§ 85-16. Certificates of existing use.

A. 

Intent. The Town Board recognizes that certain structures exist in the Town of Brookhaven which were erected prior to the adoption of the Zoning Code in 1937 and, therefore, do not have certificates of occupancy. The Town Board also recognizes that other structures were erected between 1937 and June 30, 1959, when records of the Building Division were destroyed, and, therefore, no certificates of occupancy are available for these structures. The Town Board further recognizes that, prior to 1984, Fire Districts and the Town of Brookhaven were not required to obtain building permits and thus did not receive certificates of occupancy or their equivalent. As it is in the public interest to provide the Town of Brookhaven and Fire Districts with the ability to expand or otherwise receive required approvals for preexisting and new structures, the Town Board makes the provisions for same in Subsection E below. It is the intent of this section to develop a simplified procedure to authorize the Chief Building Inspector to issue certificates of existing use for these structures, upon the presentation of the proof required below.

B. 

Existing one-family residences and accessory structures. No existing one-family residential dwelling, use and/or accessory structure shall be maintained or occupied without a certificate of existing use having first been issued by the Chief Building Inspector.

C. 

Nonconforming structures or uses other than one-family dwellings. No nonconforming use or structure other than that for a sole single-family dwelling on a single lot shall be maintained or renewed without a certificate of existing use having first been issued by the Chief Building Inspector after a public hearing and approval by the Zoning Board of Appeals.

D. 

Procedure for issuance of certificates of existing use.

(1) 

The Chief Building Inspector shall cause an examination to be made of the records of the Building Division to determine if any records are on file relating to the subject application.

(2) 

The Chief Building Inspector shall cause a physical inspection to be made of the premises to verify the approximate date(s) of construction of the structure(s).

(3) 

An application for a certificate of existing use shall be accompanied by one or more forms of proof of the date of construction and/or erection of the structures. These proofs shall include one or more of the following:

(a) 

Owner affidavit affirming the applicant's claims.

(b) 

Assessor's records showing the date the property was improved.

(c) 

Tax search certified by a licensed New York State title insurance or abstract company showing the date the property was improved.

(d) 

Utility bills/tax bills.

(e) 

Original surveys showing improvements on the site.

(f) 

Dated newspaper advertisements, photographs or similar proofs establishing the date of improvements or other proofs as to the existence of the structure; or such other proofs as the Chief Building Inspector or Zoning Board of Appeals shall deem appropriate, upon review by the Town Attorney.

E. 

Issuance of certificates of existing use or their equivalent for Town of Brookhaven and Fire Districts municipal buildings.

(1) 

Structures built prior to January 1, 1984.

(a) 

For those structures built prior to January 1, 1984, to receive a certificate of existing use or its equivalent, in addition to any construction documents which may be required by the Chief Building Inspector, the Town of Brookhaven or Fire District will have to provide proof of the structure's existence prior to January 1, 1984. Such proof may be provided in the form of two affidavits or such verified documentation attesting to the structure's pre-January 1, 1984, existence. Such documentation or other proof to be supplied to the satisfaction of the Chief Building Inspector or his designee.

(b) 

Upon submission of and compliance with Subsection E(1)(a) above, the structure will be required to undergo a maintenance inspection to be conducted by and to the satisfaction of the Chief Building Inspector and the Chief Fire Marshal or their designees.

(c) 

Upon compliance with Subsection E(1)(a) and (b), a certificate of existing use or its equivalent may be issued by the Chief Building Inspector or his designee.

(2) 

Structures built between January 1, 1984, and January 1, 2003.

(a) 

For those structures built between January 1, 1984, and January 1, 2003, to receive a certificate of existing use or its equivalent, in addition to any construction documents which may be required by the Chief Building Inspector, the Town of Brookhaven or the Fire District will have to provide proof from a design professional that these structures were in compliance with the New York State Uniform Fire Prevention and Building Code which existed at the time the structure was built. Such proof may be provided in the form of two affidavits or such verified documentation attesting to the structure's date of construction/completion and compliance with the aforementioned code existing at that time. Such documentation or other proof to be supplied to the satisfaction of the Chief Building Inspector or his designee.

(b) 

Upon submission of and compliance with Subsection E(2)(a) above, the structure will be required to undergo a maintenance inspection to be conducted by and to the satisfaction of the Chief Building Inspector and the Chief Fire Marshal or their designees.

(3) 

Structures built on or after January 1, 2003, shall be required to conform and comply with current New York State Uniform Fire Prevention and Building Code standards at the time of the building permit application.