Permit required. Any one or combination of the following shall require a building/use permit:

Application. There shall be submitted with all applications for a building/use permit a minimum of three copies, and such additional copies as the Code Enforcement Official may specify, of a layout or plot plan drawn to scale in ink on a minimum sheet size of 8 1/2 inches by 11 inches showing the actual dimensions of the lot to be built upon, the exact size and location on the lot of any existing and proposed principal and accessory buildings and such other information as may be necessary to determine and provide for the administration and enforcement of these regulations in accord with the following:

Notification of determination. The date the application is received by the Code Enforcement Official shall be the effective date of submission for all time parameters established under these regulations, provided that such application is found to be complete and sufficient, which determination shall be made within seven days of the date of receipt by the Code Enforcement Official. The Code Enforcement Official shall issue or refuse to issue the applied for building/use permit or advise the applicant of any required additional information or referral required within seven days of receipt of the application. Notice of refusal to issue any permit shall be given to the applicant, in writing, and shall state the reasons for said refusal. Approval of the application shall be indicated by issuance of the building/use permit.

Duration of validity. A building/use permit issued under these regulations shall expire and thereafter be deemed null and void unless actual construction, erection or placement of the applied-for use has been conclusively initiated within 90 days from the date the permit is issued, except as an extension of this time period is applied for and, for due cause shown, granted by the Code Enforcement Official. Such permit shall continue in force and effect for a maximum duration of 12 months unless an extension of this time period is applied for and, for due cause shown, granted by the Code Enforcement Official.

Certificate required. No building or use requiring a building/use permit shall be used or occupied and no use otherwise required by these regulations to obtain an initial or subsequent certificate of compliance shall continue beyond the time frame provided unless a certificate of compliance shall have been issued by the Code Enforcement Official.

Application. Application for a certificate of compliance shall be made coincidental with any application for a building/use permit or as otherwise specifically stated. Such application shall be valid for the duration of the validity of the building/use permit or as otherwise specifically stated.

Notification of determination. The Code Enforcement Official shall make or cause to have made an inspection of each building or lot for which a certificate of compliance is required before issuing such certificate. Such inspection shall be made within seven days from the date of notification of project completion. A certificate of compliance shall be issued only if the proposed use of the building or land conforms to the applicable provisions of these regulations and to that plot plan, purpose and description for which the building/use permit was issued. Issuance of this certificate or written notification of refusal to issue the same and the reasons therefor are to be accomplished within 15 days from the date of notification of project completion.

Certificate required. The owner or his duly designated representative of any existing business sign or existing mobile home park shall make application for and obtain a certificate of registration.

Application. Application for a certificate of registration shall be made for the required uses within six months from the effective date of these regulations. The application shall consist of that information required under § 180-32, Site plan review, and the review of said application by the Planning Board shall be in accord with the provisions of the site plan review process.

Notification of determination. The Planning Board shall, within six months from the date of application, authorize issuance of a certificate of registration.

Duration of validity and renewal. The certificate of registration shall be valid for a period of two years from its date of issuance. Six months prior to its expiration date, an application will be filed for its renewal for a subsequent period of two years.

Compliance. No addition or change to the use as identified in the certificate shall be made unless and until a revised application is made and approved in accord with the process identified herein. Failure to apply for an initial certificate of registration within six months from the effective date of these regulations or failure to comply in every regard with the conditions and stipulations of a certificate of registration once issued shall constitute a violation of these regulations.

The Board of Trustees may, on its own motion, on petition or on the recommendation of the Planning Board or Board of Appeals, after public notice and hearing, amend the requirements and district boundaries established by these regulations.

All proposed amendments originating by petition or by motion of the Board of Trustees shall be referred to the Planning Board for a report and recommendation thereon. The Planning Board shall submit its report on or before the date of any scheduled public hearings.

Before any amendment to these regulations, including the Zoning Map, there shall be public notice and a hearing thereon as provided by law.

After the public hearing and referral to and a report by the Planning Board, a majority vote of the members of the Board of Trustees shall be required to amend the regulations, except in the issuance of a protest petition.

If a protest petition against a proposed amendment is presented to the Board of Trustees, duly signed and acknowledged by the legitimate parties in interest as provided for under § 7-708 of the Village Law, such amendment shall not become effective except by the favorable vote of at least 3/4 of the members of the Board of Trustees.

A super majority vote of the Board of Trustees is necessary for changes to the requirements and district boundaries established by these regulations in the face of a challenge by the owners of 20% of the area of land that is affected by the change.

A public hearing shall be required prior to action on any amendment, interpretation, special use or variance considered under these regulations.

The Board of Trustees shall hold any public hearing in consideration of an amendment to these regulations in accordance with the applicable requirements of law.

The Board of Appeals shall hold any public hearing in consideration of a request for interpretation or variance in accordance with the applicable requirements of law.

The Planning Board shall hold any public hearing in consideration of a request for a special use permit in accordance with the applicable requirements of law.

Public notice of any required public hearing will be advertised in a newspaper of general circulation in the village at least five days prior to the date of such hearing and shall specify the date, time, place and purpose of such hearing.

The hearing shall be conducted in accord with the guidelines established by the presiding officer. Any person or party of interest may appear in person, or by agent or attorney, and shall be given an opportunity to be heard as it is relevant to the proceeding.

Whenever any special use, site plan, variance or amendment would change the district classification of, or a proposed regulation apply to, real property within 500 feet of the following:

Notification of action taken on any matter previously referred to the County Planning Board will be given to the County Planning Board within seven days of the date of such action.

Enforcement. These regulations shall be enforced by a person designated by the Board of Trustees and herein referred to as the "Code Enforcement Official," who shall in no case grant any permit, certificate of compliance or certificate of registration for any building or use where such would be in violation of any provision of the regulations. The Code Enforcement Official shall make such inspections as are necessary to carry out his duties.

Citizen complaint. Any resident, property owner or other person of legitimate interest may file with the Code Enforcement Official a written, signed complaint against any alleged violation of these regulations.

Investigation, notification and correction procedure. The procedure involving enforcement of these regulations shall be as follows:

Violations and penalties shall be as follows:

Appeal. All appeals for relief from the application of these regulations in matters of interpretation or requests for variances shall be directed to the Board of Appeals, which Board shall function as prescribed previously in § 180-34 of these regulations. Where the Board finds that practical difficulty or unnecessary hardship may result from strict compliance with these regulations, it may vary the requirements of these regulations so that substantial justice may be done and the public interest secured, provided that such variations will not have the effect of nullifying the intent and purpose of these regulations or the Village General Development Plan (1984-1985), and as such plan may be subsequently amended. In granting such variances, the Board of Appeals shall require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied.

Article 78 Proceeding.

Interpretation. In their interpretation and application, the provisions of these regulations shall be held to be minimum requirements, adopted for the promotion of the public health, safety or the general welfare. Whenever the requirements of these regulations are at variance with the requirement of any other lawfully adopted rules, regulations or ordinances, the most restrictive, or that imposing the higher standard, shall govern.

Severability. The invalidity of any provisions of these regulations shall not invalidate any other provision thereof.

Invalidity. No approval, permit or certificate authorized or granted by any official of the village in contradiction to the provisions of these regulations shall vest any right or interest to the recipient irrespective of any action taken or obligation incurred in reliance on such authorization, nor shall the village be liable for the same under any such invalid authorization.

Liability. Nothing in these regulations, including the issuance of a building/use permit, certificate of compliance or certificate of registration, shall be construed to ensure or in any way guarantee any building, structure, improvement, installation or use against defect, failure or other shortcoming; and the village shall not be liable for the same.

Fees. A schedule of fees for the administration of these regulations in consideration of an application for any building/use permit, certificate of compliance, certificate of registration, variance or amendment shall be as established by resolution of the Board of Trustees.

Effectuation. The Village Board of Trustees of the Village of Potsdam, County of St. Lawrence, New York, does hereby ordain and enact the Village of Potsdam Zoning Regulations under and pursuant to the Municipal Home Rule Law of the State of New York and in accord with Village Law, § 7-700, of Chapter 892 of the Laws of 1972. The Village of Potsdam Zoning Regulations, as herein amended, shall become effective upon adoption by the Board of Trustees at the time and in the manner provided by law; and any existing local ordinances, statutes, resolutions, regulations or laws in conflict with its provisions shall be deemed repealed upon their effective date.

Continuation. Nothing herein shall be deemed to exempt or release any prior or current building, structure, improvement, installation or use from any requirements, stipulations or pending actions under any village requirements in force and effect prior to the effective date of these regulations. In particular, no use established or maintained in violation of the previous Village Zoning Ordinance[1] shall be released from any liability thereunder, and the continuation of such violation shall similarly be considered a violation of these regulations.