving a certificate of occupancy. All established businesses must register and apply for a permit within 60 days of the effective date of this section.

The Department of Public Works shall issue an application form for a business permit; the form may be digital or written, or both. This form shall include, but not be limited to, a description of the type of business conducted at the subject premises, hours of operation, and contact information for the owner and/or property manager.

The owner or property manager of all businesses which are being discontinued or which are undergoing a change of ownership, management or use must provide notice of same to the Department of Public Works.

Failure of the owner or property manager to comply with the provisions of this section shall subject such person or entity to the penalties provided in § 475-50.

Owners of commercial property are hereby required, upon request by City officials or employees, to provide identification and contact information for their tenants in the City’s implementation of the business permit system provided for in this section. Failure of the property owner to comply with the provisions of this subsection shall subject such person or entity to the penalties provided in § 475-50.

The Commissioner of Public Works or his or her authorized representatives are hereby authorized and empowered to issue a certificate of illegal nonconforming use or to notify the owner of a property which is being used for a prohibited or illegal nonconforming use or as a prohibited or illegal nonconforming building within the City, or the agent of such owner, to discontinue the prohibited or nonconforming use and/or the prohibited or nonconforming building located on such owner's property.

Such notice shall be served in person or by certified mail addressed to the owner at his or her last known address.

If no appeal is taken by such owner or on behalf of the owner to the Zoning Board of Appeals within five days of personal service of such notice or 10 days after service by certified mail, the Commissioner of Public Works or his or her authorized representatives may correct and/or remove the prohibited or nonconforming use and/or prohibited or nonconforming building and shall submit a sworn statement of the cost and expense in connection with such removal to the Treasurer.

When the full amount due the City as set forth in such sworn statement is not paid by such owner within 30 days after correction and/or removal of the prohibited or nonconforming use and/or the prohibited and/or nonconforming building by the Commissioner of Public Works or his or her authorized representatives, the sworn statement of the cost and expense shall constitute a lien on the property for the amount due and shall be collected at the next regular tax collection in the manner fixed by law for the collection of taxes and shall bear the same interest and penalty as taxes. Nothing herein shall prevent the City from collecting such cost or expense by means of an action at law or by any other means provided in the Charter of the City of Middletown or by any other law.

Where the full amount due the City is not paid by such owner within 30 days after correction and/or removal of the prohibited or nonconforming use and/or prohibited and/or nonconforming building, as provided for in Subsections C and D above, then and in that case the Commissioner of Public Works or his or her authorized representatives shall cause to be recorded in the office of the Treasurer a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which said work was done. The recordation of such sworn statement shall constitute a lien and privilege on the property and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes, and, further, a delinquency penalty of 5% shall be imposed in the event that the same is not paid in full on or before the date the tax bill upon which said charge appears becomes delinquent, together with an annual interest rate of 15% from the date of the work. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily and shall be full notice to every person concerned that the amount of the statement plus interest constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.

This chapter or any part thereof may be amended, supplemented or repealed, from time to time, by the Common Council on its own motion or on petition. Each application for a change of zoning shall be accompanied by a fee of $250 to be used for the Common Council public hearing notice. If the applicant requests a postponement, an additional fee of $10 is required for each postponement, payable with the postponement request.

By resolution adopted at a stated meeting, the Common Council shall fix the time and place of a public hearing on the proposed amendment and cause notice thereof to be given.

All notices of public hearings shall specify:

Notice of the public hearing herein required shall be given by publishing on two successive days in the official City newspaper. Publication of such notice shall begin at least five days before the hearing. The Common Council may require giving additional notice to persons particularly interested or affected in any given location.

The Common Council shall, before taking any action on adopting or amending any zoning regulations, refer the same to the Orange County Planning Department, in accordance with §§ 239-l and 239-m of the General Municipal Law. The matters covered by this section shall include any municipal zoning regulation or any amendment thereof which would change the district classification of or the regulations applying to real property lying within a distance of 500 feet from the boundary of any city, village or town, or from the boundary of any county or state park or other recreation area, or from the right-of-way of any county or state parkway, thruway, expressway or other controlled-access highway, or from the right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines, or from the boundary of any county- or state-owned land on which a public building or institution is situated.

If a proposed change or amendment affects property within 500 feet of the boundary of any municipality, a written copy of the official notice of the public hearing shall be given to the clerk of such other municipality. Such municipality shall have the right to appear and be heard at such public hearing but shall not have any right to review or appeal.

Whenever a petition requesting an amendment or repeal of the regulations prescribed for any district or part thereof, or of the Zoning District Map, shall be presented to the Common Council, and such petition is duly signed and acknowledged by 50% or more of the owners of the frontage in the same district classification or higher as the one to which the petition applies within a distance of 300 feet from the boundaries of that portion of such district which such amendment, supplement, change or repeal shall affect (and in the event that one person shall own all of the frontage within the distance aforesaid, such petition shall also have the signature and acknowledgment of two owners of frontage situated within the nearest district of the same classification as the district to which the petition applies), it shall be the duty of the Common Council to vote upon said petition within 90 days after the filing of the same by the petitioners with the Clerk of the Common Council.

If, however, a protest against a proposed amendment, supplement, change, repeal, variance or excepted use is presented, duly signed and acknowledged by the owners of 20% or more of the area of the land included in such proposed change, or by the owners of 20% or more of the area of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20% or more of the area of land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such amendment shall not be passed except by a three-fourths vote of the Common Council.

Where a change in zoning is made upon the petition of any property owner, the Commissioner of Public Works shall, six months after such amendment is adopted, report to the Common Council whether or not such change in use has been actually made by the property owner. If the change in use has not been made by the owner, then the Council may, by majority vote of its members elected and in office, adopt an amendment changing the classification to the original use.

Definition of special use permit. As used in this section the term "special use permit" shall mean an authorization of a particular land use which is permitted by this chapter, subject to the requirements of this chapter to assure that the proposed use is in harmony with this chapter and will not adversely affect the neighborhood if such requirements are met.

Approval of special use permits. On application and after public notice and hearing, the Planning Board may authorize the issuance by the Commissioner of Public Works of special use permits for any of the uses subject to authorization and approval of the Planning Board for which this chapter requires, in the district in which such use is proposed to be located. In approving any such use, the Planning Board shall take into consideration the public health, safety and welfare, and the comfort and convenience of the public in general and of the residents of the immediate neighborhood in particular, and may prescribe appropriate conditions and safeguards as may be required in order that the result of its action may, to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the following objectives in particular:

Enforcement of conditions. Upon the granting of any special use permit with conditions or restrictions, the Department of Public Works shall ensure that no permit issue without assurance that such conditions and/or restrictions have been met or implemented.

Application for area variance. Notwithstanding any provision of law to the contrary, where a proposed special use permit contains one or more features which do not comply with the zoning regulations, application may be made to the Zoning Board of Appeals for an area variance pursuant to § 81-b of the General City Law, without the necessity of a decision or determination of an administrative official charged with the enforcement of this chapter.

Public hearing and decision on special use permits. The Planning Board shall conduct a public hearing within 62 days from the day a complete application is received on any matter referred to it under this section.

The granting of any special use permit application shall be deemed to be a conforming use in the district in which such use is located, provided that such permit shall be deemed to affect only the lot or portion thereof for which such permit shall have been granted.

The Planning Board, in its absolute discretion, may require that special use permits be periodically renewed. Such renewal shall be granted following a public notice and hearing and may be withheld only upon a determination by the Planning Board to the effect that such conditions as may have been prescribed by the Planning Board in conjunction with the issuance of the original permit have not been or are being no longer complied with. In such cases, a period of 62 days shall be granted the applicant for full compliance prior to the revocation of said permit.

Definition of site plan. As used in this section the term "site plan" shall mean a rendering, drawing, or sketch prepared to specifications and containing necessary elements, as set forth in this chapter, which show the arrangement, layout and design of the proposed use of a single parcel of land (or more than a single parcel, as the case may be) as shown on said plan. Plans showing lots, blocks or sites which are subject to review pursuant to authority provided for the review of subdivisions under § 32 of the General City Law and/or the Middletown City Code shall continue to be subject to such review and shall not be subject to review as site plans under this section.

In all cases where this chapter requires the approval of site plans, no building permit shall be issued by the Commissioner of Public Works or his or her representatives except upon authorization of and in conformity with plans approved by the Planning Board.

Approval of site plans. All site plans must show the arrangement, layout and design of the proposed use of the land on said plan. In approving the plans for a particular use, the Planning Board shall give specific consideration to those general considerations listed in Subsection B of this section, as well as to the following objectives to be shown and addressed on the site plan:

Application for an area variance. Notwithstanding any provision of law to the contrary, where a proposed site plan contains one or more features which do not comply with the zoning regulations, application may be made to the Zoning Board of Appeals for an area variance pursuant to § 81-b of the General City Law, without the necessity of a decision or determination of an administrative official charged with the enforcement of this chapter.

Site plan elements. The applicant shall cause a site plan map to be prepared by a civil engineer, surveyor, land planner, architect or other competent person. Site plan elements shall include the following:

Conditions attached to the approval of site plans. The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to a proposed site plan. Upon approval of any site plan, any such conditions must be met in connection with the issuance of permits by the Department of Public Works. Unless work is commenced and diligently prosecuted within six months and completed within two years of the date of the granting of site plan approval, such site plan shall be null and void.

Procedure for site plan review.

The Planning Board may require that the site plan approval be periodically reviewed.

The developer shall install underground utilities (electrical, telephone and cable television) in the streets and on the lots unless this requirement is waived by the Public Service Commission and the Planning Board.

The developer shall, at his expense, install whatever fire alarm standards, bases and connections are deemed necessary by the Commissioner of Public Works and the Planning Board.

In considering applications for expansions of nonconforming uses, special use permits and/or site plans, the Planning Board shall apply and mandate all of the provisions of Chapter 414 of the Code of the City of Middletown, Stormwater Management; Erosion and Sediment Control.

A failure to comply with the terms or conditions of any special use permit or site plan is an offense punishable as provided in § 475-50 of this chapter.