B.
Parking lots for places of public assembly and commercial or business
uses shall require a land use and development permit for placement.
C.
When establishing measurements to meet required setbacks, measurements
shall be taken from the road right-of-way or lot line to the furthermost
protruding part of the use or structure. This shall include such projecting
facilities as porches, carports and attached garages.
D.
A land use and development permit issued under this chapter shall
expire one year from the date of issue if construction is not substantially
begun.
E.
Any use that has been discontinued for a period of 12 months or longer
shall be considered abandoned and may not be reinstituted without
applying for a new land use and development permit.
F.
Applications for land use and development permits shall be submitted
to the Code Enforcement Officer or Village Clerk and shall include
three copies of a layout or plot plan drawn to scale showing the actual
dimensions of the lot to be used, the size and location on the lot
of existing and proposed structures and accessory structures, the
distance from the building line to all lot lines, road lines, waterfront
property lines and streams and such other information as may be necessary
for the enforcement of this chapter. This information, and other relevant
application data, shall be provided on forms issued by the Village
Clerk or Code Enforcement Officer.
G.
Permit fees shall be established by resolution of the Village Board.
H.
Temporary permits may be issued by the Code Enforcement Officer,
upon approval by the Board of Appeals, for a period not exceeding
one year. Such temporary permits are conditioned upon agreement by
the owner or operator to remove any nonconforming structures or equipment
upon expiration of the temporary permit or to bring the use into compliance
by a specific time. Such permits may be renewed.
No land shall be occupied or used and no building or structure
hereafter used or changes made in the use until a certificate of occupancy
has been issued by the Code Enforcement Officer stating that the building,
structure or proposed use thereof complies with the provisions of
this chapter.
A.
This chapter shall be enforced by the Code Enforcement Officer, who
shall be appointed by the Village Board.
B.
The duties of the Code Enforcement Officer shall be to:
(1)
Approve and/or deny land use and development permits.
(3)
Approve and/or deny certificates of occupancy.
(4)
Refer appropriate matters to the Board of Appeals.
(5)
Revoke land use and development permits where there is false, misleading
or insufficient information.
(6)
Revoke land use and development permits and/or certificates of occupancy
where the applicant has varied from the terms of the application.
(7)
Investigate violations, issue stop-work orders and refer violations
to the Village Board.
(8)
Report at regular Village Board meetings the number of land use and
development permits and certificates of occupancy issued and fees
collected.
A.
Creation. A Board of Appeals is hereby created. Said Board shall
consist of five members. The Village Board shall appoint the members
of the Board of Appeals on a staggered term basis in conformance with
Village Law and shall appoint a Chairman and Vice Chairman. The Board
of Appeals shall select a Secretary and may prescribe rules for the
conduct of its affairs.
B.
Authority. The Board of Appeals shall have all of the authority as
granted by Article 7 of the Village Law and the following specific
authority with respect to this chapter:
(1)
Review and approval of variances.
(2)
Review of appeals from a decision of the Code Enforcement Officer.
(3)
To decide any question involving the interpretation of a provision
or definition contained in this chapter.
(4)
Submittal of advisory opinion to the Village Board for any proposed
amendment to this chapter.
A.
Penalties. Any person owning, controlling or managing any such building,
structure, land or premises wherein or whereon there shall be placed
on or there exists or is practiced or maintained anything or any use
in violation of any of the provisions of this chapter shall be guilty
of a violation pursuant to the Penal Law of the State of New York
and punishable by a fine not exceeding $250 or by imprisonment for
a term not exceeding 15 days or by both such fine and imprisonment.
For each twenty-four-hour period such violation continues, every such
person shall be deemed guilty of a separate offense. Where the person
committing such violation is a partnership, association or corporation,
the principal executive officer, partner, agency or manager may be
considered to be the "person" for the purpose of this section.
B.
Alternative remedy. In the case of any violation or threatened violation
of any of the provisions of this chapter or conditions imposed by
a land use and development permit, in addition to other remedies herein
provided, the Village may institute any appropriate action or proceedings
to prevent such unlawful erection, structural alteration, reconstruction,
occupancy, moving and/or use to restrain, correct or abate such violation,
to prevent the occupancy of such building, structure or land or to
prevent any illegal act, conduct, business or use in or about such
premises and to collect a penalty or fine assessed hereunder.
C.
Stop-work order.
(1)
The Village Board for the Village of Rouses Point herein grants the
Code Enforcement Officer the administrative responsibility of determining
in the first instance whether a violation has occurred and immediately
terminating said violation by posting a stop-work order on the premises
wherein the violation has occurred.
(2)
The stop-work order shall serve notice to the owner, builder, developer,
agent and/or any other individual or business on the premises that
all such actions specified on the stop-work order must be terminated
immediately.
D.
Appeal. Any person found to be in violation as described above may
appeal the notice of violation to the Board of Appeals. Such appeal
must be in writing and may be made no later than 60 days from the
date of the notice. An appeal to the Board of Appeals shall stay enforcement,
including the accumulation of fines and penalties, from the date such
appeal is filed in the office of the Board of Appeals to the date
of a determination by the Board of Appeals.
E.
Misrepresentation. Any permit or approval granted under this chapter which is based upon or is granted in reliance upon any material misrepresentation or failure to make a material fact or circumstances known, by or on behalf of an applicant, shall be void. This subsection shall not be construed to affect the remedies available to the Village under § 120-66A, B and C of this chapter.
The Village Board may amend, supplement or repeal the regulations and provisions of this chapter after public notice and public hearing. Certain amendments require referral to the Clinton County Planning Board as described in § 120-68 below.
A.
State law requires that certain variances, special use permit approvals
or zoning amendment actions be referred to the Clinton County Planning
Board for their review prior to taking final action on the matter.
Such actions are those which affect real property within 500 feet
of any of the following:
B.
If the County Planning Board does not respond within 30 days from
the time it receives a complete application, final action may be taken
on the matter without such report. The term "receives" as used in
this subsection shall mean delivery at least one week in advance of
the regularly scheduled County Planning Board meeting.
C.
In the event that the County Planning Board disapproves the proposal
or approves it subject to modifications, then the local Board may
override the county opinion only by a vote of a majority plus one
of its members.
D.
The local Board shall send a copy of its final decision to the County
Planning Board within seven days after the Board is contrary to a
County Planning Board recommendation, then the local Board shall send
a resolution fully stating the reasons for its contrary action.
