The Village Board shall appoint an enforcement officer to carry out specific administrative functions as designated in this chapter and to enforce this chapter. The duties of the enforcement officer shall include the following:
A. 
Issue and deny zoning permits and certificates of compliance in accordance with this chapter;
B. 
Scale and interpret district boundaries on zoning maps;
C. 
Inspect and certify that the regulations of this chapter have been adhered to;
D. 
Refer appropriate matters to the Zoning Board of Appeals, Planning Board, or Village Board.
E. 
Revoke zoning permits where there is false, misleading or insufficient information;
F. 
Revoke zoning permits and certificates of compliance where the applicant has not complied with the provisions of the approved application;
G. 
Investigate violations and complaints of violations of this chapter, issue stop-work orders and refer violations to the Village Justice or the Village Board;
H. 
Assist in the prosecution of violations.
[Amended 10-21-2019 by L.L. No. 1-2019; 10-16-2023 by L.L. No. 4-2023; 6-17-2024 by L.L. No. 1-2024]
The following activities shall require a zoning permit unless otherwise specifically exempted in this chapter:
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 use which has been discontinued for a period of 12 months 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 §§ 146-6B, 146-7B, 146-8B, and 146-9B of this chapter;
G. 
Fences or walls;
H. 
Driveways;
I. 
Wastewater disposal systems.
The following activities shall not require a zoning permit and are exempt from the provisions of this chapter, except where otherwise specified:
A. 
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.);
B. 
Minor accessory structures such as posts, sidewalks, flagpoles, playground equipment, chimneys, etc.;
[Amended 10-21-2019 by L.L. No. 1-2019]
C. 
Nonstructural agriculture and forest management uses;
D. 
Silos, corn cribs and other similar agricultural accessory uses (exclusive of barns);
E. 
Landscaping.
A. 
Applications for zoning permits shall be submitted to the enforcement officer or Village Clerk and shall include the following:
(1) 
The actual dimensions of the lot to be used;
(2) 
The size and location on the lot of the structures and accessory structures to be erected and/or altered;
(3) 
The distance from the building line to all lot lines; street right-of-way lines; waterfront lot lines; and any other significant features of the lot;
(4) 
Such other information as may be necessary to determine and provide for the enforcement of this chapter.
B. 
This information, and other relevant application data, shall be provided on a form issued by the Village.
Fees required under this chapter will be determined from time to time by the Village Board pursuant to resolution and are to be paid at the time of application. No zoning permit shall be issued until full payment has been received by the Village Clerk.
The applicant shall display the zoning permit on the building, structure or site in such a manner that it is visible to the public until such time as a certificate of compliance is issued or the zoning permit expires.
When establishing measurements to meet the required yard sizes, or use or structure setbacks, the measurements shall be taken from the street right-of-way line, lot line or nearest high water elevation to the point attached to the structure which is closest to the point to which measurement is being made. This shall include such projecting facilities as cornices, chimneys, eaves, porches, carports, attached garages, etc.
A zoning permit shall expire six months from the date of issue unless substantial progress has been made towards carrying out the terms of the zoning permit. The applicant shall have two years to complete the terms of the zoning permit, or all work shall cease at the site. An extension may be allowed by the enforcement officer upon proof of necessity submitted by the applicant due to conditions unusual or beyond the control of the applicant.
A. 
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 enforcement officer stating that the use or structure complies with the provisions of this chapter.
B. 
All certificates of compliance shall be applied for with the application for a zoning permit. The certificate shall be issued within ten days after the erection or alteration shall have been approved as complying with the provisions of this chapter.
C. 
For uses requiring a Planning Board review, no certificate of compliance shall be issued for any such use or structure unless in conformity in all respects to the Planning Board approval, including any condition imposed upon it.
[Amended 3-21-2005 by L.L. No. 2-2005]
A. 
The Board of Appeals shall consist of five members as set forth in § 7-712 of the Village Law, or in the alternative the Village Board may enter into an agreement pursuant to Article 5-G of the General Municipal Law and § 7-741 of the Village Law to establish a Cooperative Board of Appeals. In the event of a Cooperative Board of Appeals, membership shall be as per the contractual agreement and may otherwise vary from provisions of § 7-712 of the Village Law as may be set forth in that agreement.
B. 
The powers of the Board of Appeals shall be to interpret this chapter and to grant area variances and use variances in accordance with the standards set forth in § 7-712-b of the Village Law and as may be otherwise provided by law.
C. 
The procedure before the Board of Appeals shall be in accordance with § 7-712-a of the Village Law, except as may be specifically modified by an intermunicipal agreement should the Village elect to enter into a Cooperative Board of Appeals, in which event such procedures shall be strictly governed by the intermunicipal agreement.
D. 
This section specifically supersedes those provisions of § 7-712 ofthe Village Law requiring that there be three or five members of the Board of Appeals, that the terms be staggered, that the Village Board select the chairman, and the voting power of members of the Board of Appeals in the event that the Village should enter into an intermunicipal agreement pursuant to § 7-741 of the Village Law and Article 5-G of the General Municipal Law, in which event the intermunicipal agreement shall govern those factors.
[Amended 5-16-2016 by L.L. No. 5-2016]
In accordance with this chapter, the Planning Board or a Cooperative Joint Planning Board as may be established from time to time by the Village Board, shall have the power to approve, approve with modifications, or disapprove site plans and special use permits. The Planning Board may also give advisory opinions when requested by the Zoning Board of Appeals or the Village Board. The Planning Board shall abide by any rules or regulations adopted by the Village Board and/or the Cooperative Joint Planning Board.
A. 
Whenever a violation of this chapter occurs, any person may initiate a complaint. All complaints shall be in writing and delivered to the Village Clerk or enforcement officer. The enforcement officer shall accurately record the complaint, file it appropriately, and investigate it.
B. 
If the complaint is found to be valid, the enforcement officer shall then inform the owner of the premises that there is a violation of the law. The owner shall be notified by certified mail with a return receipt requested and by regular mail, or be personally served, as to the manner of the violation. Mail shall be sent to the address of the property owner as stated on the last completed tax roll. The owner will have 14 days, minimum, from the date of the mailing, to remedy the situation, except in the case of imminent peril to life or property.
C. 
An order to stop use/work may be issued to the owner in the same manner as a notice of violation. Such order shall require that all construction stop immediately.
D. 
If a violation persists, the enforcement officer may file an "information and complaint" with the Village Justice, charging the owner with violating one or more sections of this chapter. The Village Justice shall then issue a summons for the violator to appear in court.
E. 
Pursuant to Criminal Procedure Law § 150.20(3), the enforcement officer is hereby authorized to issue an appearance ticket to any person causing a violation of this chapter and, if a violation persists, shall cause such person to appear before the Village Justice.
A. 
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.
B. 
In addition to the above remedies, 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.