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 prosecutions 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.
The following activities shall not require a
zoning permit, and are exempt from the provisions of this chapter,
except where otherwise specified:
B.
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.);
C.
Minor accessory structures such as posts, sidewalks,
driveways, flagpoles, playground equipment, chimneys, etc.;
D.
Nonstructural agriculture and forest management uses;
E.
Silos, corn cribs and other similar agricultural accessory
uses (exclusive of barns);
F.
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.
[Amended 9-10-2007 by L.L. No. 3-2007; 3-12-2018 by L.L. No. 3-2018]
Fees required under this chapter are updated by resolution of
the Village Board and amounts are available on the fee schedule at
the Village Clerk's office. Fees are to be paid at the time of
the permit application. No special use permit or 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 to. 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 10 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.
A Zoning Board of Appeals is hereby created
consisting of five members. The Village Board shall appoint the members
on a staggered term basis in conformance with Village Law and shall
appoint a Chairman. The Board of Appeals shall have all the powers
and duties prescribed by Village Law and by any rules and regulations
adopted by the Village Board.
In accordance with this chapter, the Planning
Board shall have the power to approve, approve with modifications,
or disapprove site plans and special use permits. The Planning Board
shall give advisory opinions when requested by the Zoning Board of
Appeals or the Village Board. The Planning Board shall abide by any
rules and regulations adopted by the Village 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, to remedy the situation
from the date of the mailing, 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,
Subdivision 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.
