A.
Nonconforming uses, buildings, and structures.
(2)
Any nonconformity under the previous zoning law will also be
a nonconformity under this Zoning Chapter, as long as the situation
that resulted in the nonconforming status under the previous regulation
continues to exist. If, however, a nonconforming situation under previous
zoning regulations becomes conforming because of the adoption of this
Zoning Chapter, or any subsequent amendment to it, then the situation
will no longer be considered a nonconformity.
B.
Discontinuance. When a nonconforming use has been discontinued for
a period of one year, such use shall not thereafter be reestablished,
and any future use shall be in conformity with this chapter.
C.
Change of use. No nonconforming use shall be changed to any use other
than a conforming use for the district in which it is situated.
D.
Alteration and extensions. A nonconforming use, building, or structure,
or part thereof, may be structurally altered only to the extent of
its prior nonconformity. A nonconforming use shall not be extended
in size, scale or intensity of use. Extension of a lawful use to any
part of a nonconforming building shall not be deemed extension of
such nonconforming use.
A.
Violations. It shall be unlawful for any person, firm or corporation
to construct, alter, repair, move, equip, use or occupy any land,
building or structure or part thereof in a manner not permitted by
this Zoning Chapter.
B.
Notice of violation.
(1)
Any person violating any provision of this Zoning Chapter shall
be served by the CEO with a written notice of violation and correction
order stating the nature of the violation found to exist, the remedy
ordered and providing a time limit for the satisfactory correction
thereof.
(2)
Unless a different time limit is provided by this Zoning Chapter
for the correction of any violation, which alternate time limit shall
prevail, said notice of violation and correction order shall provide
a time limit of 30 days for the satisfactory correction of the violation.
(3)
The notice of violation shall further inform the violator of
his/her right to appeal the CEO's interpretation to the ZBA.
(4)
Service of the notice of violation/correction order shall be
sufficient if directed to the owner, operator or occupant of a residence,
commercial or industrial facility, as the case may be, violating this
Zoning Chapter.
(5)
Service of said notice of violation/correction order shall be
made personally upon the alleged violator, if said violator can be
found with due diligence; otherwise, service of said notice of violation/correction
order shall be sufficient if service is completed by delivering the
same to a person of suitable age or discretion at the actual residence,
commercial or industrial facility at which said violation is occurring
and by mailing the notice to the person to be served at his/her last
known residence or business address.
(6)
Where service cannot otherwise be made with due diligence, by
affixing said notice of violation/correction order to the door of
the residence, commercial or industrial facility at which said violation
is occurring and by mailing said notice to such person at his/her
last known residence or place of business.
(7)
It shall be unlawful for any person to fail to comply with a
written notice of violation/correction order of the CEO within the
time fixed for compliance therewith.
C.
Penalties and fines. Any violation of this Zoning Chapter is hereby
declared to be an offense, punishable by the following penalties:
(1)
A fine not exceeding $250 or imprisonment not to exceed 15 days,
or both for a conviction of a first offense;
(2)
A fine not less than $250 nor more than $700 or imprisonment
not to exceed 15 days, or both, for conviction of a second offense
both of which were committed within a period of five years; and
(3)
A fine not less than $700 nor more than $1,000 or imprisonment
for a period not to exceed 15 days, or both, upon conviction for a
third or subsequent offense all of which were committed with a period
of five years.
D.
For the purpose of conferring jurisdiction upon courts and judicial
officers generally, violations of this Zoning 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.
E.
The CEO may, with permission of the Village Board, institute court
action to enforce the provisions of this Zoning Chapter, or may refer
the matter to the Village Board for its action.
F.
Any person violating any provision of this Zoning Chapter shall be
liable to the Village for any and all losses, damages and expenses
incurred by the Village or for which the Village may be held liable
as a result of said violation. The Village or CEO shall have the right
to obtain reimbursement for any loss, damage or expense incurred by
it as a result of any violation of this Zoning Chapter including,
but not limited to, attorney's fees and court costs incurred
as a result of any legal proceedings brought hereunder.
G.
Nothing contained in this Zoning Chapter shall prevent the Village
or CEO, either alone or in conjunction with the foregoing penalties,
from maintaining an action or proceeding in the name of the Village
or CEO in any court of competent jurisdiction to compel compliance
with or to restrain by injunction the violation of any provision of
this Zoning Chapter.
A.
Whenever a violation of this chapter occurs, any person may file
a complaint in regard thereto. All such complaints must be in writing
and shall be filed with the Building Inspector, who shall properly
record such complaint and immediately investigate.
B.
If such complaint concerns a provision of this chapter relating to
setback from front, rear or side lines, the area that may be built
upon, the location, independent character or number of structures,
height or general purpose of any structure, then no action shall be
taken by the Building Inspector or Board of Trustees, and no action
in law or equity shall accrue to anyone for the enforcement of any
such provision of this chapter by compelling the removal or alteration
of a structure, or to recover damages or the imposition of any penalty
set forth in this chapter, unless such complaint is filed with the
Building Inspector before the expiration of two years from completion
of the structure concerned.
C.
The date of issuance of the certificate of occupancy, or, if no such
certificate shall have been issued, the date of actual occupancy of
the structure or of the structure as replaced, enlarged or altered
shall be deemed the date of completion of the structure.
D.
The application of this section shall not be barred by any disability
or lack of knowledge on the part of any person and shall not be barred
by the fact that the person against whom or by whom the action might
have been brought was, during the periods herein provided, a nonresident
or absent from the state.
A.
Any violation of the previous zoning law will continue to be a violation
under this Zoning Chapter and be subject to penalties and enforcement
under NYS Village Law.
B.
If the use, development, construction or other activity that was
a violation under the previous law complies with the express terms
of this Zoning Chapter, enforcement action will cease, except to the
extent of collecting penalties for violations that occurred before
the effective date of this chapter.
C.
The adoption of this Zoning Chapter does not affect nor prevent any
pending or future prosecution of, or action to abate violations of
the previous law that occurred before the effective date of this chapter.
