The Village of Altamont Building Inspector or such other agents, officials, or employees of the Village designated by the Village Trustees shall have the power and duty to enforce the provisions of this chapter. He/she shall be appointed and may be removed by the Village Board and shall serve at the pleasure of the Village Board of Altamont. An appeal from a ruling by the Inspector regarding a requirement of this chapter may be made only to the Zoning Board of Appeals.
All petitions, applications and appeals provided for in this chapter shall be made on forms prescribed by the Village Board and accompanied by any fee that may be prescribed by the Village Board. Application for any permit hereunder shall be made to the Building Inspector. Forms shall be accompanied by plans and specifications as required by this chapter.
A. 
Fees shall be paid to the Building Inspector upon the filing of an application. Such fees shall be as established by Village Board resolution and are not refundable.
B. 
An application involving more than one of the above-described review procedures shall require payment of only the highest applicable fee. An application shall not be complete and acceptable for review until the required fee is paid.
C. 
In addition to the above-described fees, the applicant shall reimburse the Village for engineering, architect, landscape architect, attorney, hydrologist, legal, survey, mapping or redrawing of any Village map(s), and other professional fees and related expenses, if any, incurred by the Village in connection with the review of an application and, when applicable, in connection with the inspection and acceptance by the Village of streets, drainage facilities, sanitary sewers or other facilities, if any, to be dedicated to the Village as part of the project cited in the application as per § 355-46 below. The Zoning Board of Appeals is authorized to establish an escrow account to be funded by the applicant for such expenses.
[Amended 4-5-2022 by L.L. No. 1-2022]
D. 
The foregoing fees may be modified or amended by the Village Board at any time by resolution of the Board of Trustees.
[1]
Editor's Note: See Ch. A405, Fees.
[Amended 1-5-2010 by L.L. No. 1-2010; 4-5-2022 by L.L. No. 1-2022]
When the Village Board or Zoning Board of Appeals is required to hold a public hearing, as provided for in this chapter or elsewhere by law, notice of the hearing shall be given in the following manner:
A. 
Each notice of a hearing on a special use permit, subdivision approval, site plan approval and/or a variance shall be published in a newspaper of general circulation in the Village at least five days prior to the date of the hearing.
B. 
Each notice of a hearing regarding an amendment to this chapter shall be published at least one time in a newspaper of general circulation in the Village at least five days prior to the date of the hearing.
C. 
Each notice of a hearing on an appeal authorized by this chapter shall be published in a newspaper of general circulation in the Village not less than five days prior to the date of the hearing.
D. 
The Village Board or Zoning Board of Appeals may recess a hearing in order to obtain additional information or upon request of the applicant. At the time of recessing, the time and date of when the hearing is to be resumed shall be announced, if possible. If no date of resumption is announced or if the hearing is recessed for a period of three months or more, public notice of resumption of the hearing shall be published as in Subsection C above.
In a case where a special use permit or variance is denied by the Zoning Board of Appeals, unless specifically stated to be without prejudice, the application shall not be eligible for resubmittal for the period of one year from the date of said denial, unless, in the opinion of the Zoning Board of Appeals, new evidence is submitted or conditions have changed to an extent that further consideration is warranted.
No structure shall be erected, altered, placed, moved or demolished, nor shall an excavation be made or footing or foundation be constructed therefor, until a permit has been issued by the Building Inspector and such permit is prominently displayed upon the premises. This requirement applies equally to the construction or installation of underground structures, including sewage disposal systems. Such permit shall expire 180 days after the issuance thereof unless construction shall have been commenced within said period, and it shall expire 12 months after date of issue. The Building Inspector may, for good cause, grant up to two six-month extensions of the above time period upon request by the applicant.
No structure shall be built or erected unless it meets the New York State Building Code. All proposed structures shall be reviewed by the Building Inspector to assure conformance with the New York State Building Code, current edition.
Upon the completion of a structure legally erected or altered, as required by this chapter, a permit for the occupancy of the structure and the use designated in the building permit shall be issued within 10 days of a written request for inspection, unless the inspection determines that there are outstanding Building Code issues or items to be completed or rectified. No structure shall be occupied or the premises used until such permit is issued, and such certificate shall automatically become invalid upon any change in use of said premises.
A. 
The Zoning Board of Appeals is hereby authorized to retain professional consultants and/or such other experts, including but not limited to engineers, planners, attorneys, architects, landscape architects, or surveyors, as are determined to be necessary to enable the full performance of the duties of the respective Board relative to any matters before the Board.
[Amended 4-5-2022 by L.L. No. 1-2022]
B. 
Payment for the services of such consultants and/or engineers is to be made from funds deposited by the applicant with the Village in escrow accounts for such purpose.
C. 
It shall be the responsibility of the applicant to submit to the Village, prior to the commencement of any work associated with said application before the Board or at such other time as directed by the Board, certified check(s) in amount(s) equal to the estimate of the expert consultant for the cost of services to be rendered to the Village. This sum shall be released by the Village to said consultant or engineer in payment for the services rendered to it upon acceptance by the Village of said services.
D. 
In the event that an application requires Village Board action for review or implementation, including consideration of zoning issues, variances, contracts, bonding, financing or other associated actions required by virtue of an application under local zoning laws, the experts retained by the Zoning Board of Appeals on behalf of the Village as outlined in Subsections A through C above shall provide to the Village Board such services as may be required by it also in connection with its review of the application and associated actions, the cost of said experts to be provided for as set forth under this section. The purpose of this provision is to avoid duplication of services and provide for coordinated review of said application.
[Amended 4-5-2022 by L.L. No. 1-2022]
[Amended 4-5-2022 by L.L. No. 1-2022]
No building permit shall be issued for the construction, remodeling or rehabilitation of any building until all utilities and road improvements required by the Village Board and/or Zoning Board of Appeals have been completed and accepted by the Village of Altamont, except as may be otherwise authorized by Local Law No. 4 of 2007 (Subdivision of Land).[1]
[1]
Editor's Note: See Ch. 315, Subdivision of Land.
A. 
No certificate of occupancy shall be issued for any building, except a one- or two-family dwelling, unless a certificate of an architect duly licensed by the State of New York or other proof acceptable to the Zoning Board of Appeals is provided stating that the building as constructed complies in all respects with the applicable requirements of the New York State Building Code and further proof is provided satisfactory to the Building Inspector of the issuance of approval of water supply and sewage disposal facilities by all appropriate regulatory agencies having jurisdiction and whose approval is required by law.
B. 
The architect or professional engineer whose seal and signature appear on the drawings for buildings or structures other than one- or two-family dwellings, or his/her designated representative, shall be responsible for making periodic visits to the construction site to familiarize himself/herself with the progress and quality of the construction and to determine, in general, if the construction is proceeding in accord with the drawings, specifications and addenda thereto which have been approved by the Building Inspector. He/she shall file reports with the Building Inspector at regular intervals indicating the times of such visits, the status of the construction and of any defects or discrepancies between the actual construction and the approved drawings and specifications affecting structural, fire, health or safety which he/she may observe. He/she shall advise the Building Inspector when such discrepancies have been corrected.
C. 
Upon completion of the construction, the architect or engineer shall file a certificate of the completion with the Building Inspector stating that, to the best of his/her knowledge, the building or structure has been completed in accord with the approved drawings, specifications and addenda thereto, insofar as structural, fire, health and life safety are concerned, or shall state any defects of which he/she is aware.
D. 
Pending the issuance of a regular certificate of occupancy, a temporary certificate of occupancy may be issued for a period not to exceed six months. Temporary certificates of occupancy may be renewed for additional six-month periods; such renewals shall not exceed a total of two in number. Such temporary certificates of occupancy shall be issued only in cases of emergency or hardship. A building shall be considered under construction and uncompleted until there is a complete exterior of a story other than a basement.
A. 
Civil penalties and fines to applicant. A violation of any of the provisions of this chapter shall be enforced by either:
(1) 
Fines.[1]
(a) 
A fine not exceeding $350 or imprisonment for a period not to exceed six months, or by both fine and imprisonment;
(b) 
For a conviction of a second offense, provided that the first and second violations occurred within a period of five years, a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or by both fine and imprisonment;
(c) 
For a conviction for a third or subsequent offense, all of which occurred within a period of five years, a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or by both fine and imprisonment; or
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Civil penalties.
(a) 
A civil penalty not exceeding $350;[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(b) 
For a second violation, provided both the first and second violations occurred within a period of five years, a civil penalty of not less than $350 nor more than $700; and
(c) 
For a third violation, all of which occurred within a period of five years, a civil penalty of not less than $700 nor more than $1,000.
B. 
Cumulative fines and civil penalties. Each week's continued violation shall constitute a separate additional violation, for which separate and additional fines and punishment or civil penalties may be imposed and recovered.
C. 
Small claims action to collect penalty. In the event that the penalty sought is within the monetary jurisdiction of the Justice Court, as established in Article 18 of the Uniform Justice Court Act, such action to recover such penalty may be commenced as a small claim pursuant to the provisions of Article 18 of the Uniform Justice Court Act.
D. 
Inspection. The Building Inspector is authorized to enter, inspect, and examine any building or premises with the consent of the landowner. If the landowner, tenant, or occupant does not provide such consent and the Building Inspector has probable cause to believe that a violation of this chapter is occurring, he/she is authorized to obtain an administrative search warrant to conduct such entry, inspection or examination.
E. 
Procedure for investigation of zoning violations.
(1) 
Reporting and investigation. Any person may report a suspected violation to the Building Inspector. The Building Inspector shall record all suspected violations on a form prescribed by the Village. Within a reasonable time thereafter the Building Inspector shall investigate and determine whether a violation exists. The investigation shall include a visit to the site of the alleged violation. The Building Inspector may also determine that a violation exists based on his or her own investigation and without a prior complaint. In that event the Building Inspector shall record and investigate the suspected violation as provided above.
(2) 
Notice of violation. Within a reasonable time of determining whether a violation exists, the Building Inspector shall serve the landowner and any other responsible party, or both, with a "Notice of and Demand to Remedy Violation." The notice shall be served on the landowner and any other responsible party by certified mail, return receipt requested, or by personal delivery. If service is not possible under either method, the Building Inspector may use the best possible alternative method of service provided for under the Civil Practice Law and Rules of the State of New York that ensures notice to the alleged violator(s). The notice shall set forth the alleged violation in reasonable detail and cite to the applicable part of this chapter. The notice shall also state the corrective action sought and the time by which the corrective action must happen. A reasonable period shall be provided to correct a violation, which period shall be determined by the circumstances of the violation and the degree to which the violation constitutes a danger to public health, safety and welfare.
(3) 
Justice Court; appearance tickets. If the alleged violator(s) fail(s) to correct the violation within the period provided for correction of the violation, the Building Inspector shall then commence a proceeding in the local Justice Court. The Building Inspector shall commence the proceeding by ordering an appearance ticket to be served on the alleged violator(s) in accordance with the requirements of state law for issuance of appearance tickets. The Building Inspector shall also prepare a supporting deposition or affidavit setting forth the details of the violation. The Building Inspector may also, where an appearance ticket fails to secure the court attendance of the alleged violator(s), request that the Justice Court issue a criminal summons for service on the alleged violator(s). The Village Attorney shall represent the Building Inspector in the Justice Court. Notwithstanding the foregoing, the Building Inspector may, simultaneously to the remedy provided herein, refer the alleged violation to the Village Attorney for an injunction and the collection of civil fines as provided for in Subsections A, B and C above.
(4) 
Authorization to issue appearance tickets. The Building Inspector and any appointed deputy are hereby authorized to issue and serve appearance tickets with respect to violations of this chapter. An appearance ticket issued under authority of this chapter shall be served personally.
(5) 
Reports to the Village Board by the Building Inspector. The Building Inspector shall present a monthly report on the activities of his or her office to the Village Board. The Building Inspector shall submit an annual report to the Village Board describing each confirmed violation and its disposition. Information that could adversely effect an ongoing investigation may be withheld from the report.
(6) 
Out-of-court settlements. Out-of-court settlements are encouraged. They shall, however, be in writing and signed by both the Building Inspector and the alleged violator(s). Where a court proceeding has been commenced, any settlement shall be made a stipulation and so ordered by the court.
F. 
A stop-work order may be issued by the Building Inspector.
G. 
Abatement of violations.
(1) 
By the Village Board or Building Inspector. The Village Board, or the Building Inspector with the permission of the Village Board, may commence an action in a court of competent jurisdiction to prevent, restrain, correct, or abate a violation hereunder. As part of such an action, such boards or officer may seek fines and civil penalties as provided for above.
(2) 
Private actions to enforce chapter. Upon the failure or refusal of the Village Board to commence and enforce this chapter for a period of 10 days after written request by a resident taxpayer of the Village so to proceed, any three taxpayers of the Village residing in the district wherein such violation exists, who are jointly or severally aggrieved by such violation, may institute such appropriate action or proceeding in like manner as the Building Inspector or the Village Board is authorized to do.
[1]
Editor's Note: Former § 355-51, Planning Board, as amended, was repealed 4-5-2022 by L.L. No. 1-2022.
A. 
Membership.
(1) 
A Zoning Board of Appeals is hereby established in accordance with §§ 7-712, 7-712-a, and 7-712-b of the Village Law. It shall consist of seven members and two alternates, each to serve for a term of three years. The manner of their appointment shall be in accordance with the provisions of § 7-712 of the Village Law. A member of the Zoning Board of Appeals shall not at the same time be a member of the Village Board.
[Amended 4-5-2022 by L.L. No. 1-2022]
(2) 
If a vacancy shall occur otherwise than by expiration of term, the Village Mayor shall appoint the new member for the remainder of the term.
(3) 
The Village Board shall designate its Chairperson and shall provide for such expenses as may be necessary and proper. In the absence of a Chairperson, the Zoning Board of Appeals may designate a member to serve as Acting Chairperson.
(4) 
The Village Board shall have the power to remove any member of the Zoning Board of Appeals for cause and after public hearing.
(5) 
Training and continuing education. Every member of the Zoning Board of Appeals shall annually attend four hours at one or more training or continuing education course related to the work of the Zoning Board of Appeals each year as per Village Law §§ 7-712 and 7-718. The Village Board of Trustees shall authorize compensation for the reasonable expense of such training or continuing education.
[Added 1-5-2010 by L.L. No. 1-2010]
B. 
Powers.
(1) 
The Zoning Board of Appeals shall have the duties, rights, powers and functions conferred upon it by § 7-712-b of the Village Law and any other provisions of the Village Law and any other provisions of law or ordinance applicable thereto in connection with appeals to review any order, requirement, decision, interpretation, or determination made by the administrative official charged with the enforcement of this chapter, generally the Building Inspector.
(2) 
Hearing appeals. The jurisdiction of the Zoning Board of Appeals shall be appellate and shall include hearing and deciding appeals from and reviewing any order, requirement, decision, interpretation, or determination made by the administrative official. Such appeal may be taken by any person aggrieved or by an officer, department, board or bureau of the Village.
[Amended 1-5-2010 by L.L. No. 1-2010]
(3) 
The responsibilities of the Zoning Board of Appeals shall also include:
[Added 4-5-2022 by L.L. No. 1-2022]
(a) 
Reviewing and granting subdivision applications;
(b) 
Reviewing and granting site plan applications;
(c) 
Reviewing and granting special use permit applications;
(d) 
Preparing changes to the Comprehensive Plan (unless the Village Board creates a separate committee for this purpose) and review of proposed amendments to this chapter; and
(e) 
Any other matters that the Village Board of Trustees shall, by amendment to this chapter, decide to vest as responsibilities of the Zoning Board of Appeals.
[Amended 4-5-2022 by L.L. No. 1-2022]
(f) 
In carrying out these functions, the Zoning Board of Appeals shall have all of the powers described in § 7-725-a of the Village Law related to site plan review and §§ 7-728 and 7-730 of the Village Law related to review of subdivision plats.
C. 
Conduct of business.
(1) 
The Zoning Board of Appeals may employ such clerical or other staff as may be necessary, provided that it shall not incur expenses beyond the amount of appropriations made available by the Village Board for such purposes.
(2) 
Meetings, minutes, and records. Meetings of the Zoning Board of Appeals shall be open to the public to the extent provided in Article 7 of the Public Officers Law. Such Zoning Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact and shall also keep records of its examinations and other official actions.
(3) 
Filing requirements. Every rule and regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Zoning Board of Appeals shall be filed in the office of the Village Clerk within five business days and shall be a public record.
(4) 
Assistance to Zoning Board of Appeals. Such Board shall have the authority to call upon any department, agency or employee of the Village for such assistance as shall be deemed necessary and as shall be authorized by the Village Board. Such department, agency or employee may be reimbursed for any expenses incurred as a result of such assistance. Further, the Zoning Board of Appeals shall have the authority to call upon any professional to assist in its review of applications. Expense for such professional shall be born by the applicant.
(5) 
The Zoning Board of Appeals shall have the power to promulgate written rules of procedure, bylaws, and forms in order to fulfill its responsibilities under this chapter.
(6) 
All meetings of the Zoning Board of Appeals shall be held at the call of the Chairperson and at such other times as the Board may determine.
(7) 
Time of appeal. An appeal shall be made within 60 days after the filing of any order, requirement, decision, interpretation or determination of the administrative official by filing with such officer and with the Zoning Board of Appeals a notice of appeal, specifying the grounds thereof and the relief sought, on forms prescribed by the Zoning Board of Appeals. Such application shall refer to the specific provision of this chapter involved and shall specify the grounds for the variance requested, the interpretation claimed, or for the reversal of an order, requirement, decision or determination of an administrative official. The Building Inspector shall transmit to the Zoning Board of Appeals all the papers constituting the record upon which the action appealed from was taken.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(8) 
Stay upon appeal. An appeal shall stay all proceedings in furtherance of the action appealed from unless the administrative official certifies to the Zoning Board of Appeals, after the notice of appeal shall have been filed with the administrative official, that by reason of facts stated in the certificate a stay, would, in his or her opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Board of Appeals or by a court of record on application, on notice to the administrative official from whom the appeal is taken and on due cause shown.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(9) 
Hearing on appeal. The Zoning Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it after receipt of a complete application. The Zoning Board of Appeals shall give public notice of such hearing by publication in a paper of general circulation in the Village at least five days prior to the date thereof. The cost of sending or publishing any notices relating to such appeal, or a reasonable fee relating thereto, shall be borne by the appealing party and shall be paid to the Board prior to the hearing of such appeal. Upon the hearing, any party may appear in person or by agent or attorney. In addition to the public notice of a hearing, notice shall be given in writing to all property owners of the land included in such proposed change, and the land immediately adjacent extending 100 feet therefrom, and the land directly opposite thereto extending 100 feet from the street or highway frontage of such opposite land, as said property owners and addresses appear on the latest completed assessment roll of the Village. Upon the hearing, any party may appear in person or by agent or by attorney. The Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises and to that end shall have all the powers of the officer from whom the appeal is taken.
(10) 
Notice to County Planning Board. At least five days before such hearing, the Zoning Board of Appeals shall mail notices thereof to the parties and to the County Planning Board as required by § 239-m of the General Municipal Law. This notice shall be accompanied by a full statement of the proposed action, as defined in Subdivision 1 of § 239-m of the General Municipal Law. No action shall be taken on variances referred to the County Planning Board until its recommendation has been received or 30 days have elapsed after its receipt of the full statement of the proposed variance, unless the county and Village agree to an extension beyond the thirty-day requirement for the County Planning Board's review. A majority-plus-one vote shall be required to approve any variance which receives a recommendation of disapproval from the County Planning Board because of the referral process specified above, along with a resolution setting forth the reasons for such contrary action.
(11) 
Notice to adjacent municipalities. When application for a use variance involves property that is within 500 feet of an adjacent municipality, as defined in § 239-nn of the General Municipal Law, the Zoning Board of Appeals shall give notice to the adjacent municipality by mail or electronic transmission to the clerk of the adjacent municipality at least 10 days prior to any hearing. Such adjacent municipality may appear and be heard.[3]
[3]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(12) 
Time of decision on appeal. The Zoning Board of Appeals shall decide upon the appeal within 62 days after the conduct of said hearing. The time within which the Zoning Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board.
(13) 
Voting requirements.
(a) 
Decision of the Board. Every motion or resolution of a Zoning Board of Appeals shall require for its adoption the affirmative vote of a majority of all the members of the Zoning Board of Appeals as fully constituted regardless of vacancies or absences. Where an action is the subject of a referral to the county planning agency, the voting provisions of § 239-m of the General Municipal Law shall apply.
(b) 
Default denial of appeal. In exercising its appellate jurisdiction only, if an affirmative vote of a majority of all members of the Board is not attained on a motion or resolution to grant a variance or reverse any order, requirement, decision or determination of the administrative official, within the time allowed, the appeal is denied. The Board may amend the failed motion or resolution and vote on the amended motion or resolution within the time allowed without being subject to the rehearing process as set forth in Subsection C(16) of this section.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(14) 
Filing of decision and notice. The decision of the Zoning Board of Appeals on the appeal shall be filed in the office of the Village Clerk within five business days after the day such decision is rendered and a copy thereof mailed to the applicant.
(15) 
Compliance with State Environmental Quality Review Act (SEQRA). The Zoning Board of Appeals shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations as codified in Title Six, Part 617 of the New York Codes, Rules and Regulations.
(16) 
Rehearing. A motion for the Zoning Board of Appeals to hold a rehearing to review any order, decision or determination of the Board not previously reheard may be made by any member of the Board. A unanimous vote of all members of the Board then present is required for such rehearing to occur. Such rehearing is subject to the same notice provisions as an original hearing. Upon such rehearing the Board may reverse, modify or annul its original order, decision or determination upon the unanimous vote of all members then present, provided that the Board finds that the rights vested in persons acting in good faith in reliance upon the reheard order, decision or determination will not be prejudiced thereby.
D. 
Permitted action by Zoning Board of Appeals.
(1) 
Orders, requirements, decisions, interpretations, and determinations. The Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination appealed from and shall make such order, requirement, decision, interpretation or determination as in its opinion ought to have been made in the matter by the administrative official charged with the enforcement of this chapter and to that end shall have all the powers of the administrative official from whose order, requirement, decision, interpretation or determination the appeal is taken.
(2) 
Use variances.
(a) 
The Zoning Board of Appeals, on appeal from the decision or determination of the administrative official charged with the enforcement of this chapter, shall have the power to grant use variances, as defined herein.
(b) 
No such use variance shall be granted by the Zoning Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unreasonable hardship. In order to prove such unreasonable hardship, the applicant shall demonstrate to the Zoning Board of Appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located:
[1] 
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent and unbiased financial evidence;
[2] 
The alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood;
[3] 
The requested use variance, if granted, will not alter the essential character of the neighborhood; and
[4] 
The alleged hardship has not been self-created.
(c) 
The Zoning Board of Appeals, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unreasonable hardship proven by the applicant and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
(3) 
Area variances.
(a) 
The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the administrative official charged with the enforcement of this chapter, to grant area variances as defined herein.
(b) 
In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the Board shall also consider:
[1] 
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance;
[2] 
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
[3] 
Whether the requested area variance is substantial;
[4] 
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
[5] 
Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Zoning Board of Appeals but shall not necessarily preclude the granting of the area variance.
(c) 
The Zoning Board of Appeals, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
(4) 
Imposition of conditions. The Zoning Board of Appeals shall, in the granting of both use variances and area variances, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of this chapter and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
E. 
Court review of Board decisions.
(1) 
Any person or persons jointly or severally aggrieved by any decision of the Zoning Board of Appeals may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules and § 7-712-c of the Village Law.
(2) 
Expiration of appeal decision. Unless otherwise specified by the Zoning Board of Appeals, a decision on any appeal shall expire if the appellant fails to obtain any necessary building permit within 12 months of the date of such decision.
(3) 
Grant of variance. The grant of a variance shall serve as authorization for the Building Inspector to issue a project permit, provided that the project complies with all applicable provisions of this chapter and other applicable regulations.
A. 
Purpose. This chapter may be amended by changing the boundaries of districts or by changing any other provision thereof whenever the public necessity and convenience and the general welfare require such amendment by following the procedures of this section.
B. 
Authorization to initiate amendments. An amendment to the text of this chapter or the Zoning Map[1] may be initiated by:
(1) 
Resolution of intention of the Village Board.
(2) 
Resolution of intention of the Zoning Board of Appeals.
[Amended 4-5-2022 by L.L. No. 1-2022]
(3) 
Application by one or more property owners or their agents.
[1]
Editor's Note: The Zoning Map is on file in the office of the Village Clerk.
C. 
Application for an amendment to the Zoning Map. A property owner(s) or his agent(s) may initiate a request for an amendment to the Zoning Map by filing an application with the Building Inspector using forms provided for such requests by the Village. Such application shall be accompanied by a legal description of the property or properties affected, a map showing the property or properties affected and all properties within a radius of 500 feet of the exterior boundaries thereof, a statement of the proposed use of the property if the zoning change is granted and a filing fee as required in the Village's fee schedule established by Village Board resolution.
D. 
Public hearing on amendment. A public hearing shall be held by the Village Board before an amendment is permitted to the text of this chapter or the Zoning Map. Notice of said hearing shall be provided as required in § 355-42 of this chapter.
E. 
Referral to Zoning Board of Appeals. The Village Board shall refer all applications for a zoning amendment to the Zoning Board of Appeals, when such was not initiated by such Board, for review and recommendation. The Village Board may also specify the time limit on the review by the Zoning Board of Appeals.
[Amended 4-5-2022 by L.L. No. 1-2022]
F. 
Hearing before Village Board. In no case shall any amendment or change be finally considered by the Village Board until all provisions of this chapter have been met. If the Village Board proposes to adopt an amendment that is substantially altered from the recommendation of the Zoning Board of Appeals, the Village Board may refer said proposed amendment back to the Zoning Board of Appeals for report and recommendation before adoption.
[Amended 4-5-2022 by L.L. No. 1-2022]
G. 
Time of and notification of decision. The Village Board shall render a decision on the application for amendment to the Zoning Map within 60 days after the public hearing required herein has concluded. The Village Board shall notify the applicant for amendment to the Zoning Map, in writing, of the Village Board's decision within five days after the decision has been rendered.
H. 
Records of amendments. The Village Clerk shall maintain separate files and records of each amendment to the Zoning Map or this chapter which shall be open to public inspection upon request.