A. 
This chapter shall be administered and enforced by the Code Enforcement Officer (CEO), or as otherwise specifically designated herein.
B. 
It shall be the duty of the CEO to secure the enforcement of this chapter, subject to the rules, laws, regulations and local laws of the Village of East Aurora. Such duties include, but are not limited to:
(1) 
Determining completeness of applications as outlined in Article 50 of this chapter;
(2) 
Issuing all permits or certificates required by this chapter. No building permit or certificate of occupancy shall be granted by for any purpose except in compliance with the provisions of this chapter;
(3) 
Issuing a written notice of violation to any person, firm or corporation violating any provisions of this chapter;
(4) 
Keeping all records of applications, permits or certificates issued or variances granted, inspections made, reports rendered and notices or orders issued;
(5) 
Making all inspections as required by this chapter, the Village Board, and New York State Village Law; and
(6) 
Performing all other duties as provided in this chapter and/or New York State Village Law.
A. 
Establishment. The establishment of the Village of East Aurora Board of Trustees is provided for in Chapter 5 of the Village Code. Where noted in this chapter, the Village Board shall have full authority to administer and enforce this chapter.
B. 
Conduct. As administrators and enforcers of this chapter, the Village Board is hereby entitled to the following methods of conduct:
(1) 
The Village Board may adopt rules for the conduct of its business consistent with statute and this chapter.
(2) 
The Village Board may appoint clerks or other employees serving at its pleasure. The Village Board may also appoint clerks or other employees to serve at the pleasure of the Planning Commission or Zoning Board of Appeals.
(3) 
The Village Board may seek recommendations from other boards, commissions, agencies, or professionals as it deems appropriate.
(4) 
Hearings shall be public, and decisions shall be voted upon at public sessions. The Village Board may otherwise hold executive sessions in accordance with the New York State Open Meetings Law.
C. 
Minutes. The Village Clerk, or the Village Clerk's designee, shall keep minutes of all proceedings before the Village Board.
D. 
Powers and duties. The Village Board's powers and duties with respect to this chapter shall include final authority on the following:
(1) 
Amendments to the Zoning Map (rezoning);
(2) 
Amendments to the text of this chapter;
(3) 
Site plan review;
(4) 
Special use permits; and
(5) 
Subdivision review.
A. 
Establishment. Per § 7-718 of New York State Village Law, the Planning Commission previously established under local law and still in existence at the time of this chapter's enactment shall hereby be continued and is so appointed to have the powers and duties provided a Planning Board in New York State Village Law.
B. 
Membership, terms, and appointments.
(1) 
The Planning Commission shall consist of seven members appointed by the Village Board, of which one shall be appointed to serve as the Planning Commission Chairperson.
(2) 
Planning Commission members may include Village of East Aurora residents, property owners, or business owners.
(3) 
The terms of the members of the Planning Commission shall be three years each with rolling terms.
(4) 
The Village Board may appoint additional clerks or other employees serving at its pleasure to assist the Planning Commission.
C. 
Vacancy. If a vacancy occurs other than by expiration of term, the Village Board shall appoint a new member for the unexpired term.
D. 
Alternate members. The position of alternate Planning Commission member is hereby created for purposes of substituting for members in the event that a Planning Commission member is unable to serve because of a conflict of interest or for any other reason.
(1) 
Such alternate Planning Commission members shall be appointed by resolution of the Village Board, for terms established by the Village Board.
(2) 
The Planning Commission Chairperson may designate an alternate member to substitute for a Planning Commission member when such member is unable to participate due to a conflict of interest or is otherwise unavailable to participate on an application or matter before the Commission, provided that the Village Board has appointed such alternate member to the position of alternate member.
(3) 
When so designated, such alternate member shall have all the powers and responsibilities of such member of the Board. Such designation shall be entered into the minutes of the initial Planning Commission meeting at which the designation occurred.
(4) 
All other provisions of law relating to Planning Commission member training, and continuing education, attendance, conflict of interest, compensation, eligibility, vacancy in office, removal and service on other boards shall also apply to alternate members.
E. 
Member training. Planning Commission members are required to meet the minimum training requirements each year set forth by New York State Village Law.
F. 
Compensation. Planning Commission members shall serve without compensation.
G. 
Conduct.
(1) 
The Planning Commission may adopt rules for the conduct of its business consistent with statute and this chapter.
(2) 
In the absence of a Chairperson, the Planning Commission may designate a member to serve as acting Chairperson.
(3) 
The Chairperson of the Planning Commission, or in the Chairperson's absence the acting Chairperson, may administer oaths and compel the attendance of witnesses in the manner and to the extent permitted by New York State Village Law and the Civil Practice Law and Rules.
(4) 
The Planning Commission may seek recommendations from Village departments, other boards, and other agencies, as it deems appropriate.
(5) 
Hearings shall be public, and decisions shall be voted upon at public sessions. The Planning Commission may otherwise hold executive sessions in accordance with the New York State Open Meetings Law.
(6) 
The Planning Commission may provide for compensation to be paid to experts, clerks, and a secretary and provide for such other expenses as may be necessary and proper, not exceeding the appropriation made by the Village Board for such purpose.
H. 
Minutes. The Village Clerk, or the Village Clerk's designee, shall keep minutes of all proceedings before the Planning Commission.
I. 
Removal. The Village Board shall have the power to remove, after public hearing, any member of the Planning Commission for cause. Any Planning Commission member may be removed for noncompliance with minimum requirements relating to meeting attendance and training as established by local law and New York State Village Law.
J. 
Power and duties. Pursuant to this article and New York State Village Law, the Planning Commission is hereby authorized and empowered with review and advisory authority as follows:
(1) 
Amendments to the Zoning Map (rezoning);
(2) 
Amendments to the text of this chapter;
(3) 
Site plan review;
(4) 
Special use permits;
(5) 
Subdivision review.
K. 
Additional powers. The Planning Commission may exercise additional powers as directed by the Village Board and as may be described elsewhere in this chapter and as permitted by New York State Village Law.
A. 
Establishment.
(1) 
The Zoning Board of Appeals (ZBA) is established under the provisions of New York State Village Law and by this article.
(2) 
The ZBA as constituted on the effective date of this chapter is hereby continued.
B. 
Membership.
(1) 
The ZBA shall consist of five members appointed by the Mayor, subject to approval of the Village Board. The Mayor, subject to approval of the Village Board, shall appoint one ZBA member as the Chairperson.
[Amended 5-4-2020 by L.L. No. 2-2020]
(2) 
Members of the ZBA shall be appointed for a five-year term.
(3) 
No person who is a member of the Village Board shall be eligible for membership on such ZBA.
(4) 
In making such appointment, the Village Board may require ZBA members to complete training and continuing education courses in accordance with any local or state requirements for the training of such members.
C. 
Vacancy. If a vacancy occurs other than by expiration of term, the Mayor shall appoint a new member for the unexpired term.
[Amended 5-4-2020 by L.L. No. 2-2020]
D. 
Alternate members. The position of alternate ZBA member is hereby created for purposes of substituting for members in the event that a ZBA member is unable to serve because of a conflict of interest or for any other reason.
(1) 
Such alternate ZBA members shall be appointed by the Mayor, subject to approval of the Board of Trustees, for terms established by the Village Board.
[Amended 5-4-2020 by L.L. No. 2-2020]
(2) 
The ZBA Chairperson may designate an alternate member to substitute for a ZBA member when such member is unable to participate due to a conflict of interest or is otherwise unavailable to participate on an application or matter before the Commission, provided that the Village Board has appointed such alternate member to the position of alternate member.
(3) 
When so designated, such alternate member shall have all the powers and responsibilities of such member of the Board. Such designation shall be entered into the minutes of the initial ZBA meeting at which the designation occurred.
(4) 
All other provisions of law relating to ZBA member training, and continuing education, attendance, conflict of interest, compensation, eligibility, vacancy in office, removal and service on other boards shall also apply to alternate members.
E. 
Member training. ZBA members are required to meet the minimum training requirements each year set forth by New York State Village Law.
F. 
Conduct.
(1) 
The ZBA may adopt rules for the conduct of its business consistent with statute and this chapter.
(2) 
In the absence of a Chairperson, the ZBA may designate a member to serve as acting Chairperson.
(3) 
The Chairperson of the ZBA, or in the Chairperson's absence the acting Chairperson, may administer oaths and compel the attendance of witnesses in the manner and to the extent permitted by New York State Village Law and the Civil Practice Law and Rules.
(4) 
The ZBA may seek recommendations from Village departments, the Planning Commission, other boards, and other agencies, as it deems appropriate.
(5) 
Hearings shall be public, and decisions shall be voted upon at public sessions. The ZBA may otherwise hold executive sessions in accordance with the New York State Open Meetings Law.
(6) 
The ZBA may provide for compensation to be paid to experts, clerks, and a secretary and provide for such other expenses as may be necessary and proper, not exceeding the appropriation made by the Village Board for such purpose.
G. 
Minutes. The Village Clerk, or the Village Clerk's designee, shall keep minutes of all proceedings before the ZBA.
H. 
Removal. The Village Board shall have the power to remove, after public hearing, any member of the ZBA for cause. Any ZBA member may be removed for noncompliance with minimum requirements relating to meeting attendance and training as established by local law and New York State Village Law.
I. 
Powers and duties. The ZBA shall be responsible for final action regarding the following:
(1) 
Variances;
(2) 
Appeals; and
(3) 
Zoning Code interpretations.
J. 
Additional powers. The ZBA may exercise additional powers as directed by the Village Board and as may be described elsewhere in this chapter and as permitted by New York State Law.
[Amended 8-21-2023 by L.L. No. 9-2023]
A. 
No person or persons shall commence to erect, construct, alter, or change the nature or the type of occupancy of any land, building or structure within the Village of East Aurora until the owner of the land upon which it is proposed to so erect, construct, alter, demolish or change the nature or the type of occupancy of any such land, building or structure has applied for and obtained a building permit for the same from the CEO.
B. 
(Reserved)
C. 
Demolition of an existing building or structure greater than 500 square feet and more than 50 years old must obtain a demolition permit in accordance with Chapter 112 of the East Aurora Village Code.
D. 
No building permit may be issued without first obtaining site plan approval for a new development plan as provided for in Article 51 of this chapter.
E. 
A building permit issued by the CEO pursuant to this section shall be valid for a period of one year from the date of issue. Building permits for pools issued by the CEO shall be valid for a period of three months from the date of issue.
A. 
It shall be unlawful to use or permit the use of any building or premises or part thereof hereafter erected, constructed, altered, moved or converted or of any building or premises or part thereof changed or converted to a different use until a certificate of zoning compliance shall have been issued by the CEO. Such certificate shall show that such building or premises or part thereof and the proposed use thereof are in conformity with the provisions of this chapter. An application for a certificate of zoning compliance shall be on forms supplied by the CEO, shall include an agreement to comply with this chapter and all other laws, ordinances and regulations that may be applicable, and shall be signed by the owner. It shall be the duty of the CEO, after having determined that the building and the proposed use thereof conform with all the requirements herein set forth, to issue a certificate of zoning compliance within five days after the application for the same shall have been filed in the code enforcement office.
B. 
In addition, upon written request by the owner, the CEO shall inspect any building, other structure or tract of land existing on the effective date of this chapter and shall issue a certificate of zoning compliance certifying the use of the building, other structure or tract of land and whether such use conforms to all the provisions of this chapter.
The CEO is hereby empowered to cause any building, other structure or tract of land to be inspected and examined and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provisions of this chapter. After any such order has been served, no work shall proceed on any building, other structure or tract of land covered by such order, except to correct the violation or to comply with such order.
Violations of any of the provisions of this chapter shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both. Each day's continuance of a violation after notice shall be deemed a separate and distinct violation and shall be punishable accordingly.