Issue or deny zoning permits within seven days of application.

Scale and interpret district boundaries on Zoning Maps.

Inspect and certify that the requirements of this chapter and any conditions of approval have been adhered to.

Refer appropriate matters to the Joint Village/Town Zoning Board of Appeals, Joint Village/Town Planning Board or Board of Trustees.

Revoke a permit where there is false, misleading or insufficient information. Revoke a permit and/or certificate of compliance where the applicant has not done what was proposed on the application or required as a condition of approval.

Issue notices to remedy stop-work orders, investigate violations and refer violations to the Board of Trustees.

The Code Officer shall report monthly to the Board of Trustees the number of permits issued and fees collected.

Conduct surveys of the Village to detect unauthorized development of lots.

Promptly file all records with the Village Clerk, including but not limited to all applications under this chapter and written records of all complaints and actions taken in response thereto.

The Code Officer or his designee shall attend all Joint Town/Village Planning Board and Joint Town/Village Zoning Board of Appeals meetings unless excused by the Chairman of such Boards.

The Code Officer shall be responsible for the overall inspection of site improvements, including coordination with the Village Trustees and other officials and agencies, as appropriate.

Temporary permits may be issued by the Code Officer for a period not exceeding six months for nonconforming uses incidental to housing and construction projects, including such structures and uses as storage of building materials and machinery, the processing of building materials and a real estate office located on the tract being offered for sale, provided that such permits are conditioned upon agreement by the owner or operator to remove the structure or structures or uses upon expiration of the permit. Such permits may be renewed upon application to the Code Officer for one successive additional period of six months.

Approval or disapproval of site plans.

Approval or disapproval of special use permits.

Submittal of an advisory opinion, when requested to do so to the Zoning Board of Appeals.

Submittal of an advisory opinion to the Village Board for proposed amendments to this chapter.

All other powers granted by New York State law.

Each member of the Planning Board shall complete, at a minimum, four hours of training each year designed to enable such members to more effectively carry out their duties.

Training received by a member in excess of four hours in any one year may be carried over by the member into succeeding years in order to meet the requirements of this section. Such training shall be approved by the Board of Trustees and may include, but not be limited to, training provided by a municipality, regional or county planning office or commission, county planning federation, state agency, statewide municipal association, college or other similar entity. Training may be provided in a variety of formats, including, but not limited to, electronic media, video, distance learning and traditional classroom training.

To be eligible for reappointment to such board, such member shall have completed the training promoted by the Village Board.

The training required by this section may be waived or modified by resolution of the Board of Trustees when, in the judgment of the Board of Trustees, it is in the best interest of the Village to do so.

No decision of the Planning Board shall be voided or declared invalid because of a failure to comply with this subdivision.

Three alternate member positions are hereby established for the Joint Town of Clayton and Village of Clayton Planning Board as established pursuant to an intermunicipal agreement between the Town of Clayton and Village of Clayton dated March 24, 1997. As provided by intermunicipal agreement between the Town of Clayton and the Village of Clayton dated March 22, 1999, the alternate Planning Board members shall be appointed by joint action of the Town Board of the Town of Clayton and the Village of Clayton Board of Trustees, either at a joint meeting of those Boards called for that purpose or by independent resolutions at separate meetings of those Boards. The alternate member positions of the joint Town of Clayton and Village of Clayton Planning Board are hereby established for the purpose of ensuring the presence of a quorum on any matter pending before the Joint Town of Clayton and Village of Clayton Planning Board in the event that a regular member of said Board is absent due to a conflict of interest or is otherwise unable to serve for any reason, and such conflict, absence, or inability to serve causes the lack of a quorum to be present for any matter pending before the Joint Town of Clayton and Village of Clayton Planning Board.

In the event the Joint Town of Clayton and Village of Clayton Planning Board lacks quorum on any matter pending before it due to a conflict of interest or the absence of one or more regular members, the Chairperson shall select an alternate member or members to sit in place of the absent or conflicted member or members. The alternate member or members shall be selected by the Chairperson in the order in which they were appointed by the joint action of the Town Board of the Town of Clayton and the Village Board of Trustees of the Village of Clayton.

An alternate member or members appointed by the Chairperson of the Joint Town of Clayton and Village of Clayton Planning Board to serve on a particular matter in which a regular member is absent or unable to serve for any reason shall possess all of the powers and responsibilities of such regular member, and shall continue to serve on the Joint Town of Clayton and Village of Clayton Planning Board until the matter or matters for which the substitution is made has been decided in final by the Board.

All provisions of this section and of the Village Law relating to the Planning Board member training and continuous education, attendance, conflict of interest, compensation, eligibility, vacancy of office, removal and service on the Joint Planning Board shall also apply to alternate members.

Three alternate member positions are hereby established for the Joint Town of Clayton and Village of Clayton Zoning Board of Appeals as established pursuant to an intermunicipal agreement between the Town of Clayton and Village of Clayton dated March 24, 1997. As provided by intermunicipal agreement between the Town of Clayton and the Village of Clayton dated March 22, 1999, the alternate Zoning Board of Appeals members shall be appointed by joint action of the Town Board of the Town of Clayton and the Village of Clayton Board of Trustees, either at a joint meeting of those Boards called for that purpose or by independent resolutions at separate meetings of those Boards. The alternate member positions of the joint Town of Clayton and Village of Clayton Zoning Board of Appeals are hereby established for the purpose of insuring the presence of a quorum on any matter pending before the Joint Town of Clayton and Village of Clayton Zoning Board of Appeals in the event that a regular member of said Board is absent due to a conflict of interest or is otherwise unable to serve for any reason, and such conflict, absence, or inability to serve causes the lack of a quorum to be present for any matter pending before the Joint Town of Clayton and Village of Clayton Zoning Board of Appeals.

In the event the Joint Town of Clayton and Village of Clayton Zoning Board of Appeals lacks a quorum on any matter pending before it due to a conflict of interest or the absence of one or more regular members, the Chairperson shall select an alternate member or members to sit in place of the absent or conflicted member or members. The alternate member or members shall be selected by the Chairperson in the order in which they were appointed by the joint action of the Town Board of the Town of Clayton and the Village Board of Trustees of the Village of Clayton.

An alternate member or members appointed by the Chairperson of the Joint Town of Clayton and Village of Clayton Zoning Board of Appeals to serve on a particular matter in which a regular member is absent or unable to serve for any reason shall possess all of the powers and responsibilities of such regular member, and shall continue to serve on the Joint Town of Clayton and Village of Clayton Zoning Board of Appeals until the matter or matters for which the substitution is made has been decided in final by the Board.

All provisions of this section and of the Village Law relating to the Zoning Board of Appeals member training and continuous education, attendance, conflict of interest, compensation, eligibility, vacancy of office, removal and service on the Joint Zoning Board of Appeals shall also apply to alternate members.

No use variance shall be granted without a showing by the applicant that the applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such hardship the applicant shall demonstrate that for each and every permitted use under the zoning regulations for the particular district where the property is located:

The Zoning Board of Appeals, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proved by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.

The Zoning Board of Appeals shall, in the granting a use variance, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of the zoning law, and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.

In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the Board shall also consider:

The Zoning Board of Appeals, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.

The Zoning Board of Appeals shall, in the granting an area variance, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of the zoning law, and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.

A check, cash or money order for a fee in an amount that shall be set annually by the Village Board of Trustees, payable to the Village of Clayton, shall accompany all applications. This fee is not refundable and is to cover the cost of advertising, stenographic fees, transcripts, inspection by the Code Officer and other administrative expenses not provided for below.

Costs incurred by the Joint Town/Village Zoning Board of Appeals for consultation fees, such as legal and engineering fees, or other out-of-pocket expenses in connection with the review of an application shall be passed onto the applicant on the contractual basis or hourly rate as charged by the consultant.

Each order, requirement, interpretation or determination of the Code Officer shall be filed in the Code Officer's office within five business days from the day it is rendered, and shall be a public record.

An appeal shall be taken within 60 days after the filing of any order, requirement, decision, interpretation or determination of the Code Officer by filing with such Code Officer and with the Board of Appeals a notice of appeal, specifying the grounds thereof and the relief sought. The Code Officer from whom the appeal is taken shall forthwith transmit to the Board of Appeals all the papers constituting the record upon which the action appealed from was taken.

Written notice shall be mailed to the owners of all parcels of property adjacent to the applicant's property. The notice shall be mailed by first-class U.S. mail to the property owner's address as appearing on the latest completed assessment roll for the Village of Clayton, and shall be postmarked not less than 10 days prior to the date of the public hearing.

Written notice of the public hearing shall be published in the official newspaper of the Village of Clayton not less than five days prior to the date of the public hearing.

Signboards containing the notice of public hearing as provided in this subsection shall be posted by the Code Officer on the applicant's property not less than 10 days prior to the date of the public hearing. The sign shall be constructed as a sandwich board not less than 20 inches by 30 inches consisting of all-weather cardboard stock with black print lettering not less than the height identified in Subsection D(4) below. A minimum of one signboard shall be placed on each side of the subject premises facing a public street on which the property abuts. The signboard shall be erected not more than 10 feet from the road right-of-way and not less than two feet nor more than six feet above grade at the property line. The signboards shall be displayed continuously for a period not less than 10 days immediately preceding the date of the public hearing.

The signboard shall contain, at a minimum, the following information, with lettering size as indicated:

Decision of the Board. Except as otherwise provided in the above paragraph, every motion or resolution of the Zoning Board of Appeals shall require for its adoption the affirmative vote of a majority of all the members of the Zoning Board of Appeals as fully constituted regardless of vacancies or absences.

Default denial of appeal. In exercising its appellate jurisdiction only, if an affirmative vote of a majority of all members of the Board is not attained on a motion or resolution to grant a variance or reverse any order, requirement, decision or determination of the Code Officer within the time allowed under Subsection J, Time of decision, the appeal is denied. The Board may amend the failed motion or resolution and vote on the amended motion or resolution within the time allowed without being subject to the rehearing process as set forth in Subsection N, Rehearing.