Oyster Bay Cove City Zoning Code
ARTICLE VII
Applications and Permits
§ 320-40 Enforcement by Building Inspector.
It shall be the duty of the Building Inspector and he is hereby given the power and authority to enforce the provisions of this chapter and all other laws, ordinances and regulations applicable to the construction, alteration, repair, removal and demolition of buildings and structures, and the installation and use of materials and equipment therein, the location, use and occupancy and maintenance thereof and the use of land.
§ 320-41 Building permit application information.
All applications for building permits shall be in writing, shall be made and verified by the owner of the lot, and shall set forth:
A.
The name and address of the owner, the builder and the registered architect.
B.
The occupation of the applicant.
C.
The use to be made of the building by the applicant, e.g., whether the building is to be occupied by the applicant or to be erected for the purpose of sale.
D.
The date when the lot was acquired by the applicant and from whom acquired. Each application for a building permit shall be accompanied by duplicate copies of plans and specifications, including a plot plan drawn to scale, showing the location and size of all proposed new construction and all existing structures on the site, the nature and character of the work to be performed and the materials to be incorporated, distance from lot lines, the relationship of structures on adjoining property, widths and grades of adjoining streets, walks and rights-of-way, and, where required by the Building Inspector, details of structural, mechanical and electrical work, including computations, stress diagrams and other essential technical data, and such other information as may be necessary to provide for the enforcement of the regulations contained in this chapter and all other laws, ordinances and regulations applicable thereto. Amendments to the application or to the plans or specifications accompanying the same may be filed at any time prior to the completion of the work, subject to the approval of the Building Inspector.
§ 320-42 Certification of compliance.
No building or use permit shall be issued until the Building Inspector has certified that the proposed building or alteration or use complies with all the provisions of this chapter and any other laws, ordinances and regulations applicable thereto.
§ 320-43 Separate building or use permit required; exception.
No person, firm, or corporation shall commence an excavation for a foundation, the construction, enlargement, alteration, removal, improvement, demolition, conversion or change in the nature of any occupancy or any building or structure or the use of land, or cause the same to be done, without first obtaining a separate building permit or a use permit, as the case may be, from the Building Inspector for each such building or structure or plot of land, except that no building permit shall be required for the performance of ordinary repairs which are not structural in nature.
§ 320-44 Redated survey.
The applicant or owner shall file with the Building Inspector after completion of the foundation of any structure or addition for which a permit is required hereunder, and before proceeding with such structure or addition, a redated survey showing the physical location of such foundation upon the lot or plot of land. Where such permit shall be issued for the construction of an addition or extension of an existing structure, and where it appears to the satisfaction of the Building Inspector that there is full compliance with the setback provisions set forth in Article II hereof, the Building Inspector may, in his discretion, waive the filing of such redated survey.
§ 320-45 Revocation of permits.
The Building Inspector or the Board of Trustees may revoke any permits of approval issued under the provisions of this article, in the case of any false statement or any misrepresentation as to a material fact in the application on which the permit of approval was based.
§ 320-46 Certificate of occupancy required for newly erected buildings.
No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Building Inspector.
§ 320-47 Certificate of occupancy required for enlarged or altered buildings.
No building hereafter enlarged, extended or altered, or upon which work has been performed which required the issuance of a building permit, shall continue to be occupied or used for more than 30 days after the completion of the alteration or work, unless a certificate of occupancy shall have been issued by the Building Inspector.
§ 320-48 Change of use.
No change shall be made in the use or type of occupancy of any existing building or plot of land unless a certificate of occupancy shall have been issued by the Building Inspector.
§ 320-49 Issuance of certificate of occupancy.
When, after final inspection, it is found that the proposed work has been completed in accordance with this chapter, the applicable building laws, ordinances and regulations, and also in accordance with the application, plans and specifications filed in connection with the issuance of the building permit, the Building Inspector shall issue a certificate of occupancy upon the form provided by him. If it is found that the proposed work has not been properly completed, the Building Inspector shall refuse to issue a certificate of occupancy and shall order the work completed in conformity with the building permit and in conformity with the applicable building regulations.
§ 320-50 Content of certificate of occupancy.
The certificate of occupancy shall certify that the work has been completed and that the proposed use and occupancy is in conformity with the provisions of this chapter, applicable building laws, ordinances and regulations, and shall specify the use or uses and the extent thereof to which the building or structure or its several parts or the land may be put.
§ 320-51 Authorization granted by building permit.
A building permit shall be effective to authorize the commencing of work in accordance with the application, plans and specifications on which it is based for a period of six months after the date of its issuance. For good cause, the Building Inspector may allow a maximum of two extensions for periods not exceeding three months each.[1]
[1]
Editor's Note: Original Section 8.12, Permit fees, was repealed 10-20-1992 by L.L. No. 1-1992.
§ 320-52 Withdrawal of building permit application; refund of fees paid.
The applicant for a building permit may apply to the Board of Trustees for a withdrawal of the application for, or cancellation of, a building permit as the case may be, and a refund of the building permit fee and certificate of occupancy fee. The Board of Trustees in its discretion on said application may grant said application for a withdrawal of the application for, or the cancellation of, the building permit, provided that said application is made within six months of the date of the issuance of the permit, or within six months of the date of the application for said permit, as the case may be, and:
A.
May order a refund of not more than 1/2 of the building permit fee paid, provided that the fee for the permit shall be $50 or more, and further provided that the actual cost to the Village shall not exceed 1/2 of the fee paid. If the actual cost to the Village shall exceed 1/2 of the fee paid, then a refund may only be granted for the difference between the amount of the fee paid and the actual cost to the Village; and
B.
May order a refund of fee paid for the certificate of occupancy.