East Aurora, NY Zoning Ordinance

Prior to submitting a formal application, it is recommended that applicant request a sketch plan meeting with the reviewing board to discuss the project and determine the procedure for moving forward with an application.

The purpose of the sketch plan meeting is to provide the applicant with the opportunity to seek nonbinding, advisory direction from the Village to better prepare the applicant and application for the review process.

A sketch plan meeting may occur at any scheduled meeting of the reviewing board. Any comment provided by the reviewing board shall not be construed as a formal decision or be legally binding in any way.

Materials presented as part of a sketch plan may be incomplete and/or conceptual in design. A formal application is required for official review and approval of the project.

Acceptance of application.

Applications where required by this chapter shall be submitted to the CEO. The property or building owner, their agent, or lessee, purchaser or tenant, with legally binding and written permission of the owner, may file applications.

All materials and maps shall be provided by the applicant in the number and form required by the reviewing board, unless otherwise waived by the reviewing board.

Applications must be submitted to the CEO at least two weeks prior to the regularly scheduled board meeting to be considered at such meeting.

The CEO shall indicate that an application is considered accepted and ready for processing only if it is submitted in the required number and form, includes all required materials, and is accompanied by the required filing fee.

The acceptance of an application by the CEO shall in no way be interpreted to include a determination of the completeness, adequacy, or accuracy of application materials, but rather serve as an acknowledgement to the receipt of all initially required application materials. The CEO may consult with other Village departments or divisions, officials, or review boards in making such a determination.

If an application is determined to be unacceptable, the CEO must provide paper or electronic written notice to the applicant along with an explanation of all known deficiencies in the application that will prevent competent review. No further processing of the application will occur until the deficiencies are corrected. If the deficiencies are not corrected by the applicant within 30 days, the application will be considered withdrawn. No further processing of unacceptable applications will occur; any incomplete applications will be pulled from the processing cycle. When the deficiencies are corrected, the application will be placed in the next available processing cycle.

(7)

Prior to issuing a decision on an accepted application, the reviewing board shall make a formal determination that the application is complete.

§ 285-50.2 Public hearings and notices.

Public hearings.

A public hearing shall be required for all special use permit applications. The reviewing board shall schedule and conduct a public hearing for site plan review or other permit applications.

The reviewing board may review special use permit and site plan applications for a single property or use concurrently and may conduct concurrent public hearings if desired.

Within 62 days from the receipt of a complete application, the reviewing board must convene a public hearing on the application in question.

Public notice required.

Per New York State Village Law, public notice shall be made for all public hearings held by the Village of East Aurora. Public notice shall be made in the form of a mailed notice, media notice, and posted notice, where applicable.

All public notices shall be made at least five days prior to the date of the scheduled public hearing.

Mailed notices.

The Village Clerk shall notify by mail the owners of all real property as shown on the current tax map, located within 500 feet of the property that is the subject of the hearing.

The Village Clerk shall give public notice by mail or electronic transmission to the clerks of adjoining municipalities whose boundaries are located within 500 feet of the property that is the subject of the hearing.

The Village Clerk shall give public notice by mail or electronic transmission to the County Planning Department when the hearing concerns property adjacent to an existing county road or proposed road shown on the official county map, adjoining other county land or situated within 500 feet of a municipal boundary.

The applicant shall be required to pay an additional fee as set by the Village Board for the mailing and publishing of a public notice. If said fee is not received within 30 days of the request, the application shall be considered withdrawn or any such decision rendered shall be considered null and void.

Media notices. The Village Clerk shall give public notice of a public hearing by causing publication of a notice in the Village's official newspaper or with local media and on the Village's official website.

Posted notices.

A public hearing notice shall be posted in a location plainly visible within the Village Hall of East Aurora.

Where a specific property is subject to a public hearing, at least one sign of public notice shall be posted on the property in a location that is plainly visible to passers-by. It shall be the responsibility of the applicant to obtain such sign(s) of public notice from the Village and erect it in accordance with the time and place requirements defined herein.

Public notice content. The content of public notices should be in conformance with New York State Village Law and:

Indicate the date, time, and place of the public hearing or date of action that is the subject of the notice;

Describe any property involved in the application by street address or by general description;

Describe the general nature, scope, and purpose of the application or proposal; and

Indicate where additional information on the matter can be obtained.

§ 285-50.3 Review board action.

Within 62 days following the close of the public hearing, the reviewing board shall issue a decision by majority vote to approve, approve with conditions or modifications, or deny the proposed application.

Applications shall be reviewed based on all applicable criteria within this chapter as well as additional local, county, state, or federal laws and regulations.

Decisions shall contain written findings explaining the rationale for the decisions considering the standards contained in this chapter. A copy of the decision shall be immediately filed in the Village Clerk's Office and mailed to the applicant.

In all cases, the burden is on the applicant to show that an application complies with all applicable review or approval criteria. Applications must address relevant review and decision-making criteria.

§ 285-50.4 Referrals.

The reviewing board may request additional information from any Village department or division to assist in the review of an application.

The reviewing board may seek the opinion of any legal, engineering, design, or other professional to aid in the review of an application. Any such costs incurred as a result of seeking professional aid shall be reimbursed by the applicant.

The Village shall refer all materials to the Erie County Planning Department pursuant to New York State General Municipal Law, as amended. This shall include, but is not limited to, any application affecting the following:

Real property within 500 feet of the boundary of an adjacent municipality;

The boundary of any existing or proposed county or state park or other recreational area;

The boundary of any existing or proposed county or state roadway;

The boundary of any existing or proposed right-of-way for a stream or drainage channel owned by the county for which the county has established channel lines;

The boundary of any existing or proposed county- or state-owned land; or

The boundary of a farm operation within an agricultural district as defined in Article 25AA of the New York State Agriculture and Markets Law.

No action shall be taken on applications referred to the County Planning Department until its recommendation has been received, or until 30 days have elapsed after the county's receipt of the application, unless the county and Village agree to an extension beyond the thirty-day requirement.

A majority plus one vote of the review board, otherwise known as a super majority, shall be required to grant any application approval that receives a recommendation of disapproval from the county. A resolution must also be filed setting forth the reasons for such contrary action.

§ 285-50.5 Expiration, change of use, revocation, and enforcement.

The approval of an application shall expire if one of any of the following occur:

The approved use or uses cease operation for more than six consecutive months for any reason;

The applicant fails to obtain necessary building permit(s) or certificate of occupancy within six months of the approval date;

The applicant fails to comply with the conditions of the application's approval within six months of the date of issuance or completion of construction, where applicable;

The applicant fails to initiate construction within 12 months of the approval date and no written request for extension has been approved by the Village Board;

The applicant fails to complete construction within two years of the approval date and no written request for extension has been approved by the Village Board; or

A permit's time limit expires without renewal.

The reviewing board may revoke approval if the applicant violates the conditions of the approval or engages in any construction or alteration not authorized by the approval. Any violation of the conditions of an approval shall be deemed a violation of this chapter, and shall be subject to enforcement action as provided herein.

The Village reserves the right to revoke any permit or approval that is not validly issued or is not in conformance with this chapter.

§ 285-50.6 State Environmental Quality Review Act (SEQRA) compliance.

All applications, where required by New York State Law, shall fulfill the New York State Environmental Quality Review (SEQR) requirement.

SEQR is a New York statute that became law on August 1, 1975. The text of SEQR is found in Article 8 of the New York Environmental Conservation Law. The SEQR regulations provide a guideline for local officials to ensure compliance with SEQR. The regulations are found in Part 617 of the New York Code of Rules and Regulations (6 NYCRR Part 617). Where requirements of this section may come in conflict with SEQRA law, the state regulations shall supersede.

The lead agency, often the Village Board, shall make a determination of the SEQRA classification for all applications. These determinations may fall under the following:

Type I Actions. Type I actions (listed under 6 NYCRR Part 617.4) meet or exceed thresholds listed in the statewide or agency SEQR regulations. Type I actions require the completion of a full environmental assessment form (EAF). Type I actions include, but are not limited to:

Nonresidential projects physically altering 10 or more acres of land.

Zoning changes affecting 25 or more acres.

Type II Actions. Type II actions (listed under 6 NYCRR Part 617.5) are determined not to have a significant adverse impact on the environment; therefore, Type II actions do not require further review. Some examples include:

Rebuilding or replacement of facilities, in kind, on the same site.

Minor structures, such as garages, barns or home swimming pools, routine permit and license renewals with no substantial change in permitted activities.

Construction or expansion of either primary or accessory nonresidential structures with less than 4,000 square feet of gross floor space.

Constructing or expanding a single-, two- or three-family residence on an approved lot.

Routine activities of educational institutions, including expansions of existing facilities by less than 10,000 square feet.

(f)

Maintenance and repair activities.

(g)

Emergency actions.

Unlisted actions. Unlisted actions do not meet the Type I thresholds, but still require the completion of either a full or short form EAF. Some examples include:

Nonresidential projects physically altering less than 10 acres of land.

Parking for less than 1,000 cars.

Sale, purchase, lease or other transfer of fewer than 100 acres of land by government entity.

Adoption of regulations, ordinances, local laws and resolutions that may affect the environment.

Other activities not specifically listed in either 6 NYCRR Parts 617.4 or 617.5.

If the lead agency, through the completion of an EAF, determines an action not to have a significant adverse environmental impact, a negative declaration is prepared. If an action is determined to potentially have significant adverse environmental impacts, a draft and final environmental impact statement (EIS) is required.

Applicants may be responsible for preparing the required draft and final EIS at the request of the reviewing board. Should the applicant defer to the Village for the preparation of a draft and/or final EIS, a written agreement for reimbursement to the Village for such expense shall be required.

When actions consist of several steps or sets of activities, the entire set must be considered the action, even if several separate agencies are involved. Therefore, in the case of an application requiring both special use permit and site plan review approval, the SEQR documentation shall list the special use permit and site plan as a joint action.

The Village Board may request the completion of a full EAF by the applicant if it is deemed more appropriate for proper review of the application.

§ 285-51.1 Intent.

The intent of the site plan review process is to preserve and enhance the character of a neighborhood, achieve compatibility with adjacent development, mitigate potentially negative impacts on traffic, parking, drainage and similar environmental concerns, improve the overall visual and aesthetic quality of the Village, and increase the capability of the Zoning Code to adapt to a variety of unique circumstances.

§ 285-51.2 Applicability.

Site plan review shall be required in accordance with New York State Village Law. No building permit may be issued, or site improvement work commence, until site plan approval has been granted.

Site plan review shall be required for the following actions:

New construction, excluding interior renovations and exterior handicap access facilities.

Demolition of existing structures greater than 500 square feet.

Exterior alterations for which a building permit is required.

New or expanded parking areas.

The following actions are exempt from site plan review:

Construction of a single- or two-family dwelling on a single lot.

Construction of permitted accessory structures to single- and two-family dwellings.

Ordinary repair or maintenance or interior alterations to existing structures or uses.

Maintenance or replacement of existing sign structures or placement of signs in all districts.

§ 285-51.3 Application requirements.

Applications shall be received and processed as outlined in Article 50 of this chapter.

An application for site plan review shall include the following materials, as applicable. A licensed professional engineer or registered land surveyor shall prepare all site plan materials unless otherwise approved by the Village Board.

Site plan review application form, including the name, address, and signature of the applicant, owner of record, and developer, and seal(s) of the engineer, architect, or landscape architect who prepared the site plan materials.

Description or narrative of all proposed uses and structures, including but not limited to hours of operation, number of employees, maximum seat capacity, and proposed number of off-street vehicle and bicycle parking spaces.

A site plan drawn at a scale of one inch equals 20 feet or such other scale as the Village Board may deem appropriate, on standard twenty-four-inch-by-thirty-six-inch sheets, with continuation on eight-and-one-half-inch-by-eleven-inch sheets as necessary for written information.

A certified land survey showing the boundaries of the applicant's property under consideration in its current state plotted to scale with the North point, scale, and date clearly indicated, or other document deemed acceptable by the reviewing board.

Plans indicating the following with regard to the property in question, where applicable.

The location of all properties, their ownership, uses thereon, subdivisions, streets, easements, and adjacent buildings within 300 feet of the property in question.

The location and use of all existing and proposed structures on the property in question, including all dimensions of height and floor area, exterior entrances, and anticipated future additions and alterations.

The location of all existing and proposed topography features, including, but not limited to, site grading, open spaces, woodlands, watercourses, steep slopes, wetlands, floodplains, and watersheds.

The location of existing and proposed landscaping, screening, walls, and fences, including information regarding the size and type of plants and building materials proposed.

The location of existing and proposed public and private streets, off-street parking areas, loading areas, driveways, sidewalks, ramps, curbs, and paths. Such plans shall include considerations for vehicular, pedestrian, and bicycle traffic circulation, parking, and access.

(f)

The location of existing and proposed utility systems including sewage or septic, water supply, telephone, cable, electric, and stormwater drainage. Stormwater drainage systems shall include existing and proposed drain lines, culverts, catch basins, headwalls, endwalls, hydrants, manholes, and drainage swales.

(g)

The location, height, intensity, and bulb type (sodium, incandescent, etc.) of all external lighting fixtures. The direction of illumination and methods to eliminate glare onto adjoining properties must also be shown.

(h)

The location, height, size, material, and design of all existing and proposed signs.

The Village Board may request a detailed traffic study, including:

The projected number of motor vehicle trips to enter or leave the site, estimated for daily and peak hour traffic levels;

The projected traffic flow pattern including vehicular movements at all major intersections likely to be affected by the proposed use of the site;

The impact of this traffic upon existing abutting public and private ways in relation to existing road capacities. Existing and proposed daily and peak hour traffic levels and road capacity levels shall also be given.

(7)

Elevations at a scale of 1/4 inch equals one foot for all exterior facades of the proposed structure(s) and/or alterations to or expansions of existing facades, showing design features and indicating the type and color or materials to be used.

(8)

The Village Board may require soil logs, test well, percolation test results, stormwater runoff calculations, and tree surveys.

(9)

Plans for disposal of construction and demolition waste, either on-site or at an approved disposal facility.

(10)

Plans to prevent the pollution of surface or groundwater, erosion of soil both during and after construction, excessive runoff, excessive raising or lowering of the water table, and flooding of other properties, as applicable.

(11)

A schedule for completion of each construction phase for buildings, parking, and landscaped areas.

(12)

All New York State SEQR documentation as required by law.

(13)

All required fees and reimbursements, and an escrow deposit to cover professional review costs, if required.

The Village Board may waive any of the previously listed requirements with the determination that they are unnecessary for a complete assessment of the project.

The Village Board may also request additional information beyond what is listed in this section and may ask that it be presented in graphic form accompanied by a written text, and/or prepared by a licensed professional if such additional materials are deemed necessary for a complete assessment of the site plan.

§ 285-51.4 Site plan review criteria.

The Village Board shall review the site plan and supporting data before approval, approval with modifications, or disapproval of such site plan, taking into consideration the following:

Adequacy and arrangement of vehicular traffic and circulation, including intersections, road widths, channelization structures and traffic controls.

Adequacy and arrangement of pedestrian and bicyclist access and circulation, including separation from vehicular traffic where appropriate and connection both internally and externally to the site.

Relationship of proposed uses to existing adjacent uses, including but not limited to landscape transitions, buffering, and harmony of uses.

Adequacy of landscaping and site treatment, including but not limited to plant types and sizes, hardscape elements, lighting, setbacks, protection of adjacent residential uses.

Relationship of proposed buildings to the site, including but not limited to building placement, access, pedestrian movement, parking, and building scale.

Appropriateness of building design, including but not limited to design quality and relationship to surrounding building scale, style, materials, and sightlines.

(7)

Location, arrangement, size, design and general site compatibility of lighting and signs.

(8)

Adequacy of interior circulation for emergency vehicle access.

(9)

Adequacy of water supply, stormwater, and sanitary waste disposal facilities.

(10)

Conformance with this chapter and the Village's Comprehensive Plan.

The Village Board may require changes or additions in relation to yards, driveways, landscaping, buffer zones, etc., to ensure safety, to minimize traffic difficulties and to safeguard adjacent properties. Should the Village Board require changes or additional facilities, final approval of site plan shall be conditional upon satisfactory compliance by applicant in making the changes or additions.

Any applicant wishing to make changes in an approved site plan shall submit a revised site plan to the Village Board for review and approval.

§ 285-51.5 Planning Commission recommendation required.

Prior to Village Board review and the issuance of a final decision, site plan applications shall be reviewed by the Planning Commission. The Planning Commission shall provide a recommendation of approval, conditional approval, or disapproval of the site plan to the Village Board. This review and issuance of recommendation shall follow the application procedures of Article 50 of this chapter. A copy of the appropriate Planning Commission minutes shall be a sufficient report.

For site plan applications of minor projects, the Village Board may waive the requirement for Planning Commission review and recommendation with written agreement by the applicant.

§ 285-51.6 Village Board action.

The Village Board shall hold a public hearing for the review of any site plan application. Notice of said hearing shall be given in accordance with Article 50 of this chapter.

[Amended 5-4-2020 by L.L. No. 2-2020]

Upon issuing a decision, the Village Board shall provide a written statement to the applicant stating whether or not the site plan is approved, conditionally approved, or disapproved. A copy of the appropriate Village Board minutes shall be a sufficient report.

Upon approval, the Village Board shall endorse its approval on a copy of the site plan and shall immediately file it and the written statement of approval with the Village Clerk. All approvals shall be conditional upon final approval by the Building Inspector, as appropriate, of all construction designs and specifications.

The Village Board may conditionally approve a site plan. After adequate demonstration to the Village Board that all conditions have been met, the Village Board shall endorse its approval on a copy of the site plan and shall immediately file it and the written statement of approval with the Village Clerk. All approvals shall be conditional upon final approval by the Building Inspector, as appropriate, of all construction designs and specifications.

Upon disapproval of a site plan, the decision of the Village Board shall immediately be filed with the Village Clerk.

A copy of the written decision statement shall be mailed to the applicant in all cases. The appropriate Village Board minutes shall be a sufficient report.

§ 285-52.1 Applicability.

A special use permit application shall be submitted for any proposed use or activity requiring a special use permit under this chapter. Such applications shall be subject to the review and approval procedures of Article 50 of this chapter. The Village Board shall hear and decide all applications for special use permits.

Special uses are generally considered to be uses that have a higher potential for incompatibility with adjacent uses. By requiring the individual review of special use permit applications, the Village Board helps to determine the level of compatibility of a use in its proposed location.

Once granted, a special use permit shall remain in full force and effect for the specific use only. Any change of use which results in a departure from operations and conditions authorized under the existing special use permit shall require the review and issuance of a new permit. Any change in ownership of the property, the applicant, user, or person or entity originally granted such special use permit shall require the review and issuance of a new permit.

[Amended 2-7-2022 by L.L. No. 4-2022]

§ 285-52.2 Special use permit application requirements.

An applicant for a special use permit shall submit:

A special use permit application form, including the name, address, and signature of the applicant, owner of record, and developer.

A description or narrative of all proposed uses and structures, including but not limited to hours of operation, number of employees, maximum seat capacity, and required number of parking spaces.

A narrative report describing how the proposed use will satisfy the criteria set forth in the special use permit review criteria of this chapter, as well as any other applicable requirements relating to the specific use proposed.

All SEQR documentation as required by New York State law.

The special use permit application fee, as established by the Village Board, and any required escrow deposit for review costs, as required by the Village Board.

The Village Board may waive special use permit application requirements, as it deems appropriate, through a written agreement with the applicant.

§ 285-52.3 Special use permit considerations.

In granting or denying special use permits, the Village Board shall take into consideration:

The compatibility of scale of the proposed project to surrounding uses;

The potential for the proposed use to have negative impacts, such as traffic or noise, on neighboring uses;

The economically viable use of property;

The existence or proposition measures that would tend to mitigate potential adverse impacts and preserve or enhance the traditional character of the Village.

Any applicable requirements of Article 31, Regulations for Certain Uses, of this chapter.

The Village Board may request the review and recommendation of a special use permit application by the Planning Commission. Such review would follow the application procedures of Article 50 of this chapter and authorize the Planning Commission to waive or require additional application materials.

§ 285-52.4 Special use permit review criteria.

Before issuing a decision for a special use permit, the Village Board shall make specific written findings that the proposed use:

Will be generally consistent with the goals of the Village Comprehensive Plan;

Will meet all relevant criteria set forth in this chapter;

Will be compatible with existing uses adjacent to and near the property;

Will not create a hazard to health, safety or the general welfare of the public;

Will not alter the essential character of the neighborhood nor be detrimental to the neighborhood residents;

Will not be a nuisance to neighboring land uses in terms of the production of obnoxious or objectionable noise, dust, glare, odor, refuse, fumes, vibrations, unsightliness, contamination or other similar conditions;

Will not cause undue harm to or destroy existing sensitive natural features on the site or in the surrounding area or cause adverse environmental impacts such as significant erosion and/or sedimentation, slope destruction, flooding or ponding of water, or degradation of water quality;

Will not destroy or adversely impact significant historic and/or cultural resource sites;

Will provide adequate landscaping, screening or buffering between adjacent uses which are incompatible with the proposed project; and

Will not otherwise be detrimental to the public convenience and welfare.

§ 285-52.5 Conditions on special use permits.

The Village Board may impose conditions on or require modifications of the premises benefited by a special use permit as may be necessary to prevent or minimize adverse effects upon other property in the neighborhood, including limitations on the time for which the permit is granted. Such conditions shall be expressly set forth in the motion authorizing the special use permit.

§ 285-52.6 Revocation of special use permit.

[Amended 5-4-2020 by L.L. No. 2-2020; 10-21-2024 by L.L. No. 10-2024]

A special use permit issued herein shall be revocable at the option of the Village Board in the event of any violation of any terms and conditions of such special use permit.

A special use permit shall authorize only one special use and shall expire if the special use ceases operation for more than six consecutive months for any reason.

In the event that a special use permit is not in use within six months from the date it was granted, the applicant shall be present at a regularly scheduled meeting of the Board prior to the end of the six-month period for purposes of providing such information and evidence as the Board may require to substantiate the need for an extension of the time period for the special use permit. Nothing herein shall prevent the Board, upon notice and an opportunity to be heard to the applicant, from revoking the special use permit at that time.

Under all circumstances, the special use permit shall automatically expire one year from the date of the grant unless the reason for the issuance of the permit has been fully realized and all terms and conditions related thereto have been fully met.

§ 285-52.7 Amendments to approved special use permits.

Proposed amendments or revisions to an approved special use permit shall be subject to review and approval in accordance with this article. The issuance of a new, updated special use permit shall be required.

§ 285-52.8 Temporary use permits.

Applicability.

Uses requiring the issuance of a temporary use permit by the Village Board, include, but are not limited to, the following:

Public or private sales or events proposed to be located on public property or requiring the use of or impacting public property and/or services, such as sidewalks, streets, or policing.

Public or private sales or events that are proposed to be conducted over a period of two or more days consecutively.

Public or private sales or events that are anticipated to increase off-street parking demand beyond what is available on the site in which they are to be located.

A permit under this article shall be applied for and issued to a sponsoring organization providing a person or persons are designated by the sponsoring organization with the responsibility of overseeing the activity.

Residential garage, lawn, yard, or rummage sales shall be allowed without zoning permits provided that no more than two such sales are held on a single property in any twelve-month period for a maximum duration of no more than seven days, with a minimum of seven days between the ending of a sale and the beginning of a new sale. At the end of a sale, all items that are for sale shall be moved so as not to be visible from the public right-of-way.

Application requirements.

Applications for a temporary use permit shall be made to the Village Clerk at least 30 days prior to the proposed sale or event. If an event is planned and held for which a temporary use permit is required, however no timely application is made for said permit, then the Village may require that a permit application be made and approved retroactively. In these cases, the permit fee required to be paid shall be double. Or, the Village shall have the right and option to inform event organizers that the event may not be held and must be canceled due to the permitting process not being followed and completed in a timely manner.

[Amended 5-16-2022 by L.L. No. 7-2022]

The application shall be on forms supplied by the Village and shall provide information as may be necessary to establish compliance with this section, including but not limited to the following:

The name, address and telephone number of the applicant.

The name, address and telephone number of the owner or owners of the property.

The date and time the activity or use is to be conducted.

A description of the activity or use.

A schematic drawing of the premises, indicating the area to be occupied for which a special use permit is required.

(f)

A completed certificate of insurance with the minimum limits as established by the Village Board and on file in the Village Clerk's office. The certificate of insurance shall be endorsed to include the Village of East Aurora as an additional named insured.

(g)

An indemnification agreement on the organization's letterhead, signed by the authorized applicant or officer of the company and duly notarized.

(h)

The permit fee as provided for in Chapter 137, Article II, of the Village Code.

(i)

A street closure request, as applicable.

(j)

For any event which publicizes that money shall be raised and donated to one or more charitable organizations, such publicity shall include the percentage of the portion of the event proceeds which shall be donated, and also list the organization(s) to which the donation(s) shall be made. This information shall also be included on the temporary use permit application.

[Added 5-16-2022 by L.L. No. 7-2022]

Review procedure. The Village Clerk shall be responsible for the review and issuance of decision for temporary use permits.

Village Board action.

The Village Board shall, by resolution, approve or deny any application for a temporary use permit. Such decision shall be filed with the Village Clerk and provided to the applicant with written findings.

The Village Board may impose any additional terms and conditions that such Board may find necessary to promote the general health, welfare and safety of the inhabitants of the Village of East Aurora.

The temporary use permit issued herein shall be revocable at the option of the Village Board in the event of any violation of this section or the terms and conditions of such permit imposed by the Village Board.

Public notice. The Village Clerk shall post public notice of any street closure and provide a mailed notice to all property owners affected by the closure.

Temporary parking. In the case of temporary off-street parking lots where there are practical difficulties or unnecessary hardships in providing sufficient parking in accordance with Article 40 of this chapter, the Village Board may modify the requirements as a condition of temporary use permit approval. Said conditions must:

Describe the premises to be so used for temporary off-street parking.

Prescribe alternative and/or modified surfacing, screening and lighting requirements.

Prescribe the duration of the temporary period to which the special use permit shall pertain.

[Amended 5-4-2020 by L.L. No. 2-2020]

Prescribe any further conditions that the Village Board deems to be necessary to protect the health, safety, and welfare of the public.

§ 285-53.1 Code Enforcement Officer (CEO).

This chapter shall be administered and enforced by the Code Enforcement Officer (CEO), or as otherwise specifically designated herein.

It shall be the duty of the CEO to secure the enforcement of this chapter, subject to the rules, laws, regulations and local laws of the Village of East Aurora. Such duties include, but are not limited to:

Determining completeness of applications as outlined in Article 50 of this chapter;

Issuing all permits or certificates required by this chapter. No building permit or certificate of occupancy shall be granted by for any purpose except in compliance with the provisions of this chapter;

Issuing a written notice of violation to any person, firm or corporation violating any provisions of this chapter;

Keeping all records of applications, permits or certificates issued or variances granted, inspections made, reports rendered and notices or orders issued;

Making all inspections as required by this chapter, the Village Board, and New York State Village Law; and

Performing all other duties as provided in this chapter and/or New York State Village Law.

§ 285-53.2 Village Board.

Establishment. The establishment of the Village of East Aurora Board of Trustees is provided for in Chapter 5 of the Village Code. Where noted in this chapter, the Village Board shall have full authority to administer and enforce this chapter.

Conduct. As administrators and enforcers of this chapter, the Village Board is hereby entitled to the following methods of conduct:

The Village Board may adopt rules for the conduct of its business consistent with statute and this chapter.

The Village Board may appoint clerks or other employees serving at its pleasure. The Village Board may also appoint clerks or other employees to serve at the pleasure of the Planning Commission or Zoning Board of Appeals.

The Village Board may seek recommendations from other boards, commissions, agencies, or professionals as it deems appropriate.

Hearings shall be public, and decisions shall be voted upon at public sessions. The Village Board may otherwise hold executive sessions in accordance with the New York State Open Meetings Law.

Minutes. The Village Clerk, or the Village Clerk's designee, shall keep minutes of all proceedings before the Village Board.

Powers and duties. The Village Board's powers and duties with respect to this chapter shall include final authority on the following:

Amendments to the Zoning Map (rezoning);

Amendments to the text of this chapter;

Site plan review;

Special use permits; and

Subdivision review.

§ 285-53.3 Planning Commission.

Establishment. Per § 7-718 of New York State Village Law, the Planning Commission previously established under local law and still in existence at the time of this chapter's enactment shall hereby be continued and is so appointed to have the powers and duties provided a Planning Board in New York State Village Law.

Membership, terms, and appointments.

The Planning Commission shall consist of seven members appointed by the Village Board, of which one shall be appointed to serve as the Planning Commission Chairperson.

Planning Commission members may include Village of East Aurora residents, property owners, or business owners.

The terms of the members of the Planning Commission shall be three years each with rolling terms.

The Village Board may appoint additional clerks or other employees serving at its pleasure to assist the Planning Commission.

Vacancy. If a vacancy occurs other than by expiration of term, the Village Board shall appoint a new member for the unexpired term.

Alternate members. The position of alternate Planning Commission member is hereby created for purposes of substituting for members in the event that a Planning Commission member is unable to serve because of a conflict of interest or for any other reason.

Such alternate Planning Commission members shall be appointed by resolution of the Village Board, for terms established by the Village Board.

The Planning Commission Chairperson may designate an alternate member to substitute for a Planning Commission member when such member is unable to participate due to a conflict of interest or is otherwise unavailable to participate on an application or matter before the Commission, provided that the Village Board has appointed such alternate member to the position of alternate member.

When so designated, such alternate member shall have all the powers and responsibilities of such member of the Board. Such designation shall be entered into the minutes of the initial Planning Commission meeting at which the designation occurred.

All other provisions of law relating to Planning Commission member training, and continuing education, attendance, conflict of interest, compensation, eligibility, vacancy in office, removal and service on other boards shall also apply to alternate members.

Member training. Planning Commission members are required to meet the minimum training requirements each year set forth by New York State Village Law.

Compensation. Planning Commission members shall serve without compensation.

Conduct.

The Planning Commission may adopt rules for the conduct of its business consistent with statute and this chapter.

In the absence of a Chairperson, the Planning Commission may designate a member to serve as acting Chairperson.

The Chairperson of the Planning Commission, or in the Chairperson's absence the acting Chairperson, may administer oaths and compel the attendance of witnesses in the manner and to the extent permitted by New York State Village Law and the Civil Practice Law and Rules.

The Planning Commission may seek recommendations from Village departments, other boards, and other agencies, as it deems appropriate.

Hearings shall be public, and decisions shall be voted upon at public sessions. The Planning Commission may otherwise hold executive sessions in accordance with the New York State Open Meetings Law.

The Planning Commission may provide for compensation to be paid to experts, clerks, and a secretary and provide for such other expenses as may be necessary and proper, not exceeding the appropriation made by the Village Board for such purpose.

Minutes. The Village Clerk, or the Village Clerk's designee, shall keep minutes of all proceedings before the Planning Commission.

Removal. The Village Board shall have the power to remove, after public hearing, any member of the Planning Commission for cause. Any Planning Commission member may be removed for noncompliance with minimum requirements relating to meeting attendance and training as established by local law and New York State Village Law.

Power and duties. Pursuant to this article and New York State Village Law, the Planning Commission is hereby authorized and empowered with review and advisory authority as follows:

Amendments to the Zoning Map (rezoning);

Amendments to the text of this chapter;

Site plan review;

Special use permits;

Subdivision review.

Additional powers. The Planning Commission may exercise additional powers as directed by the Village Board and as may be described elsewhere in this chapter and as permitted by New York State Village Law.

§ 285-53.4 Zoning Board of Appeals (ZBA).

Establishment.

The Zoning Board of Appeals (ZBA) is established under the provisions of New York State Village Law and by this article.

The ZBA as constituted on the effective date of this chapter is hereby continued.

Membership.

The ZBA shall consist of five members appointed by the Mayor, subject to approval of the Village Board. The Mayor, subject to approval of the Village Board, shall appoint one ZBA member as the Chairperson.

[Amended 5-4-2020 by L.L. No. 2-2020]

Members of the ZBA shall be appointed for a five-year term.

No person who is a member of the Village Board shall be eligible for membership on such ZBA.

In making such appointment, the Village Board may require ZBA members to complete training and continuing education courses in accordance with any local or state requirements for the training of such members.

Vacancy. If a vacancy occurs other than by expiration of term, the Mayor shall appoint a new member for the unexpired term.

[Amended 5-4-2020 by L.L. No. 2-2020]

Alternate members. The position of alternate ZBA member is hereby created for purposes of substituting for members in the event that a ZBA member is unable to serve because of a conflict of interest or for any other reason.

Such alternate ZBA members shall be appointed by the Mayor, subject to approval of the Board of Trustees, for terms established by the Village Board.

[Amended 5-4-2020 by L.L. No. 2-2020]

The ZBA Chairperson may designate an alternate member to substitute for a ZBA member when such member is unable to participate due to a conflict of interest or is otherwise unavailable to participate on an application or matter before the Commission, provided that the Village Board has appointed such alternate member to the position of alternate member.

All other provisions of law relating to ZBA member training, and continuing education, attendance, conflict of interest, compensation, eligibility, vacancy in office, removal and service on other boards shall also apply to alternate members.

Member training. ZBA members are required to meet the minimum training requirements each year set forth by New York State Village Law.

Conduct.

The ZBA may adopt rules for the conduct of its business consistent with statute and this chapter.

In the absence of a Chairperson, the ZBA may designate a member to serve as acting Chairperson.

The Chairperson of the ZBA, or in the Chairperson's absence the acting Chairperson, may administer oaths and compel the attendance of witnesses in the manner and to the extent permitted by New York State Village Law and the Civil Practice Law and Rules.

The ZBA may seek recommendations from Village departments, the Planning Commission, other boards, and other agencies, as it deems appropriate.

Hearings shall be public, and decisions shall be voted upon at public sessions. The ZBA may otherwise hold executive sessions in accordance with the New York State Open Meetings Law.

The ZBA may provide for compensation to be paid to experts, clerks, and a secretary and provide for such other expenses as may be necessary and proper, not exceeding the appropriation made by the Village Board for such purpose.

Minutes. The Village Clerk, or the Village Clerk's designee, shall keep minutes of all proceedings before the ZBA.

Removal. The Village Board shall have the power to remove, after public hearing, any member of the ZBA for cause. Any ZBA member may be removed for noncompliance with minimum requirements relating to meeting attendance and training as established by local law and New York State Village Law.

Powers and duties. The ZBA shall be responsible for final action regarding the following:

Variances;

Appeals; and

Zoning Code interpretations.

Additional powers. The ZBA may exercise additional powers as directed by the Village Board and as may be described elsewhere in this chapter and as permitted by New York State Law.

§ 285-53.5 Demolition and building permits.

[Amended 8-21-2023 by L.L. No. 9-2023]

No person or persons shall commence to erect, construct, alter, or change the nature or the type of occupancy of any land, building or structure within the Village of East Aurora until the owner of the land upon which it is proposed to so erect, construct, alter, demolish or change the nature or the type of occupancy of any such land, building or structure has applied for and obtained a building permit for the same from the CEO.

(Reserved)

Demolition of an existing building or structure greater than 500 square feet and more than 50 years old must obtain a demolition permit in accordance with Chapter 112 of the East Aurora Village Code.

No building permit may be issued without first obtaining site plan approval for a new development plan as provided for in Article 51 of this chapter.

A building permit issued by the CEO pursuant to this section shall be valid for a period of one year from the date of issue. Building permits for pools issued by the CEO shall be valid for a period of three months from the date of issue.

§ 285-53.7 Certificate of zoning compliance.

It shall be unlawful to use or permit the use of any building or premises or part thereof hereafter erected, constructed, altered, moved or converted or of any building or premises or part thereof changed or converted to a different use until a certificate of zoning compliance shall have been issued by the CEO. Such certificate shall show that such building or premises or part thereof and the proposed use thereof are in conformity with the provisions of this chapter. An application for a certificate of zoning compliance shall be on forms supplied by the CEO, shall include an agreement to comply with this chapter and all other laws, ordinances and regulations that may be applicable, and shall be signed by the owner. It shall be the duty of the CEO, after having determined that the building and the proposed use thereof conform with all the requirements herein set forth, to issue a certificate of zoning compliance within five days after the application for the same shall have been filed in the code enforcement office.

In addition, upon written request by the owner, the CEO shall inspect any building, other structure or tract of land existing on the effective date of this chapter and shall issue a certificate of zoning compliance certifying the use of the building, other structure or tract of land and whether such use conforms to all the provisions of this chapter.

§ 285-53.8 Inspections.

The CEO is hereby empowered to cause any building, other structure or tract of land to be inspected and examined and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provisions of this chapter. After any such order has been served, no work shall proceed on any building, other structure or tract of land covered by such order, except to correct the violation or to comply with such order.

§ 285-53.9 Penalties for offenses.

Violations of any of the provisions of this chapter shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both. Each day's continuance of a violation after notice shall be deemed a separate and distinct violation and shall be punishable accordingly.

§ 285-54.1 Applicability.

The Zoning Board of Appeals (ZBA) shall have the power, on appeal from the decision or determination of any administrative official charged with enforcement of this chapter, to reverse or affirm, wholly or partly, or modify an order, requirement, decision, interpretation, or determination by the granting of either use variances or area variances as authorized by New York State Village Law. The variance procedures may not be used to:

Waive, modify or otherwise vary any of the review and approval procedures of this article; or

Waive, vary, modify or otherwise override a condition of approval or requirement imposed by another authorized board or commission.

§ 285-54.2 Burden of proof.

The applicant seeking the variance shall have the burden of presenting sufficient evidence to allow the ZBA to reach a conclusion as set forth below as well as the burden of persuasion on those items.

§ 285-54.3 Approval process.

Application. Applications for zoning variances may be initiated only by the owner of the subject property or by the owner's authorized agent. Complete applications for a zoning variance must be submitted in accordance with Article 50 of this chapter.

Public hearing. Once the application has been determined to be complete, the ZBA must hold at least one public hearing on a proposed zoning variance. Notice of said public hearing shall be provided in accordance with Article 50 of this chapter.

Decisions.

The ZBA shall decide upon the appeal within 62 days after the closing of the public hearing. The time within which the ZBA may render its decision may be extended by mutual consent of the applicant and ZBA.

The ZBA may reverse, modify or affirm, in whole or in part, any such appealed order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as in its opinion ought to be made in strictly applying and interpreting the provisions of this chapter and for such purposes shall have all the powers of the officer from whom the appeal is taken.

The decision of the ZBA shall be filed with the Village Clerk within five business days after the decision is rendered, and a copy mailed to the applicant.

§ 285-54.4 Use variances.

A use variance authorizes the use of land for a purpose that is otherwise not allowed or prohibited by this chapter. A finding of unnecessary hardship is required to properly grant a use variance.

The ZBA shall not grant a use variance without the applicant having shown that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, per New York State Village Law, the applicant shall demonstrate to the ZBA that for each and every permitted use under the zoning regulations for the particular district where the property is located the following conditions exist:

The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;

The alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood;

The requested use variance, if granted, will not alter the essential character of the neighborhood; and

That the alleged hardship has not been self-created.

The ZBA, 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.

§ 285-54.5 Area variances.

An area variance authorizes the use of land that is not allowed by the dimensional or physical requirements set forth in this chapter. An area variance is one that does not involve a use that is otherwise prohibited by this chapter. A finding of practical difficulty is required to properly grant an area variance.

In making its determination, the ZBA 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 following as required by New York State Village Law:

Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance;

Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;

Whether the requested area variance is substantial in relation to the requirement;

Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and

Whether the alleged difficulty was self-created; which consideration shall be relevant to the decision of the Board of Appeals but shall not necessarily preclude the granting of the area variance.

The ZBA, 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.

§ 285-54.6 Imposition of conditions.

The ZBA shall, in the granting of both use variances and area variances, 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 Village Code and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.

§ 285-54.7 Transferability.

Zoning variance approval runs with the land and is not affected by changes of tenancy, ownership, or management.

§ 285-54.8 Amendments.

A request for changes in conditions of approval of a zoning variance must be processed as a new variance application, including the requirements for fees, notices, and hearings.

§ 285-55.1 Applicability.

The Zoning Board of Appeals (ZBA) is authorized to hear and decide appeals where it is alleged there has been an error in interpretation of any zoning code provisions or in any order, requirement, decision, or determination made by the CEO, their designee, or other such administrative official.

§ 285-55.2 Right to appeal.

Appeals may be filed by any person aggrieved by a decision of the CEO, their designee, or other such administrative official. The ZBA is authorized to make determinations about whether individuals filing appeals are "aggrieved by the decision or action."

§ 285-55.3 Application filing.

Appeal applications must be filed in accordance with Article 50 of this chapter.

Appeal applications must be filed within 62 days of the date of the decision being appealed.

Every appeal application shall refer to the specific provision of this chapter involved and shall exactly set forth the interpretation that is claimed.

§ 285-55.4 Stay upon appeal.

An appeal shall stay all proceedings in furtherance of the appealed action, unless the CEO certifies to the ZBA a stay would, in his or her opinion, cause imminent peril to life or property. Then the proceedings shall not be stayed otherwise than by a restraining order granted by the ZBA or by a court of record on application, to the CEO.

§ 285-55.5 Record of decision.

Upon receipt of a complete appeal application, the CEO must transmit to the ZBA all papers constituting the record upon which the action appealed is taken.

§ 285-55.6 Referrals and SEQR.

All appeals shall complete the municipal referral procedure and SEQR documentation where required by New York State General Municipal Law. Additional information may be found in Article 50 of this chapter.

§ 285-55.7 Hearing and final decision.

The ZBA must hold a public hearing on the appeal within 62 days of receiving a complete application. A notice of public hearing on appeals must be provided as required by New York State Village Law and in accordance with Article 50 of this chapter.

The ZBA must take action on the appeal within 62 days of the close of the public hearing.

In exercising the appeal power, the ZBA has all the powers of the official from whom the appeal is taken.

The ZBA may reverse the appeal or affirm the appeal, in whole or in part, or modify the decision being appealed.

In acting on the appeal, the ZBA must grant to the decision or action a presumption of correctness, placing the burden of persuasion of error on the appellant.

A motion for the ZBA to hold a rehearing to review any order, decision or determination not previously reheard may be made by any member of the ZBA. A unanimous vote of all members of the ZBA then present is required for such rehearing to occur. Such rehearing is subject to the same notice provisions as an original hearing. Upon such rehearing the ZBA may reverse, modify or annul its original order, decision or determination upon the unanimous vote of all members then present, provided the ZBA finds that the rights vested in persons acting in good faith in reliance upon the reheard order, decision or determination will not be prejudiced thereby.

§ 285-55.8 Article 78 proceeding.

Any person or persons jointly or severally aggrieved by any decision of the ZBA, Planning Commission, or Village Board may apply to the New York State Supreme Court for review by a proceeding under Article 78 of the Civil Practice Laws and Rules. Such proceeding shall be instituted within 30 days after the filing of the board's decision in the office of the Village Clerk.

Costs shall not be charged to the Village unless it shall appear to the Court that it acted in gross negligence or in bad faith or with malice in making its decision.

§ 285-56.1 Continuation.

Any use which is made a nonconforming use by this chapter or by any subsequent amendments may be continued except as hereinafter provided.

§ 285-56.2 Change in use.

A nonconforming use may be changed to a use of a more restricted classification. Once changed to a conforming use or to a more restricted use, such use thereafter shall not revert to a less restricted use.

§ 285-56.3 Discontinuance.

In any district, whenever a nonconforming use of land, premises, building or structure or any part or portion thereof has been discontinued for a period of one year, such nonconforming use shall not thereafter be reestablished, and all future uses shall be in conformity with the provisions of this chapter. Such discontinuance of the active and continuous operation of such nonconforming use or a part or portion thereof for such period of one year is hereby construed and considered to be an abandonment of such nonconforming use, regardless of any reservations of an intent not to abandon the same or an intent to resume active operations. If actual abandonment in fact is evidenced by the removal of buildings, structures, machinery, equipment and other evidences of such nonconforming use of the land and premises, the abandonment shall be construed and considered to be completed within a period of less than one year, and all rights to reestablish or continue such nonconforming use shall thereupon terminate.

§ 285-56.4 Restoration.

Unless approved by the ZBA, no nonconforming building which has been damaged by fire or other causes to the extent of 50% or more of its equalized assessed value shall be rebuilt or repaired except in conformance with the regulations of this chapter. In such reconstruction, neither the floor area nor the cubical content shall be increased from the original nonconforming building.

§ 285-56.5 Repair or alteration.

Nothing herein shall be deemed to prevent keeping in good repair a nonconforming building or restoration to a safe condition of any structure declared unsafe by the CEO.

§ 285-57.1 Authority to file.

Amendments to the zoning text or Zoning Map (rezonings) may be initiated by the Village Board or by recommendation of the Planning Commission or petition presented to the Village Board. Zoning Map amendment petitions shall be duly signed by the owners of at least 50% of the frontage of the parcels included within the area proposed to be rezoned. Rezoning petitions may be filed by the owner or by the owner's authorized agent.

§ 285-57.2 Notice of hearing.

Notice of required public hearings on zoning text and Zoning Map amendments must be provided as required by the Village Board and by state law (see Article 50 of this chapter for additional information on public hearing notices).

§ 285-57.3 Review and report by Planning Commission.

The Planning Commission must review all proposed zoning text and Zoning Map amendments and prepare a report that evaluates the proposed amendment in light of adopted plans, the relevant provisions of this chapter, and the review criteria of this article.

§ 285-57.4 Referrals.

In accordance with § 239-m of New York State General Municipal Law, zoning text and Zoning Map amendments must be forwarded to the Erie County Planning Department for review prior to the public hearing and final action by the Village Board.

If any proposed amendment consists of a change in the district classification applying to real property within 500 feet of a municipal boundary, the Village Clerk shall serve notice of the proposed amendment to the chief elected official of the affected municipality, prior to the public hearing and final action.

§ 285-57.5 State Environmental Quality Review.

For zoning text and Zoning Map amendment applications subject to SEQR requirements, all required environmental reviews must be completed before final action is taken on the amendment.

§ 285-57.6 Hearing and final action by Village Board.

After receiving Planning Commission's report, the Village Board must deny the proposed amendment or convene its own public hearing on the proposed text and/or map amendment.

Following the public hearing, the Village Board may act to approve, approve with modifications, or deny the proposed amendment. The Village Board may also return the application to the Planning Commission for further consideration.

The Village Board may act by a simple majority vote, except when a valid protest petition has been submitted in accordance with this article and New York State General Municipal Law.

The Village Clerk shall notify, by mail, the petitioner of the action taken by the Village Board.

If the Village Board approves the amendment, supplement, change, or modification to the text of this chapter or Official Zoning Map, the text and/or map shall be amended after publication as required by New York State General Municipal Law.

The Village Board may, in order to protect the public health, safety, welfare and environmental quality of the community, attach to its resolution approving the petition, additional conditions deemed necessary to achieve the review criteria.

§ 285-57.7 Review criteria.

In reviewing and making decisions on zoning amendments the Planning Commission and Village Board must consider at least the following criteria:

Whether the proposed zoning amendment corrects an error or inconsistency in the Zoning Law or meets the challenge of a changing condition;

Whether the proposed amendment is in substantial conformance with the adopted plans and policies of the Village;

Whether the proposed zoning amendment is in the best interests of the municipality as a whole;

Whether public facilities (infrastructure) and services will be adequate to serve development allowed by the requested rezoning, if applicable;

Whether the rezoning will substantially harm the public health, safety, or general welfare or the value of nearby properties, if applicable;

Whether the rezoning is compatible with the zoning and use of nearby properties, if applicable;

The suitability of the subject property for the uses and development to which it has been restricted under the existing zoning regulations, if applicable; and

The gain, if any, to the public health, safety and general welfare due to denial of the application, as compared to the hardship imposed upon the landowner, if any, as a result of denial of the application.

§ 285-57.8 Protest petitions.

A formal protest petition opposing a zoning text and/or map amendment must be submitted to the Village Board or placed on the public record before the Village Board's vote, allowing sufficient time for the municipality to determine the validity of the petition (consult New York State General Municipal Law more information on protest petitions).

A protest petition will be considered "valid" if it is signed by:

The owners of 20% or more of the area of land included in such proposed change;

The owners of 20% or more of the area of land immediately adjacent to that land included in such proposed amendment, extending 100 feet therefrom; or