Hamburg City Zoning Code
PART 1
Administration and Enforcement
§ 250-10.1 Establishment.
The Board of Trustees of the Village of Hamburg hereby enacts and publishes the following Chapter establishing zoning regulations for the Village and providing for the enactment, administration, and amendment thereof pursuant to the provisions of NYS Village Law, Article 7.
§ 250-10.2 Title.
This chapter shall be known as the "Zoning Law of the Village of Hamburg, Erie County, New York." For convenience, it is also referred to throughout this chapter as the "zoning law" or "zoning code."
§ 250-10.3 Purpose.
A.
The purpose of this chapter is to protect and enhance the public health, safety, sense of community, and general welfare and conserve property values throughout the Village of Hamburg.
B.
These provisions are intended to provide for adequate light, air and convenience of access, to secure safety from fire and other hazards and to prevent undue concentration of population by regulating and limiting the height and bulk of buildings, limiting and specifying the size of yards, courts and other open spaces, controlling the density of population and regulating and restricting the location of trades, industries and buildings designed for a specific use.
C.
Furthermore, the provisions provided herein are intended to implement the vision, goals, and recommendations as outlined in the Village of Hamburg Comprehensive Plan. This includes, but is not limited to, the following strategies for future investment:
(1)
Continue to enhance resident quality of life and economic opportunity for local business and industry.
(2)
Utilize sustainable development practices and green infrastructure to protect the Village's natural environment and increase community resiliency from the changing climate.
(3)
Protect existing residential neighborhoods and strengthen residential areas at risk, especially in areas bordering commercial development.
(4)
Continue the Village's well established and successful efforts to revitalize its commercial districts.
(5)
Improve the character and enhance traffic calming elements along commercial corridors.
(6)
Allow for a mixture of residential, commercial and office uses in areas consistent with the Future Land Use and Development vision.
(7)
Establish and/or maintain logical boundaries between contrasting uses by providing adequate buffers to prevent nuisances and minimize conflicts of use.
(8)
Protect and enhance recreational amenities as a component of neighborhood building and revitalization efforts.
(9)
Consider how land use and roadway design decisions impact the Village's pedestrian experience, connectivity and walkability.
(10)
Maintain or increase the number of street trees, planting strips and other permanent landscaping opportunities.
§ 250-10.4 Applicability.
A.
This chapter shall be in effect immediately upon adoption and publication as provided by NYS Village Law.
B.
Except as hereinafter provided, no building, structure or premises shall be used or occupied, and no building or structure shall be erected, moved, reconstructed, extended, enlarged, altered, or demolished except in conformity with the regulations herein.
§ 250-10.5 Severability.
If any clause, sentence, paragraph, section, or part of this chapter be adjudged by any court to be invalid or void, such judgement shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment has been rendered.
§ 250-10.6 Conflict with other regulations.
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, community values, safety, or other general welfare. Whenever the requirements of this chapter are at variance with the requirements of any other applicable law, ordinance, regulation, or private agreement, the most restrictive, or that imposing the higher standards, shall govern.
B.
The Village does not enforce or maintain a record of private agreements. This Zoning Chapter is not intended to interfere with, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties. If the provisions of this Zoning Chapter impose a greater restriction than imposed by a private agreement, the provisions of this Zoning Chapter will control.
§ 250-10.7 Effective date.
The effective date of this chapter shall be March 23, 2022.
§ 250-10.8 Transitional provisions.
A.
Applications prior to March 23, 2022. Accepted applications that were submitted before March 23, 2022, will be reviewed wholly under the terms of this chapter.
B.
Permits granted prior to March 23, 2022.
(1)
Any building, development, or structure for which a building permit was issued before March 23, 2022, may be completed in conformance with the issued building permit and other applicable permits and conditions.
(2)
If a building permit was granted prior to March 23, 2022, but construction has not commenced prior to March 23, 2022, then the construction of the building, development, or structure must be commenced within one year of the date of issuance of the building permit. If construction is not commenced within one year of the issuance of the building permit, then the building permit is revoked, and the building, development, or structure must be completed and occupied in strict compliance with the standards of this Zoning Chapter.
(3)
Any building, development, or structure that has received all of its required Village approvals prior to March 23, 2022, but has not received a building permit prior to March 23, 2022, must obtain its building permit on or before September 30, 2022. Should any such building, development, or structure fail to obtain its building permit on or before September 30, 2022, then all of its prior Village approvals are revoked, and the building, development, or structure must be completed and occupied in strict compliance with standards of this Zoning Chapter.
§ 250-11.1 Official Zoning Map established.
A.
The zoning districts of this chapter are bounded and defined as shown on a map entitled the "Official Zoning Map of the Village of Hamburg," bearing the date of adoption of this chapter and as revised from time to time. For convenience, the Official Zoning Map of the Village may also be referred to as the "Zoning Map."
B.
The Zoning Map is hereby established, adopted, and incorporated into this chapter and shall be as much a part hereof as if fully set forth and described herein.[1]
[1]
Editor's Note: Said Zoning Map is included as an attachment to this chapter.
§ 250-11.2 Keeping of the map.
§ 250-11.3 District boundaries.
A.
Where district boundaries are indicated as approximately following the centerlines of streets, highways, waterways or railroad rights-of-way, or such lines extended, such centerlines shall be construed to be such boundaries.
B.
Where such boundaries are indicated as approximately following the property lines of parks or other publicly owned lands, such lines shall be construed to be such boundaries.
C.
In all cases where a district boundary line is located not farther than 10 feet away from a lot line of record, such boundary line shall be construed to coincide with such lot line.
D.
In all other cases where dimensions are not shown on the map, the location of boundaries shown on the map shall be determined by the Code Enforcement Officer through the application of a graphic scale or other such instrument of measurement.
§ 250-12.1 Appointment.
Unless the Village of Hamburg should designate its own official, code enforcement services for the Village shall be provided by the duly designated Code Enforcement Officer (CEO) of the Town of Hamburg Building Inspection Department, in accordance with the shared services agreement between the Town and Village of Hamburg.
§ 250-12.2 Certification.
The CEO shall possess background experience related to building construction and zoning regulation and shall obtain training as required by the State of New York for code enforcement personnel. The CEO shall also obtain certification from the NYS Department of State pursuant to the Executive Law and the regulations promulgated thereunder.
§ 250-12.3 Powers and duties.
The CEO shall be responsible for the administration and enforcement of this chapter and the regulations contained herein. Powers and duties of the CEO shall include:
A.
Issuing certificates of zoning compliance upon approval and verification of conformance with this chapter;
B.
Issuing written notices to property owners in violation of this chapter, the local laws and code of the Village of Hamburg, and/or other applicable local, county, state and federal laws and regulations;
C.
Conducting inspections of property for the purposes of verifying conformance with this chapter;
D.
Pursuing and participating in enforcement actions and proceedings; and
E.
Exercising all other powers and fulfilling all other duties conferred upon the Code Enforcement Officer by this chapter, the Village Board, the Village Code, Village Local Laws, or NYS Village Law.
§ 250-13.1 Establishment.
The provisions of this article are intended to apply solely to the role of the Village Board of Hamburg with respect to this chapter. As such, the Village Board shall have full authority to administer and enforce this Zoning Chapter.
§ 250-13.2 Conduct.
A.
By-laws. The Village Board may approve by-laws for the conduct of its business consistent with statute and this chapter.
B.
Public hearings. The Village Board shall hold public hearings as required by this chapter and decisions shall be voted upon at public sessions. The Village Board may otherwise hold executive sessions in accordance with the NYS Open Meetings Law.
C.
Recommendations. The Village Board may seek recommendations from the Planning Commission, Architectural Review Committee, Historic Preservation Commission, Zoning Board of Appeals, Village officials or departments, or other agencies as it deems appropriate.
D.
Staff appointments and confirmations. The Village Board may confirm clerks or other employees serving at its pleasure, upon appointment of such by the Mayor. The Village Board may also confirm clerks or other employees to serve at the pleasure of the Planning Commission, Architectural Review Committee, Historic Preservation Commission, or Zoning Board of Appeals upon appointment of such by the Mayor.
§ 250-13.3 Meetings, minutes and records.
A.
The Village Board shall hold public meetings and hearings as required by this chapter and NYS law and decisions shall be voted upon at public sessions. The Village Board may otherwise hold executive sessions in accordance with the NYS Open Meetings Law.
B.
The Village Clerk, or its designee, shall keep minutes of all proceedings before the Village Board.
C.
The Village Board is subject to the NYS Freedom of Information Law and the Open Meetings Law. The vote or failure to vote of each board member shall be recorded. If any board member abstains from voting based on a conflict of interest or otherwise, the member must also state his or her reason(s) or ground(s) for doing so on the record.
§ 250-13.4 Village Trustee training.
A.
Village Board shall complete at least four hours of training for each year of their term. Training received in excess of four hours in any one year may be carried over into the following year.
B.
Training opportunities shall be approved by the Village Board 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.
C.
Training may be provided in a variety of formats, including, but not limited to, electronic media, video, distance learning and traditional classroom training.
D.
Failure on the part of any Trustee to obtain the required training shall not render any decision in which that Trustee participated null and void.
§ 250-13.5 Powers and duties.
A.
Final decision authority. Pursuant to this chapter and NYS Village Law, the Village Board are hereby authorized and empowered with final decision authority to approve, approve with modifications or conditions, or deny applications for the following:
B.
Additional powers. The Village Board shall hold all additional powers and duties provided by the laws, rules, and regulations of New York State and the code and local laws of the Village of Hamburg.
§ 250-14.1 Establishment.
Per § 7-718 of NYS 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.
§ 250-14.2 Membership.
B.
Qualifications of members.
(1)
Planning Commission members are required to be residents of the Village.
(2)
No current Trustee of the Village of Hamburg may serve as a member of the Planning Commission.
(3)
This requirement may be waived by the Village Board should it determine that it is in the best interest of the Village to do so.
C.
Chairperson.
(1)
The Mayor shall, pursuant to NYS Village Law, designate the Chairperson of the Planning Commission. The Chairperson shall be designated from the existing members of the Planning Commission. Such designation may be changed at any time by the Village Board.
(2)
In the absence of such designation, the Chairperson of the Planning Commission shall be designated from amongst the members by an affirmative vote of a majority of the members, and may be changed at any time by an affirmative vote of a majority of the members. The members of the Planning Commission may appoint a Vice Chairperson from its members.
(3)
The Chairperson shall have the right to vote on all matters before the Planning Commission. In the Chairperson's absence, the board may designate an acting Chairperson by affirmative vote of a majority of the Planning Commission.
D.
Vacancies. Vacancies occurring other than by expiration of a term of office shall be filled by appointment of the Mayor pursuant to NYS Village Law. Any such appointment shall be for the unexpired portion of the term of the replaced member.
E.
Alternate members.
(1)
The Village Board may confirm up to two alternate Planning Commission members upon appointment of such by the Mayor. Alternate members shall be automatically called to serve in the event that a regular member is absent, has a conflict of interest, or is otherwise unable to fulfill their duties.
(2)
When serving, alternate members shall have all the powers and responsibilities of a full-time member.
(3)
All member requirements relating to training, attendance, conflicts of interest, eligibility, vacancy, removal, and service shall also apply to alternate members.
§ 250-14.3 Member training requirements.
A.
Each member of the Planning Commission 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 this requirement.
B.
Such training shall be approved by the Village Board and may include, but not be limited to, training provided by a municipality, regional or county planning office or board, 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.
C.
To be eligible for reappointment to the Planning Commission, a member shall have completed the training approved as set forth above.
D.
The training may be waived or modified by resolution of the Village Board when, in the judgment of the Board of Trustees, it is in the best interest to do so.
E.
No decision of the Planning Commission shall be voided or declared invalid because of a failure to comply with the training requirements herein.
§ 250-14.4 Conduct.
A.
By-laws. The Planning Commission may approve by-laws that are consistent with the regulations adopted by the Village Board.
B.
Quorum. A simple majority of the Planning Commission members shall constitute a quorum for the transaction of business. An affirmative vote of a majority of the full Planning Commission is required to approve any resolution, motion, or other matter before the Planning Commission.
C.
Meetings. Meetings may be held at any time on the written request of any two Planning Commission members or at the call of the Chairperson.
D.
Public meeting and hearings. The Planning Commission shall hold public meetings and hearings as required by this chapter and decisions shall be voted upon at public sessions. The Planning Commission may otherwise hold executive sessions in accordance with the NYS Open Meetings Law.
E.
Recommendations. The Planning Commission may seek recommendations from the Village Board, Historic Preservation Commission, Zoning Board of Appeals, Village officials or departments, or other agencies as it deems appropriate.
F.
Attendance. All members are required to attend and take an active part in all scheduled meetings. If a member is unable to attend a meeting, they must notify the secretary so that an alternate member can be called upon to attend.
§ 250-14.5 Staff and records.
A.
Secretary and staff. The Village Board may confirm a secretary to serve at the pleasure of the Planning Commission, upon appointment of such by the Mayor. At the time of service, the secretary shall not also serve as member of the Planning Commission. The secretary shall keep a record of all resolutions proceedings, and actions of the Planning Commission, as well as attendance of Planning Commission members.
B.
Voting records. The Planning Commission is subject to the NYS Freedom of Information Law and the Open Meetings Law. The vote or failure to vote of each Planning Commission member shall be recorded. If any Planning Commission member abstains from voting based on a conflict of interest or otherwise, the member must also state his or her reason(s) or ground(s) for doing so on the record.
C.
Minutes. Planning Commission meeting minutes, including a record of the Planning Commission's decisions and determinations, shall be filed with the Village Clerk as they are completed.
§ 250-14.6 Member removal.
The Village Board shall have the power to remove, after public hearing, any member of the Planning Commission for cause. Cause for such removal shall include, but not be limited to:
A.
Absence from three consecutive regular or special meetings other than for illness or valid personal reasons substantiated by documented evidence;
B.
Absence from 80% of the regularly scheduled meetings within any twelve-month period other than for illness or valid personal reasons substantiated by documented evidence; or
C.
Failure to obtain and comply with the training requirements as set forth in this chapter.
§ 250-14.7 Powers and duties.
A.
Advisory authority. Pursuant to this article and NYS Village Law, the Planning Commission is hereby authorized and empowered with review and advisory authority for the following actions:
B.
Additional powers. The Planning Commission may exercise additional powers as directed by the Village Board, as may be described elsewhere in this chapter, and as permitted by NYS Village Law.
§ 250-15.1 Establishment.
The Historic Preservation Commission, as established in Chapter 44 of this Village of Hamburg Code, shall be empowered with the administration and enforcement of this Zoning Chapter as provided herein.
§ 250-16.1 Establishment.
The Village of Hamburg wishes to preserve and improve the Village's traditional design patterns, encourage economic development, and restore the role of the streets as civic spaces for the attraction of shoppers, businesses, socializing and recreational activities. The Architectural Review Committee (ARC) is created to foster the goals and purposes set forth in the Village of Hamburg's Building Design Standards.
§ 250-16.2 Membership.
B.
Qualifications of members. To the extent practicable, the committee shall be comprised of the following:
C.
Chairperson.
(1)
The Mayor shall designate the Chairperson of the ARC. The Chairperson shall be designated from the existing members of the ARC. Such designation may be changed at any time by the Village Board.
(2)
In the absence of such designation, the Chairperson of the ARC shall be designated from amongst the members by an affirmative vote of a majority of the members, and may be changed at any time by an affirmative vote of a majority of the members.
(3)
The Chairperson shall have the right to vote on all matters before the ARC. In the Chairperson's absence, the Board may designate an acting Chairperson by affirmative vote of a majority of the ARC.
D.
Alternate members.
(1)
The Village Board may confirm up to two alternate ARC members upon appointment of such by the Mayor. Alternate members shall be automatically called to serve in the event that a regular member is absent, has a conflict of interest, or is otherwise unable to fulfill their duties.
(2)
When serving, alternate members shall have all the powers and responsibilities of a full-time member.
(3)
All member requirements relating to training, attendance, conflicts of interest, eligibility, vacancy, removal, and service shall also apply to alternate members.
§ 250-16.3 Member training requirements.
A.
Each member of the ARC 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 this requirement.
B.
Such training shall be approved by the Village Board and may include, but not be limited to, training provided by a municipality, regional or county planning office or board, 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.
C.
To be eligible for reappointment to the ARC, a member shall have completed the training approved as set forth above.
D.
The training may be waived or modified by resolution of the Village Board when, in the judgment of the Board of Trustees, it is in the best interest to do so.
E.
No decision of the ARC shall be voided or declared invalid because of a failure to comply with the training requirements herein.
§ 250-16.4 Conduct.
A.
By-laws. The ARC may approve by-laws that are consistent with the regulations adopted by the Village Board.
B.
Quorum. Three ARC members shall constitute a quorum for the transaction of business.
C.
Meetings. Meetings may be held at any time on the written request of any two ARC members or at the call of the Chairperson.
D.
Public hearings. The ARC shall hold public hearings as required by this chapter and decisions shall be voted upon at public sessions. The ARC may otherwise hold executive sessions in accordance with the NYS Open Meetings Law.
E.
Recommendations. The ARC may seek recommendations from the Village Board, Historic Preservation Commission, Planning Commission, Village officials or departments, or other agencies as it deems appropriate.
F.
Attendance. All members are required to attend and take an active part in all scheduled meetings. If a member is unable to attend a meeting, they must notify the secretary so that an alternate member can be called upon to attend.
§ 250-16.5 Staff and records.
A.
Secretary and staff. The Village Board may confirm a secretary to serve at the pleasure of the ARC, upon appointment of such by the Mayor. The secretary shall keep a record of all resolutions proceedings, and actions of the ARC, as well as attendance of ARC members.
B.
Voting records. The ARC is subject to the NYS Freedom of Information Law and the Open Meetings Law. The vote or failure to vote of each ARC member shall be recorded. If any ARC member abstains from voting based on a conflict of interest or otherwise, the member must also state his or her reason(s) or ground(s) for doing so on the record.
C.
Minutes. ARC meeting minutes, including a record of the ARC's decisions and determinations, shall be filed with the Village Clerk as they are completed.
§ 250-16.6 Member removal.
The Village Board shall have the power to remove, after public hearing, any member of the ARC for cause. Cause for such removal shall include, but not be limited to:
A.
Absence from three consecutive regular or special meetings other than for illness or valid personal reasons substantiated by documented evidence;
B.
Absence from 80% of the regularly scheduled meetings within any twelve-month period other than for illness or valid personal reasons substantiated by documented evidence; or
C.
Failure to obtain and comply with the training requirements as set forth in this chapter.
§ 250-16.7 Powers and duties.
A.
Advisory authority. Pursuant to this article and NYS Village Law, the ARC is hereby authorized and empowered with review and advisory authority for all building construction, exterior renovation, facade renovation, window replacement, roof replacement and signage to ensure compliance with the Building Design Standards. This shall apply to the following zoning districts:
B.
Procedure. The CEO shall refer all plans, drawings, and material lists to the ARC which shall make a recommendation to the Village Board. Upon receipt of the ARC's recommendation, the Village Board shall, after review, approve, approve with modifications, or disapprove the plan. In approving with modifications or disapproving the plan, the Village Board shall set forth its reasons for such action in the minutes of the meeting which such action is taken. The requirements set forth in this subsection are in addition to any requirements set forth in Chapter 250 of the Hamburg Village Code, or any other sections herein.
C.
Additional powers. The ARC may exercise additional powers as directed by the Village Board.
§ 250-17.1 Establishment.
Per § 7-712 of NYS Village Law, the Zoning Board of Appeals (ZBA) previously established under local law and still in existence at the time of this chapter's enactment shall hereby be continued.
§ 250-17.2 Membership.
C.
Chairperson.
(1)
The Mayor shall, pursuant to NYS Village Law, designate the Chairperson of the ZBA. The Chairperson shall be designated from the existing members of the ZBA. Such designation may be changed at any time by the Village Board.
(2)
In the absence of such designation, the Chairperson of the ZBA shall be designated from amongst the members by an affirmative vote of a majority of the members, and may be changed at any time by an affirmative vote of a majority of the members.
(3)
The Chairperson shall have the right to vote on all matters before the ZBA. In the Chairperson's absence, the board may designate an acting Chairperson by affirmative vote of a majority of the ZBA.
D.
Vacancies. Vacancies occurring other than by expiration of a term of office shall be filled by appointment of the Mayor pursuant to NYS Village Law. Any such appointment shall be for the unexpired portion of the term of the replaced member.
E.
Alternate members.
(1)
The Village Board may confirm up to two alternate ZBA members upon appointment of such by the Mayor. Alternate members shall be automatically called to serve in the event that a regular member is absent, has a conflict of interest, or is otherwise unable to fulfill their duties.
(2)
When serving, alternate members shall have all the powers and responsibilities of a full-time member.
(3)
All member requirements relating to training, attendance, conflicts of interest, eligibility, vacancy, removal, and service shall also apply to alternate members.
§ 250-17.3 Member training requirements.
A.
Each member of the ZBA 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 this requirement.
B.
Such training shall be approved by the Village Board and may include, but not be limited to, training provided by a municipality, regional or county planning office or board, 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.
C.
To be eligible for reappointment to the ZBA, a member shall have completed the training approved as set forth above.
D.
The training may be waived or modified by resolution of the Village Board when, in the judgment of the Board of Trustees, it is in the best interest to do so.
E.
No decision of the ZBA shall be voided or declared invalid because of a failure to comply with the training requirements herein.
§ 250-17.4 Conduct.
A.
By-laws. The ZBA may approve by-laws that are consistent with the regulations adopted by the Village Board.
B.
Quorum. A simple majority of the ZBA members shall constitute a quorum for the transaction of business. An affirmative vote of a majority of the full ZBA is required to approve any resolution, motion, or other matter before the ZBA.
C.
Meetings. Meetings may be held at any time on the written request of any two ZBA members or at the call of the Chairperson.
D.
Public hearings. The ZBA shall hold public hearings as required by this chapter and decisions shall be voted upon at public sessions. The ZBA may otherwise hold executive sessions in accordance with the NYS Open Meetings Law.
E.
Recommendations. The ZBA may seek recommendations from the Village Board, Historic Preservation Commission, Planning Commission, Architectural Review Committee, Village officials or departments, or other agencies as it deems appropriate.
F.
Attendance. All members are required to attend and take an active part in all scheduled meetings. If a member is unable to attend a meeting, they must notify the secretary so that an alternate member can be called upon to attend.
§ 250-17.5 Staff and records.
A.
Secretary and staff. The Village Board may confirm a secretary to serve at the pleasure of the ZBA, upon appointment of such by the Mayor. The secretary shall keep a record of all resolutions, proceedings, and actions of the ZBA, as well as attendance of ZBA members.
B.
Voting records. The ZBA is subject to the NYS Freedom of Information Law and the Open Meetings Law. The vote or failure to vote of each ZBA member shall be recorded. If any ZBA member abstains from voting based on a conflict of interest or otherwise, the member must also state his or her reason(s) or ground(s) for doing so on the record.
C.
Minutes. ZBA meeting minutes, including a record of the ZBA's decisions and determinations, shall be filed with the Village Clerk as they are completed.
§ 250-17.6 Member removal.
The Village Board shall have the power to remove, after public hearing, any member of the ZBA for cause. Cause for such removal shall include, but not be limited to:
A.
Absence from three consecutive regular or special meetings other than for illness or valid personal reasons substantiated by documented evidence;
B.
Absence from 80% of the regularly scheduled meetings within any twelve-month period other than for illness or valid personal reasons substantiated by documented evidence; or
C.
Failure to obtain and comply with the training requirements as set forth in this chapter.
§ 250-17.7 Powers and duties.
B.
Advisory authority. Pursuant to this article and NYS Village Law, the ZBA is hereby authorized and empowered with review and advisory authority for the following actions:
(1)
Amendments to the text and/or map of this chapter (rezonings).
C.
Additional powers. The ZBA may exercise additional powers as directed by the Village Board, as may be described elsewhere in this chapter, and as permitted by NYS Village Law.
§ 250-18.1 Nonconformities.
A.
Nonconforming uses, buildings, and structures.
(2)
Any nonconformity under the previous zoning law will also be a nonconformity under this Zoning Chapter, as long as the situation that resulted in the nonconforming status under the previous regulation continues to exist. If, however, a nonconforming situation under previous zoning regulations becomes conforming because of the adoption of this Zoning Chapter, or any subsequent amendment to it, then the situation will no longer be considered a nonconformity.
B.
Discontinuance. When a nonconforming use has been discontinued for a period of one year, such use shall not thereafter be reestablished, and any future use shall be in conformity with this chapter.
C.
Change of use. No nonconforming use shall be changed to any use other than a conforming use for the district in which it is situated.
D.
Alteration and extensions. A nonconforming use, building, or structure, or part thereof, may be structurally altered only to the extent of its prior nonconformity. A nonconforming use shall not be extended in size, scale or intensity of use. Extension of a lawful use to any part of a nonconforming building shall not be deemed extension of such nonconforming use.
§ 250-18.2 Violations and penalties.
A.
Violations. It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, equip, use or occupy any land, building or structure or part thereof in a manner not permitted by this Zoning Chapter.
B.
Notice of violation.
(1)
Any person violating any provision of this Zoning Chapter shall be served by the CEO with a written notice of violation and correction order stating the nature of the violation found to exist, the remedy ordered and providing a time limit for the satisfactory correction thereof.
(2)
Unless a different time limit is provided by this Zoning Chapter for the correction of any violation, which alternate time limit shall prevail, said notice of violation and correction order shall provide a time limit of 30 days for the satisfactory correction of the violation.
(3)
The notice of violation shall further inform the violator of his/her right to appeal the CEO's interpretation to the ZBA.
(4)
Service of the notice of violation/correction order shall be sufficient if directed to the owner, operator or occupant of a residence, commercial or industrial facility, as the case may be, violating this Zoning Chapter.
(5)
Service of said notice of violation/correction order shall be made personally upon the alleged violator, if said violator can be found with due diligence; otherwise, service of said notice of violation/correction order shall be sufficient if service is completed by delivering the same to a person of suitable age or discretion at the actual residence, commercial or industrial facility at which said violation is occurring and by mailing the notice to the person to be served at his/her last known residence or business address.
(6)
Where service cannot otherwise be made with due diligence, by affixing said notice of violation/correction order to the door of the residence, commercial or industrial facility at which said violation is occurring and by mailing said notice to such person at his/her last known residence or place of business.
(7)
It shall be unlawful for any person to fail to comply with a written notice of violation/correction order of the CEO within the time fixed for compliance therewith.
C.
Penalties and fines. Any violation of this Zoning Chapter is hereby declared to be an offense, punishable by the following penalties:
(1)
A fine not exceeding $250 or imprisonment not to exceed 15 days, or both for a conviction of a first offense;
(2)
A fine not less than $250 nor more than $700 or imprisonment not to exceed 15 days, or both, for conviction of a second offense both of which were committed within a period of five years; and
(3)
A fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed 15 days, or both, upon conviction for a third or subsequent offense all of which were committed with a period of five years.
D.
For the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this Zoning Chapter shall be deemed misdemeanors and for such purposes only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.
E.
The CEO may, with permission of the Village Board, institute court action to enforce the provisions of this Zoning Chapter, or may refer the matter to the Village Board for its action.
F.
Any person violating any provision of this Zoning Chapter shall be liable to the Village for any and all losses, damages and expenses incurred by the Village or for which the Village may be held liable as a result of said violation. The Village or CEO shall have the right to obtain reimbursement for any loss, damage or expense incurred by it as a result of any violation of this Zoning Chapter including, but not limited to, attorney's fees and court costs incurred as a result of any legal proceedings brought hereunder.
G.
Nothing contained in this Zoning Chapter shall prevent the Village or CEO, either alone or in conjunction with the foregoing penalties, from maintaining an action or proceeding in the name of the Village or CEO in any court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of any provision of this Zoning Chapter.
§ 250-18.3 Complaints of violations; statute of limitations.
A.
Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the Building Inspector, who shall properly record such complaint and immediately investigate.
B.
If such complaint concerns a provision of this chapter relating to setback from front, rear or side lines, the area that may be built upon, the location, independent character or number of structures, height or general purpose of any structure, then no action shall be taken by the Building Inspector or Board of Trustees, and no action in law or equity shall accrue to anyone for the enforcement of any such provision of this chapter by compelling the removal or alteration of a structure, or to recover damages or the imposition of any penalty set forth in this chapter, unless such complaint is filed with the Building Inspector before the expiration of two years from completion of the structure concerned.
C.
The date of issuance of the certificate of occupancy, or, if no such certificate shall have been issued, the date of actual occupancy of the structure or of the structure as replaced, enlarged or altered shall be deemed the date of completion of the structure.
D.
The application of this section shall not be barred by any disability or lack of knowledge on the part of any person and shall not be barred by the fact that the person against whom or by whom the action might have been brought was, during the periods herein provided, a nonresident or absent from the state.
§ 250-18.4 Continuance of violations.
A.
Any violation of the previous zoning law will continue to be a violation under this Zoning Chapter and be subject to penalties and enforcement under NYS Village Law.
B.
If the use, development, construction or other activity that was a violation under the previous law complies with the express terms of this Zoning Chapter, enforcement action will cease, except to the extent of collecting penalties for violations that occurred before the effective date of this chapter.
C.
The adoption of this Zoning Chapter does not affect nor prevent any pending or future prosecution of, or action to abate violations of the previous law that occurred before the effective date of this chapter.