North Hempstead City Zoning Code
ARTICLE XXIII
Permits and Certificates; Fees
§ 70-220 Permits.
A.
It shall be unlawful for any person to commence work for the erection or alteration of, or to erect, alter or maintain, any building or structure or remove any tree or trees or use any lot or premises for any purpose for which a permit is required until a building, tree removal or use permit has been duly issued upon application therefor.
[Amended 7-23-1968 by L.L. 69, 1969; 8-21-1990 by L.L. No. 10-1990]
B.
The Building Official shall require that the application for a building permit shall be accompanied by a plot plan and a set of building plans, consisting of floor elevations and floor plans and such other information necessary to enable him to ascertain whether the proposed building or use complies with the provisions of this ordinance and the Building Code.
C.
No building permit shall be issued until the Building Official has examined and approved, in writing, the proposed building or alteration as complying with all the provisions of this ordinance.
D.
No permit shall be issued for the construction of an accessory building upon any vacant lot unless such permit includes the construction of the principal building on said lot, and the owner or applicant shall not begin construction of the accessory building until the construction of the principal building has proceeded to the first-floor beams.
E.
Building permits shall expire three months following date of issuance and may be renewed upon written application to the Building Official and payment of the required fee.
F.
[1] Any permit issued for an auto laundry or car-washing service shall become null and void unless construction shall be commenced within 90 days from the date of the permit and shall be completed within six months from said date.
[1]
Editor's Note: Former Subsection F, which pertained to building permits, was repealed 3-25-1986 by L.L. No. 3-1986. Said local law also provided for the redesignation of former Subsection G as Subsection F.
§ 70-221 Fees.
A.
The fees in connection with building permits and inspections shall be in accordance with the regulations set forth in the Administration and Enforcement Code of the Town of North Hempstead, covering construction, plumbing and installation of oil-burning equipment.
B.
For a permit other than one for the erection or alteration of a structure or building, which permit shall be known as a "use permit," the fee shall be in the amount indicated in the Town of North Hempstead Fee Schedule for a commercial parking lot, used car lot and for all other permits.
[Amended 4-11-2006 by L.L. No. 5-2006]
C.
For the renewal of a permit or the extension of a permit by the Building Official or Board of Zoning and Appeals, the fee shall be in the amount indicated in the Town of North Hempstead Fee Schedule.
[Amended 2-15-1972; 6-10-1980 by L.L. No. 4-1980; 4-11-2006 by L.L. No. 5-2006]
D.
Accompanying each application or appeal to the Board of Zoning and Appeals there shall be paid the appropriate fee in the amount indicated in the Town of North Hempstead Fee Schedule.
[Amended 2-15-1972; 11-19-1974 by L.L. No. 11-1974; 6-10-1980 by L.L. No. 4-1980; 3-25-1986 by L.L. No. 3-1986; 8-21-1990 by L.L. No. 10-1990; 8-13-1991 by L.L. No. 12-1991; 4-1-1997 by L.L. No. 8-1997; 4-11-2006 by L.L. No. 5-2006]
E.
For a single autotrailer or camp car the fee for a permit shall be in the amount indicated in the Town of North Hempstead Fee Schedule and shall accompany the application therefor.
[Amended 4-11-2006 by L.L. No. 5-2006]
G.
Accompanying each petition for a proposed change or changes of the ordinance or change or changes of this Zoning Map as provided in Article XXVII of this local law, there shall be a filing fee of the amount indicated in the North Hempstead Fee Schedule.
[Amended 1-4-1972; 3-25-1986 by L.L. No. 3-1986; 4-11-2006 by L.L. No. 5-2006]
H.
Where an application is made for a certificate of existing use under provisions of § 70-223, there shall be paid to the Building Department a nonrefundable fee as indicated in the Town of North Hempstead Fee Schedule.
[Amended 3-25-1986 by L.L. No. 3-1986; 8-13-1991 by L.L. No. 12-1991; 4-11-2006 by L.L. No. 5-2006]
§ 70-222 Certificate of occupancy.
[Amended 8-30-1983 by L.L. No. 5-1983]
A.
It shall be unlawful to use or permit the use of any building or premises or part thereof hereafter created, erected, changed or converted wholly or partly in its use of structure until a certificate of occupancy shall have been issued by the Building Official to the effect that the building or premises or part thereof so created, erected, changed or converted and the proposed use thereof conforms to the provisions of this chapter.
B.
No certificate of occupancy shall be issued by the Building Official unless and until the owner has submitted a plot plan and a set of building plans consisting of floor elevations and floor plans and such other information necessary to enable him to ascertain whether the building, as built, complies with the provisions of this chapter, the State Building Construction Code and substantially complies with the plans submitted by the owner in connection with his application for a building permit. Said plans shall be accompanied by a statement by a duly licensed architect or engineer or an affidavit sworn to by the owner of the property stating the plans accurately describe the completed premises for which a certificate of occupancy is sought. In the case of such buildings or premises, it shall be the duty of the Building Official to issue a certificate of occupancy within a reasonable time after a request for the same and all required documents shall have been filed in his office by any owner of a building or premises affected by this chapter, provided that said building or premises or the part thereof so created, erected, changed or converted and the proposed use thereof conform to all the requirements herein set forth.
C.
A temporary certificate of occupancy for a part of a building may be issued by the Building Official.
D.
Upon written request from the owner, the Building Official may issue a certificate of occupancy for any building or premises existing at the effective date of this chapter, certifying after inspection the use of this building or premises and whether such use conforms to the provisions of this chapter.
E.
No certificate of occupancy, either temporary or permanent, shall be issued for any building unless such building is connected to a sewage and waste disposal system that complies with all federal, state and local requirements. Whenever approval of such sewage and waste disposal system is required by law, no certificate of occupancy, either temporary or permanent, shall be issued until final written approval for such system is granted by the agency charged with reviewing and inspecting such systems.
[Added 5-22-1984 by L.L. No. 3-1984]
F.
The Commissioner of Buildings may revoke, suspend or deny a request for a certificate of occupancy where he finds that trees have been removed without a tree removal permit having been obtained.
[Added 8-21-1990 by L.L. No. 10-1990]
§ 70-223 Certificate of existing use.
[Added 3-25-1986 by L.L. No. 3-1986[1]]
A.
Upon a written request from the owner, the Commissioner of Buildings may issue a certificate of existing use for any building or premises existing at the effective date of this section, certifying, after inspection, the use of this building or premises and whether such use conforms to the provisions of the Town of North Hempstead Building and Zoning Ordinance in effect at the time of construction.
B.
An applicant for a certificate of existing use shall be required to furnish the Commissioner of Buildings with a plan, a final survey and such other information as said official may require to ascertain whether the building, alteration or use complies with the provisions of this section.
D.
A certificate of existing use is limited to the following conditions:
[Amended 3-1-1994 by L.L. No. 1-1994]
(1)
A building or premises constructed and/or altered prior to this local law which complies with the zoning restrictions as currently in effect.
(2)
A building or premises constructed and/or altered prior to existing zoning ordinances which does not comply with the zoning restrictions as currently in effect. The Commissioner of Buildings shall issue this certificate stating that the building or premises is a nonconforming use and all future construction and/or alteration will be regulated by § 70-208. Any application for a certificate of existing use pursuant to this section which would authorize a use of a building or premises not permitted by zoning restrictions in effect at the time of such application must comply with the procedures set forth in § 70-223E.
E.
Procedure for nonpermitted uses.
[Added 3-1-1994 by L.L. No. 1-1994]
(1)
Before an application for the issuance of a certificate of existing use which would authorize a use of a building or premises not permitted by zoning restrictions in effect at the time of such application may be considered by the Commissioner of Buildings, a complete and accurate list of names and addresses of the owners of all the lands within a radius of 200 feet of the property affected by such application as appears on the latest complete assessment roll of the County of Nassau shall be submitted simultaneously with the application. The applicant shall send, by registered or certified mail, to each owner shown on said list, not less than 10 nor more than 20 days before the date on which the application is to be submitted, a notice addressed to such owners generally signed by the applicant, identifying the property affected by the application, setting forth the use requested and advising that any objections must be filed with the Commissioner of Buildings within 10 days of the date on which the application is to be submitted. Before the Commissioner of Buildings may consider the application, the applicant must submit to the Commissioner an affidavit of the mailing of such notices as herein provided, said affidavit to be made on forms provided by the Commissioner of Buildings.
(2)
The Commissioner of Buildings shall not act upon any such application within 10 days of its filing. Following such ten-day period, the Commissioner shall consider the application and any objections filed and shall grant the application only if the applicant shall establish his entitlement to the certificate under § 70-223D by a preponderance of the evidence. The Commissioner shall be entitled to request and consider additional evidence before making a determination.
[1]
Editor's Note: This local law also repealed former § 70-223, Certificate of compliance.
§ 70-223.1 Procedure for revoking certificate of occupancy or certificate of existing use.
[Added 6-3-2003 by L.L. No. 7-2003]
A.
Upon acquiring information that a residential building may be occupied in violation of the certificate of occupancy or certificate of existing use issued therefor, the Commissioner of Building and Safety Inspection and Enforcement shall cause an investigation of the premises to be made and an inspection report to be prepared containing the following:
B.
Said report shall be filed in the office of the Department of Building and Safety Inspection and Enforcement.
C.
If the investigation performed pursuant to Subsection A above confirms that there is violation of the certificate of occupancy or certificate of existing use, the Commissioner of Building and Safety Inspection and Enforcement may cause a written notice to be prepared, which shall contain the following:
(1)
A description of the premises.
(2)
A statement of the particulars in which the building is being occupied in violation of the certificate of occupancy or certificate of existing use.
(3)
An order directing that the occupancy of the building be brought into conformity with the certificate of occupancy or certificate of existing use.
(4)
An order directing that legal action be commenced by the service of a summary proceeding petition to remove all illegal occupants of the premises within 10 days of the date of personal service or within 15 days of mailing of the written notice and that proof of same be filed with the Commissioner of Building and Safety Inspection and Enforcement not later than five days after the date of such commencement.
(5)
The date, time and place of a hearing before the Town Board relative to the subject residence being illegally occupied, which hearing shall be scheduled not less than 30 days from the date of personal service or mailing of the written notice.
(6)
A statement that in the event legal action to remove all illegal occupants is not commenced within the required period, the Town Board is empowered and authorized to direct the Commissioner of Building and Safety Inspection and Enforcement to revoke the certificate of occupancy or certificate of existing use and that, if the Town Board takes such action, it will seek a court order removing all persons from occupancy of the residence. In such event, all expenses thereof shall be assessed against the land on which the building is located and the Town shall institute legal action to recover the costs of removing said occupants as well as legal fees and expenses.
D.
The aforementioned written notice shall be served on the owner of record or the owner's executor, legal representative, agent, lessee, or any other person having a vested or contingent interest in the subject property, either personally or by certified mail addressed to the intended recipient's last known address as shown by the records of the Town's Receiver of Taxes or the records in the office of the Nassau County Clerk. In addition, a copy of said notice shall be securely posted on the subject building in a conspicuous location.
E.
In the event that the whereabouts of the owner of the subject property and any other person having an interest therein, as defined in Subsection D above, are unknown and cannot be ascertained after the exercise of reasonable diligence by the Commissioner of Building and Safety Inspection and Enforcement, the Commissioner of Building and Safety Inspection and Enforcement shall execute an affidavit to that effect, which shall be filed in the office of the Town Clerk. In such a case, service shall be deemed to have been accomplished by the posting required in Subsection D above.
F.
In the event that the owner of the illegally occupied residential building fails or refuses to comply with the order to bring the building into conformity with the certificate of occupancy or certificate of existing use, The Town Board may, after a public hearing, direct the Commissioner of Building and Safety Inspection and Enforcement to revoke the certificate of occupancy or certificate of existing use for said premises and further direct that legal action be commenced to remove all persons occupying said premises therefrom.