This chapter shall be known and cited as the "Sylvan Beach Village
Zoning Code."
Enactment of this chapter by the Village is pursuant to Article
7, § 7-700, of the Village Law of the State of New York,
and Article 27 of the Executive Law of the State of New York and pursuant
to Municipal Home Rule Law and the Constitution of State of New York,
and the Village Board hereby declares its legislative intent to supersede
any provision of any local law, rule, regulation or provision of the
Village Law inconsistent with this chapter. The Village Law provisions
intended to be superseded include those portions of Article 7, §§ 7-725-a
and 7-725-b, as they relate to the recovery of expenses incurred when
the Village employs professional assistance during the site plan and
special use permit review processes and any other provision of law
that the Village may supersede pursuant to the Municipal Home Rule
Law and the Constitution of the State of New York. The courts are
hereby directed to take notice of this legislative intent and apply
it in the event the Village has failed to specify any provision of
law that may require supersession. The Village Board hereby declares
that it would have enacted this chapter and superseded such inconsistent
provision had the need to do so been apparent.
The regulations of this chapter shall be made in accordance
with the Village Comprehensive Plan and are enacted pursuant to the
Village Law of the State of New York, Chapter 64 of the Consolidated
Laws, Article 7, to protect and promote public health, safety, morals,
comfort, convenience, economy, aesthetics and the general welfare.
Further, it is the purpose of this chapter to preserve the local history,
culture and green space; to encourage the most appropriate use of
land in the Village in order to conserve and enhance the value of
property; to provide adequate and suitably located commercial facilities;
to protect waterways; to assure privacy for residences and freedom
from nuisances and things harmful to the senses; to protect the Village
and its inhabitants against unsightly, obtrusive and noisome land
uses and operations; and for the other purposes herein specified.
Further, it is the purpose of this chapter to maintain the traditional
neighborhood pattern of development in the Village of Sylvan Beach,
particularly in those portions of the Village where there is likely
to be the most new development and redevelopment. An inviting and
attractive street environment that encourages informal pedestrian
interaction characterizes this form of development. The economic and
social vitality of the Village of Sylvan Beach depends upon maintaining
the historic street environment, the economic viability of its businesses,
and a hospitable atmosphere for residential occupants.
The adoption of this chapter shall not affect or impair any
permit granted, act done, offense committed or right accrued or acquired,
or liability, penalty, forfeiture or punishment incurred, prior to
the time this chapter takes effect, under any prior Zoning Code of
the Village of Sylvan Beach, but the same may be enjoyed, ascertained,
enforced, prosecuted or inflicted as fully and to the same extent
as if this chapter had not been adopted, and all actions and proceedings
commenced under or by virtue of such prior code and pending at the
time this chapter takes effect may be prosecuted and defended to final
effect in the same manner as they might have been if this chapter
had not been adopted.
In their interpretation and application, the provisions of this
chapter shall be held to be minimum requirements adopted for the promotion
of the public health, morals, safety and general welfare. Whenever
the requirements of this chapter are at variance with the requirements
of any other lawfully adopted rules, regulations, local laws or codes,
the most restrictive thereof, or those imposing the highest standards,
shall govern.
The Village Board may, from time to time, on its own motion
or on petition or on recommendation of the Planning Board, amend,
supplement, change, modify or repeal this chapter in accordance with
the applicable provisions of law.
This chapter shall become effective within 30 days of being
filed within the New York State Department of State's Office.