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/her by this chapter
and as reasonably may be implied therefrom. He/she 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 consent of the owner or occupant.
In the event such 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 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 Subsection A(3) of this section, in the event an emergency 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, buildings
or premises are in violation of the provisions of this chapter, he/she
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/her.
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, as well as a copy of any permit issued 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 taken
by the Zoning Enforcement Officer, including all referrals made by
him/her; all permits and certificates issued and denied; and all complaints
of violations received and all violations found by him/her, and the
action taken by him/her 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/she 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 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 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 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 § 295-15).
B.
Issuance of zoning permit. The Zoning Enforcement Officer shall issue
a zoning permit only after the site plan, if required, has been approved
by the Planning Board and all required variances and special use permits
have been obtained.
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, and special use permits. The fee 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.
Organization. The Village Board of Trustees shall appoint a five-member
Board of Appeals and shall designate the Chairperson thereof. In the
absence of a Chairperson the Board of Appeals may designate a member
to serve as Acting Chairperson. Membership and terms of office for
the Board of Appeals shall be as set forth in Village Law.
B.
Meetings, minutes and records. Meetings of the Zoning Board of Appeals
shall be open to the public to the extent provided in Article 7 of
the Public Officers Law. The Zoning Board of Appeals shall keep minutes
of its proceedings showing the vote of each member upon every question,
or, if absent or failing to vote, indicating such fact, and shall
also keep records of its examinations and other official actions.
C.
Filing requirements. Every rule, regulation, amendment or repeal
thereof, and every order, requirement, decision or determination of
the Zoning Board of Appeals shall be filed in five business days in
the office of the Village Clerk-Treasurer and shall be a public record.
D.
Hearing appeals. The Zoning Board of Appeals shall hear and decide
appeals from and review any order, requirement, decision, interpretation
or determination made by the Zoning Enforcement Officer or other administrative
official. The concurring vote of a majority of the members of the
Zoning Board of Appeals shall be necessary to reverse any order, requirement,
decision or determination of the Zoning Enforcement Officer, or to
grant a use or area variance. Such appeal may be taken by any person
aggrieved, or by an officer, department, board or bureau of the Village.
E.
Time of appeal. Such appeal shall be taken within 60 days after the
filing of any order, requirement, decision, interpretation or determination
of the Zoning Enforcement Officer by filing with said official and
with the Village Clerk-Treasurer a notice of appeal specifying the
grounds thereof and the relief sought. Such notice of appeal shall
be filed on forms available from the Zoning Enforcement Officer or
Village Clerk-Treasurer. The cost of sending or publishing any notice
relating to such appeal shall be borne by the appealing party and
shall be paid to the Village Clerk-Treasurer prior to the hearing
of such appeal.
F.
Hearing an appeal.
(1)
A public hearing shall be held by the Zoning Board of Appeals before
deciding an appeal. Such public hearing shall be advertised by publication
in a paper of general circulation within the Village of a notice of
such hearing at least five days prior to the date thereof. When required
by the provisions of § 239 of the General Municipal Law,
the Zoning Board of Appeals shall forward the application to the County
Planning Board for its review.
(2)
When considering an application for a use variance, at least 30 days
before the date of the public hearing, unless such time limit is waived
by the Planning Board, the Secretary of the Zoning Board of Appeals
shall transmit to the Planning Board a copy of the notice of hearing.
The Planning Board shall inform the Zoning Board of Appeals, in writing,
of its advisory opinion (including recommendations) prior to the hearing.
Failure of the Planning Board to inform the Zoning Board of Appeals
within the allotted time shall be deemed to signify a recommendation
for approval of the application.
(3)
The Zoning Board of Appeals shall send, by regular mail, a copy of
the notice of hearing to all owners of property situated within 200
feet of the property which is the subject of the application at least
seven days before the date of the hearing.
G.
Time of decision. The Zoning Board of Appeals shall decide upon an
appeal within 62 days after the conduct of the public hearing.
H.
Filing of decision and notice. The decision of the Zoning Board of
Appeals on an appeal shall be filed in the office of the Village Clerk-Treasurer
within five business days after the day such decision is rendered,
and a copy thereof mailed to the applicant.
I.
Compliance with State Environmental Quality Review Act (SEQRA)[1]. The Zoning Board of Appeals shall comply with the provisions
of SEQRA under Article 8 of the Environmental Conservation Law and
its implementing regulations as codified in Title 6, Part 617 of NYCRR.
The SEQRA process may extend the time limits set forth in this article,
specifically those set forth in Section 307.[2]
J.
Permitted action by the Zoning Board of Appeals.
(1)
Interpretations, requirements, decision and determinations. The Zoning
Board of Appeals may reverse or affirm, wholly or partially, or may
modify the order, requirement, decision, interpretation or determination
appealed from and shall make such order, requirement, decision, interpretation
or determinations as in its opinion ought to have been made.
(2)
Use variance.
(a)
The Zoning Board of Appeals, on appeal from the decision or
determination of the Zoning Enforcement Officer, shall have the power
to grant use variances, authorizing a use of land which otherwise
would not be allowed or would be prohibited by this chapter.
(b)
No such use variance shall be granted by the Zoning Board of
Appeals without a showing by the applicant that applicable zoning
regulations and restrictions have caused unnecessary hardship. In
order to prove such unnecessary hardship, the applicant shall demonstrate
to the Zoning Board of Appeals that:
[1]
The applicant cannot realize a reasonable return, provided that
lack of return is substantial as demonstrated by competent financial
evidence;
[2]
That the alleged hardship relating to the property in question
is unique, and does not apply to a substantial portion of the district
or neighborhood;
[3]
That the requested use variance, if granted, will not alter
the essential character of the neighborhood; and
[4]
That the alleged hardship has not been self-created.
(c)
The Zoning Board of Appeals, in the granting of use variances,
shall grant the minimum variance that it shall deem necessary and
adequate to address the unnecessary hardship proven by the applicant,
and at the same time preserve and protect the character of the neighborhood
and the health, safety and welfare of the community.
(3)
Area variances.
(a)
The Zoning Board of Appeals shall have the power, upon appeal
from a decision or determination of the Zoning Enforcement Officer,
to grant area variances from the area or dimensional requirements
of this chapter.
(b)
In making its determination, the Zoning Board of Appeals shall
take into consideration the benefit to the applicant if the variance
is granted, as weighed against the detriment to the health, safety
and welfare of the neighborhood or community by such grant. In making
such determination, the Board shall also consider:
[1]
Whether an undesirable change will be produced in the character
of the neighborhood or a detriment to nearby properties will be created
by the granting of the area variance;
[2]
Whether the benefit sought by the applicant can be achieved
by some method, feasible for the applicant to pursue, other than an
area variance;
[3]
Whether the requested area variance is substantial;
[4]
Whether the proposed variance will have an adverse effect or
impact on the physical or environmental conditions in the neighborhood
or district; and
[5]
Whether the alleged difficulty was self-created, which consideration
shall be relevant to the decision of the Zoning Board of Appeals,
but shall not necessarily preclude the granting of the area variance.
(c)
The Zoning Board of Appeals, in the granting of area variances, shall
grant the minimum variance that it shall deem necessary and adequate
and at the same time preserve and protect the character of the neighborhood
and the health, safety and welfare of the community.
(4)
Imposition of conditions. The Zoning Board of Appeals shall, in the
granting of both use variances and area variances, have the authority
to impose such reasonable conditions and restrictions as are directly
related to and incidental to the proposed use of the property. Such
conditions shall be consistent with the spirit and intent of this
chapter, and shall be imposed for the purpose of minimizing any adverse
impact such variance may have on the neighborhood or community.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
K.
Rehearing. A motion for the Zoning Board of Appeals to hold a rehearing
to review any order, decision or determination of the Board not previously
reviewed may be made by any members of the Board. A unanimous vote
of all members of the Board then present is required for such rehearing
to occur. Such rehearing is subject to the same notice provisions
as an original hearing. Upon such rehearing the Board may reverse,
modify or annul its original order, decision or determination upon
the unanimous vote of all members then present, provided the Board
finds that the rights vested in persons acting in good faith in reliance
upon the reviewed order, decision or determination will not be prejudiced
thereby.
L.
Solar access. Pursuant to Chapter 742 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 Chairman and a Deputy Chairman, all of whom shall be appointed by
the Mayor, subject to the approval of the Village Board, whose term
shall be governed by the applicable provisions of New York Village
Law. If the Mayor fails to designate a Chairman, the Planning Board
may then itself select one.
B.
Powers and duties.
(1)
Site plan review. Review of site plans, as set forth in New York State Village Law § 7-725-a and this chapter as set forth in Subsection C of this section, for any application for a zoning permit other than those for single-family dwellings and their accessory uses and/or buildings, or for the installation of projecting horizontal features and signs to an existing commercial building or structure in the Commercial (C-2) District that conform to the rules and regulations set forth in this chapter.
(2)
Special use permits. Granting of special use permits based upon the criteria set forth in Subsection F of this section.
(3)
Review use variances. Review use variance applications referred to the Planning Board as set forth in § 295-14 and make a recommendation to the Zoning Board of Appeals.
(4)
Temporary uses and structures. Grant permits for temporary uses and
structures.
(a)
The Planning Board may direct the Zoning Enforcement Officer
to issue a temporary use permit for a period of time not exceeding
12 months for incidental nonconforming uses and structures as follows:
(b)
Temporary use permits shall be conditioned upon an agreement
by the applicant to remove the use upon expiration of the permit.
(c)
Temporary use permits may be reissued only once for an additional
consecutive period not exceeding six months.
C.
Site plan review. The Planning Board, at a regular or special meeting,
shall review and approve, approve with modification, or disapprove
a site plan in connection with any application for a zoning permit
other than those for single-family dwellings and their accessory uses
and/or buildings, or for the installation of projecting horizontal
features and signs to an existing building or structure in the Commercial
(C-2) District that conform to the rules and regulations set forth
in this chapter.
(1)
Notice and public hearing. The Planning Board may at its discretion
hold a public hearing as part of the site plan review process. When
a public hearing is held as part of the site plan review, the public
hearing shall be held at a time fixed within 62 days from the date
of the application for site plan review and public notice thereof
shall be published in a newspaper of general circulation in the Village
at least five days prior to the date of the hearing. The Planning
Board shall mail a notice of the hearing to the applicant at least
10 days before such hearing and also send, by regular mail, a copy
of the notice of hearing to all owners of property situated within
200 feet of the property affected at least 10 days before the date
of the hearing. When necessary under §§ 239-l and 239-m
of the General Municipal Law, the Planning Board shall forward the
site plan to the Genesee County Planning Board for its review prior
to taking any final action. Where necessary, the Planning Board will
give notice to any adjacent municipality pursuant to the provisions
of General Municipal Law § 239-nn.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Submission of site plan and data. The developer shall submit to the
Village Clerk-Treasurer 10 copies of a site plan and supporting data
in a form satisfactory to the Planning Board, including, but not limited
to, the following information presented in graphic form and accompanied
by a written text.
(a)
Survey of property showing existing features, including contours,
utility easements, large trees, buildings, uses, structures, streets,
rights-of-way, zoning and ownership of surrounding property.
(b)
Layout sketch showing proposed lots, blocks, building locations
and land use area.
(c)
Traffic circulation, parking and loading spaces, and pedestrian
walks.
(d)
Landscaping plans including site grading, landscape design,
open space and buffer zone.
(e)
Preliminary architectural drawings for buildings to be constructed,
floor plans, exterior elevations and sections.
(f)
Preliminary engineering plans, street improvements, storm drainage,
water supply and sanitary sewer facilities and fire protection.
(g)
Engineering feasibility study of any anticipated problem which
may arise from the proposed development, as required by the Planning
Board.
(h)
Construction sequence and time schedule for completion of each
phase for buildings, parking and landscaped areas.
(i)
Description of proposed uses, anticipated hours of operation,
expected number of employees, and anticipated volume of traffic generated.
(j)
Together with any other information requested by the Planning
Board.
(3)
Site plan review criteria. The Village Planning Board shall review
the site plan and supporting data before approval, approval with modifications,
or disapproval of such site plan, taking into consideration the following:
(a)
Harmonious relationship between proposed uses and existing adjacent
uses.
(b)
Maximum safety of vehicular circulation between the site and
street including emergency vehicle access.
(c)
Adequacy of interior circulation, parking and loading facilities
with particular attention to pedestrian safety and emergency vehicle
access.
(d)
Adequacy of landscaping and setbacks to achieve compatibility
with, and protection of, adjacent residential uses.
(e)
Adequacy of municipal facilities to serve the proposal including
streets, water supply and wastewater treatment systems, stormwater
control systems, and fire protection.
(4)
Area variances. Notwithstanding any provisions of law to the contrary,
where a proposed site plan contains one or more features which do
not comply with the zoning regulations, application may be made to
the Zoning Board of Appeals for an area variance pursuant to New York
State Village Law § 7-712-b, without the necessity of a
decision or determination of an administrative official charged with
the enforcement of the zoning regulations.
(5)
Modifications and conditions.
(a)
The Planning Board may require changes or additions in relation
to yards, driveways, landscaping, buffer zones, etc., to insure safety,
to minimize traffic difficulties and to safeguard adjacent properties.
Should changes or additional facilities be required by the Planning
Board, final approval of site plan shall be conditional upon satisfactory
compliance by applicant in making the changes or additions.
(b)
The Planning Board shall have the authority to impose such reasonable
conditions and restrictions as are directly related to and incidental
to a proposed site plan. Upon its approval of said site plan, any
such conditions must be met in connection with the issuance of permits
by applicable enforcement agents or officers of the Village.
(6)
Performance bond or letter of credit as a condition of site plan
approval. The Planning Board may require as a condition of site plan
approval that the applicant file a performance bond or letter of credit
in such amount as the Planning Board determines to be in the public
interest to insure that proposed development will be built in compliance
with accepted plans. Any such bond must be in a form acceptable to
the Village Attorney for an amount approved by the Village Board.
(7)
Performance standards. In all districts, uses are not permitted which
violate applicable county, state and/or federal codes and regulations
pertaining to environmental issues. The Planning Board, under its
powers of site plan review and approval, may in its discretion reject
any uses if it determines that insufficient evidence has been submitted
to show compliance with these environmental standards. However, final
responsibility for compliance with all environmental laws and regulations
lies with the applicant.
(8)
Decision. The Planning Board shall decide any matter referred to
it under this subsection within 62 days after the first regular monthly
meeting of the Planning Board at least 10 days prior to which the
site plan and all supporting data required by this article are submitted
to the Village Clerk-Treasurer. Such time may be extended by mutual
consent of the Planning Board and the developer. Prior to rendering
its decision the Board shall first complete the SEQR process. In those
instances where, due to the location of the affected property, a variance
request is subject to review under General Municipal Law § 239-m,
a majority plus one vote of the entire Planning Board is necessary
to override a County Planning Board recommendation of disapproval
or approval with modification. The decision of the Planning Board
shall be filed in the office of the Village Clerk-Treasurer within
five working days and a copy mailed to the applicant by regular mail.
(9)
Changes and revisions. Any applicant wishing to make changes in an
approved site plan shall submit a revised site plan to the Planning
Board for review and approval.
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 location
of all buildings, parking, access and circulation, open space, landscaping
and other information necessary to determine that the proposed special
use complies with the intent of this chapter.
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 Planning 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 Planning 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 Planning Board in issuing such special use permit.
Violation of said conditions shall require a review of the permit
by the Planning Board which shall have the discretion to revoke said
special use permit.
F.
Standards applicable for all special use permits. The Planning Board
may issue a special use permit only after it has found that all the
following standards and conditions have been satisfied.
(1)
The location and size of the use and all structures, the nature and
intensity of the operations involved, the size of the site in relation
to the use, and the location of the site with respect to streets giving
access are such that the use will be in harmony with the orderly development
of the district.
(2)
The 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.
(3)
The operations of any special use shall not be more objectionable
to nearby properties than would be operations of any permitted use.
(4)
No radio or television antenna or tower, water or cooling tower,
oil or gas holder, elevator bulkhead, or similar structure may be
erected in excess of district height limits unless an area variance
has been issued therefor.
(5)
No special use permit shall be issued for a use on a property where
there is an existing violation of this chapter.
[Amended 11-9-2015 by L.L. No. 3-2015]
Any violation of this chapter is hereby declared to be an offense
punishable by a fine not exceeding $350 or imprisonment not to exceed
15 days, or both for a conviction of a first offense; for conviction
of a second offense, both of which were committed within a period
of five years, punishable by a fine not less than $350 not more than
$700 or imprisonment not to exceed 15 days, or both; and upon conviction
for a third or subsequent offense, all of which were committed within
a period of five years, punishable by a fine not less than $700 nor
more than $1,000 or imprisonment for a period not to exceed 15 days,
or both. However, for the purpose of conferring jurisdiction upon
courts and judicial officers generally, violations of this chapter
shall be deemed misdemeanors and for such purposes only all provisions
of law relating to misdemeanors shall apply to such violations. Each
week's continued violation shall constitute a separate additional
violation.
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/she
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 protest against such change signed by the owners of
20% or more, 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
chapter, or of any local 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)[1] requires that local governments examine the environmental
impact of all actions they permit, fund, or construct. Article 6 and
Part 617 of Title 6 of the New York Code of Rules and Regulations
(6 NYCRR Part 617) sets forth the SEQR regulations in detail and should
be reviewed for compliance prior to undertaking any of the above-mentioned
activities.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
B.
As set forth in 6 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 on the following page:
C.
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
6 NYCRR Part 617.
