This chapter shall be known and cited as the "Sylvan Beach Village Zoning Code."

Enactment of this chapter by the Village is pursuant to Article 7, § 7-700, of the Village Law of the State of New York, and Article 27 of the Executive Law of the State of New York and pursuant to Municipal Home Rule Law and the Constitution of State of New York, and the Village Board hereby declares its legislative intent to supersede any provision of any local law, rule, regulation or provision of the Village Law inconsistent with this chapter. The Village Law provisions intended to be superseded include those portions of Article 7, §§ 7-725-a and 7-725-b, as they relate to the recovery of expenses incurred when the Village employs professional assistance during the site plan and special use permit review processes and any other provision of law that the Village may supersede pursuant to the Municipal Home Rule Law and the Constitution of the State of New York. The courts are hereby directed to take notice of this legislative intent and apply it in the event the Village has failed to specify any provision of law that may require supersession. The Village Board hereby declares that it would have enacted this chapter and superseded such inconsistent provision had the need to do so been apparent.

The regulations of this chapter shall be made in accordance with the Village Comprehensive Plan and are enacted pursuant to the Village Law of the State of New York, Chapter 64 of the Consolidated Laws, Article 7, to protect and promote public health, safety, morals, comfort, convenience, economy, aesthetics and the general welfare. Further, it is the purpose of this chapter to preserve the local history, culture and green space; to encourage the most appropriate use of land in the Village in order to conserve and enhance the value of property; to provide adequate and suitably located commercial facilities; to protect waterways; to assure privacy for residences and freedom from nuisances and things harmful to the senses; to protect the Village and its inhabitants against unsightly, obtrusive and noisome land uses and operations; and for the other purposes herein specified. Further, it is the purpose of this chapter to maintain the traditional neighborhood pattern of development in the Village of Sylvan Beach, particularly in those portions of the Village where there is likely to be the most new development and redevelopment. An inviting and attractive street environment that encourages informal pedestrian interaction characterizes this form of development. The economic and social vitality of the Village of Sylvan Beach depends upon maintaining the historic street environment, the economic viability of its businesses, and a hospitable atmosphere for residential occupants.

The adoption of this chapter shall not affect or impair any permit granted, act done, offense committed or right accrued or acquired, or liability, penalty, forfeiture or punishment incurred, prior to the time this chapter takes effect, under any prior Zoning Code of the Village of Sylvan Beach, but the same may be enjoyed, ascertained, enforced, prosecuted or inflicted as fully and to the same extent as if this chapter had not been adopted, and all actions and proceedings commenced under or by virtue of such prior code and pending at the time this chapter takes effect may be prosecuted and defended to final effect in the same manner as they might have been if this chapter had not been adopted.

(Reserved)

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety and general welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, local laws or codes, the most restrictive thereof, or those imposing the highest standards, shall govern.

The Village Board may, from time to time, on its own motion or on petition or on recommendation of the Planning Board, amend, supplement, change, modify or repeal this chapter in accordance with the applicable provisions of law.

This chapter shall become effective within 30 days of being filed within the New York State Department of State's Office.