For the purpose of establishing and maintaining sound development, this chapter may be amended to correct a manifest error or to provide for regulations more appropriate to an area because of changed or changing circumstances.
A. 
All proposed amendments originating by petition, or by motion of the Village Board of Trustees, may be referred to the Planning Board for recommendations.
B. 
Whenever any amendment would change the district classification of or a regulation applying to real property in an area as described in §§ 239-l and 239-m of the General Municipal Law, said amendment shall be referred to the Madison County planning agency, which agency shall report its recommendations to the Village Board of Trustees. Failure of the county planning agency to report within 30 days may be construed to be approval.
C. 
The concurring vote of a majority plus one of the Village Board of Trustees shall be necessary to override county planning agency recommendations of modifications or disapproval.
D. 
Within 30 days after final action by the Village Board of Trustees on the recommendations of a referred matter, the Board shall file a report of the final action with the Madison County planning agency.
Before any amendment of these regulations or of district boundaries, there shall be a public hearing by the Village Board of Trustees upon notice as provided by law.
A. 
In the case of a proposed amendment of district boundaries, not less than 15 days prior to any public hearing held by the Board of Trustees pursuant to this section, a notice of the public hearing shall be sent by regular United States Mail to all owners of property, as identified on the then-current assessment roll, within 500 feet of the boundary of the property proposed to be rezoned.
B. 
Failure to mail such notice of public hearing to any or all such property owners in accordance with the requirements of this section, or an owner's failure to receive such notice of public hearing, shall not affect the validity of any zoning amendment adopted by the Board of Trustees.
A. 
After the public hearing and referral to and report by the Planning Board, and where required the Madison County planning agency, a majority vote of the members of the Village Board of Trustees shall be required to amend this chapter, except as provided in §§ 174-91 and 174-94.
B. 
Before any amendment of the regulations or district boundaries, the Village Board of Trustees shall make a determination on the environmental significance of its action in compliance with 6 NYCRR Part 617.
If a protest against a proposed amendment is presented to the Village Board of Trustees, duly signed and acknowledged by the owners of 20% or more of the land included in such proposed change or by the owners of 20% or more of the land immediately adjacent extending 100 feet therefrom or by the owners of 20% or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such amendment shall not be passed except by a 3/4 majority of the Village Board of Trustees.
In accordance with the provisions of § 7-738 of the Village Law and subject to the conditions specified therein, the Village Board of Trustees authorizes the Planning Board to modify applicable provisions of this chapter simultaneously with the approval of a subdivision plat or plan.
If any provision, sentence, clause, section or part of this chapter is for any reason found to be unconstitutional, illegal or invalid, such finding shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this chapter. It is hereby declared to be the intent of the Village of Hamilton Board of Trustees that this chapter would have been adopted had such unconstitutional, illegal or invalid provision, sentence, clause, section or part not been included herein.
[Added 5-16-2023 by L.L. No. 2-2023]
A. 
Any owner, lessee, contractor, agent or other person who uses or maintains or causes to be used or maintained, or actively participates in any use of any building or premises or any part thereof in the Village of Hamilton for any purpose other than the uses permitted therefor in this chapter or who erects, enlarges, alters or maintains or causes to be erected, enlarged, altered or maintained any building or any part thereof in the Village of Hamilton except in conformity with the provisions of this chapter or who otherwise violates or causes to be violated any provision of this chapter shall, upon conviction, be guilty of a misdemeanor subject to a fine of not exceeding $1,000 for each such violation. Each day that such violation continues shall constitute a separate and additional offense punishable by a separate fine. If more than one provision of this chapter is violated, each provision violated shall be considered a separate misdemeanor, each liable to maximum penalties as herein specified.
B. 
If any said person fails to abate any said violation of this chapter within five calendar days after written notice has been personally served upon said person or within 10 days after written notice has been sent to said person by registered mail at the person's home or business address, said person shall be subject to a civil penalty of $1,500 for each and every day that said violation continues, recoverable by suit brought by the Village and to be retained by it. This civil remedy shall be in addition to and not in lieu of any criminal prosecution and penalty.
C. 
Any violation of this chapter may also be enjoined pursuant to law.
D. 
The remedies provided for herein shall be cumulative and shall be in addition to any other remedies provided by law.