The duty of administering and enforcing the
provisions of this chapter is hereby conferred upon the Zoning Enforcement
Officer, who shall have such powers as are conferred upon him by this
chapter and as reasonably may be implied therefrom. He shall be appointed
by the Village Board and shall receive compensation as the Village
Board shall determine. The Zoning Enforcement Officer shall have such
other and further duties as may be assigned by the Village Board pursuant
to this chapter or otherwise.
A.
Inspection and review.
(1)
It shall be the duty of the Zoning Enforcement Officer,
or his duly authorized assistants, to cause any plans, buildings or
premises to be examined or inspected to determine that they are not
in violation of the provisions of this chapter.
(2)
The Zoning Enforcement Officer and all his duly authorized
assistants shall be entitled to enter any building or premises (which
includes the internal premises, such as basement, etc.) for the purpose
of inspection, observation, measurement, testing and records examination
in performing his duties set forth in this chapter and for the further
purpose of ascertaining whether the provisions of this chapter are
being met and all requirements are being complied with. Persons or
occupants of premises to be entered shall allow the Zoning Enforcement
Officer and/or his assistants ready access at all reasonable times
to all parts of the premises to carry out the actions specified herein.
Where any owner or occupant has security measures in force which would
require proper identification and clearance before entry into their
premises, the owner or occupant shall make necessary arrangements
with their security guards so that, upon presentation of suitable
identification, personnel from the Village will be permitted to enter,
without delay, for the purposes of performing their specific responsibilities.
(3)
The Zoning Enforcement Officer or any of his duly
authorized assistants seeking to enter private property pursuant to
the provisions of this chapter may enter such property on the valid
consent of the owner or occupant. In the event that such valid consent
is denied or if said Zoning Enforcement Officer or assistant determines
that it is preferable to obtain a search warrant without first seeking
such valid consent, said Zoning Enforcement Officer or assistant shall
be entitled to obtain a search warrant pursuant to the applicable
provisions of law from a court of competent jurisdiction to compel
the owner or occupant to permit immediate entry and inspection.
(4)
Notwithstanding the provisions contained in the immediately
preceding subsection, in the event that an exigent situation exists,
said Zoning Enforcement Officer and/or assistants shall be entitled
to immediately enter upon any private property for the purposes set
forth in this chapter, either with or without a search warrant.
B.
Violations and written orders. Where the Zoning Enforcement
Officer, in the course of his duties, determines that any plans, building
or premises are in violation of the provisions of this chapter, he
shall order the responsible party in writing to remedy such conditions.
Said written order shall comply with the provisions of this chapter.
C.
Revocation of certificate of compliance. On the serving
of notice and failure to comply with the time limits specified in
such notice by the Zoning Enforcement Officer to the owner of any
violation of any of the provisions of this chapter, any certificate
of compliance previously issued for such buildings or use shall be
held null and void. A new certificate of compliance shall be required
for any further use of such building or premises.
D.
Records. The Zoning Enforcement Officer shall maintain
a permanent record of all matters considered and all action taken
by him. Such records shall form a part of the records of his office
and shall be available for the use of the Village Board and other
officials of the Village. The records to be maintained shall include
at least the following:
(1)
Application file. An individual permanent file for
each application for a permit provided for by this chapter shall be
established at the time the application is made. Said file shall contain
one copy of the application and all supporting documents and plans;
notations regarding pertinent dates and fees and the like; as appropriate,
one copy of the resolution of the Planning Board and/or Zoning Board
of Appeals in acting on the application if such action is required;
and the date the permit applied for was issued or denied by the Zoning
Enforcement Officer; and any correspondence sent or received by the
Zoning Enforcement Officer regarding such application.
(2)
Monthly report. The Zoning Enforcement Officer shall
prepare a monthly report for the Village Board. Said report shall
cite all actions and the dates taken by the Zoning Enforcement Officer,
including all referrals made by him, all permits and certificates
issued and denied, and all complaints of violations received and all
violations found by him, and the action taken by him consequent thereto.
A copy of this monthly report shall also be transmitted by the Zoning
Enforcement Officer to the Tax Assessor, Planning Board and Board
of Appeals at the same time it is transmitted to the Village Board.
The certificates and permits enumerated herein
are hereby established for the equitable enforcement and administration
of the provisions of this chapter.
A.
Zoning permit. The Zoning Enforcement Officer is hereby
empowered to issue a zoning permit for any plans regarding the construction
or alteration of any building or structures or part of any building,
or the change in the use of any land or building or part thereof,
where he shall determine that such plans are not in violation of the
provisions of this chapter.
B.
Temporary use permit. Upon written direction of the
Planning Board, the Zoning Enforcement Officer is hereby empowered
to issue a temporary use permit. A temporary use permit, as well as
a copy of any permit issued by the Zoning Enforcement Officer, shall
only be effective for a period not to exceed 12 months; such permit
may be extended by the Zoning Enforcement Officer not more than once
for an additional period not to exceed six months.
C.
Special use permit. Upon written direction of the
Planning Board, the Zoning Enforcement Officer is hereby empowered
to issue any special use permit provided for by this chapter.
D.
Certificate of compliance. The Zoning Enforcement
Officer is hereby empowered to issue a certificate of compliance which
shall certify that all provisions of this chapter have been complied
with in respect to the location and use of the building, structure
or premises in question.
A.
Application. Applications for zoning permits shall be accompanied by a layout sketch, drawn to approximate scale, showing the shape and dimensions of the lot to be built upon, the size and location of all buildings or structures proposed, as well as those that shall remain, the intended use of each building or structure, and any such other information with regard to the lot and neighboring lots, buildings and/or structures as the Zoning Enforcement Officer may in his discretion deem necessary to determine and provide for the enforcement of this chapter. Applications, together with a layout sketch, shall be submitted in triplicate. The Zoning Enforcement Officer shall carefully consider the application and supporting documents for compliance with this chapter and either issue or deny the zoning permit applied for. When the application is for any multifamily or nonresidential use within the Village, the Zoning Enforcement Officer shall, prior to the issuance of any permit, refer one copy of such plans, drawings and statements to the Planning Board for site plan review. (See Article IV.)
B.
Issuance of zoning permit. The Zoning Enforcement
Officer shall issue a zoning permit only after the following conditions,
if required, have been met:
C.
Installation of foundation. The Zoning Enforcement
Officer shall be notified that the site is prepared for installation
of the foundation of a structure and shall inspect the site to check
the location of the structure.
D.
Initiation of construction. If a zoning permit is
not obtained by the applicant within 90 days after final approval,
such approval shall be void.
E.
Completion of construction. A permit shall be void
if construction is not substantially completed within a period of
one year from the date of said permit. The Zoning Enforcement Officer
may issue a six-month extension of a permit for good cause shown.
Two such extensions of a permit will be allowed.
F.
Location of permit. The zoning permit shall be located
in a place readily visible to the public during construction activities.
Fees may be charged for permits issued and processing
of applications for amendments, variances, site plans and special
use permits. The fees shall be set by resolution of the Village Board
and may be changed from time to time in the same manner.
No land shall be used or occupied and no building
hereafter erected, altered or extended shall be used or changed in
use until a certificate of compliance has been issued by the Zoning
Enforcement Officer in accordance with the provisions of this chapter.
A.
Pursuant to Village Law § 7-712, the Board of Trustees
of the Village of LeRoy hereby establishes a Zoning Board of Appeals.
The Zoning Board of Appeals shall possess all of the powers, and fulfill
all of the duties, outlined in New York State Village Law in regards
to matters within the Village of LeRoy.
[Amended 4-13-2016 by L.L. No. 1-2016]
B.
The Zoning Board of Appeals shall have three members and one alternate
member for purposes of substituting for a member in the event one
of the three members is unable to participate due to a conflict of
interest.
[Amended 4-13-2016 by L.L. No. 1-2016]
C.
Procedure. The Board of Appeals shall act in strict
accordance with the procedure specified by state law and by this chapter.
All appeals and applications made to the Board shall be in writing
on forms prescribed by the Board and available from the Zoning Enforcement
Officer. Every appeal or application shall refer to the specific provision
of this chapter involved and shall exactly set forth the interpretation
that is claimed, or the details of the variance that is applied for
and grounds on which it is claimed that the variance should be granted
as the case may be. When hearing an appeal for a use variance, the
Board of Appeals shall transmit to the Planning Board a copy of this
notice of the aforesaid hearing and shall request that the Planning
Board submit to the Board of Appeals its recommendation on said use
variance. The Planning Board shall have 30 days in which to meet and
submit a recommendation. If they fail to act within this time period,
the Board of Appeals may render a decision without such recommendation.
D.
Board of Appeals office. The office of the Village
Clerk shall be the office of the Board of Appeals, and every rule,
regulation, amendment or repeal thereof and every order, requirement,
decision or determination of the Board shall immediately be filed
in said office.
E.
Notice of Board hearings. The Board of Appeals shall
fix a reasonable time for the hearing of an appeal and give notice
thereof to the parties and, not less than 10 days prior to the hearing
date, publish such notice at least once in the official newspaper
of the Village and decide the same within 62 days after the final
hearing. Upon the hearing, any party may appear in person or by agent
or by attorney. The Board shall, at least 10 days prior to the date
of the hearing, send notice in writing by first class mail to all
property owners within 200 feet of the property to be affected by
said appeal.
F.
Variances.
(1)
Use variances.
(a)
A use variance is one which permits a use of
land which is prohibited by this chapter. A finding of unnecessary
hardship is required to properly grant a use variance. Self-created
hardships and economic hardships shall not constitute "unnecessary
hardships" as used herein.
(b)
Use variance standards--unnecessary hardship.
Before the Zoning Board of Appeals may exercise its discretion and
grant a use variance on the grounds of unnecessary hardship, the records
must address each of the following four criteria:
[1]
The land in question cannot yield a reasonable
return if used only for a purpose allowed in that zone.
[2]
The plight of the owner is due to unique circumstances
and not to the general conditions of the neighborhood which may reflect
the unreasonableness of this chapter itself.
[3]
The use to be authorized by the variance will
not alter the essential character of the locality.
[4]
The use to be authorized by the variance will
not be contradictory or detrimental to the spirit and intent of this
chapter.
(2)
Area variances. An area variance is one in which the
appellant requests relief, usually of a dimensional nature, from area
regulations, such as yard requirements, setback lines, lot coverage,
frontage requirements and density regulations. An area variance is
one which does not involve a use which is prohibited by this chapter.
A finding of practical difficulty is required to properly grant an
area variance.
(a)
Area variance standards--practical difficulty.
Before a Zoning Board of Appeals may exercise its discretion and grant
an area variance, it must make a determination of practical difficulty.
The determination of practical difficulty is a three-step process
as follows:
[1]
First, the applicant must demonstrate that the
application of this chapter to his property causes significant economic
injury.
[2]
Once the applicant has demonstrated economic
injury, the Village must show that the regulation in question is reasonably
related to a legitimate exercise of police power.
[3]
Last, assuming that the Village has met its
burden of proof, the applicant must demonstrate that the restrictions,
as strictly applied in his case, are unrelated to public health, safety
or welfare of the community and that granting the variance will not
adversely affect the community.
(b)
Criteria for area variances. In making a determination
of practical difficulty, the Zoning Board of Appeals may consider
the five criteria listed below:
[1]
How substantial the variance is in relation
to the zoning requirements.
[2]
The effect of the increased population density
or land use intensity on available government facilities.
[3]
Whether a substantial change will be produced
in the character of the neighborhood or whether a substantial detriment
to adjoining properties will be created.
[4]
Whether the difficulty can be eliminated by
some method other than a variance which is feasible for the applicant
to pursue.
[5]
Whether, in view of the manner in which the
difficulty arose and in consideration of the above factors, the interests
of justice will be served by allowing the variance.
(c)
Minimum relief necessary. The Zoning Board of
Appeals should grant the minimum relief necessary to allow reasonable
use of the land in question. Not every applicant for an area variance
is automatically entitled to receive relief. Each application should
be carefully considered against the requirement for proof of practical
difficulty. The record must address the reasons why an area variance
was granted as it relates to the issue of practical difficulty.
G.
Decisions. With respect to any appeal, the 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 administrative official (Zoning Enforcement
Officer) from whom the appeal is taken. Every Board of Appeals decision
shall be by resolution, which shall contain a full statement of the
findings of fact in the case, and shall be recorded in the minutes.
The Board of Appeals shall render its decision within 62 days after
the final public hearing. Such decision shall immediately be filed
with the office of the Village Clerk.
H.
Solar access. Pursuant to Chapter 74-2 of the Laws
of 1979, the siting of houses to take best advantage of solar energy
and/or the construction of residential solar equipment shall be considered
in the application of the provisions of this chapter. Upon appeal
pursuant to this section of this chapter, the Zoning Board of Appeals
shall consider the specific conditions of the case and may make provisions
for, so far as conditions permit, the accommodation of solar energy
systems and equipment and access to sunlight necessary thereof when
hearing a request for an area variance.
A.
Organization. The Planning Board shall consist of
five members, including a chairperson and a deputy chairperson, all
of whom shall be appointed by the Mayor, subject to the approval of
the Village Board, whose terms shall be governed by the applicable
provisions of New York Village Law. If the Mayor fails to designate
a chairperson, the Planning Board may then itself select one.
B.
Powers and duties. Powers and duties of the Planning
Board shall be as follows:
(1)
Review special use permit. Review, in an advisory capacity, special use permits referred to the Planning Board as set forth in § 215-15.
[Amended 1-27-2021 by L.L. No. 2-2021]
(2)
Review use variances. Review, in an advisory capacity, use variances referred to the Planning Board as set forth in § 215-14.
(3)
Site plan review. Review and approve, approve with modification or disapprove a site plan in connection with any matter requiring submission of a site plan as set forth in § 215-36.
[Amended 1-27-2021 by L.L. No. 2-2021]
(4)
Temporary uses and structures. Grants permits for
temporary uses and structures.
(a)
The Planning Board may direct the Zoning Enforcement
Officer to issue a temporary permit, for a period of time not to exceed
12 months, for incidental nonconforming uses and structures as follows:
(b)
Permits shall be conditioned upon an agreement
by the applicant to remove the use upon expiration of the permit.
(c)
Permits may be reissued a maximum of one time
for an additional period of up to six months.
(5)
Other powers and duties. The Planning Board shall
have such other powers and duties as are provided by law, including
this chapter, or as are otherwise assigned to it by the Village Board.
C.
Procedure for special use permit.
[Amended 1-27-2021 by L.L. No. 2-2021]
(1)
Applications for special use permits shall be made in writing on
the appropriate form. Four copies of each application, including site
plan, shall be submitted to the Zoning Enforcement Officer, who shall
review the application for completeness prior to forwarding it to
the Village Clerk and the Village Board. One copy shall be retained
by the Zoning Enforcement Officer.
(2)
Each application shall be referred by the Village Board to the Planning
Board for a report, which report shall be rendered prior to the date
of the public hearing. A public hearing shall be held by the Village
Board before acting on any application for a special use permit. When
necessary under § 239 of the General Municipal Law, the
Village Board shall forward the application to the County Planning
Board for its review. The Village Board shall send, by first class
mail, a copy of the notice of hearing to all owners of property situated
within 250 feet of the property at least 10 days before the date of
the hearing.
(3)
Every Village Board decision shall be by resolution, which shall
contain in full a statement of the pertinent facts in the case, and
shall be recorded in the minutes.
D.
Required plan for special use permit. Four sets of the application
and site plan shall be submitted to the Zoning Enforcement Officer
to portray clearly the intentions of the applicant. These documents
shall become part of the record. Such site plan shall show the locations
of all buildings, parking, access and circulations, open space, landscaping
and other information necessary to determine that the proposed special
use complies with the intent of this chapter.
[Amended 1-27-2021 by L.L. No. 2-2021]
E.
Special use permit. A special use permit may be issued for a use
not usually and ordinarily permitted within a district when such use
is listed as a use permitted with a special use permit within that
specific district. Such special use permit may be issued only when
authorized by the Village Board after considering those factors set
forth herein, provided that such use is not inconsistent with the
public convenience and welfare. Such use shall be subject to conditions
and safeguards which may be imposed by the Village Board to protect
the use of neighboring properties. Such special use permit shall not
be granted if it substantially changes the characteristics of the
neighborhood in which the subject property is located. The Zoning
Enforcement Officer, at least yearly, shall review the use of the
property to determine compliance with any conditions which have been
prescribed by the Village Board in issuing such special use permit.
Violation of said conditions shall require a review of the permit
by the Village Board, which shall have the discretion to revoke said
special use permit.
[Amended 1-27-2021 by L.L. No. 2-2021]
F.
Standards applicable for all special use permits.
[Amended 1-27-2021 by L.L. No. 2-2021]
(1)
The Village Board may issue a special use permit only after it has
found that all the following standards and conditions have been satisfied:
(a)
The location and size of such use, the nature and intensity
of the operations involved in or conducted in connection therewith,
its site layout and its relation to access streets shall be such that
both pedestrian and vehicular traffic to and from the use and the
assembly of persons in connection therewith will not be hazardous
and shall be in harmony with the orderly development of the district.
(b)
Location, nature and height of buildings, walls and fences will
not discourage the appropriate development and use of adjacent land
and buildings, nor impair their value.
(c)
Operations of any special use shall not be more objectionable
to nearby properties than would be operations of any permitted use.
(d)
The proposed special use shall not cause noise, vibration, odor,
lighting glare and unsightliness so as to detrimentally impact on
adjacent properties.
(e)
When a commercial or industrial special use abuts a residential
property, the Village Board may find it necessary to require screening
of sufficient height and density (i.e., fences, hedges, etc.) to reduce
or eliminate the conflicting environmental conditions previously mentioned.
The Board shall use similar uses found elsewhere in this chapter to
specify the type of screening required.
(f)
Electrical disturbances shall not be caused so as to disrupt
radio or television communications in the immediate area.
(g)
The proposed use shall meet the off-street parking and loading
requirements of similar uses.
(h)
Appropriate on-lot drainage is required to eliminate any potential
on-site water-related problems. The drainage systems instituted shall
not detrimentally impact on adjacent properties.
(i)
Traffic access to and from the site, as well as on-lot, shall
be constructed to reduce traffic hazards. The Village Board shall
review and approve all such proposals.
(j)
All such uses shall be attractive landscaped. This shall involve
grading, seeding and regular mowing of the front yard area at a minimum.
(k)
No special use permit shall be issued for a use on a property
where there is an existing violation of this chapter.
(l)
As a condition of all special permits, right of entry for inspection
with reasonable notice shall be provided to determine compliance with
the conditions of said permit.
(m)
As a condition of all special permits, a time limitation may
be imposed.
(2)
In addition to the general standards for special permits as set forth
above, the Village Board may, as a condition of approval of any such
use, establish any other additional standards, conditions and requirements,
including a limitation on days or hours of operation, as it may deem
necessary or appropriate to promote the public health, safety and
welfare and otherwise implement the intent of this chapter.
[Added 11-28-2001 by L.L. No. 3-2001]
A.
Purpose. This section is enacted by the Village Board
of the Village of LeRoy pursuant to the provision of § 10
of Municipal Home Rule Law to establish alternate member positions
for the Planning Board and Zoning Board of Appeals (ZBA). The purpose
of these alternate members' positions is for the purpose of substituting
for a regular member in the event such member is unable to participate
for any reason (i.e., conflict of interest, injury, illness, unavailable
due to conflicts such as work, vacation or other personal reasons).
B.
Title. This section shall be known as "The Village
of LeRoy Alternate Member Position Law."
C.
Appointment. Alternate members to the Planning Board
or the ZBA shall be appointed by resolution of the Village Board to
serve a term of office of five years. All provisions of the Village
Zoning Law and various other rules, regulations and local laws applicable
to regular members of the Planning Board or ZBA (training and continuing
education, attendance, conflict of interest, compensation, vacancy
in office, removal, service on other boards, etc.) shall also apply
to the alternate member(s) of each respective board. Only two alternate
member positions shall be permitted to a board.
D.
Designation by Chairperson and service. The Chairperson, or Vice Chairperson in his or her absence, of the Planning Board or the ZBA may designate an alternate member to substitute for a regular member when such member is unable to participate for one of the reasons set forth in Subsection A. When so designated, the alternate member shall possess all the powers and responsibilities of such member of the board. Such designation shall be entered into the minutes of the initial meeting at which the substitution is made.
A.
It shall be unlawful for any person, firm or corporation
to construct, alter, repair, move, equip, use or occupy any land,
building or structure or part thereof in a manner not permitted by
an approved zoning permit or certificate of compliance.
B.
Notice of violation.
(1)
Any person violating any provision of this chapter
shall be served by the Zoning Enforcement Officer with a written notice
of violation and correction order stating the nature of the violation
found to exist, the remedy ordered and providing a time limit for
the satisfactory correction thereof. The notice of violation shall
further inform the violator of his right to appeal the Zoning Enforcement
Officer's administrative action to the Zoning Board of Appeals.
(2)
Service of the notice of violation and correction
order shall be sufficient if directed to the owner, operator or occupant
of a residence, commercial or industrial facility, as the case may
be, violating this chapter. Service of the final notice of violation
and correction order shall be made personally upon the alleged violator
or by certified mail, return receipt requested. If said violator cannot
be found with due diligence, service of said notice of violation and
correction order shall be sufficient if service is completed by delivering
the same to a person of suitable age or discretion at the actual residence,
commercial or industrial facility at which said violation is occurring
and by mailing the notice to the person to be served at his last known
residence or business address or, where service cannot otherwise by
made with due diligence, by affixing said notice of violation and
correction order to the door of the residence, commercial or industrial
facility at which said violation is occurring and by mailing said
notice to such person at his last known residence or place of business.
It shall be unlawful for any person to fail to comply with a written
notice of violation and correction order of the Zoning Enforcement
Officer within the time fixed for compliance therewith.
[Amended 11-18-1998 by L.L. No. 3-1998]
C.
It shall be unlawful for any owner, builder, architect,
tenant, contractor, subcontractor, construction superintendent or
their agents, or for any person taking part of assisting in the construction,
repair or use of any land, building or structure, to violate any of
the applicable provisions of this chapter or any lawful order, notice,
directive, permit or certificates of the Zoning Enforcement Officer
made hereunder.
D.
Any violation of this section and/or this chapter
shall be punishable by a fine and/or imprisonment as set forth in
New York Village Law. Each and every day such violation continues
shall be deemed a separate and distinct violation.
E.
The Zoning Enforcement Officer may, with permission
of the Village Administrator or Attorney, institute court action to
enforce the provisions of this chapter or may refer the matter to
the Village Board for its action.
F.
Any person violating any provision of this chapter
shall be liable to the Village for any and all losses, damages and
expenses incurred by the Village or for which the Village may be held
liable as a result of said violation. The Village or Zoning Enforcement
Officer shall have the right to obtain reimbursement for any loss,
damage or expense incurred by it as a result of any violation of this
chapter, including but not limited to attorney's fees and court costs
incurred as a result of any legal proceedings brought hereunder.
G.
Nothing contained in this chapter shall prevent the
Village, either alone or in conjunction with the foregoing penalties,
from maintaining an action or proceeding in the name of the Village
or Zoning Enforcement Officer in any court of competent jurisdiction
to compel compliance with or to restrain by injunction the violation
of any provision of this chapter.
Whenever a violation of this chapter occurs,
any person may file a complaint in regard thereto. All such complaints
must be in writing, signed, and shall be filed with the Zoning Enforcement
Officer who shall properly record such complaint and immediately investigate
it. Where the Zoning Enforcement Officer finds such violation, he
shall take appropriate action and/or submit the results of his investigation
in writing to the Village Board if action by them is required.
A.
The Village Board may, from time to time, on its own
motion, on petition, or on recommendation of the Planning Board, amend,
supplement or repeal the regulations and provisions of this chapter
after official notice has been given and a public hearing has been
held by the Village Board as required by law.
B.
Each petition requesting a change of zoning regulations
or district boundaries shall be typewritten, signed by the owner and
filed in triplicate, accompanied by the required fee.
C.
Every such proposed amendment shall be referred to
the Planning Board for a report prior to any public hearing.
D.
Prior to adoption by the Village Board, a proposed
amendment may, in the proper case, have to be referred to the County
Planning Board pursuant to law.
E.
In case of a written protest against such change signed
by the owners of land totaling 20% or more within a specified area,
either of the area of the land included in such proposed change or
of that immediately adjacent extending 100 feet therefrom or of that
directly opposite thereto, extending 100 feet from the street frontage
of such opposite land, such amendment shall not become effective except
by the favorable vote of at least 3/4 of the members of the Village
Board.
In case any building or structure is erected,
constructed, reconstructed, altered, repaired, converted or maintained,
or any building, structure or land is divided into lots, blocks or
sites in violation of this act, or of any zoning law or other 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, alteration, repair, conversion, maintenance, use or
division of land 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.
All issues in any action or proceeding for any of the purposes herein
stated shall have preference over all other civil actions and proceedings.
A.
The State Environmental Quality Review Act (SEQRA)
requires that local government examine the environmental impact of
all actions they permit, fund or construct. Article 8 and Part 617
of Title 6 of the New York Code of Rules and Regulations (8 NYCRR
Part 617) sets forth the State Environmental Quality Review (SEQR)
regulations in detail and should be reviewed for compliance prior
to undertaking any of the above-mentioned activities.
B.
Determination of lead agency.
(1)
As set forth in 8 NYCRR Part 617, determination of
lead agency status is one of the initial steps in the SEQR process.
When the Village is designated lead agency for a particular zoning
action, the following boards (agencies) may typically be the lead
agency for the actions identified as follows:
|
Action
|
Lead Agency
| |
|---|---|---|
|
Zoning text amendment
|
Village Board
| |
|
Zoning district amendment
|
Village Board
| |
|
Special permit
|
Planning Board
| |
|
Zoning permit (if necessary)
|
Planning Board
| |
|
Variance
|
Zoning Board of Appeals
|
(2)
When a project involves two or more separate zoning
actions, the board (agency) having the final (last) approval would
typically be the lead agency. Nothing in this section shall be interpreted
to override the process for designation of lead agency status as set
forth in 8 NYCRR Part 617.
