Except for exempt actions listed in § 120-3C and D of this chapter, no building or structure shall be erected, altered or moved or use instituted until a land use and development permit has been issued.

Parking lots for places of public assembly and commercial or business uses shall require a land use and development permit for placement.

When establishing measurements to meet required setbacks, measurements shall be taken from the road right-of-way or lot line to the furthermost protruding part of the use or structure. This shall include such projecting facilities as porches, carports and attached garages.

A land use and development permit issued under this chapter shall expire one year from the date of issue if construction is not substantially begun.

Any use that has been discontinued for a period of 12 months or longer shall be considered abandoned and may not be reinstituted without applying for a new land use and development permit.

Applications for land use and development permits shall be submitted to the Code Enforcement Officer or Village Clerk and shall include three copies of a layout or plot plan drawn to scale showing the actual dimensions of the lot to be used, the size and location on the lot of existing and proposed structures and accessory structures, the distance from the building line to all lot lines, road lines, waterfront property lines and streams and such other information as may be necessary for the enforcement of this chapter. This information, and other relevant application data, shall be provided on forms issued by the Village Clerk or Code Enforcement Officer.

Permit fees shall be established by resolution of the Village Board.

Temporary permits may be issued by the Code Enforcement Officer, upon approval by the Board of Appeals, for a period not exceeding one year. Such temporary permits are conditioned upon agreement by the owner or operator to remove any nonconforming structures or equipment upon expiration of the temporary permit or to bring the use into compliance by a specific time. Such permits may be renewed.

This chapter shall be enforced by the Code Enforcement Officer, who shall be appointed by the Village Board.

The duties of the Code Enforcement Officer shall be to:

See Chapter 121 in the Village of Rouses Point Code.

Creation. A Board of Appeals is hereby created. Said Board shall consist of five members. The Village Board shall appoint the members of the Board of Appeals on a staggered term basis in conformance with Village Law and shall appoint a Chairman and Vice Chairman. The Board of Appeals shall select a Secretary and may prescribe rules for the conduct of its affairs.

Authority. The Board of Appeals shall have all of the authority as granted by Article 7 of the Village Law and the following specific authority with respect to this chapter:

Penalties. Any person owning, controlling or managing any such building, structure, land or premises wherein or whereon there shall be placed on or there exists or is practiced or maintained anything or any use in violation of any of the provisions of this chapter shall be guilty of a violation pursuant to the Penal Law of the State of New York and punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days or by both such fine and imprisonment. For each twenty-four-hour period such violation continues, every such person shall be deemed guilty of a separate offense. Where the person committing such violation is a partnership, association or corporation, the principal executive officer, partner, agency or manager may be considered to be the "person" for the purpose of this section.

Alternative remedy. In the case of any violation or threatened violation of any of the provisions of this chapter or conditions imposed by a land use and development permit, in addition to other remedies herein provided, the Village may institute any appropriate action or proceedings to prevent such unlawful erection, structural alteration, reconstruction, occupancy, moving and/or use to restrain, correct or abate such violation, to prevent the occupancy of such building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises and to collect a penalty or fine assessed hereunder.

Stop-work order.

Appeal. Any person found to be in violation as described above may appeal the notice of violation to the Board of Appeals. Such appeal must be in writing and may be made no later than 60 days from the date of the notice. An appeal to the Board of Appeals shall stay enforcement, including the accumulation of fines and penalties, from the date such appeal is filed in the office of the Board of Appeals to the date of a determination by the Board of Appeals.

Misrepresentation. Any permit or approval granted under this chapter which is based upon or is granted in reliance upon any material misrepresentation or failure to make a material fact or circumstances known, by or on behalf of an applicant, shall be void. This subsection shall not be construed to affect the remedies available to the Village under § 120-66A, B and C of this chapter.

State law requires that certain variances, special use permit approvals or zoning amendment actions be referred to the Clinton County Planning Board for their review prior to taking final action on the matter. Such actions are those which affect real property within 500 feet of any of the following:

If the County Planning Board does not respond within 30 days from the time it receives a complete application, final action may be taken on the matter without such report. The term "receives" as used in this subsection shall mean delivery at least one week in advance of the regularly scheduled County Planning Board meeting.

In the event that the County Planning Board disapproves the proposal or approves it subject to modifications, then the local Board may override the county opinion only by a vote of a majority plus one of its members.

The local Board shall send a copy of its final decision to the County Planning Board within seven days after the Board is contrary to a County Planning Board recommendation, then the local Board shall send a resolution fully stating the reasons for its contrary action.