No land-use activity as listed below shall be carried out until a zoning permit has been issued by the Zoning Officer stating that the proposed building, structure, use of land, or development activity complies with the requirements of this chapter: For permit requirements for specific uses refer to Schedule A, 201 Attachment 1.
A. 
Erection, re-erection, or movement of a building or structure;
B. 
Change of the exterior structural dimensions of a building or structure;
C. 
Change in use of land, buildings or structures through the establishment of a new use, or through the expansion or enlargement of an existing use;
D. 
The resumption of any conforming use which has been discontinued for a period of three years or longer;
E. 
Establishment or change in dimensions of a parking area for nonresidential or multifamily residential uses;
F. 
Placement of a sign as regulated in Article VII of this chapter;
G. 
Placement of above- or below-ground pools;
H. 
Change in the contours of land or land disturbance. (The Zoning Official may defer to the DPW Superintendent.)
A zoning permit shall not be required for:
A. 
Accessory structures with less than 144 square feet, unless over 15 feet in height;
B. 
Exempt signs listed in Article VII of this chapter;
C. 
Fences or walls complying with § 201-585 of this chapter;
D. 
Interior structural alterations or routine maintenance and improvement that does not expand the exterior dimensions of the structure (e.g., roofing, window replacement, siding replacement, etc.);
E. 
Minor accessory structures, including but not limited to: posts, sidewalks, driveways, flagpoles, playground equipment, etc.;
F. 
Family day-care homes, group family day-care homes, and school-age child-care programs;
G. 
Re-erection of a porch or deck of the same size and dimensions of the original structure in the same location;
H. 
Nonstructural agriculture and forest management uses.
Temporary zoning permits may be issued upon approval of the Zoning Officer for a period not to exceed 12 months. Such permit may be renewed once for a period no greater than 12 months. Such temporary zoning permit shall be conditioned upon agreement by the applicant to remove any nonconforming uses or structures upon expiration of the permit. The Zoning Officer may place such appropriate conditions on the use so as to protect the character of the surrounding area. Temporary permits may be issued for the following uses:
A. 
Temporary uses incidental to a construction project;
B. 
Temporary real estate sales offices incidental to a subdivision;
C. 
Temporary roadside stands for the sale of agricultural products grown on the premises;
D. 
Temporary retail sales events less than or equal to 1,000 square feet in ground area (not including community events);
E. 
Other similar temporary incidental uses.
A. 
Applications for zoning permits shall be submitted to the Zoning Officer and shall include three copies of a layout or plot plan showing the actual dimensions of the lot to be used; the size and location on the lot of existing and proposed structures and accessory structures; the setbacks of structures from all lot lines, street lines, mean high water lines of lakes, streams, ponds and wetlands, and any other features of the lot; and such other information as may be necessary to provide for the enforcement of this chapter. This information, and other relevant application data, shall be provided on forms issued by the Zoning Officer.
B. 
When establishing measurements to meet the required setbacks and yard sizes, the measurements shall be taken from the lot line, street line, or nearest mean high-water line to the furthermost protruding part of the use or structure.
C. 
The Zoning Officer shall take action to approve or disapprove the application within 10 days of the receipt of a completed application by the Zoning Officer and the payment of all fees.
D. 
Any use or structure for which a zoning permit has been issued that has not substantially commenced within one year of the issuance of the respective permit is thus considered expired. Such zoning permits may be renewed upon additional fees unless there have been any changes to the proposal. If changes have been made to the proposal, see Subsection E.
E. 
If changes to a proposal occur before project completion, the Planning Board shall determine whether another review is warranted or the initial review is adequate. Decisions shall be noted in the official record.
A. 
A fee will be determined by the Lewis County Buildings and Fire Codes Department as the Village Zoning Officer and shall be paid for each zoning permit. The Village Clerk will determine the appropriate fee as determined by the Village Board via resolution for site plan review or special use permit. Applications will not be considered complete until all appropriate fees are paid.
B. 
The Planning Board may retain consulting services from engineers, architects, landscape architects, lawyers, planners, or other professional services during the course of site plan reviews and special use permit reviews conducted pursuant to this chapter. The applicant shall pay any actual costs attributable to a consultant's review of an application as well as any additional Planning Board Meetings. The Planning Board may require the applicant to deposit such funds as may be necessary to pay for these services with the Planning Board in advance.
No use or structure requiring a zoning permit shall be occupied, used, or changed in use until a certificate of compliance has been issued by the Zoning Officer stating that the use or structure complies with the provisions of this chapter. All certificates of compliance shall be applied for concurrently with the application for a zoning permit and shall be issued within 10 days after completion of the project and demonstrating compliance with the provisions of this chapter.
A. 
A temporary certificate of compliance may be issued for up to 180 days to allow appropriate weather to complete certain conditions of approval. If all conditions of approval are not met within 180 days from the issuance of the temporary certificate of compliance, the Zoning Official shall revoke the certificate of compliance and related permits.
B. 
Such temporary certificate may be renewed once, with a justifiable reason (being too busy or similar is not an acceptable reason) upon a written request no less than 30 days before the certificate's expiration.
No zoning permit or certificate of compliance shall be issued for any use or structure on any lot which has been filed in the Office of the County Clerk after January 1,1994, unless such lot is included in a plat which has been approved by the Planning Board and filed with the Office of the County Clerk, or was exempt from said law at the time of filing.
This chapter shall be enforced by the Zoning Officer, who shall be appointed by the Village Board. The duties of the Zoning Officer shall be to:
A. 
Determine which type of permit review is required;
B. 
Approve and disapprove zoning permits and certificates of compliance;
C. 
Scale and interpret zone boundaries on the Zoning Map;
D. 
Refer appropriate matters to the Zoning Board of Appeals, Planning Board, or Village Board;
E. 
Revoke zoning permits or certificates of compliance where there is false, misleading, or insufficient information or where the applicant has varied from the terms of the application;
F. 
Investigate violations, issue stop-work orders and appearance tickets, and refer violations to the Justice Court or the Village Board.
A. 
A Zoning Board of Appeals is hereby created pursuant to Village Law § 7-712. The Zoning Board of Appeals shall have all the power and duties prescribed by Village Law § 7-712 and by this chapter, which are more particularly specified as follows:
(1) 
Interpretations: Upon appeal from a decision by the Zoning Officer, to decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any zone boundary.
(2) 
Variances. Upon appeal from a decision by the Zoning Officer, or upon referral by the Planning Board, to vary the strict application of any of the requirements of this chapter.
B. 
All applications for interpretations and variances shall be made and reviewed in compliance with the administrative regulations established by the Zoning Board of Appeals.
C. 
The Village Board shall have the option to enter into an intermunicipal agreement for a cooperative Zoning Board of Appeals constituted of five to seven members whose members shall be appointed in accordance with the terms of the intermunicipal cooperation agreement.
The Planning Board shall have the following powers and duties with respect to this chapter:
A. 
Provide action on site plans review request: disapprove, approve or approve with modifications.
B. 
Provide action on special use permits: disapprove, approve, or approve with modifications.
C. 
The Village Board shall have the option to enter into an intermunicipal agreement for a cooperative Planning Board constituted of five to seven members whose members shall be appointed in accordance with the terms of the intermunicipal cooperation agreement.
D. 
The Planning Board shall provide decisions with all conditions on applications in writing via email to the Village Clerk within 10 business days.
E. 
The Planning Board shall provide all decisions with all conditions on applications in writing via email to the Zoning Office within 10 business days; to ensure permits are not issued until conditions are satisfied.
A. 
A copy of all zoning permits, temporary zoning permits, certificates of compliance, notices of violation, and stop-work orders shall be filed in the Office of the Village Clerk, upon issuance by the Zoning Officer within 30 calendar days.
B. 
A copy of all decisions of the Zoning Board of Appeals shall be filed in the Office of the Village Clerk within five business days of the decision of the Board.
C. 
A copy of all decisions of the Planning Board shall be filed in the Office of the Village Clerk within 10 business days of the decision of the Board.
D. 
All such records shall be available for the inspection of the public.
A. 
Whenever a violation of this chapter occurs any person may file a complaint in regard thereto. All such complaints shall be in writing and shall be filed with the Zoning Officer, who shall properly record and investigate such complaints in a timely manner. If the complaint is found to be valid, the Zoning Officer shall issue a stop-work order requiring all work to cease until the violation is corrected. If the violation is not corrected within the specified time, the Zoning Officer shall take action to compel compliance.
B. 
Pursuant to Criminal Procedure Law § 150.20(3), the Zoning Officer is hereby authorized to issue an appearance ticket to any person causing a violation of this chapter and shall cause such person to appear before the Justice Court.
C. 
Pursuant to Municipal Home Rule Law § 10 and Village Law § 7-714, any person, firm, or corporation who commits an offense against, disobeys, neglects, or refuses to comply with or resists the enforcement of any of the provisions of this chapter shall, upon conviction, be deemed guilty of a violation and subject to fine and/or imprisonment. Any violation of this chapter is an offense punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both for 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 nor more than $700 or imprisonment for a period not to exceed six months, 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 $750 nor more than $1,000 or imprisonment for a period not to exceed six months, 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 purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.
D. 
The Village Board may maintain an action or proceeding in the name of the Village in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of this chapter.