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.
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.
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.