Monroe Town City Zoning Code
ARTICLE XVI
Administration and Enforcement
§ 57-66 Interpretation of provisions; minimum requirements.
In applying and interpreting the provisions of this chapter, said provisions shall be held to be minimum requirements adopted for the promotion of the public health, safety, morals, comfort, convenience and general welfare. The following specific regulations shall apply:
A.
A minimum required lot or yard size for one building or structure shall not be used as any part of a required lot or yard for a second structure.
B.
The required lot or yard for an existing building or structure shall not be diminished below the minimum requirements of this chapter.
C.
The parking spaces required for one building or structure or use shall not be included in the computation of required parking spaces for a second building or structure or use.
§ 57-67 Effect on other regulations and agreements.
A.
Nothing contained in this chapter shall be taken to repeal, abrogate, annul or in any way impair or interfere with any provisions of law or ordinance or regulations existing or as may be adopted in the future, nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or structures or requires larger lots, yards, courts or other open spaces than imposed or required by such other provisions of law, ordinance or regulation or by such easements, covenants or agreements, the provisions of this chapter shall control.
B.
Wherever the provisions of any other law or ordinance or regulations impose a restriction greater than this chapter, the provisions of such other law or ordinance or regulations shall control.
C.
No provision contained in this chapter shall be construed as justifying the encroachment of any building or structure within any street lines now or hereafter laid down.
§ 57-68 Enforcement.
A.
It shall be the duty of the Building Inspector to administer and enforce the provisions of Article 16 of the Town Law and the provisions of this chapter. Should the said Building Inspector be in doubt as to the meaning or intent of any provision of this chapter, or as to the location of any district boundary line on the Zoning Map, or as to the propriety of issuing a building permit or a certificate of occupancy in a particular case related to the provisions of this chapter, he shall appeal the matter to the Board of Appeals for interpretation and decision. The Building Inspector shall adopt rules of procedure consistent with this chapter for the purpose of assuring efficient and uniform administration of its provisions.
B.
The Building Inspector shall submit a written report each month to the Town Board, enumerating the building permit applications received and stating the actions taken. Such report shall also enumerate violations of this chapter and actions taken with respect thereto.
§ 57-69 Right of entry for inspections.
The Building Inspector and his deputies and assistants and the Town Engineer, Chief of Police and Fire Chief and their authorized agents shall have the right and authority, at any reasonable hour, to enter any building, structure, premises, lot or land, whether already erected or put into use or in the course of being erected and put into use, for the purpose of determining whether or not the provisions of this chapter are being complied with.
§ 57-70 Building permits; formation of new lots.
A.
All procedure with respect to applications for and issuance of building permits shall be in conformity with the provisions of the Building Code. All such applications shall be accompanied by such other information as may be necessary to determine and provide for the enforcement of this chapter.
B.
The plot plan shall show a separate lot for each main building; provided, however, that where a development consists of an integrated arrangement of dwellings, garden apartments or other buildings designed and intended to be maintained in a single ownership, the Building Inspector may waive the requirements of showing separate lots for each separate main building.
C.
No building permit shall be issued for erection, construction, reconstruction, structural alteration or moving of any building or structure or part thereof, unless the plans and intended use indicate that such building or structure is designed and intended to conform in all respects to the provisions of this chapter.
D.
Where a lot is formed from part of a lot already improved, the separation must be effective in such manner as not to impair any of the provisions of this chapter, whether related to the then existing improvements or to a proposed or future new improvement on the lot so formed and in such manner that both the remainder of the former lot and the new lot so formed shall comply with the lot area and lot width provisions of this chapter.
§ 57-71 Completion of buildings for which permits have been issued.
A.
Nothing in this chapter shall require any change in the plans, construction or designated use of a building or structure for which a lawful building permit has been issued prior to the effective date of this chapter or any amendment thereto affecting such building or structure or the use thereof, provided that:
(1)
The construction of such building or structure shall have been begun and diligently prosecuted within three months from the date of such permit.
(2)
The ground story framework, including the second tier of beams, shall have been completed within six months from the date of such permit.
(3)
The entire building or structure shall be completed to such filed and approved plans upon which the issuance of such permit was based within one year from the effective date of this chapter or any such amendment thereto.
§ 57-72 Certificates of occupancy.
A.
It shall be unlawful to use or to permit the use of any building, structure, premises, lot or land or part thereof hereafter erected or altered, enlarged or moved, in whole or part, after the effective date of this chapter or any building, structure, premises, lot or land or part thereof of which the use is changed, until the certificate of occupancy has been obtained by the owner.
B.
No certificate of occupancy shall be issued for any building, structure, premises, lot or land unless the erection, construction, reconstruction, structural alteration or moving of such building or structure or part thereof and the intended use thereof are in conformity in all respects with the provisions of this chapter.
D.
Upon written application by the owner or his authorized agent, the Building Inspector shall issue a certificate of occupancy for any building or structure, lot or land existing and in use at the effective date of this chapter, provided that said Building Inspector shall find that such building or structure, lot or land is in conformity with the applicable provisions of this chapter or is a nonconforming structure as defined in § 57-3 under "nonconforming structure" and under "nonconforming use."
E.
Any certificate of occupancy, if not available from existing Town records, shall be limited to a statement by the Building Inspector that the structure in question complies with the area and use regulations of this chapter or is legally nonconforming as to such regulations and, if constructed on or after November 7, 1962, that the same is in compliance with the applicable provisions of Chapter 23.
§ 57-73 Filing of nonconformance statements by property owners.
Owners of property which is occupied by nonconforming uses, buildings or structures may file a statement of such nonconformity with the Building Inspector so as to assure recognition of their status.
§ 57-74 Fees.
Fees for building permit applications and for issuance of building permits and certificates of occupancy shall be as provided in the Town Building Ordinance.
§ 57-75 Penalties for offenses.
For any and every violation of any provisions of this chapter and upon failure to comply with written notice thereof or order to remove such violation within five days after serving of such notice or order, the owner, agent or contractor of a building, structure, premises, lot or land where such violation has been committed or shall exist, and the lessee or tenant of an entire building, structure, premises, lot or land where such violation has been committed or shall exist, and the owner, agent or contractor, lessee or tenant of any part of a building, structure, premises, lot or land, in which part such violation has been committed or shall exist, and the agent, architect, builder or contractor or any other person who commits, takes part or assists in such violation, or who maintains any building, structure, premises, lot or land in which any such violation shall exist shall be subject to a fine not exceeding $50 or to imprisonment for not more than 10 days, or both, and each and every day the violation continues after the owner, agent or contractor of the building, structure, premises, lot or land where such violation occurred has been notified thereof shall be deemed a separate and distinct violation.