Hartland Town City Zoning Code
ARTICLE XII
Miscellaneous Provisions
§ 144-75 Penalties for offenses.
In addition to remedies herein provided, any person violating this chapter or any provision thereof may be proceeded against by the Town Board, by the Zoning Enforcement Officer or such other persons as designated by the Town Board by appropriate action or proceeding to prevent or enjoin any threatened or real violation of this chapter. Moreover, violation of this chapter shall be deemed to be a violation and is punishable by a fine not exceeding $250 and/or imprisonment for a period of not more than 15 days, or by both such fine and imprisonment. Each week that a violation is permitted to exist shall constitute a separate violation.
§ 144-76 Amendments.
The Town Board may from time to time, on it's own motion, upon petition or upon recommendation from the Planning Board, amend, supplement or repeal any of the regulations, provisions, Articles or sections of this chapter after proper and legal requirements have been met. Every such proposed amendment shall be referred to the Planning Board for a report thereof before a public hearing is had on the amendment. The Town Board, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed amendment and shall cause notice to be given as follows:
By publishing a notice at least 10 days prior to such meeting, stating the time, place and date thereof, in the official Town newspaper.
A written notice of any proposed change or amendment affecting property within 500 feet of the boundaries of the state park or parkway shall be given to the Regional State Park Commission having jurisdiction over such state park or parkway, at least 10 days prior to the date of such public hearing.
A written notice of any proposed change or amendment affecting property within 500 feet of the boundaries of any city, village, Town or county shall be given to the Clerk of such municipality and to the Clerk of the County Legislature, at least 10 days prior to the date of such hearing.
Where the owners of 20% or more of the land area within 100 feet of the area sought to be rezoned protest against such change, such amendment shall not become effective except by the favorable vote of at least 4/5 of all members of the Town Board.
Whenever any person, firm or corporation desires that any amendment or change be made in this chapter, including the text and/or map, as to any property in the Town, and there shall be presented to the Board a petition requesting such change or amendment and clearly describing the property and its boundaries as to which the change or amendment is desired, duly signed by the owners of 50% of the area of all real estate included within the boundaries of said tract as described in said petition and, in addition, duly signed by the owners of 50% of the area of all real estate lying outside said tract but within 250 feet of the boundaries thereof, it shall be the duty of the Town Board to call a public hearing on said petition within 45 days of its filing and to make a decision thereon within 90 days. Whenever any petition for an amendment, supplement or change in the zoning regulations herein contained or subsequently established shall have been denied by the Town Board, then no new petition, including the text and/or map, covering the same property or the same property and additional property, shall be filed with or considered by the Town Board until three months shall have elapsed from the date of the filing of the first petition.
§ 144-77 More stringent requirements to prevail.
Whenever the requirements of this chapter are at variance with any other lawfully adopted rules, regulations, local laws or ordinances, the most restrictive requirements or those imposing the higher standards shall govern.
§ 144-78 Fees.
[Added 6-9-1994]
Wherever in this chapter fees are established, the fee shall be the initial fee. Fees shall be increased, decreased, modified or established from time to time by resolution on simple majority of the Town Board of the Town of Hartland. The Town Clerk and Zoning Enforcement Officer shall maintain a schedule of fees which shall set forth any fee which differs from the initial fee set forth in this chapter.
§ 144-79 Preexisting lots.
[Added 7-11-1996; amended 10-11-2012 by L.L. No. 2-2012]
Any lot existing in an Agricultural Use District established by § 144-27 or a One-Family Residential Use District established under § 144-28, and which was a separate lot prior to June 9, 1994, having a minimum frontage of 100 feet, may be improved by residential and access or improvements allowed in such districts, as the lot otherwise complies with all provisions of this chapter.