[Added 2-23-1981 by L.L. No. 2-1981; amended 6-16-1992 by L.L. No. 2-1992; 9-21-1999 by L.L. No. 3-1999]
Applications seeking relief from Chapter 193 of the Village Code by way of change of zones or variance may not be brought before the Board of Appeals, Board of Trustees, Planning Board or Two-Family Review Board after the date of a decision denying an application that affects the same premises and seeks substantially the same relief from the Board(s), for a minimum of two years, absent new evidence which supports a substantial change in circumstances.
In interpreting and applying the provisions
of this chapter, they shall be held to be the minimum requirements
for the promotion of the health, safety, morals or general welfare
of the Village. It is not intended by this chapter to interfere with
or abrogate or annul any Village building code or any rules or regulations
adopted or issued thereunder or the rules and regulations of the Board
of Health of the Village of Lindenhurst and not in conflict with any
of the provisions of this chapter; provided, however, that where this
chapter imposes a greater restriction upon the use of buildings or
premises or upon the height of the building or requires larger open
spaces than are imposed or required by such ordinance, rules and regulations,
the provisions of this chapter shall control.
In case any building or structure is erected,
constructed, reconstructed, altered, repaired, converted or maintained
or any building, structure or land is used in violation of this chapter
or of any ordinance or regulation made under authority conferred thereby,
the proper local authorities of the Village, in addition to other
remedies, may institute any appropriate action or proceedings to prevent
such unlawful erection, construction, reconstruction, alterations,
repair, conversion, maintenance or use, to restrain, correct or abate
such violation, to prevent the occupancy of said building, structure
or land or to prevent any illegal act, conduct, business or use in
or about such premises.
[Amended 1-6-1976 by L.L. No. 3-1976; 4-18-1989 by L.L. No. 3-1989; 6-16-1992 by L.L. No. 2-1992]
Where penalties are not provided for in the
specific article, for any and every violation of the provisions of
this chapter, the owner, general agent or contractor of a building
or premises where such violation has been committed or shall exist
and the lessee or tenant of an entire building or entire premises
where such violation has been committed or shall exist and the owner,
general agent, contractor, lessee or tenant of any part of a building
or premises in which part such violation has been committed or shall
exist and the general agent, architect, builder, contractor or any
other person who knowingly commits, takes part or assists in any such
violation shall be liable on conviction thereof to a fine or penalty
not less than $25 for each and every offense, and whenever such person
shall have been notified by the Inspector or by the service or summons
in a prosecution or in any other way that he is committing such violation
of this chapter, each day that he shall continue such violation after
such notification shall constitute a separate offense punishable by
a like fine or penalty. Such fines or penalties shall be collected
as like fines or penalties are now by law collected.
[Added 9-17-1996 by L.L. No. 6-1996]
A.
The provisions herein shall only apply to the erections
of awnings or canopies in the Business, Professional, Industrial and
Marine Business Zoning Districts.
B.
Upon request, the Board of Trustees may, by resolution
as it deems appropriate, waive otherwise necessary applications to
the Planning Board and Zoning Board of Appeals in connection with
the erection of an awning or canopy.
C.
Any such action by the Board of Trustees shall not
dispense with the need for required building permits and/or sign permits
as may be applicable.
