(a)

The provisions of this chapter shall be interpreted as providing minimum requirements adopted for the purpose of promoting the health, safety, morals and general welfare of the village.

(b)

It is not intended by this chapter to repeal (except as herein stated), abrogate or impair existing conditions previously made, or permits previously issued, relating to the use of buildings or premises, or to impair or interfere with any easements, covenants, or agreements existing between parties; but wherever this chapter imposes a greater restriction upon the use of buildings or premises than are required by existing provisions of law, ordinances, regulations or permits, or by such easements, covenants or agreements, the provisions of this chapter shall control.

(c)

Whenever the provisions of this chapter require a greater width or size of yards, or courts, or require a lower height of building of less number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than required in any other local law, ordinance or regulation, the provisions of this chapter shall govern. Wherever the provisions of any other local law, ordinance or regulation require a greater width or size of yards or courts, or require a lower height of building or a less number of stories, or require a greater percentage of the lot to be left unoccupied, or impose other higher standards than are required by the provisions of this chapter, the provisions of such local law, ordinance or regulation shall govern.

(Ord. of 12-15-59, Art. XII, §§ 1—3)

It shall be the duty of the building inspector to enforce the provisions of this chapter.

(Ord. of 12-15-59, Art. XIII, § 1

(a)

The board of appeals shall consist of five (5) voting members and two (2) alternates appointed by mayor with approval by the village board of trustees. The members of the board of appeals as now constituted shall continue in office until the expiration of their present terms. Thereafter, their successors shall be appointed for a term of three (3) years each. Vacancies shall be filled as provided for in the Village Law.

(b)

Alternate members. Alternate members shall have all the requirements for eligibility of regular board members. Alternate members shall enjoy the same rights and privileges as regular board members, including the right to participate in all discussions; provided, however, that an alternate member shall be entitled to vote only when a regular board member is not present or is disqualified from voting. When a board member will not be voting, the board chair shall authorize such regular member's voting authority to the first alternate and in his/her absence to the second alternate. Any further reference herein to board member shall include any alternate, unless otherwise indicated.

(c)

The board of appeals shall have all the powers and perform all the duties established under Village Law, § 7-712, and shall adopt rules for the conduct of its business consistent with such statute and this chapter.

(d)

Membership eligibility and ineligibility.

(1)

Eligibility. Board members shall be residents of the village and/or shall own and/or operate a business within the village. All members will be at least eighteen (18) years of age.

(2)

Ineligibility. Board members who, during their term, relocate their permanent place of residence outside the village, or, in the case of owners and/or operators of businesses within the village, who cease to operate and/or own said business in the village may, at the discretion of the mayor, remain until completion of the appointed term.

(3)

No person who is a trustee or a member of the planning board, or housing authority shall be eligible for membership on the board.

(4)

Training. Board members are required to participate in a minimum of four (4) hours of training each calendar year and to provide proof of attendance to the clerk/treasurer. Failure to meet this training requirement may result in removal from the zoning board of appeals at the discretion of the mayor.

(L.L. No. 6-2012, §§ 1, 2, 8-21-12)

Editor's note— L.L. No. 6-2012, §§ 1, 2, adopted August 21, 2012, repealed the former § 25-23, and enacted a new § 25-23 as set out herein. The former § 25-23 pertained to similar subject matter.

Cross reference— Function of zoning board of appeals under housing ordinance, § 11-46 et seq.

Each petition for a hearing before the zoning board of appeals shall be accompanied by such fee as is now or hereafter established by local law or resolution.

(Ord. of 12-15-59, Art. X, § III)

(a)

Any nonconforming use now existing may be continued, but only to the extent, and upon the premises, and in the building or structure, where such nonconforming use now exists. Nothing herein contained shall be construed to prevent an increase in the products so produced or business so conducted, provided that no additional structure or extension of any existing structure is erected.

(b)

Structural changes within an existing building may be made, but in no case shall exceed in cost fifty (50) percent of its present assessed valuation.

(c)

Any nonconforming building or structure which has been completely destroyed or partially destroyed to the extent at least of fifty (50) percent of its sound value, by means other than intent or design, may be rebuilt or repaired within one year thereafter and the nonconforming use thereof may be continued herein.

(Ord. of 12-15-59, Art. VII, §§ I, IV)

Except as otherwise provided no changes shall be made in any existing nonconforming use except such change shall be to a use permitted within the district wherein the same is located. On any premises situate in a residential use district no. 1, a residential use district no. 2, or a residential use district no. 3, any use which is not permitted in such use district shall cease if discontinued for a period of one year.

(Ord. of 12-15-59, Art. VII, § II; Ord. of 10-9-64)

The board of appeals at its discretion may grant special permits for nonconforming uses within any district where in its opinion such district is sufficiently undeveloped to justify such nonconforming use; such special permits shall be of limited duration, and shall provide for the change to a conforming use at the expiration of such period.

(Ord. of 12-15-59, Art. IX, § II)

If by amendment to this chapter or to the zoning map, any area is transferred from one district to another district of more restricted use, any nonconforming use than existing within said area may be continued.

(Ord. of 12-15-59, Art. XI, § II)

The provisions of this chapter and the boundaries on the zoning map, may be from time to time amended, supplemented, changed, modified or repealed after such public hearing and official notice as provided by statute.

(Ord. of 12-15-59, Art. XI, § I)

State Law reference— Required notice and hearing, Village Law, § 7-706.

(a)

Whenever the owners of fifty (50) percent, or more in area in any zoning district, or a specified portion thereof, shall present their signed petition to the board of trustees requesting any amendment, supplement, alteration, or change in, or repeal of the regulations for such district, or specified portion thereof, it shall be the duty of the board of trustees to hold a public hearing or hearings thereon, and to give such notice thereof as shall be required by statute and, if, in the judgment of the village board it shall be deemed advisable, said board may in addition to such statutory notice cause written notice to be served, either by mail or personally, upon the owners of all lands within the district or specified portion thereof, which such proposed amendment, supplement, alteration, change, or repeal, shall relate to, and, in addition thereto, the owners of all lands in any direction within one hundred (100) feet of such district or specified portion thereof; and it shall be sufficient notice if such written notice shall be mailed or served personally upon the persons whose names are shown upon the last completed village assessment roll, as the owners of the lands so affected. It shall be the duty of the board after such public notice and hearing or hearings upon such petition to decide by a majority vote upon such request or petition within ninety (90) days after such petition is filed with the clerk of the village.

(b)

All local laws amending, supplementing, changing, or modifying the zoning map shall include a description of the boundaries on the zoning map which are to be modified. The entire test of said law or laws shall be incorporated by reference into this Code without the necessity of being fully set forth therein, and shall be reflected on the zoning map kept on file at the office of the village clerk-treasurer.

(Ord. of 12-15-59, Art. XI, § III)

State Law reference— Required notice and hearing, Village Law, § 7-706; protests, Village Law, § 7-708.

Each petition for an amendment to any ordinance shall be accompanied by such fee as is established by local law or resolution.

(Ord. of 12-15-59, Art. XI, § IV)