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 or
the general welfare. Wherever the requirements of this chapter are
at variance with the requirements of any other lawfully adopted rules,
regulations or laws, the most restrictive, or that imposing the higher
standards, shall govern.
[Amended 2-5-1992 by L.L. No. 1-1992]
This chapter shall be enforced by a Code Enforcement
Officer, who is appointed by the Village Board and whose duty is to:
A. Review all applications to determine their conformance
with this chapter pertaining to zoning.
B. Issue certificates of compliance with the chapter
relating to zoning upon proper application therefor, where compliance
is made with the provisions of this chapter, and, except on written
order of the Board of Appeals, refuse to issue the same in the event
of noncompliance, giving prompt written notice of such refusal and
the reason therefor to the applicant. The fee to be charged for such
certificate of compliance shall be as set by resolution of the Board
of Trustees from time to time.
C. Keep the Village Board advised of all matters other
than routine duties pertaining to the enforcement of this chapter
and keep all records necessary and appropriate to this position and
file them in the office of the Village Clerk, including records of
all certificates of compliance issued or withheld.
D. Submit a written report monthly to the Village Board
of Trustees itemizing:
[Amended 3-16-2011 by L.L. No. 1-2011]
(1) All
pending applications for building or other permits;
(2) The
status of the projects ongoing as a result of permits issues;
(3) Certificates
of completion and certificates of occupancy issues, or other termination
of permits, since the previous written report;
(4) Complaints
or requests for investigation pending or received since the last written
report, and the status of the same; and
(5) Such
additional information as specified by the Village Board of Trustees.
E. Investigate all complaints or requests for investigation which have been delivered to the Code Enforcement Officer in writing from any person or from the Zoning Board of Appeals, and make and maintain a written record of the results of his investigation. In the event that his investigation reveals an apparent violation of this chapter, he shall notify all persons he believes to be in violation of this chapter in accordance with the provisions of §
180-32A of this chapter. In the event the apparent violation has not been ameliorated within the time period set forth in his above-described notice he shall, in consultation with the Village Attorney:
[Amended 3-16-2011 by L.L. No. 1-2011]
(1) Commence
an enforcement action or proceeding in Town Court;
(2) If
funding has been approved by the Village Board of Trustees, commence
an enforcement action or proceeding in New York State Supreme Court;
(3) Deny or cancel any permit issued by him or any Village Code Enforcement Officer or Building Inspector to the violator, such cancellation to remain in effect until all violations have ceased, or issue a stop-work order as provided in §
91-6;
(4) If
the violation concerns the terms, limits and/or conditions of a variance
issued by the Round Lake Zoning Board of Appeals, require the owner
of the real property for which that variance has been issued to appear
before the Round Lake Zoning Board of Appeals for a rehearing pursuant
to New York State Village Law § 7-712-a, Subdivision 12,
and determination pursuant to this chapter that the variance be suspended,
revoked, amended or continued, in its terms, limits and/or conditions,
in the discretion of said Board; or
(5) If
the violation concerns the terms, limits and/or conditions of subdivision
or site plan approval issued by the Round Lake Planning Board, require
the owner of the real property for which that subdivision or site
plan approval has been granted to appear before the Round Lake Planning
Board for a determination that such approval be suspended, revoked,
amended or continued in its terms, limits and/or conditions in the
discretion of said Board.
[Amended 2-5-1992 by L.L. No. 1-1992]
A Board of Appeals is hereby created. Said Board
shall consist of five members who are residents of the Village of
Round Lake and who are appointed by the Village Board, which shall
also designate the Chairman. The five members first appointed shall
serve, respectively, for terms of one year, two years, three years,
four years and five years; thereafter each member appointed shall
serve for five years. The Board of Appeals shall prescribe the rules
for the conduct of its affairs. Said Board shall have all the powers
and duties prescribed by law and by this chapter. The Village Board
shall make the appointments so that, at all times and insofar as is
possible, the membership on such Board of Appeals shall be representative
of the major land users of the Village, which may include, according
to the judgment of the Village Board, such types of use as residential,
farming, retail, business, commercial, etc. A fee as set by resolution
of the Board of Trustees from time to time shall be paid to the Code
Enforcement Officer by an appellant appealing to the Board of Appeals
for a variance to this chapter for a special permit or for any interpretation
thereof for which advertising is required.
A. Interpretation. Upon appeal from a decision by the
Code Enforcement Officer, the Board of Appeals shall decide any question
involving the interpretation of any provision of this chapter, including
determination of the exact location of any district boundary if there
is uncertainty with respect thereto.
B. Variances. In passing upon appeals, where there are
practical difficulties or unnecessary hardships in the way of carrying
out the strict letter of this chapter, the Board of Appeals may vary
or modify the application of any of the provisions of the law relating
to the use of buildings or the use of land so that the spirit of the
law shall be observed, public safety and welfare secured and substantial
justice done. In granting any variance, said Board shall prescribe
any conditions it deems to be necessary or desirable. In making the
determinations set forth above, the Zoning Board of Appeals shall
be in conformance with the provisions of New York's Village Law, § 7-712-b,
as the same may from time to time be amended.
[Amended 3-16-2011 by L.L. No. 1-2011]
C. Special permits.
(1) After due public notice and hearing, the Board of
Appeals may issue special permits for any of the uses for which this
chapter requires the obtaining of such permits from said Board or
for the extension of a building or such use as existed at the time
of passage of this chapter into a contiguous but more restricted district
for a distance not exceeding 50 feet, but not for any other use or
purpose. In granting such special permit, the Board may specify appropriate
conditions in harmony with the following standards ("Permit," as used
in this section, shall not imply a building permit):
(a)
The use shall be of such location, size and
character that it will be in harmony with the appropriate and orderly
development of the district in which it is situated and will not be
detrimental to the orderly development of adjacent districts.
(b)
The location and size of the use; the nature
and intensity of the operations involved in or conducted in connection
therewith; its site layout and its relation to streets giving access
to it shall be such that traffic to and from the use and the assembly
of persons in connection with it will not be hazardous or inconvenient
to the neighborhood or conflict with the normal traffic of the neighborhood.
(2) In applying this standard, the Board shall consider,
among other things, convenient routes of pedestrian traffic, particularly
of children; relation to main traffic thoroughfares and to street
and road intersections; and the general character and intensity of
development of the neighborhood.
(3) An appellant granted a special permit shall be given
six months in which to diligently begin to put into effect the use
permitted by the granted special permit, although the Board of Appeals
can increase this period from six months to a year at its discretion.
Should any section or provision of this chapter
be decided by the courts to be unconstitutional or invalid, such decision
shall not affect the validity of the chapter as a whole or any part
thereof, other than the part so decided to be unconstitutional or
invalid.