The Village Board shall appoint an enforcement
officer to carry out specific administrative functions as designated
in this chapter and to enforce this chapter. The duties of the enforcement
officer shall include the following:
A.
Issue and deny zoning permits and certificates of
compliance in accordance with this chapter;
B.
Scale and interpret district boundaries on zoning
maps;
C.
Inspect and certify that the regulations of this chapter
have been adhered to;
D.
Refer appropriate matters to the Zoning Board of Appeals,
Planning Board, or Village Board.
E.
Revoke zoning permits where there is false, misleading
or insufficient information;
F.
Revoke zoning permits and certificates of compliance
where the applicant has not complied with the provisions of the approved
application;
G.
Investigate violations and complaints of violations
of this chapter, issue stop-work orders and refer violations to the
Village Justice or the Village Board;
H.
Assist in the prosecution of violations.
The following activities shall require a zoning
permit unless otherwise specifically exempted in this chapter:
A.
Erection, re-erection or movement of a building or
structure;
B.
Change of the exterior structural dimensions of a
building or structure;
C.
Change in use of land, buildings or structures through
the establishment of a new use, or through the expansion or enlargement
of an existing use;
D.
The resumption of any use which has been discontinued
for a period of 12 months or longer;
E.
Establishment or change in dimensions of a parking
area for nonresidential or multifamily residential uses;
G.
Fences or walls.
H.
Driveways.
[Added 10-21-2019 by L.L. No. 1-2019]
The following activities shall not require a
zoning permit and are exempt from the provisions of this chapter,
except where otherwise specified:
A.
Interior structural alterations or routine maintenance
and improvement that does not expand the exterior dimensions of the
structure (e.g., roofing, window replacement, siding replacement,
etc.);
B.
Minor accessory structures such as posts, sidewalks,
flagpoles, playground equipment, chimneys, etc.;
[Amended 10-21-2019 by L.L. No. 1-2019]
C.
Nonstructural agriculture and forest management uses;
D.
Silos, corn cribs and other similar agricultural accessory
uses (exclusive of barns);
E.
Landscaping.
A.
Applications for zoning permits shall be submitted
to the enforcement officer or Village Clerk and shall include the
following:
(1)
The actual dimensions of the lot to be used;
(2)
The size and location on the lot of the structures
and accessory structures to be erected and/or altered;
(3)
The distance from the building line to all lot lines;
street right-of-way lines; waterfront lot lines; and any other significant
features of the lot;
(4)
Such other information as may be necessary to determine
and provide for the enforcement of this chapter.
B.
This information, and other relevant application data,
shall be provided on a form issued by the Village.
Fees required under this chapter will be determined
from time to time by the Village Board pursuant to resolution and
are to be paid at the time of application. No zoning permit shall
be issued until full payment has been received by the Village Clerk.
The applicant shall display the zoning permit
on the building, structure or site in such a manner that it is visible
to the public until such time as a certificate of compliance is issued
or the zoning permit expires.
When establishing measurements to meet the required
yard sizes, or use or structure setbacks, the measurements shall be
taken from the street right-of-way line, lot line or nearest high
water elevation to the point attached to the structure which is closest
to the point to which measurement is being made. This shall include
such projecting facilities as cornices, chimneys, eaves, porches,
carports, attached garages, etc.
A zoning permit shall expire six months from
the date of issue unless substantial progress has been made towards
carrying out the terms of the zoning permit. The applicant shall have
two years to complete the terms of the zoning permit, or all work
shall cease at the site. An extension may be allowed by the enforcement
officer upon proof of necessity submitted by the applicant due to
conditions unusual or beyond the control of the applicant.
A.
No use or structure requiring a zoning permit shall
be occupied, used, or changed in use until a certificate of compliance
has been issued by the enforcement officer stating that the use or
structure complies with the provisions of this chapter.
B.
All certificates of compliance shall be applied for
with the application for a zoning permit. The certificate shall be
issued within ten days after the erection or alteration shall have
been approved as complying with the provisions of this chapter.
C.
For uses requiring a Planning Board review, no certificate
of compliance shall be issued for any such use or structure unless
in conformity in all respects to the Planning Board approval, including
any condition imposed upon it.
[Amended 3-21-2005 by L.L. No. 2-2005]
A.
The Board of Appeals shall consist of five members
as set forth in § 7-712 of the Village Law, or in the alternative
the Village Board may enter into an agreement pursuant to Article
5-G of the General Municipal Law and § 7-741 of the Village
Law to establish a Cooperative Board of Appeals. In the event of a
Cooperative Board of Appeals, membership shall be as per the contractual
agreement and may otherwise vary from provisions of § 7-712
of the Village Law as may be set forth in that agreement.
B.
The powers of the Board of Appeals shall be to interpret
this chapter and to grant area variances and use variances in accordance
with the standards set forth in § 7-712-b of the Village
Law and as may be otherwise provided by law.
C.
The procedure before the Board of Appeals shall be
in accordance with § 7-712-a of the Village Law, except
as may be specifically modified by an intermunicipal agreement should
the Village elect to enter into a Cooperative Board of Appeals, in
which event such procedures shall be strictly governed by the intermunicipal
agreement.
D.
This section specifically supersedes those provisions
of § 7-712 ofthe Village Law requiring that there be three
or five members of the Board of Appeals, that the terms be staggered,
that the Village Board select the chairman, and the voting power of
members of the Board of Appeals in the event that the Village should
enter into an intermunicipal agreement pursuant to § 7-741
of the Village Law and Article 5-G of the General Municipal Law, in
which event the intermunicipal agreement shall govern those factors.
[Amended 5-16-2016 by L.L. No. 5-2016]
In accordance with this chapter, the Planning Board or a Cooperative
Joint Planning Board as may be established from time to time by the
Village Board, shall have the power to approve, approve with modifications,
or disapprove site plans and special use permits. The Planning Board
may also give advisory opinions when requested by the Zoning Board
of Appeals or the Village Board. The Planning Board shall abide by
any rules or regulations adopted by the Village Board and/or the Cooperative
Joint Planning Board.
A.
Whenever a violation of this chapter occurs, any person
may initiate a complaint. All complaints shall be in writing and delivered
to the Village Clerk or enforcement officer. The enforcement officer
shall accurately record the complaint, file it appropriately, and
investigate it.
B.
If the complaint is found to be valid, the enforcement
officer shall then inform the owner of the premises that there is
a violation of the law. The owner shall be notified by certified mail
with a return receipt requested and by regular mail, or be personally
served, as to the manner of the violation. Mail shall be sent to the
address of the property owner as stated on the last completed tax
roll. The owner will have 14 days, minimum, from the date of the mailing,
to remedy the situation, except in the case of imminent peril to life
or property.
C.
An order to stop use/work may be issued to the owner
in the same manner as a notice of violation. Such order shall require
that all construction stop immediately.
D.
If a violation persists, the enforcement officer may
file an "information and complaint" with the Village Justice, charging
the owner with violating one or more sections of this chapter. The
Village Justice shall then issue a summons for the violator to appear
in court.
E.
Pursuant to Criminal Procedure Law § 150.20(3),
the enforcement officer is hereby authorized to issue an appearance
ticket to any person causing a violation of this chapter and, if a
violation persists, shall cause such person to appear before the Village
Justice.
A.
Pursuant to Municipal Home Rule Law § 10
and Village Law § 7-714, any person, firm, or corporation
who commits an offense against, disobeys, neglects, or refuses to
comply with or resists the enforcement of any of the provisions of
this chapter shall, upon conviction, be deemed guilty of a violation
and subject to fine and/or imprisonment. Any violation of this chapter
is an offense punishable by a fine not exceeding $350 or imprisonment
for a period not to exceed six months, or both, for conviction of
a first offense; for conviction of a second offense both of which
were committed within a period of five years, punishable by a fine
not less than $350 nor more than $700 or imprisonment for a period
not to exceed six months, or both; and, upon conviction for a third
or subsequent offense all of which were committed within a period
of five years, punishable by a fine not less than $750 nor more than
$1,000 or imprisonment for a period not to exceed six months, or both.
However, for the purpose of conferring jurisdiction upon courts and
judicial officers generally, violations of this chapter shall be deemed
misdemeanors, and, for such purpose only, all provisions of law relating
to misdemeanors shall apply to such violations. Each week's continued
violation shall constitute a separate additional violation.
B.
In addition to the above remedies, the Village Board
may maintain an action or proceeding in the name of the Village in
a court of competent jurisdiction to compel compliance with or restrain
by injunction the violation of this chapter.
