Monroe City Zoning Code
ARTICLE XIV
Administration and Enforcement 1
§ 200-68 Building permits.
[Amended 12-21-2010 by L.L. No. 3-2010; 6-13-2017 by L.L. No. 5-2017]
No building or accessory building in any district shall be erected, reconstructed or restored or structurally altered, nor shall any person, firm, corporation or association do any earth work, such as excavating, filling, blasting, changing the grade of any land or altering the course or bed of any natural water body, or cause the same to be done in any preparation for such erection, construction, enlargement, alteration, improvement or conversion of any building or structure or any accessory use to service such building or structure, such as parking facilities, without first obtaining a building permit from the Building Department; and no principal building shall be re-roofed or re-sided without a building permit duly issued upon application to the Building Inspector and payment of the required fee. No building permit shall be issued unless the proposed construction or use is in full conformity with all the provisions of this chapter. No building permit shall be issued to any property that has an expired permit on file. Any building permit issued in violation of the provisions of this chapter shall be null and void and of no effect, without the necessity for any proceeding or revocations or nullification thereof; and any work undertaken or use established pursuant to any such permit shall be unlawful.
A.
Application. An application for a building permit shall contain the following information and be accompanied by the required fee (see fee schedule[1]) and by a plot plan drawn to scale and signed by the person responsible for such drawing. If no such plot plan is available, a survey, prepared by a licensed engineer or land surveyor, is required. The application shall include:
(1)
The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected or of the lot on which it is situated.
(2)
The section, block and lot number as they appear on the latest tax records.
(3)
The exact size and location on the lot of the proposed building or buildings or alteration of an existing building and of other existing buildings on the same lot, or structures proposed.
(4)
The dimensions of all yards in relation to the subject building and the distances between such building and any other existing buildings on the same lot.
(5)
The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units the building is designed to accommodate.
(6)
Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this chapter.
(7)
Copy of sewer permit issued by Orange County Sewer District No. 1.
(8)
Copy of Orange County Electrical License for contractor performing any electrical work.
[1]
Editor's Note: The fee schedule is on file in the Village offices.
B.
Street access. No building permit shall be issued for the construction or structural alteration of any building upon a lot without access to a street or highway as stipulated in § 7-736 of the Village Law.
C.
Professional seal. No building permit shall be issued for the construction or structural alteration of any building with a total floor area of more than 800 square feet unless the plans and specifications are prepared by and stamped with the seal of a registered architect or a licensed professional engineer in New York State.
D.
Earthwork or earthmoving activities. When application is made for any building permit that involves earthwork or earthmoving activities, such as excavation, clearing, stripping, filling, grading or removal such that one or more of the following thresholds are met, site plan review and approval shall be required in accordance with Article XV of this zoning chapter before any building permit is issued:
[Amended 9-14-2023 by L.L. No. 11-2023]
(1)
A change in proposed grade that involves the use of any tracked construction equipment or equipment in excess of 1,000 pounds.
(2)
A change in the finished grade by more than three vertical feet at any single point on the lot.
(3)
A change in the average finished grade by more than one vertical foot of any horizontal area exceeding 100 square feet.
(4)
A change in the average finished grade adjoining the foundation of a principal structure by more than one vertical foot.
E.
Hours of construction. The building permit shall limit the hours of construction activity to 8:00 a.m. to 8:00 p.m. Eastern standard time (7:00 a.m. to 7:00 p.m. Eastern daylight standard time), Mondays to Saturdays.
F.
Lot on filed subdivision map. No building permit shall be issued for a lot in a subdivision requiring approval by the Planning Board, unless the subdivision map has been properly filed in the office of the County Clerk.
G.
Site plan approval by Planning Board. No building permit shall be issued for any building where the site plan of such building is subject to approval by the Planning Board, except in conformity with the plans approved by said Board.
H.
Copies. Two copies of the building permit application supporting documentation shall be submitted. On the issuance of a building permit, the Building Inspector shall return one copy of all filed documents to the applicant.
I.
Action. The Building Inspector shall, within 10 days after the filing of a complete and properly prepared application, either issue or deny a building permit. If a building permit is denied, the Building Inspector shall state, in writing, to the applicant the reasons for such denial within five days of such action.
J.
Expiration. Every building permit shall expire if the work authorized has not commenced within six months after the date of issuance or has not been completed within 12 months from such date. If no zoning amendments or other codes or regulations affecting the subject property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of either of the above periods for an additional six months, following which no further work is to be undertaken until a new building permit is applied for.
K.
Construction inspections. The following construction inspections are required to be performed by the Building Inspector, who must be notified 24 hours in advance of a requested inspection; and no further work is to take place until the inspection has been made, and the inspection results have been made known to the contractor:
(1)
Footings and slabs (prior to pouring of concrete).
(2)
Complete foundation (includes anchor bolts, parging, waterproofing and footing drains).
(3)
Sheathing (before roofing, siding or felt is applied).
(4)
Rough framing (before any insulation or drywall is applied).
(5)
Rough plumbing and electrical (before insulation/drywall). All electrical work for buildings and pools must be inspected by the New York Board of Fire Underwriters or other qualified agency.
(6)
Insulation (before any wall covering is applied).
(8)
Drywall (before walls are spackled).
(9)
Well-water line (before backfilling of piping).
(10)
Septic systems (before backfilling of piping). Approval by Village Engineer is also required.
(11)
Building sewer laterals (only if not covered by Orange County Sewer District No. 1).
(13)
Final inspection (required prior to the issuance of a certificate of occupancy and occupancy or use of a structure).
L.
Location survey. As soon as the foundation of a building or of any addition to an existing building is completed and before first story framing or wall construction is begun, there shall be filed with the Building Inspector an accurate survey signed by the person responsible for said survey showing the exact location of such foundation with respect to the street and property lines of the lot.
§ 200-69 Certificate of occupancy.
A.
Coverage. The following shall be unlawful until a certificate of occupancy has been issued by the Building Inspector:
[Amended 6-13-2017 by L.L. No. 5-2017]
(1)
Occupancy and use of a building erected, reconstructed, restored, structurally altered or moved; or any change in use of an existing building.
(2)
Occupancy, use or any change in the use of any land.
(3)
Any change in use of a nonconforming use.
(4)
Occupancy and use of an enlargement to an existing structure.
(5)
Addition of an accessory building or use.
(6)
Any change in tenancy of a nonresidential use.
B.
Site plan approval by Planning Board. No certificate of occupancy shall be issued for any land or use requiring site plan approval by the Planning Board, unless and until such site plan approval has been duly granted. Every certificate of occupancy for which site plan approval has been granted, or in connection with which a variance has been granted by the Board of Appeals, shall contain a detailed statement of any condition to which the same is subject.[1]
C.
Action. If the proposed use is in conformity with the provisions of this chapter and of all other applicable codes and ordinances, a certificate of occupancy shall be issued by the Building Inspector upon final inspection. If a certificate of occupancy is denied, the Building Inspector shall state the reasons, in writing, to the applicant.[2]
[Amended 6-13-2017 by L.L. No. 5-2017]
D.
Authorization. A certificate of occupancy shall be deemed to authorize and is required for both initial occupancy and the continuance and use of the building or land to which it applies.
E.
Existing building or use. Upon written request by the owner, the Building Inspector shall, after inspection, issue a certificate of occupancy for any building or use thereof or of land existing at the time of adoption of this chapter, certifying such use (including the number of employees) and whether or not the same and the building conform to the provisions of this chapter.
[Amended 6-13-2017 by L.L. No. 5-2017]
F.
Copies. A record of all certificates of occupancy shall be kept in the office of the Building Inspector, and copies shall be furnished on request to any agency of the Village or to any persons having a proprietary or tenancy interest in this building or land affected.
§ 200-70 Duties of Building Inspector.
A.
Enforcement of the provisions of this chapter. It shall be the duty of the Building Inspector, who shall be appointed by the Village Board, to enforce the provisions of this chapter and of all rules, conditions and requirements adopted or specified pursuant thereto.
B.
Right to enter. The Building Inspector, or duly authorized assistant(s), shall have the right to enter any building or enter upon any land at any reasonable hour as necessary in the execution of their duties, provided that:
[Amended 6-13-2017 by L.L. No. 5-2017]
(1)
The Building Inspector shall notify the owner and tenant before conducting any interior inspection.
(2)
The Building Inspector, or his duly authorized assistant(s), shall display proper identification upon commencing an inspection.
(3)
Inspections shall be commenced in the presence of the owner or his representative or tenant.
C.
Maintain files of applications. The Building Inspector shall maintain files, open to the public, of all applications for building permits along with plans submitted therewith, as well as final certificates and permits.
[Amended 6-13-2017 by L.L. No. 5-2017]
D.
Maintain records of complaints. The Building Inspector shall also maintain records, open to the public, of every complaint of a violation of the provisions of this chapter, as well as action taken as a result of such complaints. All complaints shall be in writing and signed by the individual making the complaint.
[Amended 6-13-2017 by L.L. No. 5-2017]
E.
Make regular written reports. The Building Inspector shall submit to the Village Board, for insertion in the Board minutes, a written report summarizing for the month all building permits and certificates of occupancy issued by him, as well as complaints of violation and action taken as a result of such complaints.
F.
Coordinate activities. The Building Inspector shall coordinate these activities with the activities of other applicable Village agencies, such as Public Works, the Water Department, Village Engineer and Village Attorney.
§ 200-71 Penalties for offenses; stop-work orders.
A.
Violation. Pursuant in § 7-714 of the Village Law, violation of any provision or requirement of this chapter or violation of any statement, plan, application, permit or certificate approved under the provisions of this chapter shall be considered an offense punishable by a fine as set forth in Chapter 1, Article II, General Penalty.
[Amended 7-6-1999 by L.L. No. 3-1999]
B.
Responsibility. The owner, general agent or contractor of a building, premises or part thereof where such a violation has been committed or does exist shall be guilty of such an offense.
C.
Complicity. Any agent, contractor, architect, builder, corporation or other person who commits, takes part or assists in such violation shall also be guilty of such an offense.
D.
Continuance. Each day's continued violation shall constitute a separate additional violation. Such period shall be deemed to have begun 10 days after written notice, evidenced by postmark or certification of service, by the Building Inspector, setting forth the applicable regulations and the elements of the offense, such notice to be certified mail, return receipt requested, or by personal service.
[Amended 6-13-2017 by L.L. No. 5-2017]
E.
Separate legal action. The imposition of penalties herein prescribed shall not preclude the Village or any person from instituting appropriate legal action or proceeding to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to restrain, correct or abate a violation or to prevent the illegal occupancy of a building, land or premises.
F.
Whenever the Building Inspector has reasonable grounds to believe that work on any building or structure is proceeding in violation of the provisions of the applicable building laws, ordinances or regulations, or not in conformity with the provisions of an application, plans or specifications upon which a building permit was issued, or in any unsafe and dangerous manner, he shall notify the owner of the property or the owner's agent or the person performing the work to suspend all work, and any such person shall forthwith stop such work and suspend all building activities until the stop order has been rescinded, which notification shall be served upon the person to whom it is directed, either by delivery of it personally to him or by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by registered mail to the address stated in the application.
[Added 7-6-1999 by L.L. No. 3-1999]