It shall be the duty of the Building Inspector of the Village, and he is hereby given the power and authority, to enforce the provisions of this chapter.
[1]
Editor's Note: Building permit provisions which followed this section when Ordinance No. 1 was originally adopted may now be found in Chapter 72, Building Construction, Article III.
The Board of Appeals shall consist of five members and shall be appointed as provided by statute and shall have such powers and duties as provided in the laws of the State of New York.
[1]
Editor's Note: See also Ch. 52, Zoning Board, Art. I.
The Board of Appeals may adopt, from time to time, such rules and regulations as it may deem necessary as provided in the Village Law of the State of New York.
The Board of Appeals, in addition to its powers and duties provided in the laws of the State of New York, shall have the powers, to the extent hereinafter set forth, after public notice and hearing and subject to appropriate conditions and safeguards, to determine and vary the application of the regulations established in harmony with the purposes enumerated in the Village Law and the general purpose and intent of the regulations as follows:
A. 
Variance powers (matters of appeal to the Board of Appeals). Where there are practical difficulties or necessary hardships in the way of carrying out the strict letter of these regulations, the Board of Appeals shall have the power to vary or modify the applications of such regulations so that the spirit of the chapter shall be observed, public safety and welfare secured and substantial justice done.
B. 
Before approval to permit any trade, industry or use under § 210-26 of Article IV, the Board of Appeals shall determine:
(1) 
That the use will not prevent the orderly and reasonable use of adjacent properties or to properties in adjacent use districts.
(2) 
That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts.
(3) 
That the safety, the health, the welfare, the comfort, the convenience or the order of the Village will not be adversely affected by the proposed use and its location.
(4) 
That the use will be in harmony with and promote the general purpose and intent of the chapter.
C. 
The Board of Appeals shall, in authorizing such permissive uses, impose such conditions and safeguards as it may deem appropriate, necessary or desirable to preserve and protect the spirit and objectives of this chapter.
D. 
The Board of Appeals may grant temporary permits of limited duration for nonconforming uses and buildings.
E. 
The Board of Appeals may determine and establish the true location of boundaries in any disputed case.
F. 
The Board of Appeals may permit the extension of a nonconforming building or use upon the lot occupied by such building or use.
[Amended 4-1-1993 by L.L. No. 1-1993; 11-3-2022 by L.L. No. 2-2022]
After the Board of Appeals shall have granted a zoning variance, or a special exception permit or a special use permit pursuant to this chapter, such zoning variance, special exception permit or special use permit shall lapse, and become null, void and of no further force or effect unless:
A. 
Within six months of the date on which a copy of the decision of the Board of Appeals granting such zoning variance, special exception permit or special use permit is filed with the Village Administrator, a building permit shall have been issued with respect to the work authorized thereby, if applicable, or the special exception permit or special use permit, as applicable, is issued; and
B. 
Within six months after the issuance of the applicable permit, as described in the preceding clause, is issued, the special exception use or special use so permitted is commenced, or the erection or construction of the principal building or structure authorized to be erected or constructed under such zoning variance, special exception permit or special use permit is commenced; provided, however, that excavation for a building foundation without more shall not be deemed commencement of such erection or construction within the meaning of this section; and
C. 
Within two years after the issuance of the applicable permit, the erection or construction of the principal building or structure authorized to be erected or constructed under such zoning variance, special exception permit or special use permit is completed and a certificate of occupancy or completion with respect thereto has been issued.
The Board of Trustees may, from time to time, amend, supplement, change, modify or repeal the regulations and districts herein established by proceeding for such purpose and giving hearing and notice thereof, according to the provisions of the Village Law.
If any area is hereafter transferred to another district by a change in district boundaries by an amendment, as above provided, the provisions of this chapter in regard to buildings or premises existing at the time of the passage of this chapter shall apply to buildings or premises existing at the time of the passage of such amendment in such transferred area.
The provisions of this chapter shall be construed to be the minimum requirements adopted for the promotion of public health, safety, comfort, convenience and general welfare.
[Amended 4-2-1998 by L.L. No. 6-1998]
A. 
For any and every violation of the provisions of this chapter, the owner, general agent or contractor of a building or premises where such violations have been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violations have been committed or shall exist, or the owner, general agent, contractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist, and the general agent, architect, builder, contractor or any other person who knowingly commits, takes part in or assists in any such violation or who maintains a building or premises in which any violation shall exist shall be guilty of an offense punishable by a fine not exceeding $750 or imprisonment for a period not to exceed six months, or both. Each week's continued violation shall constitute a separate violation.
B. 
Fine for repeat offender violations: not to exceed $1,500 in the discretion of the court.
This chapter shall not affect pending actions or proceedings, civil or criminal, brought by the Village, but the same may be prosecuted in the same manner and with the same effect as if this chapter had not been added. A rule, regulation, order, permit or license of the Village or any officer or employee thereof in force when this chapter takes effect shall continue in force until such rule, regulation, order, permit or license is amended, repealed, revoked or terminated.