This chapter shall be enforced by the Zoning Enforcement Officer.
The Zoning Enforcement Officer shall be appointed by the Village Board
annually. The Village Board may appoint a Deputy Zoning Officer who
shall enforce this chapter should the Zoning Enforcement Officer be
unable to perform his or her duties because of absence, health, death
or any other reason. The Village Mayor may appoint an Acting Zoning
Enforcement Officer for a period not exceeding 120 days should the
Zoning Enforcement Officer or the Deputy Zoning Enforcement Officer,
should there be one, not be able to perform his or her duties because
of absence, health, death, resignation, retirement, or any other reason.
The Acting Zoning Enforcement Officer may serve for a period exceeding
120 days with Village Board approval.
No building shall be used or occupied or the use altered until
a certificate of occupancy required under the New York State Uniform
Fire Prevention and Building Code has been issued by the Village Building
Inspector and also certified by the Zoning Enforcement Officer.
Whenever a violation of this chapter occurs, any person may
file a complaint in regard thereto. All such complaints shall be in
writing and filed with the Zoning Enforcement Officer who shall properly
record such complaint and immediately investigate.
The Zoning Enforcement Officer is authorized to inspect and
examine, or cause to be inspected and examined, any building, structure,
place, premises or use in the Village with regard to the provisions
of this chapter and to issue a written order for the proper remedying
or compliance, within a reasonable period of time not to exceed 30
days, of any condition to be found in violation thereof, subject to
the provisions of the chapter.
If an unlawful condition of use is found not to have been properly
remedied or made to comply with the provisions of this chapter by
the expiration of a reasonable time period not to exceed 30 days,
the Zoning Enforcement Officer is empowered to immediately institute
any appropriate action, charge, or proceedings in the proper legal
court for the prevention, cessation or discontinuance of any condition,
use, occupancy or act (in, on, or around any building, structure,
or tract of land) and for the prosecution of any owner, occupant or
offender.
The lawful use of any building or land existing at the time
of the enactment of this chapter or any amendments thereto may be
continued although such use does not conform to the provisions of
the chapter, subject to the following:
A. Expansions. A nonconforming use shall not be expanded until such
time as the owner of the lot of record has applied for and received
a variance from the Zoning Board of Appeals. The expansion of all
lawful use to any portion of any nonconforming building which existed
prior to the enactment of this chapter shall be deemed an expansion
of such nonconforming use and shall also require a variance.
B. Abandonment or discontinuance. When a nonconforming use of land ceases
for any reason for a period of more than 30 days, or a nonconforming
use of a structure has ceased for a consecutive period of six months,
or for 18 months during any three-year period, it shall not thereafter
be established and the future use of such land or building shall be
in conformity with the provisions of this chapter.
C. Changes. Once changed to a conforming use, no building or land shall
be allowed to revert to a nonconforming use.
D. Destruction. If a nonconforming building or structure is destroyed
by any means to the extent of 50% or more of either its value or its
bulk, the applicant will thereafter have six months from the date
of approval of site plan, or approval of the building permit by the
Zoning Enforcement Officer if site plan approval is not necessary,
to complete reconstruction without expanding the original use. If
the six-month period expires prior to completion, the Zoning Enforcement
Officer shall commence enforcement proceedings unless, prior to said
expiration, the owner of the said lot of record has submitted an application
for an extension of the permit for an additional six-month period.
There shall be no fee charge for an extension permit.
E. Certificates. Existing nonconforming uses shall be certified and
a certificate of occupancy shall be issued within 120 days of adoption
of this chapter.
Once an application for a special permit or variance has been
approved, the applicant shall have one year to complete construction
and commence usage of the property in complete compliance with the
original application for a special permit or variance or said application
shall be considered terminated. The issuing board may, upon application
of the applicant, extend the period of time to complete construction
or commence usage for an additional six months.