In applying and interpreting this chapter, its provisions shall be held to be minimum requirements adopted for the promotion of the public health, safety, morals, comfort, convenience or the general welfare. The following specific regulations shall apply:
A. 
A minimum required lot or yard size for one building or structure shall not be used in whole or in part as any part of a required lot or yard for a second structure.
B. 
The required lot or yard for an existing building or structure shall not be diminished below the minimum requirements of this chapter.
C. 
The parking spaces required for one building or structure or use shall not be included in the computation of required parking spaces for a second building or structure or use.
A. 
Nothing contained in this chapter shall be taken to repeal, abrogate, annul or in any way impair or interfere with the building code or any rules or regulations adopted or issued thereunder or any other provisions of law or ordinance or regulations, existing or as may be adopted in the future, when not in conflict with any of the provisions of this chapter; nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that when this chapter imposes a greater restriction upon the use of buildings, structures, premises, lots or land or upon the height of buildings or structures or requires larger lots, yards, courts or other open spaces than imposed or required by such other provision of law, ordinance or regulation or by such easements, covenants or agreements, the provisions of this chapter shall control.[1]
[1]
Editor's Note: See Ch. 63, Building Construction and Fire Prevention.
B. 
Whenever the provisions of any other law or ordinance or regulations impose a greater restriction than this chapter, the provisions of such other law or ordinance or regulations shall control.
C. 
No provision contained in this chapter shall be construed as justifying the encroachment of any building or structure within any street lines now or hereafter laid down on any subdivision plat filed in the office of the County Clerk or within any federal, state, county or municipal street or highway.
A. 
It shall be the duty of the Code Enforcement Officer to administer and enforce the provisions of this chapter.
B. 
Should said Code Enforcement Officer be in doubt as to the meaning or intent of any provision of this chapter or as to the location of any district boundary line on the Zoning Map or as to the propriety of issuing a building permit or a certificate of occupancy in a particular case related to the provisions of this chapter, he or she shall appeal the matter to the Board of Appeals for interpretation and decision.[1]
[1]
Editor's Note: The Zoning Map is on file in the Village Clerk's office.
C. 
The Code Enforcement Officer shall adopt rules of procedure, consistent with this chapter, for the purpose of ensuring efficient and uniform administration of its provisions.
D. 
If the Code Enforcement Officer should mistakenly issue a building permit that violates the provisions of this chapter, said building permit shall be invalid.
A. 
All procedure with respect to applications for and issuance of building permits shall be in conformity with the provisions of the building code. All such applications shall be accompanied by such other information as may be necessary to determine and provide for the enforcement of this chapter.[1]
[1]
Editor's Note: See Ch. 63, Building Construction and Fire Prevention.
B. 
Building permits are required for all erection, construction, reconstruction, structural alteration, restoration, repair, moving of any building or structure or part thereof, accessory buildings or structures, special uses, and variances (granted).
C. 
No building permit shall be issued for the erection, construction, reconstruction, structural alteration, restoration, repair or moving of any building or structure or part thereof, unless the plans and intended use indicate that such building or structure is designed and intended to conform in all respects to the provisions of this chapter.
D. 
Where a lot is formed from part of an existing lot, whether already improved or not, the separation must be effected in such a manner that neither of the lots nor any existing or proposed improvements thereon contravene the provisions or intent of this chapter.
E. 
After completion of footings and establishing of the forms on the first course of the foundation walls or equivalent structure, the owner shall notify the Code Enforcement Officer. If required by the Code Enforcement Officer, the owner shall cause a survey to be made by a licensed land surveyor, showing the true location of such foundation walls with respect to the lot lines of the lot, and a copy of such survey shall be filed with the Code Enforcement Officer before construction is continued.
A. 
Public hearings.
(1) 
Parties in interest and citizens must be given an opportunity to appear and be heard at required public hearings, subject to reasonable rules of procedure.
(2) 
A public hearing for which proper notice was given may be continued to a later date without providing additional notice as long as the continuance is set for a specified date and time and that date and time is announced at the time of the continuance.
(3) 
If a public hearing is tabled, deferred or postponed for an indefinite period of time from the date of the originally scheduled public hearing, new public notice must be given before the rescheduled public hearing. If the applicant requests a postponement, the applicant must pay all costs of renotification.
B. 
Newspaper notice. Whenever required by New York State Municipal Law that a newspaper notice be provided, the notice must be published at least 10 days in advance of the related meeting or hearing in a newspaper of general circulation within the Village.
C. 
Mailed notice.
(1) 
Whenever required by New York State Municipal Law that notices be mailed, the notices must be sent by United States Postal Service first class mail at least 10 days in advance of the related meeting or hearing.
(2) 
Addresses must be based on the latest property ownership information available from the real property assessment records. When required notices have been properly addressed and deposited in the United States mail, failure of a party to receive such notice will not be grounds to invalidate any action taken.
(3) 
All owners of property within 200 feet of the nearest line of the property identified by the property for which a public hearing is required shall be notified via mailed notice.
D. 
Posted notice. Whenever required by New York State Municipal Law that posted notice be provided, at least one notice sign must be posted on each public street frontage abutting the subject property in a location plainly visible to passersby at least 10 days in advance of such hearing.
E. 
Content of notice. All required public hearing notices must:
(1) 
Indicate the date, time, and place of the public hearing or date of action that is the subject of the notice;
(2) 
Describe any property involved in the application by street address or by general description;
(3) 
Describe the general nature, scope, and purpose of the application or proposal; and
(4) 
Indicate where additional information on the matter can be obtained.
F. 
Interval of hearings. Whenever the Board of Appeals, after hearing all the evidence presented upon an application or appeal under the provisions of this chapter, denies the same, the Board of Appeals shall refuse to hold further hearings on the same or a substantially similar application or appeal by the same applicant, his successor or assign for a period of one year, except and unless the Board of Appeals shall find and determine from the information supplied by the request for a rehearing that changed conditions have occurred relating to the promotion of the public health, safety, convenience, comfort, prosperity and general welfare and that a reconsideration is justified. Such rehearing would be allowable only upon a motion initiated by a member of the Board of Appeals and adopted by the unanimous vote of the members present, but not less than a majority of all members.
The following site plan review provisions are intended to secure compliance with the requirements and standards set forth in this chapter and with accepted professional design practice for such site improvements as grading, drainage, sidewalks, curbs, parking, landscaping, fences and driveways.
A. 
Application procedures. An application for a building permit for any land use or activity requiring site plan review and approval shall be made in accordance with the following:
(1) 
Applications shall include at least five copies of required materials and/or maps as well as one electronic version of all materials and/or maps, unless otherwise waived by the Planning Board.
(2) 
Applications must be submitted at least 15 days prior to any scheduled Planning Board meeting in order to be placed on the agenda of said meeting.
(3) 
The Code Enforcement Officer shall forward one copy each of the site plan to the Chairperson of the Planning Board and to the Municipal Engineer, if available.
(4) 
The Planning Board shall act upon the proposed site plan within 62 days of its complete submission with required fees.
(5) 
The Planning Board may render a decision for the approval, approval with conditions, or disapproval of the proposed site plan.
(6) 
No building permit may be issued until the Planning Board approves the site plan.
(7) 
In the case of special use or variance applications, the site plan shall be the subject of a preliminary review, in accordance with the above procedure, before action is taken by the Planning Board or Board of Appeals, respectively.
(8) 
Building permits for special uses or variances shall be in accordance with the conditions established by the Planning Board or Board of Appeals, respectively.
(9) 
When an applicant for such a building permit for a special use questions the interpretation of the site plan requirements or decision of the Planning Board, he or she may appeal the decision to the Board of Appeals.
B. 
Application requirements. All applications for site plan review shall be made by the owner or the owner's agent and filed with the Village Office. No application shall be accepted, considered or scheduled for public hearing until all required materials and fees have been submitted in the correct number and form. The application shall include, as applicable, the following information prepared by a licensed engineer, architect, landscape architect or surveyor:
(1) 
Location name and address of owner, name of designer (if any) of the proposed development.
(2) 
Identification map showing the location of the site within the Village.
(3) 
Scale, North arrow, and date.
(4) 
Present zoning district in which the site is located.
(5) 
Location of the site in relation to all abutting properties and streets, and showing existing property lines, rights-of-way, and easements.
(6) 
Existing and proposed building structures and land uses.
(7) 
A proposed layout of streets and other vehicular circulation facilities, including the location and width of driveways and type of curbing on site, loading and maneuvering areas, and ingress and egress to existing and prospective streets and highways.
(8) 
Projected number of seating or employees, if needed, to determine the number of parking spaces.
(9) 
Any wetlands and/or floodable area included in the one-hundred-year floodplain.
(10) 
A topographic survey extending 50 feet beyond the property line may be required.
(11) 
A storm drainage and grading plan showing the collection and disposal of stormwaters or, if applicable, a stormwater pollution prevention plan.
(12) 
A plan showing proposed utilities and, if required, easements. If a private sewerage system is used, plans for the system shall bear the stamped approval of the Ontario County Department of Health.
(13) 
Existing major vegetation (trees and shrubs) and proposed landscaping treatment, including species, location, and planting size and full-growth size.
(14) 
Drawings or sketches that illustrate the height, bulk, and design characteristics of the proposed building, and indicate major materials to be used.
(15) 
Location and type of exterior lighting, and location and dimension of exterior signs, including ground and wall signs.
(16) 
Projected number of seating or employees, if needed, to determine the number of parking spaces.
(17) 
Application form, project narrative, and SEQR documentation.
C. 
Waiving requirements. The Planning Board may waive any of the previously listed requirements with the determination that they are unnecessary for a complete assessment of the project.
D. 
Additional requirements. The Planning Board may also require additional information beyond the previously listed requirement be presented in graphic form, and accompanied by a written text, and/or prepared by a licensed professional if such additional materials are deemed necessary for a complete assessment of the project.
E. 
Site plan review criteria. The Planning Board or Board of Appeals, respectively, shall review the site plan and supporting data before approval, approval with conditions, or disapproval of such site plan, taking into consideration the following:
(1) 
Adequacy and arrangement of vehicular traffic and circulation, including intersections, road widths, channelization structures and traffic controls.
(2) 
Adequacy and arrangement of pedestrian traffic access and circulation, including separation of pedestrians from vehicular traffic, walkway structures, control of intersections with vehicular traffic and pedestrian convenience.
(3) 
Relationship of proposed uses to existing adjacent uses, including, but not limited to, landscape transitions, buffering, and harmony of uses.
(4) 
Adequacy of landscaping and site treatment, including, but not limited to, plant types and sizes, hardscape elements, lighting, setbacks, protection of adjacent residential uses.
(5) 
Relationship of proposed buildings to the site, including, but not limited to, building placement, access, pedestrian movement, parking, and building scale.
(6) 
Appropriateness of building design, including, but not limited to, design quality and relationship to surrounding building scale, style, materials, and sight lines.
(7) 
Location, arrangement, size, design and general site compatibility of lighting and signs.
(8) 
Adequacy of interior circulation for emergency vehicle access.
(9) 
Adequacy of water supply, stormwater, and sanitary waste disposal facilities.
(10) 
Conformance with this chapter and the Village's Comprehensive Plan.
F. 
Professional services. The Planning Board and Board of Appeals, respectively, reserve the right to utilize the professional services of an individual or firm to assist in their review of a site plan application. The applicant shall reimburse the Village for all reasonable and necessary expenses for engineering, legal, architectural, planning, and other professional services incurred by the Village in connection with the review and consideration of their site plan application for approval.
G. 
Fees. Upon filing an application for site plan review, all applicable fees shall be paid.
H. 
Environmental assessment. The environmental assessment shall be in accordance with the State Environmental Quality Review Act (SEQRA).
I. 
Referral to county. Where required by § 239-n of the General Municipal Law, the site plan application shall be forwarded to the County Planning Board for its review.
J. 
Site plan termination. Site plan approval shall be valid for a period of five years from the date thereof for the purpose of obtaining building permits. Failure to secure, without subsequent revocation or termination, a building permit during this period, or revocation or termination of a building permit subsequent to this period, shall cause the site plan approval to become null and void.
K. 
Preapplication conference. Applicants are encouraged to schedule a preapplication conference prior to submitting a site plan review application in order to receive a conceptual review by the Village Office and/or the Planning Board. The purpose of the preapplication conference is to provide the applicant with the opportunity to seek nonbinding, advisory direction from the Village in order to better prepare the applicant and project application for the site plan review process. Materials presented during the preapplication conference may be incomplete and/or conceptual in design; however, site plan review materials submitted as part of the formal application are still subject to the requirements of this article.
A. 
Nothing in this chapter shall require any change in the plans, construction or designated use of a building or structure for which a lawful building permit has been issued prior to the effective date of this chapter or any amendment thereto affecting such building or structure or the use thereof, provided that:
(1) 
The construction of such building or structure shall have been begun and diligently prosecuted within three months from the date of such permit.
(2) 
The entire building or structure shall be completed, according to such filed and approved plans upon which the issuance of such permit was based, within one year from the effective date of the permit.
B. 
In the event that either Subsection A(1) or (2) is not complied with, such building permit shall be revoked by the Code Enforcement Officer.
A. 
It shall be unlawful to use or to permit the use of any building, structure, premises, lot or land or part thereof hereafter erected or altered, enlarged or moved or put into use, in whole or in part, after the effective date of this chapter or of any building, structure, premises, lot or land or part thereof of which the use is changed until a certificate of occupancy has been obtained by the owner as provided for under the building code.[1]
[1]
Editor's Note: See Ch. 63, Building Construction and Fire Prevention.
B. 
No certificate of occupancy shall be issued for any building, structure, premises, lot or land unless the erection, construction, reconstruction, structural alteration, restoration, repair or moving of such building or structure or part thereof and the intended use thereof are in conformity in respects with the provisions of this chapter.
C. 
The Code Enforcement Officer shall obtain a written order from the Planning Board before issuing a certificate of occupancy in a case involving a special use pursuant to Article IX and shall obtain a written order from the Board of Appeals before issuing a certificate of occupancy involving a variance from the provisions of this chapter pursuant to Article X.
Fees for building permit applications and for issuance of building permits and certificates of occupancy shall be as provided in the building code.[1]
[1]
Editor's Note: See Ch. 63, Building Construction and Fire Prevention.
A. 
Where a violation of this chapter is determined to exist, the Code Enforcement Officer shall serve notice by certified mail, return receipt requested, on the owner, agent or contractor of the building, structure or lot where such violation has been committed or shall exist; and on the lessee or tenant of the part of or of the entire building, structure or lot where such violation has been committed or shall exist; and on the agent, architect, contractor or any other such person who takes part or assists in such violation or who maintains any building, structure or lot in which any such violation shall exist.
B. 
Such notice shall require the removal of the violation within 10 days after service of the notice.
C. 
In cases where the removal of the violation within 10 days would be manifestly impossible, the Code Enforcement Officer shall apply to the governing body of the municipality for a determination as to a reasonable period of time within which such violation shall be removed.
D. 
If those persons notified shall fail to remove such violation within the allotted time period, the Code Enforcement Officer shall charge them with such violation of this chapter before the appropriate court of law.
A. 
Persons found guilty of a violation of this chapter shall be punishable as set forth in Chapter 1, General Provisions, Article III, General Penalty.
B. 
In addition to other remedies provided by law, an appropriate action or proceeding, whether by legal process or otherwise, may be instituted or taken to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, moving, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of such building, structure or lot; or to prevent any illegal act, conduct, business or use in or about such premises.