The zoning provisions of this chapter are adopted
for the purposes set forth in Article 7 of the Village Law which,
in the interest of the protection and promotion of the public health,
safety and welfare, shall be deemed to specifically include the following,
among others:
A.
The facilitation of the efficient and adequate provision
of public facilities and services.
B.
The provision of privacy for families.
C.
The prevention and reduction of traffic congestion
and the provision of safe and adequate traffic access to uses generating
large volumes of vehicles.
D.
The maximum protection of residential areas.
E.
The protection of business areas by reduction of overcongestion
caused by automobile traffic and parking.
F.
The preservation of historic and natural features
and the provision of new facilities in such a way as to maintain and
enhance the desirable aesthetic qualities of the Village.
G.
The accommodation of solar energy systems and equipment
and the protection of access to the sunlight necessary for those systems.
A.
In their interpretation and application, the provisions
of this chapter shall be held to be the minimum requirements adopted
for the promotion of the public health, safety, comfort, convenience
and general welfare. Except where specifically provided to the contrary,
this chapter is not intended to repeal, abrogate, annul or in any
way to impair or interfere with any rules, regulations or permits
previously adopted or issued or which shall be adopted or issued pursuant
to law relating to the use of buildings, structures, shelters or premises;
nor is it intended to interfere with or abrogate or annul any easements,
covenants or other agreements between parties; provided, however,
that where this chapter imposes a greater restriction upon the use
of a building or premises or requires larger open spaces than are
imposed or required by any other statute, law, rule, regulation or
permit or by any easement or agreement, the more restrictive provisions
shall control. In the event of conflict in the terminology of any
section or part thereof, the more restrictive provision shall control.
B.
Any uses not specifically permitted by this chapter
shall be deemed to be prohibited. Any list of prohibited uses contained
in any section of this chapter shall not be deemed to be an exhaustive
list, but to have been included for the purposes of clarity and emphasis
and to illustrate by example some of the uses frequently proposed
that are deemed undesirable and incompatible in the particular district.
A.
Any person, firm or corporation violating or failing
to comply with any of the provisions of this chapter shall be subject
to a fine of up to $1,000 and/or imprisonment in the county jail for
not more than 15 days for each offense, or both; and a separate offense
shall be deemed committed each week, or portion of a new week, over
which a violation occurs or continues.
[Amended 12-1-2008 by L.L. No. 5-2008]
B.
In addition, the Village authorities shall have such
other remedies as are prescribed by law to restrain or abate any violation
of this chapter.
This chapter may be amended, supplemented or
repealed by the Village Board of Trustees on its own motion or on
petition, as provided in §§ 7-706 and 7-708 of the
Village Law. Every such proposed amendment shall be referred by the
Village Board of Trustees to the Planning Board for a report before
the public hearing. The Village Board of Trustees shall not take action
on any such amendment without a recommendation from the Planning Board
unless the Planning Board fails to render such report within 30 days
after the next regularly scheduled meeting of such Board following
the time of such referral.
A.
Report of the Planning Board. In making such report
on a proposed amendment, the Planning Board shall make inquiry and
determination concerning the items specified below:
(1)
Concerning a proposed amendment to or change in text:
(a)
Whether such change is consistent with the aims
and principles embodied in this chapter as to the particular districts
concerned.
(b)
Which areas and establishments in the Village
will be directly affected by such change and in what way they will
be affected.
(c)
The indirect implications of such change and
its effect on other regulations.
(d)
Whether such proposed amendment is consistent
with the aims of the Comprehensive Plan of the Village.
(2)
Concerning a proposed amendment involving a change
in the Zoning Map:
(a)
Whether the uses permitted by the proposed change
would be appropriate in the area concerned.
(b)
Whether adequate public school facilities and
other public services exist or can be created to serve the needs of
any additional residence likely to be constructed as a result of such
change.
(c)
Whether the proposed change is in accord with
any existing or proposed plans in the vicinity.
(d)
Whether the proposed amendment's impacts are
envisioned by the Comprehensive Plan.
(e)
Whether the proposed amendment is likely to
result in an increase or decrease in the total zoned residential capacity
of the Village and the probable effects thereof.
C.
Public hearing. By resolution adopted at a stated meeting, the Village Board of Trustees shall fix the time and place of a public hearing on the proposed amendment and cause notice thereof to be given in accordance with the provisions of § 7-708 of the Village Law and Subsection F hereof.
D.
Notice to neighboring municipalities. Should any proposed
amendment consist of or include any change in the boundary of any
district, which change would occur within a distance of 500 feet of
the boundary of any other municipality, or any change in the regulations
prescribed for any district, any portion of which is located within
500 feet of such boundary, the Village Clerk shall transmit to the
Municipal Clerk of such other municipality a copy of the official
notice of the public hearing thereon not later than the day after
such notice appears in the official newspaper of the Village.
E.
Referral to the County Planning Board.
(1)
Matters to be referred. Any change in the district
classification of or the regulations applying to real property lying
within a distance of 500 feet of the following shall be referred to
the Rockland County Planning Board prior to final action in accord
with §§ 239-l and 239-m of the General Municipal Law,
subject to such agreement between the Village and County of Rockland
and any adjacent municipalities as has been, or may be, executed:
(a)
The boundary of any other municipality (also
requires referral to adjoining municipality).
(b)
The boundary of any existing or proposed county
or state park or other recreation area.
(c)
The right-of-way of any existing or proposed
county or state road, parkway or other controlled access highway.
(d)
The existing or proposed right-of-way of any
stream or drainage channel owned by the county for which the county
has established channel lines.
(e)
The existing or proposed boundary of any county-
or state-owned land on which a public building or institution is located.
(2)
County Planning Board recommendation. If the Rockland
County Planning Board fails to report its recommendations within 30
days after receipt of a full statement of such referred material,
the Village Board of Trustees shall construe such inaction as approval
of the proposed zoning action and may act without such a report.
(3)
Effect of negative report. If the Rockland County
Planning Board disapproves the proposed amendment or recommends modification
thereof, the proposed amendment shall not become effective except
by a vote of a majority plus one of all members of the Village Board
of Trustees and after the adoption of a resolution fully setting forth
the reasons for such action.
G.
Protest. In the case of a written protest against
any proposed amendment submitted to the Board in accordance with the
provisions of § 7-708 of the Village Law, such amendment
shall not become effective unless approved by at least 3/4 of the
members of the Village Board of Trustees.
H.
Consistency with Comprehensive Plan. In all cases
where the Village Board of Trustees shall approve an amendment to
the Zoning Map,[2] said Board shall find that, for reasons fully set forth
in said findings, such amendment is consistent with the aims of the
Comprehensive Plan for the Village.
[2]
Editor's Note: A copy of the Zoning Map is included at the end of this chapter. Consult the official copy on file in the Village Clerk's office for possible revisions.
