It shall be the duty of the Building Inspector and he is hereby given the power and authority to enforce the provisions of this ordinance.

[Effective 3-29-2003]

In all civil and criminal prosecutions brought for the enforcement of this ordinance in respect to nonpermitted occupancy of single- and two-family dwellings, the following provisions shall apply:

A. There shall be a rebuttable presumption that any dwelling which maintains more than one gas meter, or more than one electric meter, or more than one water meter, is being used as the residence of two or more families.

B. There shall be a rebuttable presumption that any dwelling which maintains more than two gas meters, or more than two electric meters, or more than two water meters, is being used as the residence of three or more families.

C. There shall be a rebuttable presumption that a single-family dwelling which maintains any entrance(s) thereto, which entrance(s) has not been set forth on any plans approved by and on file with the Department of Buildings, is being used as the residence of two or more families, except that this provision shall not apply in the case of any entrance which was constructed prior to the effective date of this Building Zone Ordinance.

D. There shall be a rebuttable presumption that a two- family dwelling which maintains any third or additional entrances thereto, which entrance(s) has not been set forth on any plans approved by and on file with the Department of Buildings, is being used as the residence of three or more families, except that this provision shall not apply in the case of any entrance which was originally constructed prior to the effective date of this Building Zone Ordinance.

E. There shall be a rebuttable presumption that a dwelling which has been advertised in any newspaper, magazine or local advertising publication as being available for sale or rent, which advertisement essentially provides that such dwelling contains more than one separate living unit, or may be occupied by more than one separate family, is being used as a dwelling containing the number of units or families set forth in such advertisement.

F. There shall be a rebuttable presumption that a dwelling is being used as the residence of more than one family if any two or more of the following are found to exist by the Building Inspector: more than one mailbox, mail slot or post office address; more than one doorbell; a written lease or leases, or oral rental agreements, or the payment of rent, for a portion of the dwelling; a separate exterior entrance to a cellar or basement; three or more vehicles registered to the dwelling where each of the owners of the vehicles have different surnames; utilities, such as telephone, television, electric or water services, are billed to two or more persons with different surnames.

G. If any provision of § 255.1 shall be determined to be unconstitutional or otherwise unenforceable, it shall not affect the constitutionality or enforceability of the remaining provisions.

H. Nothing in this § 255.1 shall be construed as lessening or modifying any other rights or prerogatives of the Building Inspector in the enforcement of the terms of the Building Zone Ordinance.

[Effective 3-29-2003]

It shall be a violation for a person or other legal entity to solicit or advertise for purposes of selling or renting property or portions of property to be utilized in violation or contravention of the uses permitted in zoning districts in this ordinance.

A. The Building Inspector shall require that the application for a building permit and the accompanying plot plan shall contain all the information necessary to enable him to ascertain whether the proposed building complies with the provisions of this ordinance and the Building Code.

B. No building permit shall be issued until the Building Inspector has certified that the proposed building or alteration complies with all the provisions of this ordinance and the Building Code.

C. Until a building permit has been duly issued therefor, it shall be unlawful for any person to commence work for the erection or alteration of any building or structure; commence the clearing of any lot or premises of trees, shrubs or similar growth prior to construction: commence work on any lot or premises for any purpose or any use; or make any excavation thereon for the removal of sand, gravel, stone or topsoil, except when such removal is made for the purpose of farming the lot or premises. [Effective 7-2-1984; 10-18-1987]

D. Tree preservation. [Effective 10-18-1987]

(1) No subdivision, lot reapportionment or site plan, regardless of area, shall be approved, or a building permit issued, without due consideration being given to the preservation of existing trees.

(2) No building permit shall be issued until § 184-11 of the Code of the Town of Hempstead, entitled "Review of site plans." has been satisfied fully.

E. Senior residence. [Effective 8-31-1992]

(1) For any use district which expressly permits use of a single-family detached dwelling as a senior residence, the Department of Buildings shall issue a building permit for such use or for installation of a second kitchen and/or separate entrance authorized thereby, which permit shall be valid for a period of two years from the date of issuance, only upon satisfaction of the following requirements:

(a) Submission of completed building permit application and payment of fee.

(b) Declaration.

[1] Submission of a binding declaration of restrictive covenants by the owner of the premises stating that both the owner and second-family lessee agree to permit a representative of the Department of Buildings to enter the premises on reasonable notice to ascertain whether the current occupancy of the premises actually complies with the requirements for designation of the premises as a senior residence and stating that upon termination of the building permit authorizing use of premises as a senior residence:

[a] The right to maintain the second kitchen and/or separate entrance installed therein on the basis of such permit shall lapse immediately;

[b] The owner shall cause the lawful removal of the second kitchen and/or separate entrance within 90 days of the termination of said permit; and

[c] The owner shall permit a representative of the Department of Buildings to enter the premises, upon reasonable notice, to verify that the second kitchen and/or separate entrance has been lawfully removed.

[2] Said declaration shall also state that its provisions are binding upon both the owner and second-family lessee of the premises as well as their heirs, executors, legatees, assigns or successors in interest and that such provisions shall run with the land. The declaration shall be filed with the deed to the premises at the office of the Clerk of the County of Nassau upon issuance of the permit.

(c) Submission of a sworn affidavit of the owner of the premises and/or, if applicable, the owner's coresident spouse stating that persons age (at least 62 years) and relationship to the owner (self or spouse) and stating that such person presently and permanently resides at the premises and will notify the Department of Buildings, in writing, immediately prior to termination of his or her residence at the premises or immediately prior to any absence from the premises for any reason for a continuous period of at least 30 days.

(d) Submission of a sworn affidavit of the owner of the premises, which owner shall be a natural person, stating that such owner presently and permanently is residing at the premises, stating that such owner shall notify the Department of Buildings, in writing, prior to termination of such owner's residence at the premises or prior to such owner's absence from the premises for a period of at least 30 days and stating that such owner also shall notify the Department of Buildings, in writing, prior to the termination of permanent residence or absence from the premises for a period of at least 30 days of the owner's coresident spouse if such spouse's residence at the premises is required for designation of the premises as a senior residence.

(e) Inspection of the premises by a representative of the Department of Buildings indicating that there are no Building or Zoning Cede violations outstanding at the premises, except any such violation which verifiably would not exist upon issuance of the senior residence permit and second kitchen and/or separate entrance installation permit authorized thereby.

(2) A permit authorizing use of premises as a senior residence or authorizing use of a second kitchen and/or separate entrance therefor shall not lapse upon the expiration of two years from the date of issuance or upon the expiration of successive two-year renewal periods, provided that prior to the scheduled date of expiration but not earlier than 30 days prior thereto updated affidavits are submitted in conformity with Subsection E(1)(c) and (d) hereof.

(3) A permit authorizing use of premises as a senior residence or authorizing use of a second kitchen and/or separate entrance therefor shall terminate upon the occurrence of any of the following events:

(a) Expiration of two years from date of issuance or renewal of the permit without further renewal as provided by Subsection E(2) hereof.

(b) Discovery by the Department of Buildings of a materially false statement contained in the building permit application and supporting documents.

(c) Discovery by the Department of Buildings that either the owner or the owner's coresident spouse whose residence at the premises also may be required for senior residence designation has not resided at the premises for 90 or more days during any two-year period for which the permit has been approved.

(d) Discovery by the Department of Buildings of any Building or Zoning Code violation at the premises and failure of the owner to abate such violation within 90 days' notice thereof.

(4) Application fees.

(a) Application fee for senior residence permit: $150.

(b) Application fee for renewal of senior residence permit: $150.

(5) The following further regulations shall apply with respect to applications for designation of premises as a senior residence:

(a) At least one of the two separate dwelling areas authorized by a senior residence permit shall not exceed 800 square feet in total floor space. [Effective 2-21-1994]

(b) The senior residence shall be restorable readily to a one-family residence in the judgment of the Department of Buildings.

(c) Prior to lawful establishment of residency at the senior residence, the second-family lessee shall submit to the Department of Buildings a sworn affidavit specifically granting the Department of Buildings the right to inspect the portion of the premises under the lessee's control, upon reasonable notice, and specifically acknowledging that such lessee understands that upon the lapse of the senior residence permit the lessee shall be required to vacate the premises.

(d) The Department of Buildings may require any applicant for or holder of a senior residence permit to furnish documentary proof of age required for designation acceptable to the Department.

(e) The declaration of restrictive covenants required by § 256E(1)(b) hereof shall be submitted to the Department of Buildings, together with reimbursement for the fee charged by the Nassau County Clerk for recording thereof.

(6) Notwithstanding any provision of this ordinance to the contrary, the Department of Buildings shall not designate premises as a senior residence, nor grant a senior residence permit therefor, with respect to any premises lying within the territorial limits of the Incorporated Village of Atlantic Beach. [Effective 6-14-1993]

A. For a permit for a new building or structure or for the alteration of an existing one or the use of a building or land, the fees shall be as required in the Town of Hempstead Code, § 86-11. For the renewal of a permit when extended either by the Board of Appeals or by the Town Board, the fee shall be $5. except for a renewal of a sign permit under § 244B hereof, which shall be controlled by said section. [Effective 7-1-1979]

B. Board of Appeals.

[Effective 5-20-1973; 4-5-1982; 5-29-1982; 3-23-1990; 7-21-1998]

(1) Application for a variance: $125; additional fee of $30 for each additional variance.

(2) Application to maintain or construct a fence: $75.

(3) Application to maintain or construct an accessory structure: $150.

(4) Application to maintain or install a swimming pool: $150.

(5) Application for a variance to construct or maintain a two-family dwelling in a Business or Residence C District: $500.

(6) Application for a special exception or use variance: $575.

(7) Application to vary or waive off-street parking: $500.

(8) Application to park in front yard setback area: $575; additional fee of $100 for each additional front setback area.

(9) Application for a subdivision of a parcel in violation of § 307 of the Building Zone ordinance: $500.

(10) Application pursuant to § 280-A of the Town Law of the State of New York: $500.

(11) Application for mother-daughter residence: $220

(12) Application for amusement rides at special events: $575.

(13) Business-related renewal applications, except those provided hereinafter: $500.

(14) Non-business-related renewal applications, except those provided hereinafter: $300.

(15) Renewal application for fences: $75.

(16) Application for reopening of a case not yet decided: $100.

(17) Application for rehearing of a case already decided: $100.

(18) Application for modification of a prior determination or condition imposed thereunder: $100, per case.

(19) Application for a verification of mother-daughter residence: $65.

(20) An application or appeal not provided for above: $200.

(21) Corrective legal publication or any special legal publication required by the Board of Appeals: $100 per insertion.

(22) Application to extend the time for issuance of a building permit under § 271 of this ordinance prior to expiration of allotted time: $50; within four months after expiration: $75; over four months after expiration: $150.

(23) Application to extend the time for commencement of use or construction of the principal building or structure under § 271 of this ordinance within four months after issuance of building permit: $50; within eight months after issuance of building permit: $75; all others: $150.

(24) Application to extend the time for completion of the principal building and issuance of a certificate of occupancy under § 271 of this ordinance within two years after issuance of building permit: $50; all others: $150.

C. All permits issued under Article XXIII of this ordinance shall expire on the 31st day of December next ensuing the date of the issuance thereof. The following fees prescribed herein shall be paid to the Building Department, and no permits shall be issued by the Building Inspector until such fees shall have been paid. For a tourist camp, the fee for a permit shall be at the rate of $5 for each unit therein, but in no event less than $25.

D. For each proposed change of the ordinance for change of Zoning Map as provided by Article XXVIII of this ordinance, there shall be a fee of $500 accompanying the application, and for a modification of a restriction, the fee shall be $600. [Effective 9-2-1968; 3-23-1990; 12-8-1998]

The Town Board shall make rules as to the manner of filing applications for special exceptions or for authorization, or approval, or permits for any use.

A. Upon the filing with the Town Board of any such application, the Town Board shall fix the time and place for a public hearing thereon and shall give notice thereof by publishing such notice once a week for two consecutive weeks in a newspaper of general circulation published in the Town.

B. The notices required by Subsection A of this section shall state the location of the building or lot and general nature of the question involved.

[Effective 5-5-1985; 12-21-1999]

Any special exception, site plan approval or GSS District inclusion granted by the Town Board shall expire and be of no force and effect, unless:

A. A building permit shall have been issued pursuant thereto within four months after the date of the decision of the Town Board; and

B. The use granted by the Town Board shall have actually commenced, or the construction of the principal building or structure authorized by the Town Board shall have actually commenced, within four months after the issuance of the building permit; provided that excavation for a foundation shall not be deemed a commencement within the meaning of this section; and

C. The construction of any such principal building or structure shall have been completed, and a certificate of occupancy issued, within two years after the date of the issuance of the building permit therefor.

[Effective 5-5-1985; 12-21-1999; 8-25-2014]

The Town Board may, for good cause shown, grant a longer period of time for the issuance of a building permit, commencement of construction, and completion of a building or structure in pursuance thereof, than that herein provided, either upon the granting of the authorization, approval or special exception or thereafter upon application made to it for such extension; provided, however, that such application shall be made before or within one year after the time for the issuance of a building permit or commencement of the building or structure has expired. In determining whether good cause exists for such extension, the Town Board shall consider, among other things, the nature and extent of the construction and complexity thereof, practical difficulty tending to delay construction, availability of utilities, strikes, scarcity of labor or materials, war or acts of God. The aforesaid application shall be accompanied by a fee of $350.

[Effective 12-21-1999; 8-25-2014]

Upon an application to Town Board based upon the original papers, the Town Board may reinstate any grant which has expired as a result of the operation of the foregoing provisions, in the interest of justice, if it shall find that there has been no substantial change in material circumstances since the time of its prior approval such as would justify a denial of the application. If the Town Board shall reinstate an expired grant, it may then impose such reasonable conditions thereon as it may find appropriate. If the Town Board deems it necessary for the rendering of any determination hereunder, the Town Board may require that a public hearing he held to consider same. The fee for an application hereunder shall be $350, which shall be increased by an additional $350 if a hearing is required. In the event that the Town Board shall grant reinstatement, then there shall also be due the separate and additional fee of $700.