OCR Interpretation

Rockland County times weekly. (Haverstraw, N.Y.) 1889-current, December 30, 1971, Image 9

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HAverstraw 9-2000 The Bockland County Times, Haverstraw, N. Y., December 30, 1971 Page Nina ^ 112 Corner lots On n corner lot each lot line which abuts a street shall be deemed to bt a front lot line, and the required >nrd alonp both lot frontages shall bt a rcqinrid front yard The' owner shall elect and so designate on the pint plan which of the remaining two (2) rtqiitrcd yards shall be the required side vard and the required rear vard ^ 12 If any lot is divided by a district bound irv the part of suth lot within each district shall hi regulated bv all the Bulk Regulations of that district The number of dwelling units for each put of the lot shall not cxcicd the number permitted hv the district in which the respective part IS located .and averaging of dwelling units shall not In permitted If a lot is divided by a /mu district boundary and such lot is capiblc of providing only a single residential dwelling then such dwell ing shall conform to the requirements of that districi which encompasses the ma)orit> of the 1 ind .ire i of the lot i lots within twentv live (2^) feel ofi hoiindarv of a more restrictive district Where a lot line lies within twenty five (2^1 feet of the hoiindarv of a more re strictivc district the required yard and ^ 24 No more than twenty five percent (2^*\ ) of any land (11 under water. (21 subject to flooding (1) within utility or other ease menis or rights of way. (41 with slopes of over thirty percent (Id\ 1 for residential uses and over twenty percent (20* ’ 1 for all other uses and ('1 within a design.iicd street line of any road shall be counted as part of any minimum lot area requirement of this ordinance S 2^ Small lots in PI A lot in PI. owned individually and separately and separated from any adjoining tracts of land prior to date of adoption of the Ordinance whose lot width is less than the mininuun require-' ments set forth for group \H in the Bulk Table shill he developed in conformance with the use regulations and all other hulk regulations except (hat (he lot il width of both required side yards may be reduced one (1) fool for each fool the lot width is less than one hundrcii and twenty five (125) feet provided no required side yard may he less than twenty (20) feel engineer only by a conforming use 614 Sire of spaces Fach parking space This provision shall not prevent the shall have a minimum width of ten (10) repair of nonconforming buildings dam- feci and a minimum length of twenty (20) aged to the extent of less than fifty per- feet to provide room for standing areas cent (50%) of its real value and isles for maneuvering The aisle 7 36 Termination of certain nonconforming tj.'S T S(fiiinl«ln Prntri lion niRlrl<'t Purpose Development of the Palisades should lake into consideration the prob- - ..... ......... . ------ ......... , Icms and potential of its unique natural budding height requirement along such features so that the resulting development lot line shall conform to the minimum will generally enhance the character of the icgiilations of said more restrictive dls Village Tin MPD was created in rccognl- trict lion of the problems of construction and s M < niiri-. maintenance of roads and underground iilili S M llmiuisum. o( outer courts An l.cs Jramage soil slabilltv anrl erosion fire mint courl shill Ire al least ( I ) twenty anil snow removal service anil fiirllicr Ihc I2III fitl Wiile. (2) as wide asilsilcpth, minimum suitable devciopmen areas tbal or 131 as widi as the height o( ihc occur on lire s eep slopis ol the nmlhcrly hielicsl wall adpiining said court, fact of the Palisades as well as the need wimlwset ts Ihe greatest preserve a niaximiim amounl ol Ihe nat- s tas iSimr n^infis <if inner courts An urnl features of the Village inner court shall In .it least hfty (50) Mountain feet in Ic.isi hori/ontal dimension Two biilk controls arc m oddiilon to those of sV nsvsn -end iiiiohsiriictcd nass.iflc- the present comprehensive zoning districts wlU.^Scb a? icasrc*;;'!;! (§) tS liS, of tfe Village This Disinct utilizes spec al .md nun (9) feet wide to permit ac- review procedures and applies special Bulk cess bv fire lighting equipment, shall be Regulations to mountatnous areas provided .it ground level to any inner The TOP OF THF MOUNTAIN RIDGE court LINE Is hereby officially established and is 5 IS Sp.icing to bvuWmgs located where it now exists 5 1S| Sp.Ktng of rcsidcnii.d buildings No t/vc ( onirols The Uses within (he MPD pnncipd residcmi.i1 building shall be District arc subject to the applicable Use closer to .in> other principal building Regulations of the Zoning Districts of the on the siinc lot ih.m the height of the subject parcels taller nl the two (21 bvuldvngs pro- Hii/k ( ontrofs vidfd Ih.ii the minimum sp.ieing shall be 5 31 DensUy — Xhe density (number of dwell- thirty (111) feel ing units on a given site) shall be re- S 1S2 I oe.uion of det.ichod accessory duced from that which is permitted in buildings No detached accessory build- jhe Zoning District for sites with exist­ ing shdl be closer to .vny principal building than a disi.mce equal to the height of such acccssorv building and in no event less ihm fifteen (15) feet 5.*».2 F«r« |>lt*mn to bulk rr^uUllons 5 21 Small lots for single family detached residences A lot either owned individu ally .md sep.ar.itcly .md sepir.ited from .my .idjoining tr.tcis of l.md on the elTcc- tive date of this ordinance or locitcd in any p.irl of a subdivision plat which has been given prclimin.arv approval by the Planning Rood prior to such date which has a total area lot frontage or lot width less than the minimum required in the Bulk T.able may be* used for a single family detached residence provided such 5 34 Height- lot shall conform to the use regulations ----- — • and .ill the other bulk regulations except as follows A c' Residential Districts ing slopes of over 18% The number of units permitted shall be 1 /2 of that which can be built in the same Zoning District e»n a generally level site 5 32 Open Areas — ^ , v. « (a) A minimum of 50% of the site shall remain in its natural state and shall noi be subject to removal or addition of natural vegetation sod or subsoil (b) An additional 20% of the site shall remain in an open landscaped, or open recreational use 5 33 Setbacks — setbacks to lot lines ^nd be ­ tween buildings on the site shall not be ess th.m the height of the nearest build- me wall Maximum Reduction both side yards per ft less th.in required (inches) 6 6 B For all such lots m A above (he height Lot Minimum Width Each (Ft ) Side From Yard - To (Ft ) 75-60 10 ^9 or less 75 5 341 The height of structures shall be as determined oy (he Planning Board m order to achieve the preservation of natural features and quality of adja ­ cent neighborhoods and to reduce the problems of construction and mam- S^342 ” 'The height of buildings should not block the view 0! uphill structures on adjacent properties 5 343 The greatest height of any building shall be 150 ft below the top of the mountain ridge line of the Palisades 5 35 Parking — (1) Open parking shall not cover more than 12% of the site limitation imposed m the Bulk Table 5 36 Development Review— shall niu .apply and the maximum build' mg height shall be (wenty-hve (25) feet 5 22 Permitted obstructions in required yards courts md usable open space All required yarde courts and usable open spaces shall he unobstructed except as provided in this section Since required yards courts and usable open spaces shall be open to the sky an obstruction shall include the projection of a structure into such spaces at any level aboveground 5 221 An arbor open trellis fl igpole un ­ roofed steps or unroofed terr.ice pro ­ vided said unroofed terrace docs not exceed one (1) foot above ground level or recreation or drying yard equipment shall be permitted m .my required vard. court or usable open space without limitation 5 222 An awning or movable canopy may protect not more than ten (10) feet, cornices or eaves may project not more than eighteen (IK) inches a window sill or belt course m iv project not more than SIX (6) inches into a required yard court or us.ibk open space 5 223 An open (ire escape miv project not more than six (6) feet into a required yard or court but shall not project into any usable open space , 5 224 OfT-street parking spaces Except for multi family rtsidcnees open ac- ' cessory off street p.irkinp spices are ivcrmitled m required front yards and no off-street p.irkmg space shall be located within .my required usable open space No enclosed accessory off street parking spice including a gar age IS permitted m a required front yard However where by reason eif exceptional topography it is impractical to construct an accessory garage behind (he required front yard the Board of Appeals may permit the construction of no more than two (21 enclosed park ­ ing spaces within a required front yard accessory to a residence In determining the proper location for such facility consideration sn.all be given to traffic safety and the effect em nearby prop erty • 5 225 Comer lots To ensure adequate sight distance, no hedge, fence, wall or other visual obstruction over two (2) feet above adjacent street pavement and no accessory off-street parking space shall be located within the triangular area prescribed by lines connecting the comer of the lot and a point on each of the intersecting lot lines forming said comer and no accessory off-street park ­ ing space shall be located wilhin the triangular area prescribed by lines con necimg the comer of the lot and a point on taeh of the intersecting lot lines forming said comer located twenty- five (25) feel from the comer Shade trees mav he permitted provided that foliage branches etc do not obstruct vision on any street 5 226 Fences and walls A solid fence or free standing wall not more than four and one half (4 1/2) feet m height is permitted .dong any lot line Any such solid fence or w.dl over such heights IS permitted provided it is set back from the lot line a distance equal to iwo- thirds (2/3) its height However, where screening is required by Village* agen­ cies or provisions hereof such height limitation shall be six (6) feet without setback A nonsolid fence not more than six (6) feet in height is permitted along any lot .... 5 227 Accessory buildings in required side or rear yards A building accessory to a single-family or two family dwelling in .my district may be ioc.ded in any reouired side* or rear yard provided (a) it does not exceed twelve (12) feet in height (b) It IS set back from any lot Imt two thirds (2/3) the height of such budding and (c) the floor area of ail such buddings on the lot iloes not exceed five jK'rcent (5% ) of the .irea of the lot Aceessory buildings construeted at the! same time miy be located in pairs or groups in iht required rear yard along the eommon -ide or rear lot line Ac-j ecssory buildings when not constructed, in pairs or groups on adjacent yardw shall be* no closer than ten (10) feet to, ' the rear or side yard line in any district 5 228 Accessory buddings m required, front yards Where necessary and ap-j propnate the* Board of Appeals may authorize any one (1) of the following, accessory lo a commercial or industrial use m C, CS. PO or PI, or to an in fctitutlonal use m any district (1) one (I) dwelling unit for a caretaker, (2) gatehouse (3) reception office, or (4) watchman ’ s post, to encroach in a re-, qulred front yard, provided such ac-' ccssory budding (a) is set back at least, twenty-five (25) feet from the front lot' line and ten (10) feel from any other lot line, (b) docs not cover more than one percent (1%) of the area of the lot, and (c) has a height of no more tfTan twenty-five (25) feet 5 229 Location of loading berths No ac cessory oft street loading berth, whether open or enclosed, shall be located with­ in a required front yard 5 23 Permitted height exceptions The height limitations of the regulations bhall not apply to a flagpole, radio or television aerial, transmission tower or cable, spire or cupola, chimney (except a smoke ­ stack for a greenhouse in any residential district), elevator or stair bulkhead; pent ­ house. water tank or cooling tower, any or all of which occupy In inc not more than ten percent (10%) of the loof of the building 5 361 Applicants within the MPD shall be charged the fees to pay special consultant services which the Village shall deem necessarv to adequately review the proj- 5 362 All development within the MPD shall be subject to Sue Plan Review pro cedures of the \ ilkigc Planning Bo.ard The Pl.mnmg Board sh.iU requ^est a re view by the Sod Conservation Service of the U S Department of Agriculture for recommendalions for sod stability and drainage ^ _ 5 363 When the Village Engineer deems the project design to be so complex or if he questions the adequacy of facilities to handle problems of drainage, sod stability, or other developmental prob ­ lems. the project shall be submitted by the Village to a qualified engineering firm for review Said review shall be received within 30 days, unless the applicant and the Village mutually agree to an extension The Village shall charge the fee for the engineering re ­ view to the applicant 5 364 In a Planned Industrial District, which IS within an MPD. it is the inten ­ tion of this Ordinance to preserse the na ­ tural katuics ol the face of the mountain witli a view towards conservation of the pre'sent resources Any plan or project affecting the face of the mountain must be submitted to the Site Plan Review Committee and to the Planning Board for approval If the Planning Board deems the projccl of such a nature, it nia> require a public hearing on the projeet to be held pursuant to the pro ­ visions of the Zoning Ordinance and the Village Law ARTICLE VI P« rniltt(*<rfln<! Required Off-Strtrt Parkins «nti I oadins Faellitieii ^6 1 Ptriiiitted acrriiiiury parkins. Off street parking spaces open and cn- etosed, are permitted accessory to any use. provided that (a) There is no limitation on the number of agricultural vehicles permitted ac ­ cessory to an agricultural use but only one (1) commercial vehicle not over one half (1/2) ton capacity and only one (1) unoccupied trailer may be parked on that portion of a residential lot lying to the rear of the residence, and (b) Only one (1) spate accessory to a residence for one (1) or two (2) fami ­ lies may be rented out $6 2 P< rniltircl arcesMory loadiitR bertha. Off-street loading berths, open or en ­ closed, arc permitted accessory to any use except residences for one (1) or two (2) families However no off street loading berth shall bt located within a required front yard §6.3 Rrquind uff-airrrt parking apacea. 6 31 Applicable to all uses Accessory off- strett parking spaces, open or enclosed, shall be provided for any lot for any use specified in Use Table. Column 6 Any distance separation from back to back sp.ices shall be twenty-five (25) feet En ­ trance and exit roadways shall not be tomputed ns parking space except for single family and iwof.amlly residences, as in §6 32 6 35 Access Unobstructed access to and from streets shall be provided Such ac­ cess shall consist of at least one (1) twcivc-foot l.inc for parking area with less than twenty (20) spaces and at least two (2) twelve fool lanes for parking areas with twenty (20) spaces or more, except along state highways the width of access shall not exceed thirty five (35) feet Not more than two (2) lanes may be so lotatcd so as to provide access to the s. ame public highway All such access lanes shall be separate from any other .access lane by a curbing of sufficient height to prevent traffic over the same and separating the access lanes by a dis- t. ancc of at bast fifty (50) feet No parking space should be wilhin thirty (30) feet of any Lntr.anceway to a parking field having a capacity of twenty (20) or more autos 6 36 Drainage and surfacing All open park ­ ing arc.is sh.all be properly drained and all such areas shall be paved Except for driveways serving one and two family limiscs (he paving shall consist of three (3) inches of one and one h.ilf inch ciiishcd stone pcntiraicd and rolled with a len Ion roller and topped with a two-* inch asphaltic concrete wearing surface or equivalent as approved by the Village Engineer or consulting engineer and ex ­ cept further that grassed areas may be. used for an athletic (leld, stadium of agncviUural use 6 37' Joint laeilities Required parking spaces open or enclosed, may be pro ­ vided in spices designed to serve jolntty two (2) or more cst.ablishmcnts whether or not located on the same lot. provided that the number of required spaces in such joint facilities shall not be less than the total required for all such est.iblishmcnts 6 38 C omhined uses \V hen any lot con­ tains two (2) or more uses having differ­ ent parking requirements, the p.irking re­ quirements for each use shall apply to the extent of th.it use Where it can b^ conelusivciy demonstiatcd that one (I). or more such uses will be generating a demand for parking spaces primarily dur ­ ing periods when the other use or uses Is not or are not in operation, the Board of Appe.ils may reduce the total parking spaees lequircd by hfty percent (507c) of the parking spices required for the use ^ with the le.ist requirement ^6. i Ri '|uir< fi off-Klrc rl loading berthi 6 41 Uses for which required Accessory off- street loading berths shall be provided for any lot for any use specified in Use Table. Column 7 Any land which is deveroped .is a unit under single ownership and c®\* I rot shall be considered a single lot for the purpose of such requirements 6 42 Size location .ind access Each re­ quired loading berth shall be al least fif ­ teen (15) feet wide forty (40) feet long, .md fourteen (14) feet high (except as provided for undertaking establishments in Use Table. PO Column 7) and may be located cither within a building or in open space but not within required ac­ cessory off-street parking spaces or ac­ cessory drives thereto Unobstructed ao cess, at least ten (10) feet wide, to and from a street shall be provided Such ac­ cess may be combined with access lo a parking lot All permitted or required loading berths shall be on the same lot* as the use to which they are accessory,* except as provided m 56 43 6 43 Joint facilities Permitted or required loading berths, open or enclosed, may be provided in spaces designed to serve jointly two (2) or more ^idjaccnt estab ­ lishments. providid that the riumber of required berths m such joint facilities shall not be less than the total required for all such establishments $6 .*> Afitilllonal rrgulatlons for both |>orniitlf*d and r<'qulrr<l aerrMorjr parking and loading brrthi. 6 51 Access near street comers No entrance or exit for any accessory off street park ­ ing area with over ten (10) parking spaces nor any loading berth, shall be located within fifty (50) feel of the inter ­ section of any two (2) street lines 6 52 Screening and floodlighting Any part i>f any off-street parking area with five (5) or more spaces, and any loading berth located in or within fifty (50) feet of any R District or R District use, shall have a screen between the same and all lots within such R District, including those, if any. located across a residential street If floodlighting is used, it shall be arranged so as lo prevent the glare of lights toward any contiguous residential lot disregarding any intervening street. 6 53 On lots divided by district boundaries When a lot is located partly in one (1) district and partly in another district, the regulations for the district requiring the uses and nonconforming features of such uses Each of the nonconforming uses and nonconforming features of such uses specified in this section may be continued after the effective date of this ordinance for a reasonable period of amortization, as specified below, provided that after the expiration of such period of amorH- zation such nonconforming uses or non- conforming features thereof shall then be terminated as specified below 7 361 Nonconforming sims In any resi ­ dential district, any advertising sign, or any other sign not of type permitted, or of a permitted type but greater than four (4) times the maximum sign area permitted, may be continued for three (3) years after the effective date of this ordinance, provided that after the expiration of that period such non ­ conforming use shall then be termi ­ nated 7 362 Nonconforming open storage yards, outdoor displays or Junkyards in any residential district. PO, C. or CS Any nonconforming open storage yard, or any outdoor display or storage of mer ­ chandise in connection with an auction establishment or store specializing in secondhand merchandise, in any resi ­ dential district, PO. C or CS, which is nonconforming, either because not per ­ mitted in the district or because not located within a completely enclosed bulldInB. may be continued for one (1) ^ year after the effective date of this ordinance, provided that after the ex ­ piration of that period such noncon ­ forming use shall then be terminated However, no such use will be required to terminate if within said period it shall be located within a completely enclosed building Any nonconforming junkyard in any residential district, PO, C or CS may be continued for three (3) years after the effective date of this ordinance, provided that after the ex ­ piration of that period such noncon ­ forming use shall then be terminated 7 363 Nonconforming manufacturing uses In residential districts In any residential district any nonconforming manufactur ­ ing use which is first permitted by right in PI may be continued for (a) ten (10) years after the effective date of this ordinance or (b) thirty (30) years after the initial establishment of such use or any addition thereto adding fihy percent (50%) or more to the real value of such use. whichever is the longrr period, provided that after the expiration of that period such non- conforming use shall then be termi ­ nated However, no such use shall be required lo be terminated if it can con ­ form to the performance standards In Article IV 7 364 Nonconforming parking of com ­ mercial vehicles in residential districts In any residential districi any noncon ­ forming parking of commercial vehicles may be continued for one (1) year after the effective date of this ordinance provided that after the expiration of that period such nonconforming use shall then be terminated 7 365 Nonconforming parking and load ­ ing spaces In any district noncon- forming parking and loading spaces may be continued for two (2) years after the effective date of this ordinance, provided that after the expiration of this period, and provided further that the owner of Ihe nonconforming pre ­ mises has sufficient available open land at the site to provide parking and load ­ ing spaces which conform to the re ­ quirements of this ordinance, such non ­ conforming use and feature shall termi ­ nate . . _ Within one (1) year after the effec ­ tive date of this ordinance, the owners of all nonconforming uses situate in R Districts shall provide such landscaping and screening as shall be required by* the Board of Appeals to protect the' residential character of the surrounding R Districts 7 37 Modification by Board of Appeals If. on application made at least six (6) months before the expiration of the period prescribed in 57 36 for termination of a nonconforming use or nonconforming feature thereof, the Board of Appeals shall find that the period prescribed is unreasonable or inadequate for the amor ­ tization of the special value of the prop ­ erty resulting from such nonconforming use or nonconforming feature thereof then the Board of Appeals may grant such an extension of Ihe period prescribed as It shall deem to be reasonable and adequate for such amortization, provided that no such period of extension shall exceed one hundred percent (100%) of the period prescribed, and such extension can be granted only once for any use article VIII AdininUtratlvr Provlalonai Intrrprrtalion. Fnforcrrnrnt, Board ot Appeal* and Amendments greater number of parking spaces or ?8.1 Interpretation of Ordinance, loading berths shall apply to all of the lot 8 11 Regulations are to be regarded as - • .... ------------- minimum provisions In their interpreta ­ tion and application, the regulations of this ordinance shall be considered to be minimum provisions for the protection and promotion of public health, safety, morals, convenience, comfort, prosperity and other aspects of general welfare It is hereby declared to be the legislative intent that this ordinance shall be regarded as remedial to help in providing for all residents of the Village the benefits of an orderly pattern of development, and this ordinance shall therefore be construed liberally to further its underlying pur ­ poses 8 12 Other ordinances and pnvate agree ­ ments This ordinance is not intended to interfere with, abrogate or annul any other ordinance regulation or other pro ­ vision of law, or any easement, covenant or other private agreement or legal rela- itonship When this ordinance Imposes restrictions on use or bulk different from those imposed by any other statute, ordi ­ nance. regulation or other provision of law, or by any casement, covenant or private agreement or legal relationship, whichever provisions are more restrictive, or impose higher standards, shall control Parking spaces or loading berths on such a lot may be located without regard to district lines, provided that no such park ­ ing spate or loading berths shall be located in any R District, unless the use to which they arc accessory is permitted in such disinci, or by special permit of the Board of Appeals or the Board of iiU'.ttcs, as set forth in 58 371 * AvneUTH Nonconforming Use and Nonconforming Uuik Regulations 57.1 Applicabilily. This Article applies only to uses in exist­ ence on the effective dale of this ordinance Except as otherwise expressly provided In 57 3. the lawful use of any premises cxlsimg on the effective date of this ordinance may be continued although neither such use nor the bulk of the same conforms to the regu lations ihe effective dale of this ordinance as referred to in this Article shall also in ­ clude the effeettve date of any subsequent amendment to this ordinance which may cause any use to become a nonconforming use subject to the regulations herein Provided that a use m existence at the effective date* of this ordinance, which use 1% permitted by special permit, within the . ........ . ......... --------------- . ilistnet in which the use is located, shall be 8 13 Existing permits, subject to provisions considere'd a conforming use for the pur ­ poses of this ordinance and shall not be rcqimed to obtain a special permit to con­ tinue said use 57 2 llulldings with iiunr-oiiforming bulk. Normal maintenance and repair, struc- iviral alteration in and moving, reconstruc- ^l>ceiiie'ei iii use itiuie, vuiuiiiii o nnj ------- - ----- . . ___ land which is developed as a unit under «»on or enlargement at a building wiib n^- of Article VII and 58 234, this ordinance IS not intended lo abrogate or annul any building permits, certificates of occu ­ pancy, variances or special permits law­ fully issued or preliminary site plans and subdivision plats approved before the eflecuve date of this ordinance. 2 Enforcement- smslc own.. shTrand comrol w h uses conforramB bulk is permitted It the same S21 Building and Zoning Inspector. Tills single ownersnip anu cuniroi Wlin u^s p nr i-rpnle nrUlnsni.* .h.ll b.. enrnrri.d hv n Rlittd no subieci lo Ihc rcgulalions of Use Table, dues noi increase the ‘ lyrn-e of or creale Column 6 shall considered a single lot un> nonconforming hulk In such build for the purpose of such regulations How- 'rig ever, such requirements shall not apply >7.1 Nonconforming use. lo an addition to or reconstruction of a church where such addition or recon ­ struction IS on land owned prior lo Ihc effective date of this code 6 32 Areas computed as parking spaces Areas which may be computed as open 01 enclosed off street parking spaces include any private garage carport or other area available for parking, other than a street or a driveway except that a driveway within a required front yard for a single- family or two family residence may count as two (2) parking spaees other than on a corner lot as provided in 55 225 6 33 Location and oivnership of required ac ­ cessory parking facilities Required ac­ cessory parking spaces, open or enclosed, may provided upon the same lot as the use* to which lhe*y arc accessory, or elsewhere, provided all spaces therein are located within one thousand (10(H)) feet walking distance of such lot In ali, eases such parking spaces shal) conform to al) the regulations for the district in whieh they arc located, and In no event shall such parking spaces be located in any R District unless the uses to which they are accessory are permitted in such districts, or by special permit of the Board of Appeals or the Board of Trus tees, as set forth in 18 371 Such spaces shall be m (he same ownership as the use to which they are accessory and shall be subject to deed restriction, filed with the County Clerk, binding the owner and his heirs and assigns to maintain the required number of spaces available cither (a) throughout the existe nce of such use* to which they arf accessory or Ch) until such spaces are* provided elsewhere 6 331 Backing into public highways ex ­ cept for single- or two family resi ­ dences Such off-street parking spaces shall be so laid out that it shall not be necessary for a vehicle parked thereon to back into any publie highway At Ihc exit from all such areas a sign slial] be promtneniiy displayed advising users of the parking space* that backing into the public highway is prohibited 6 332 Driveways of single- or two-family residences shall be properly graded to meet the established grade of the public right of way and/or sidewalk Said dZiveway shall be at least ten (10) feet wide and installed with at least three (3) inches of binder mix with a top wearing course of one and one-half (l-t/2) Inches fine mix asphaltic con ­ crete, rolled with a four- to six-ton tan dem roller, or equivalent as approved by (he Village Engineer or consulting 7 31 Repair .ind alteration Norma! main ­ tenance and repair of and incidcntial al ­ teration in a building occupied by a non ­ conforming use IS permitted if U docs not extend the nonconforming use No struc ­ tural alteration or enlargement shall be made* in a building occupied by a non- conforming use, except (a) when re ­ quired by law, (b) to adapt the building to a conforming use. or to any other use ptnnlltcd under 87 32, or (c) in a build ­ ing aecupicd by a nonconforming use permitted to extend under 57 34 7 32 Change of use* Any nonconforming use may be changed to (a) any conforming use. or (b) on application to and with the approval of the Board of Appeals to any use which the Board of Appeals deems to be more In the district in which the said eliange of use is proposed 7 33 Discontinuance of use if active and continuous operations are not carried on with respect to a nonconforming use dur ­ ing a continuous period of one ()) year, the building or land where* such noncon ­ forming use previously existed shall there ­ after be oeeupied and used only for a con­ forming use Intent lo resume active operations sliall not affect the foregoing 7 34 Extension or enlargement Exiensioa or enlargement shall mean (a) In the case of a nonconforming use in a building, the enlargement of such building so as to create additional floor urea, the extension within any existing building to any por- nun of the floor area therein not formerly used for such nonconforming use, except where such additional floor area was manifestly designed for such use at the nmc such use became nonconforming, or extension of the use of an area out ­ side of the building, a d (b) in the case of a nonconforming nonbuilding use, the use of any .idditional land on which iW> substantial operations were previously conducied, provided that any such ex ­ tension or enlargement is on the same lot occupied by the nonconforming use on the effective date of this ordinance A nonconforming use shall not be extended, except as follows to (he extent the dls trict bulk regulations permit, on appli- ordinance shall be enforced by a Building and Zoning inspector and one (I) or more Assistant Building and Zoning In ­ spectors, as deemed necessary (referred to herein individually and collectively as the “ Building Inspector ” ) appointed by the Board of Trustees It shall be the duty ot the Building Inspector and be is hereby empowered 8 211 To inspect any building, structure or land to determine whether any viola­ tions of this ordinance have been com ­ mitted or exist, whether or not such building, structure or land is occupied, and whether or not a certificate of occ^ancy has been issued 8 212 To Issue a building permit and certi ­ ficate of occupancy when compliance is made with the regulations, to refuse to issue the same in the event of non- compliance, and to give written notice of such refusal and the reason therefor to the applicant, which shall be en ­ dorsed on the application 8,213 To keep the Board of Trustees ad ­ vised of all matters pertaining to the enforcement of this ordinance, to make and keep all records necessary and ap ­ propriate to the office, including records of (he Issuance and denial of all build ­ ing perintts and certificates of occu ­ pancy and receipts of written complaints of violation of this ordinance and action taken on (he same, and shall keep a record of all permua mid certificates of .occupancy issued, in a separate book 'that shall available for public In- spcLtiun 8 214 The Building Inspector shall issue and post notices of violations, stop, orders, revocation of building permits' and certificates of occupancy, and shall order the remedying of any condition or omission that is found to be In viola ­ tion of this ordinance In addition, by resolution, the Board of Trustees may direct the Building Inspector to revoke such building permits and certificates of occupancy, issue such stop orders, make such inspection and reports, initi ­ ate and ake such court proceedings and perform all other actions as re ­ quired by the Board of Trustees as may be necessary to enforce this ordi ­ nance or to invoke penalties for its violation ' cation to and with the approval of thCi 8 22 Building permits and certificates of Lfd of Appealsls occupancypancy granted only in conformance Bo^d of Appea occu grant ) iS iJamage and destruction If a buUdbig with regulatlofls occupied by a nonconforming use is damaged to the extent of fifty percent (50%) or more of its real value, such building may be repaired provided that substantial work is undertaken within one (1) year after such damage, otherwise such building shall (hereafter be occupied 8 221 No building permit or certificate of occupancy shall be issued unless the proposed construction or use is In con ­ formance with all the provisions of this ordinance and other applicable laws 8 222 Whenever the Building Inspector' determines upon reasonable grounds that work on any building or structure is being or has been conducted In viola ­ tion of any of the provisions of (he State Building Code, State of Federal laws, building taws, ordinances, local laws, regulations, rules or specifications of the Village of Haverstraw or other applicable laws or regulations, or the re ­ quirements of any approved site plans, or subdivision plat, including required drainage, grade or elevation plans, or not in conformity with the provisions of any application, plans or specifica ­ tions upon which a building permit was issded, or (hat such work Is being con­ ducted in a dangerous or unsafe man ­ ner, then the Building Inspector may notify the owner of the property, or the owner ’ s agent or the person perform ­ ing the work to suspend such remain ­ ing work on any building or structure which is or could be affected by the violation, located within (he plot or subdivision where the violation exists If work remains to be performed on such buildings or structures, such per ­ sons shall forthwith stop such work and suspend ail building activities on the affected buildings or structures un­ til (he stop order has been rescinded Such stop order and notice shall be In il writing, shall state the conditions under which the work may be resumed and may be served upon a person lo whom it is directed either by delivering It per ­ sonally to him. or by posting the same upon a conspicuous portion of the build-, ing or structure under construction and sending a copy of the same by regis ­ tered mall Any person aggrieved by such a stop order may appeal to the Board of Appeals within thirty (30) days to review the same, and the Board of Appeals on such review may affirm, modify or reverse the action of the Building and Zoning Inspector, as the facts may warrant, except as provided in 58 361 8 223 Where the determination of viola­ tion concerns a building or structure for which a certificate of occupancy has already been issued, the Building In ­ spector may terminate the certificate of occupancy in accordance with 58 245 23 Issuance of building permits. 8 231 A building permit is required for* (a) The construction, reconstruction, moving, demolition, structural altera ­ tion or change in the use of a building or a structure affixed Into the grounci (b) Any change in the bulk of a build ing, structure affixed into the ground^ or nonbuilding use, but not including ordinary repairs which are not struc ­ tural In nature (c) The erection, moving, alteration or display of any sim, with the excep ­ tion of tbe type of signs permitted In K-1 District in Use Table, Column 5. Nos I and 3 8 232 Application Application for a building permit shall be made to Ihe Building Inspector on forms provided by him and shall contain the following information (a) A description, agreeing with the Tax Map of the Villan of Haver­ straw. of the land on which the pro ­ posed work is to be done; (b) A statement of the use of occo- pancy of all parts of the land and of the building or structure, (c) TTie valuation of the proposed work; . (d) The full name and address of the owner and of the applicant, including the names and addresses of each office and director of any corporation, (e) A brief description of the nature of the proposed work. (f) All applications shall be accom ­ panied by the applicable site plan, subdivision maps, drainage grade, ele ­ vation plans an^ all other documents, if required for the development of the plot, building or structure Each application for a building permit shall be accompanied by plans and specifications, including plot plans as required drawn to scale, showing the location and size of all proposed new construction and ail existing structures on the site, the nature and character of (he work to be performed and the materials to be' incorporated, distance from plot lines, widths and grades of adjoining streets, walks and alleys, and where required by the Building Inspector, details of structural, mechanical and clerical work, including computations, stress diagrams and other essential techni-' cal data Plans and specifications shall bear the signature of the person re ­ sponsible for the design and drawings, and if construction is over ten thou ­ sand dollars ($10,000) in value, architect ’ s or engineer ’ s signature and New York State license number. Applications shall be made by the owner or lessee, or agent of either, or by the architect, engineer or build­ er employed In connection with the proposed work Where such applica* tion is made by a person other than the owner, it shall be accompanied by an affidavit of (he owner or appli­ cant that the proposed work is authorized by the owner and that the applicant is authorized to make such application Any amendment to the application or to the plans and specifications ac ­ companying same must be filed and approved by the Building Inspector prior lo the completion of the work, and such amendments shall comply with (he provisions of this ordinance The granting or refusal of such an amendment by the Building Inspector shall be in writing and may be re ­ viewed by appeal to the Board of Appeals within thirty (30) days after such determination is filed in the office of the Building Inspector 8 233 Approval or disapproval Issuance of building permit The Building In ­ spector or an Assistant Building In ­ spector shall examine or cause to be examined all applications for permits and the plans, specifications and docu ­ ments filed therewith He shall approve or disapprove the application within thirty (30) days of receipt of same An appeal from the approval or disapproval of any application shall be made to the Board of Appeals within thirty (30) days after the determination of the Building Inspector has been filed in the office of the Building Inspector or endorsed on the building plans filed in said office Any final determination of disapproval shall be indicated in writing, together with the copies (here­ of filed in the oflice of the Building In ­ spector and mailed to the applicant Upon approval of the applications and upon receipt of the fees therefor, he shall promptly issue a building per ­ mit to the applicant upon the form pre­ scribed by him and shall affix his sta ­ ture or cause his signature to be affixed thereto Upon approval of the applica ­ tion, both sets 01 plans and specifica ­ tions shall be endorsed with word “ approved ” One (I) set of such approved plans and specifications shall be retained in the files of the Building Inspector and the other set shall br returned to the applicant, together with the building permit, and shall be kept at the build ­ ing site and open to inspection by the Building Inspector or his authorized representative at all reasonable times If the application, together with plans, specifications, and other documents filed therewith describe proposed work which does not conform to all of the requirements of the applicable build ­ ing regulations, the building official shall disapprove the same and shall re ­ turn the plans and specifications to (he applicant 8 234 Expiration and extension Every building permit shall expire by limita ­ tion at Ihe end of two (2) years from the date issued If a construction is not completed within said two-year period, (he Building and Zoning Inspec ­ tor may, for due cause shown, extend (he permit for a period not to exceed six (6) months, and any further ex ­ tension shall be applied for to the Board of Appeals, which, upon due cause being sho>sn, may grant further extensions not e ~eeding a total period of two (2) years 8 235 Fees Every application for a build ­ ing permit pursuant to (his ordinance and/or (he New York State Building Code Shalt be accompanied by payment fee as specified below (a) For new construction On the first fifteen thousand dollars ($15,000) (olaLcstlmated cost, the sum of scvcn- ty-fivV dollars ($75). plus two dollars ($2) for each additional one thou ­ sand dollars ($1,000) or fraction thereof of total estimated costs (b) For alterations, demolition, repair and replacement, and for structures and accessory buildings On Ihe first one thousand dollars ($1,000) o( total estimated cost, the sum of ten dollars ($10), plus two dollars ($2) for each additional one thousand dollars ($1,000) or fraction thereof of total estimated costs* (c) For construction of multi-family residence, commercial, manufactur ­ ing and industrial buildings, add to building permit fee for each one thousand dollars ($1,000) of con ­ struction COM. three dollars ($3) For conversion Into, alteration of, relocating, or any construction Ir) connection with, existing multi-family residence or accessory buildings thereto, Ihc fee shall he twenty five dollars ($25), plus for each one thoii- s.ind dollars ($1 000) of construc ­ tion tost, five dollars ($5) (d) For a oonbuilding use. twenty five dollars ($25) (e) For cxltnslon or renewal of a build ­ ing permit, twenty-five dollars ($25) (f) Where the construction for which |)crmit has been requested does not exceed a cost of two hundred fifty dollars ($250) and docs not exceed two hundred fifty (250) square feet In ground floor area, a minor building permit may be Issued This permit and the certificate of occupancy to be issued against it shall be accom­ panied by a fee of five dollars ($5) The Building Inspector may refund the fee obtained for a building per ­ mit provided no construction has taken place at the building site, as determined by the Building Inspector, upon inspection 24 Issuance of certificates of occupancy 8 241 When required (a) No building hereafter constructed shall be used or occupied in whole or in part until a certificate of occu­ pancy shall have been issued by the Building Inspector (b) Partial certificate of occupancy. Upon request, the Building Inspector may issue a partial certificate of occu­ pancy for a period not to exceed ninety (90) days, for a building or structure or part thereof, before Ihe entire work covered by (he building permit shall have been completed, provided such portion or portions as have been completed may be occupied safely without endangering life or the public welfare The Build ­ ing inspector shall require cash or a performance bond from the owner or holder of the building permit of a surety company licensed to do business m the Stale of New York, which bond shall run to the benefit of the Village for a term not exceeding ninety (W) days The Building In ­ spector shall determine (he penal sum of the bond or cash in such amount as sufficient to cover the cost to complete the work uncom­ pleted Prior to issuance of the partial certificate of occupancy, the Board of Trustees shall approve the issuance and amount of the bond and the sufficiency of the surety The fee for such partial certificate of occupancy shall be ten dollars ($10) (c) No change shall be made in (he use or type of occupancy of an exist­ ing building or structure, requiring a building permit, or change in the use of land, except to any use which is primarily agricultural, unless a certificate of occupancy authorizing such change in use shall have been issued by the Building Inspector A change in use shall include a change in the type or general class of goods or services sold or manufactured, and any substantial change m manufac ­ turing operation involving new equip ­ ment and machinery 8 242 Application and affidavit The owner or his agent shall make application for a certificate of occupancy Accompany­ ing this application, and before the issuance of a certificate of occupancy, there shall be filed with the Building Inspector an affidavit of the owner or Ihe registered architect or licensed pro ­ fessional engineer who supervised the construction of the work, or of the superintendent of construction who supervised the work, and who, by rea ­ son of his experience, is qualified to superintend Ihe work for which the certificate of occupancy is sought This affidavit shall stale that the deponenr has examined the approved plans of the structure for which a certificate of occupancy Is sought, that the structure has been erected in accordance .whh ap ­ proved plans, and as erected complies with this ordinance and the law govern ­ ing building construction, including ail subdivision regulations and the require ­ ments of any approved subdivision, plat or site plan except insofar as vari ­ ations therefrom have been legally authorized Such variations shall be specified in the affidavit 8 243 Issuance of certificate Before issuing a certificate of occupancy, (he Building Inspector shall examine or cause to be examined all buildings structures and sites for which an ap ­ plication has been filed for a building permit lo construct, enlarge, alter re ­ pair, remove, demolish or change the use or occupancy, and may conduct such inspections as he deems appropri ­ ate from time to time during and upon completion of the work for which a building permit has been Issued There shall be maintained by the Building Inspector a record of all such examina ­ tions and inspections, together with a record of findings of violations of the iaw However, any certificate of occu­ pancy for the establishment of any use of a building or land requiring a spe­ cial permit as listed in Use Tabic. Column 3 and any other particular use requiring the approval of the Board of Appeals, shall be issued only with the authorization of the Board of Appeals Every certificate of occupancy for a use for which a special permit or variance has been granted by the Board of Ap ­ peals shall contain a detailed statement of such special permit or variance and of the conditions lo which the same is subject 8 244 Fees Every application for a certi ­ ficate of occupancy shall be accom- ' panied by a fee as set forth below (a) Certificate of occupancy, twenty- five dollars ($25) (b) Certificate of compliance (for multi-family residence), twenty-five dollars ($25) (c) Whenever an inspection of an old multi-family residence is authorized or required by law for the first In ­ spection, a fee of three dollars ($3) per room, but not less than twenty- five dollars for the entire inspection, for each inspection after the first in ­ spection. a fee of two ($2) per room for inspection (d) Annual fee for places of public assembly (this fee covers semi-annual inspections, reports and certificate of' compliance to be posted on prem ­ ises). twenty five dollars ($25). Each additional inspection of above made necessary by noncompliance, five dollars ($5) 8 245 Termination A certificate of occu ­ pancy shall be deemed to authorize, and Is required for, both initial and con tinued occupancy and use of the build ­ ing or land to which it applies, and shall continue in effect so long as such build ­ ing or land is used for use authorized In the certificate of occupancy If terms of such certificate of occupancy are violated by the holder thereof, the Building and Zoning Inspector may, by service of notice of violation, terminate such certificate of occupancy, which order of termination is however, sub ­ ject to review by the Board of Appeals, by the holder thereof taking an appeal to the Board of Appeals within thirty (30) days of service of said order of termination 8 246 Copies Copies of every certificate of occupancy issued hereafter shall be furnished, on request to the Planning Board or Board of Appeals, and on the payment of the regular application fe« therefor to any other person The Boaro of Trustees may by resolution fix the fees required from the general public for copies of public documenis re ­ quired under this Zoning Ordinance S&.3 Buard of Appvalt. 8 31 Membership The existing Board of Appeals of five (5) members is hereby continued Their successors shall be ap ­ pointed in accordance with provisions of the Village Law The Board of Trustees shall designate the chairman from the Board of Appeals membership The Board of Appeals shall appoint a Secretary and shall prescribe rules for conducting its ^ ... .1 Successors to the existing Board shall be appointed for a'term of three (3) yean, following the expiration of the terms of their predecessors in office If a vacancy occurs otherwise than by expiration of term. U shall be filled by the Board of Trustees by appointment for the imex- pjrcd term The Board of Trustees shall have Ihe B ower to remove any member of the oard of Appeals for tause, after public hearing 8 32 Procedure Meetings shall be held at the call of the Chairman and at such other limes as the Board may determine 8 321 A quorum shall consist of an ab ­ solute majority of the total membership of (he Board of Appeals, and in order to reverse a decision of the Building Inspector, authorize a variance or grant a special perinll, an affirmative vole of an absolute majority of the total membership of the Board of Ap ­ peals shall be required 8 322 The Board shall keep mlnulcs of its proceedings showing the vole of each member upon each question, and shall keep records of its examinations and other official actions The Board of Ap ­ peals shall adopt rules and regulations governing its procedures No appeal lo the Board of Appeals, or request for re ­ view from any order, requirement, decision or determination of the Build ­ ing inspector, shall he filed later than thirty (30) days from the dale of filing of the order, requirement decision or dctcrminnlinn In (he office of the Build ing Inspector No appeal taken to Ihe Board of Appeals after any time limita ­ tion set in this ordinance shall be valid. 8 33 Fees I very application or appeal to the Board of Appeals shall be subject lo the following fees (1) On all proceedings wherein a notice of hearing is required or permitted by law 10 he published in a newspaper of general circuiation in the Village, the actual cost of (he publication charge made by the newspaper (2) The actuiil cost of the minutes of Ihc hearing made by the stenographer or reporter for the Board (3) All other necessary costs and dis ­ bursements of (he Board where such costs and disbursements are directly re ­ lated to (he application A minimum fee of one hundred dollars ($I(X)(X)) shall accompany each such application Any a'dditionn] funds expended in proces ­ sing the application shall be paid by the applicant prior to (he issuance of any huilding permit or certificate of occupancy for any use authorized by the Board under this procedure 8 34 Notice and hearing All applications and appeals to the Board of Appeals shal' be in writing The Board of Appeals sh'il. give public noKec as required by law. of any hearing, by publication in official paper nr papers of notice of hearing at least live (5) days prior to the lime there ­ of and shall at least five (5) days be ­ fore a hearing mail notice thereof to the Regional State Park Commission having jurisdiction over any state park or park way within five hundred (500) feet of the property affected by such appeal or ap- as will safeguard the character of the disliiM into winch such ust Is extended. However, no such extension shall ex ­ ceed seventy-five (75) feet, measured at right angles to such district boundary The power under this subdivlsloi* shall not permit the moving of the zoning district line but only the extension of the building, structure or accessory off- street parking space 8 372 Off-street parkins and loading re ­ quirements Where because of the un­ usual shape of a plot the requirements for accessory off street parking ytaccs and/or loading berths In Use T.-iblc, ( ols 6 and 7, and Article VI. cannot be reasonably complied with, the Board may permit the substitution of such al ­ ternative provi ions for off street park ­ ing spaces or loatMng berths as the Board deems suitable and adequate to prevent creation of serious traffic con gestion by parking along the street 8 38 Building permit and certificate of occu- pancy for a ust subject to J4 I 8 381 Application An application for a building permit or certificate of occu­ pancy for uses subject lo 54 1 shall be submitted to the Building Inspector In duplicate The applicant shall also sub ­ mit in duplicate a plan of the proposed construction or development. Including a description of the proposed ma ­ chinery, operations and products, and specifications for the mechanisms and techniques to be med in restricting the emission of dangerous or objectionable elements referred to in 54 T, and an affidavit by the applicant acknowl­ edging his understanding of the appli­ cable Tcstnctlons and agreements to conform with same at all times No ap ­ plicant shall he required lo reveal any secret processes, and any Information siibmnie*d shall be treated as confiden ­ tial if requested 8 182 Refusal of Ihc Building Inspector ^ to issue a permit under this section shal! be set forth m writing Within thirty (30) days after such written refusal, the applicant may appeal to the Board of Appeals, which may affirm, modify or reverse the decision of the Building' Inspector plicalio'n and render m decision wllhln a 4 “ /B[,ard*ot TriMecs may, from time re^onabie time to time amend stipplcmcnt modify or The Board of Aptmale sha refer to the .j, „,d,nance, mcludinii the Btlild- Rockland Cniiniy Planning Board for ft „„j accompanyfng Tables, recommendation nil mailers within the provided by Ihc Village law of the provisions of Article 12B, Section 239 I v,, ,(5 „f iq^xv York and m of Ihe C.encr.il Municipal law 542 The Board of Trustees may In Its dis- which includes real property lying wilhin hy resolution, direct further notice 5(X) ft from (I k boundary of anv existing or proposed county or state park or other rcctcalion area, or from the nglu-of way of any existing ot proposed county or state parkway, thruway expressway, road, highway or from the existing or proposed right of way of .mv stream or drainage chantM.1 owned hy the County or for which the County has established channel lints, or from the existing or proposed boundary of any county or state owned land, or from the boundary of any city, village or town The RisckHnd County Planning Board shall render its decision within 30 days of referral or within an extended period if agreed upon The Board of Appeals shall require that the Clerk to the Board of Appeals give notice lo other owners of property ad ­ joining and opposite the property affected by such application or appeal by mailing .1 copy of such notice to such persons, as their names and addresses appear on the last assessment rolls of the Village, but failure to give such additional notice shall not invalidate any action of the Board or affect Its jiinsdiciion. nor shall the giving of such additional notice render any such person an aggrieved person who other ­ wise IS not aggrieved under the law 8 35 All applications and appeals to the Board of Appeals shall be in writing on oflicial forms, containing such informa ­ tion as required by the Board of Appeals to enable it lo act, but such official forms shall be subject to Board of Trustees ap ­ proval 8 351 Every decision of the Board of Ap ­ peals shall be in writing and shall con ­ tain findings and conclusions as re ­ quired by law, and shall be filed promptly in the office of the Village Clerk, and shall be a public record In addition to the notice required by law, the Board of Appeals is hereby directed to furnish the applicant with distinctive posters giving notice of the hearing and of the relief requested, which notice shall be posted In a con ­ spicuous place visible from every street along (he frontage of the plot affected hy said application, and shall remain in the place and posted until after the hearing 8 3S2 The applicant shall, prior to or at Ihe public hearing, furnish the Board with an affidavit of compliance with the requirement of Sec 8 351, or at the pub ­ lic hearing shall swear or affirm under oath to compliance with the require ­ ment of Sec 8 351 However, failure to comply with this requirement shall not deprive Ihe Board of Us jurisdiction or affect any decision, but shall be due cause for (he Board to refuse to hear the application or to adjourn (he hear ­ ing or to require further notice The Zoning Board of Appeals shall render and file its decision not later than sixty (60) days after (he close of the public healing on the application being heard 8 36 Powers The Board of Appeals shall have all powers and duties prescribed by law. which are particularly specified as follows 8 361 Shall hear and decide appeals from and review any order, requirement, de ­ cision or determination of an adminis ­ trative official charged with enforce ­ ment of this ordinance The Board of Appeals shall not hear any appeal from, nor review, any order, determination, requirement, decision or revocation of the Building Inspertc*- where such order, determlnaiion. requirement, decision or revocation has been directed by the Board of Trustees An appeal from any such determination shall be made by any person aggrieved directly to the Supreme Court of the Stale of New York In an Article 78 nroceeding, with­ in thirty (30) days tiom such order, determination, requirement or decision 8 362 Shall hear and decide all matters referred to it, or upon which it is re ­ quired by (his ordinance to pass 8 363 Where practical difficulties or un ­ necessary hardships prevent strict ad ­ herence to Ihe letter of this ordinance, the Board of Appeals shall have the power, in passing upon appeals, to vary or modify the application of any regu­ lation or provision of this ordinance re ­ lating to (he use. construction or altera ­ tion of buildings or structures, or the use of land, except as specifically pro ­ hibited by other provisions of this ordi ­ nance, but so that (he spirit of (he ordinance is observed, public safety and welfare are secured and substantial justice is done 8 364 Shall have (he power to grant such permits as provided in (his ordinance. 8 365 Shall have the power to grant any extension or modifications as provided in this ordinance The enumeration of these specific powers is not Intended to exclude thereby any other power set forth in the Village Law or in this ordi ­ nance 8 37 Special permits On a reference by the Biiildfng Inspector, after application to (he Building Inspector for a building |H*r- nut or ccrtilicatc* of occupancy, the Board of Appeals IS heicby authori/cd to issue a special permit for any use listed in Use lablc, Column 3 subject to the additional requirements and eunditions therein (or in Column 8) Lvery special permit shall also conform to all s|>eeial findings re ­ lating thereto that arc required by this ordinance Ihe* Board of Apjicals may also require, as a condition of issuance of any special iKrimi, that it be periodically renewed, or may issue any special permit for a speeilie (K*riod of lime subject to adequate guarantees that the use covered will be* terminated at Ihe end of Ihc period spceitied or such extension there of as may be granted by said Board Any such renewal or extension shall be sub ­ ject to the same procedure and require ­ ments as specified herein for the original issuance of the special permit involved In granting a special permit or a renewal or extet^^um thercot, the Board of Appeals shall m all eases file a written leporl set ling fortli the applieabte additional re- quiienunts and eonditions and specia' findings for granting or denying such per­ mit, renewal or cxteiiston A ^si>e*tial^»icr- nut wilfbe deemed'to autfuirlzc only hhe (I) partieular sjKeial use and shall expire if Ihe speeial use shall cease for more than twelve (12) months for any reason Only one (1) special jKrnnt shall be is ­ sued for any plot or paieil of land In addition to other jniwers eonferreel upon the Board of Api'eals elsewliere in thi# ordinance, the Board is authori/ed lo grant special permits m the* folU'wing situations ' 8 371 Extension across district boundaries III appropriate eases where* u plot ilcs) wilhin two (2) districts, the Board may' permit the extension of an existing or proposed building siriieturc or acces­ sory off-street parking space across a district bound4ry. under such conditions in addition lo that required by law The Board of Trustees shall refer to the Plan ­ ning Board for report thereon, any pro ­ posed amendment, and the Planning Board shall file its report with the Board of Trustees within sixty (60) days after proposed amendment is delivered or mailed lo the Chairman or Secretary of the Planning Board Should the Planning Board fail to file such report within said sixty (60) days, the Board of Trustees may at its discretion hold a public hear ­ ing on (he proposed amendment, without the report of the Planning Board, and absence of such a report shall not be due cause for adjournment of the public hear ­ ing 8 43 However, giving of such additional notice shall not render aggrieved any per ­ son not o(lK*rwisc aggrieved under the law, nor shall failure to give such notice or reference) at any time invalidate or affect any bciion of the Board of Trustees 1 8 44 All pctih^ns for amendment of this ordinance except those recommended by the Board of Trustees or by the Planning Board shall he accompanied by a fee of fifty dollars ($50) , 8 45 Such petitions shall he m writing and shall contain a description and map of (he property affected, together with such other information as the* Board of Trustees shall require* Such petitions shall include the names and addresses of all owners on the Tax Map of the Village owning prop ­ erty within five hundred (500) feet of the' property affected, or any other contiguous ’ property of the* applicant in the same ownership 8 46 A report from the Planning Board shall not be required for any proposed amend­ ment initiated by the Planning Board. 58.3 $ lolulions 8 51 Penalties 8 511 It shall be uniawlul fui any person, hrm or corporation to construct, alter, repair or maintain any plot, building or portion thereof in violation of any pro-, vision of this ordinance, or to fail in any manner to comply with a notice, direetwe or order of the Building In ­ spector, or to construct, alter or use and occupy any plot, building or struc ­ ture or part nhercof in a manner not.i permtited by an approved building per ­ mit or certiheatc of occupancy 8 512 Any person who shall fail to com ­ ply with a written order of the building Inspector wilhin the time fixed for com ­ pliance therewith, and any owner, build ­ er arehitect, engineer, tenant, contrac ­ tor, subeomractor. construction superin- tendciu, or their agents, or any other |)erson taking part or assisting in the construction or use of any building or plot, who shall knowingly violate any ol the applicable provisions of this ordinance or an> lawful order, notice, directive, permit or ecrdficate of the Building Inspeeiur made thereunder, shall be punishable by a hnc or not more than fifty dollars ($51) ) or six (6) months in jail or both Each week that a violation continues shall be deemed a separate offense 8 52 Abatement of violation Appropriate actions and proceedings may be taken by law or in equity to prevent unlawful con ­ struction or to restrain, correct or abate a violation or to prevent illegal occupancy of a building structure or premises, or to prevent illegal acts, conduct, or busi ­ ness in or about any premises, and these remedies shall be tn addition to the penal ­ ties prescribed m the preceding section 58 6 Aviragr Dmalty Approval of plats, conditions for changes in zoning provisions Ihe Board of Trustees, pursuant to Sec 179p of the Village Law, hereby empowers the planning board, simultaneously with the approval of a plat or plats to modify ap ­ plicable provisions of the zoning ordinance, subject to the conditions, hereinafter set forth and such other reasonable conditions as the* Board of Trustees may in its dis­ cretion add thereto This authorization shall be applicable only to lands zoned for resi ­ dential purposes The purposes of this au ­ thorization IS to enable and encourage nexibility of design and development of land in such a manner as to promote the most - appropriate use ot land, to facilitate the adequate and economical provisions of streets and utilities, and to preserve the natural and seente qualities of open lands The conditions hcrcin.ibovc referred to are as follows (a) If llie* owner makes written applica ­ tion for the use of this procedure, it may be* followed at the discretion of the planning board with the approval of the Board of Irusiecs, if, in said Board of Irustees ’ judgment, its application would bcnchl the Village (b) Ihe application of this procedure shall result in a permitted number of building lots or dwelling units which sh,ill in no case exceed the number which could be permiued, in the plan ­ ning board's judgment, if the land were subdivided into lots conforming to the niminium lot size and density require ­ ments of the zoning ordinance applica ­ ble to the district or districts in which such land is situated and conforming lo all other applicable requirements. (c) In the case of a residential plat or plats, the dwelling units permitted may be at the discretion of the planning board and subject to Ihe conditions set forth by the Board of Trustees, in de ­ tached, semi detached, attached or ^mufostory structures (d>ln the cvem that the applTcation of this procedure results in a plat show ­ ing lands available for park, recreation, open space,'or other municipal pur ­ poses directly related to the plat, then the planning board as a condition of plat approval shall establish such con ­ ditions on the ownership, use and main ­ tenance of such lands as it deems neces ­ sary to assure the preservation of such lands for iheir intended purposes It is required that such^conditions shall be approved by the Board of Trustees be ­ fore the* plat may be approved for filing (e) The proposed site plan. Including areas with which structures may be located the luqght and spacing of build- irres, open sp&ces and their landscaping, off street open and enclosed parking spaces, and streets, driveways and all other physical features as shown on said plan or otherwise described, ac- eumpanied by a statement setting forth (he nature of such modifications, change or supplementations of existing zoning provisions as are not shown' oo* said site plan, shojjj be subje^ to re ­ view^ and public hearing by the piw- ning'board inlhe* same njunner as set forth 111 Section 179k of the Village for the approval of plal^ (f) On the tiling of the plat in the office of the county clerk, a copy snail boi

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