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 Goshen
 Code of Ordinances
 Appendix A. ZONING
 Article XIV. ADMINISTRATION AND ENFORCEMENT

  § 14.3. Certificate of occupancy.  

Latest version.

  • 14.3.1. The following shall be unlawful until a certificate of occupancy shall have been applied for and issued by the building inspector:

    14.3.1.1. Occupancy and use of a building erected, reconstructed, restored, structurally altered, moved, or any change in use of an existing building;

    14.3.1.2. Occupancy, use or any change in the use of any land; and

    14.3.1.3. Any change in use of a nonconforming use.

    14.3.2. No certificate of occupancy shall be issued for any conditional use of a building or of land requiring conditional use approval by the planning board for any land or use requiring site plan approval by the planning board unless and until such conditional use of [or] site plan approval has been duly granted by the planning board. Every certificate of occupancy for which conditional use or site plan approval has been granted, or in connection with which a variance has been granted by the board of appeals, shall contain a detailed statement of any conditions to which the same is subject.

    14.3.3. On a form furnished by the building inspector, application for a certificate of occupancy for a new building, or for an existing building which has been altered, shall be made after the erection of such building or part thereof has been completed in conformity with the provisions of this ordinance and in the case of a new building shall be accompanied by an accurate plot plan, or, if not available, by a survey prepared by a licensed land surveyor or engineer showing the location of all buildings as built. Such certificate shall be issued within ten days after receipt of the properly completed application, but only providing the application states that all requirements of all other applicable codes or ordinances in effect are complied with.

    14.3.4. If the proposed use is in conformity with the provisions of this ordinance and of all other applicable codes and ordinances, a certificate of occupancy for the use of vacant land or for a change of use of a nonconforming use shall be issued by the building inspector within ten days after receipt of a properly completed application. If a certificate of occupancy is denied, the building inspector shall state the reasons in writing to the applicant.

    14.3.5. In regard to those uses listed in article IX which are subject to the performance standards procedure, the following requirements shall also apply:

    14.3.5.1. Any normal replacement or addition of equipment and machinery not affecting the operations or the degree or nature of dangerous and objectionable elements emitted shall not be considered a change in use.

    14.3.5.2. After occupancy, if there occur continuous or frequent, even though intermittent, violations of the performance standards and other provisions of article IX for a period of five days, without bona fide and immediate corrective work, the building inspector shall suspend or revoke the occupancy permit of the use and the operation shall immediately cease until it is able to operate in accordance with these regulations, at which time the occupancy permit shall be reinstated.

    14.3.5.3. The building inspector shall investigate any alleged violation of performance standards, and if there are reasonable grounds to believe that a violation exists, he may employ, upon authorization of the village board, qualified experts for such investigation. A copy of said findings shall be forwarded to the village board. The services of any qualified experts employed by the village to advise in establishing a violation shall be paid for by the violator, if it shall be determined that a violation is proved, and otherwise by the village. No new certificate of occupancy shall be issued unless such charges have been paid to the village.

    14.3.6. Every application for a certificate of occupancy shall be accompanied by a fee as specified in the standard schedule of fees of the Village of Goshen. Copies of such certificate shall be made available by the building department upon request.

    14.3.7. A certificate of occupancy shall be deemed to authorize, and is required, for both initial occupancy and the continuance of occupancy and use of the building or land to which it applies.

    14.3.8. Upon written request by the owner, and upon payment of the required fee, the building inspector shall, after inspection, issue a certificate of occupancy for any building or use thereof or of land existing at the time of the adoption of this ordinance, certifying such use and whether or not the same and the building conforms to the provisions of this ordinance.

    14.3.9. A record of all certificates of occupancy shall be kept in the office of the building inspector and copies shall be furnished, on request, to any agency of the village or to any persons having a proprietary or tenancy interest in the building or land affected.