Tuxedo City Zoning Code
ARTICLE XV
Enforcement
§ 98-85 Building permits.
No building in any zoning district shall be erected, reconstructed, restored or structurally altered without a building permit duly issued upon application to the Code Enforcement Officer. No building permit shall be issued unless the proposed construction or use is in full conformity with all the provisions of this Zoning Chapter. Any building permit issued in violation of the provisions of this Zoning Chapter shall be null and void and of no effect, without the necessity for any proceedings or revocations or nullification thereof; and any work undertaken, or use established pursuant to any such permit shall be unlawful. These regulations are in addition to any regulations governing building permits, certificates of occupancy, duties of the Code Enforcement Officer, and/or violations and penalties set forth in Chapter 37, Building Construction Administration, of the Code of the Town of Tuxedo.
A.
Exemptions. No building permit shall be required for any work exempted by § 37-4, Building permits, of the Code of the Town of Tuxedo.
B.
Section 280-a of New York State Town Law. No building permit shall be issued for the construction or alteration of any building upon a lot without access to a street or highway as stipulated in § 280-a of the Town Law.
C.
Site plan approval required. No building permit shall be issued for any use, activity, structure or building which requires site plan approval by the Planning Board, except in conformity with the plans approved by the Planning Board. All such plans shall bear the signature of the Chairman or Acting Chairman.
D.
Special use permit approval required. No building permit shall be issued for any special use in any zoning district which such use is subject to approval by the Planning Board or Town Board, unless and until such approval has been duly granted by said Board.
E.
Architectural review approval required. No building permit shall be issued for any building or structure in any zoning district which such use is subject to approval by the Architectural Review Board, unless and until such approval has been duly granted by said Board.
§ 98-86 Certificate of occupancy, certificate of compliance.
A.
Certificate required.
(1)
The following shall be unlawful until an application for a certificate of occupancy and/or certificate of compliance shall have been issued by the Code Enforcement Officer:
(2)
No change shall be made in the use or type of occupancy of an existing building or structure or change in the use of land unless a certificate of occupancy authorizing such change in use shall have been issued by the Code Enforcement Officer. A change in use shall include, without limitation, a change in or of the type, class, nature or intensity of the use, or a change in the scope of goods, services or operation.
B.
Special use permits. No certificate of occupancy or certificate of compliance shall be issued for any special use requiring a special use permit unless and until such special use permit and related site plan approval, has been duly granted by the authorized Board. Every certificate of occupancy for which a special use permit, site plan, and/or variance has been approved, shall contain a detailed statement of any conditions to which the same is subject.
C.
Procedure. Every application for a certificate of occupancy and/or certificate of compliance shall be submitted in accordance with the provisions of Chapter 37, Building Construction Administration, of the Code of the Town of Tuxedo.
D.
Compliance with performance standards. Uses which are subject to the performance standards set forth in § 98-42 of this Zoning Chapter shall also be subject to the following procedure:
(1)
After occupancy, if there occur continuous or frequent, even though intermittent, violations of the performance standards and other provisions for a period of five days, without bona fide and immediate corrective work, the Code Enforcement Officer shall suspend or revoke the occupancy certificate or operating permit and the operation shall immediately cease until it is able to operate in accordance with these regulations, at which time the applicable certificate or permit shall be reinstated.
(2)
The Code Enforcement Officer shall investigate any alleged violation of the performance standards and may employ qualified experts. A copy of any findings shall be forwarded to the Town Board. The services of any qualified experts employed by the Town to advise in establishing a violation shall be paid for by the violator, if a violation is proven, and otherwise by the Town. No new certificate of occupancy, certificate of compliance or operating permit shall be issued unless such fees have been reimbursed by the violator, if the violator is liable for same.
E.
A certificate of occupancy or certificate of compliance 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.
§ 98-87 Duties of the Code Enforcement Officer.
The duties of the Code Enforcement Officer are those set forth in this Zoning Chapter, as well as those set forth in Chapter 37, Building Construction Administration, of the Code of the Town of Tuxedo.
§ 98-88 Violations and penalties.
Violations and penalties of this Zoning Chapter shall be processed in accordance with the provisions set forth in Chapter 37, Building Construction Administration, of the Code of the Town of Tuxedo.