Adopted by the Board of Trustees of the Village of Fredonia 10-8-2001 by L.L. No. 3-2001. Amendments noted where applicable

Chapter 297 ZONING [HISTORY: Adopted by the Board of Trustees of the Village of Fredonia 10-8-2001 by L.L No 32001.1 Amendments noted where applicable.] GENERAL REFERENCES Animals — See Ch 89 Unsafe buildings — See Ch 105 Environmental quality review — See Ch 135 Fire prevention and building construction — See Ch 151 Housing standards — See Ch 179 Property maintenance — See Ch 223 Sewers — See Ch 237 Sidewalks — See Ch 240 Subdivision of land — See Ch 260 Trailer parks — See Ch 269 Trees — See Ch 273 Part Scope and Application ARTICLE I Definitions and Word Usage § 297-1.1 Usage A Except where specifically defined, all words used in this chapter shall carry their customary meanings The following rules shall apply to the text of this chapter: (1) Words in the present tense include the future; (2) Words in the singular include the plural and the plural the singular; (3) The word "shall" is intended to be mandatory; (4) The word "lot" shall include the word "plot" or "parcel"; (5) The word "person" shall include an individual, firm or corporation; (6) The words "used" or "occupied," as applied to any land or building, shall be construed to include the words "intended, arranged or designed to be used or occupied"; (7) A building or structure includes any part; (8) The word "and" indicates that all connected items, conditions, provisions or events shall apply; (9) The word "or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination; Editor's Note: This local law also repealed former Ch 297, Zoning, adopted 9-8-1969, as amended (10) The words "either or" indicate that the connected items, conditions, provisions or events may apply singly but not in any combination B Any question as to the precise meaning of any word used in this chapter may be appealed to the Zoning Board of Appeals and clarified under their powers of interpretation § 297-1.2 Definitions For the purpose of this chapter, certain terms or words used shall be interpreted or defined as follows: ACCESSORY USE — A use customarily incidental and subordinate to the main use or building and located on the same lot In no case shall such accessory use dominate, in area, extent or purpose, the principal lawful use or building ACCESSORY BUILDING — A subordinate building located on the same lot with the main building, occupied by or devoted to an accessory use Where an accessory building is attached to the main building in a substantial manner, as by a wall or roof, such accessory building shall be considered part of the main building ACCESSORY STORAGE BUILDING — A subordinate storage building located on the same lot with the main building, occupied by or devoted to storage (workshop or shed) ACCESSORY USE OF BUILDING — A use customarily incidental to the use of a building for dwelling purposes, not occupying more than 25% of the total aboveground floor area of the main building thereof, and including: A The office or studio of a physician or surgeon, dentist, artist, musician, lawyer, accountant, architect, engineer or teacher residing on the premises, provided that there is no advertising display visible from the street other than a small professional nameplate The above shall not be interpreted to include the office or place of business of a mortician B Customary home occupations, provided that there is no display of goods visible from the street, there is no exterior advertising, other than an unlighted sign not over two square feet in area, and that such occupation is conducted in the main building by a person or persons residing therein Customary home occupations shall not be construed to include those which require the presence of the customer on the premises for the performance of the occupation or those which require the presence in the home of machinery or equipment normally associated with commercial or industrial activities ADULT BOOK/VIDEO/MEDIA STORE — An establishment having as its stock-in-trade, books, magazines, videos and other periodicals which are distinguished or relating to specified sexual activities or specified anatomical areas, as defined below, or an establishment with a segment or section devoted to the sale or display of such material ADULT ENTERTAINMENT FACILITIES — Means and refers to any one or more of the following: any adult/video/media store, including adult newsracks, adult bookstores, adult motion pictures, exotic cabarets and sexual devices stores Such facility shall constitute an adult entertainment facility even though it may not derive a significant part of its revenues or may not have a significant portion of its stock-in-trade devoted to such facility or store [Amended 7-262004 by L.L No 4-2004] ADULT HOME — A residential setting for five or more persons having rooms with residential services (meals, housekeeping, laundry, etc.) under twenty-four-hour supervision for assistance with activities of daily living provided by a person(s) working within the facility A facility wherein the occupants, by virtue of age or physical disability, require such twenty-four-hour supervision ADULT MOTION-PICTURE/VIDEO THEATER — An enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined below, for observation by persons within the use A B SPECIFIED SEXUAL ACTIVITIES: (1) Human genitals in a state of sexual stimulation or arousal; (2) Acts of human masturbation, sexual intercourse or sodomy; (3) Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts SPECIFIED ANATOMICAL AREAS: (1) Less than completely and opaquely covered human genitals, pubic region, buttocks and female breast below a point immediately above the areola; (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered ADULT NEWSRACK — Any machine or device, whether coin-operated or not, which dispenses material which is distinguished or characterized by emphasis depicting, describing or relating to the specified sexual activities or specified anatomical areas defined in this article AGRICULTURE — The production of crops or plants or vines or trees (excluding forestry operations) ALLEY — A public way having a right-of-way width of 20 feet or less ANTENNA — A system of electrical conductors that transmits or receives radio frequency waves Such waves shall include, but not be limited to, radio-navigation, radio, television and microwave communications The frequency of these waves generally ranges from 10 hertz to 300,000 megahertz APPEAL — A request for a review of the Zoning Enforcement Officer's interpretation of any provision of the Flood Damage Prevention Regulations or a request for a variance (applicable to Flood Damage Prevention Regulations only)2 AREA OF SHALLOW FLOODING — A designated zone on a FEMA map with a one-percentor-greater annual chance of flooding to an average annual depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident Such flooding is characterized by ponding or sheet flow Editor's Note: See Art XVIII, Flood Damage Prevention Regulations (applicable to Flood Damage Prevention Regulations only).3 AREA OF SPECIAL FLOOD HAZARD — The land in the floodplain within the Village subject to a one-percent-or-greater chance of flooding in any given area This area is commonly referred to as the "base floodplain" or "100-year floodplain." (applicable to Flood Damage Prevention Regulations only).4 AREA, LAND — When referring to the required area per dwelling unit, net land area, the area exclusive of street and other public open space AREA, TOTAL FLOOR — The sum of the areas of the several floors of a building, including areas used for human occupancy in basements, attics and penthouses, as measured from the exterior faces of the walls It does not include cellars, unenclosed porches or attics not used for human occupancy or any floor space in accessory buildings or in the main building intended and designed for the parking of motor vehicles in order to meet the parking requirements of this chapter or any such floor space intended and designed for accessory heating and ventilating equipment It shall include the horizontal area of each floor level devoted to stairwells and elevator shafts ASSISTED-LIVING FACILITY — A structure, which may include shared services and facilities, which is occupied by three or more persons and which is either designed principally for housing for the aged where specific age limits are prescribed by public or private regulatory or administrative agencies, or designed for occupancy by persons who, by reason of age, senility, dementia or physical capabilities, are dependent upon varying levels of nonmedical care or supervision This term shall include, by way of illustration, enriched housing facilities regulated by New York State laws and/or regulations but shall exclude nursing homes, homes for prenatal care, convalescent homes, hospitals, clinics, mental health facilities, and similar institutions devoted primarily to the diagnosis and/or treatment of disease or injury AUTO BODY REPAIR STATION — A business premises designed and used for the repair or refinishing of motor vehicles including painting and body work AUTOMATIC COIN LAUNDRY AND/OR DRY CLEANER — A business premises equipped with individual clothes washing and/or cleaning machines for the principal use of retail customers AUTOMOBILE SERVICE OR REPAIR STATION — A service station with at least one dispenser island or providing repair services, including, but not limited to, tune-ups, engine repair, brake work, muffler replacement, tire repair or similar activities AUTOMOBILE OR TRAILER SALES AREA — An open area, other than a street or public place, used for the display, barter, purchase, sale or rental of new or used motor vehicles or trailers and where no repair work is done, except minor incidental repair of vehicles to be displayed, sold or rented on the premises AUTOMOBILE WASH — An establishment for the washing of motor vehicles as a principal use Editor's Note: See Art XVIII, Flood Damage Prevention Regulations Editor's Note: See Art XVIII, Flood Damage Prevention Regulations AUTOMOBILE WRECKING — The dismantling or wrecking of used automobiles or the storage, sale or dumping of dismantled, partially dismantled or wrecked vehicles or their parts BASE FLOOD — The flood having a one-percent chance of being equaled or exceeded in any given year (also called the "100-year flood") (applicable to Flood Damage Prevention Regulations only).5 BASEMENT — That space of a building that is partly below grade which has more than half of its height, measured from floor to ceiling, above the average established curb level or finished grade of the ground adjoining the building BED-AND-BREAKFAST — Owner-occupied one-family dwelling used for providing shortterm overnight accommodations (not to exceed 14 days) and a morning meal to not more than 10 transient lodgers, containing at least three but not more than five bedrooms for such lodgers BILLBOARD OR SIGNBOARD — Any structure, or portion, situated on private premises, on which lettered, figured or pictorial matter is displayed for advertising purposes other than the name and occupation of the user of such premises or the nature of the business conducted on the such premises or the products primarily sold or manufactured, or any such structure or portion, the area of which, devoted to advertising purposes, exceeds 100 square feet BLOCK — The length of a street between two street intersections BOARDER — A person who pays rent for residence within a dwelling which is owner-occupied and for occupying for her or his exclusive use no more than one bedroom and one bathroom There shall be no separate entrance from the outside to the room or rooms provided for a boarder The owner of the dwelling must obtain a certificate of compliance for the rental of any room or rooms in accordance with Chapter 151, § 151-14 of the Code of the Village of Fredonia BUILDING — Any structure constructed or used for residence, business, industry or other public or private purposes or accessory thereto, including, but not limited to, tents, lunch wagons, dining cars, mobile homes, billboards, signs and similar structures, whether stationary or movable [Amended 4-14-2003 by L.L No 2-2003] BUILDING, ALTERATION OF — Any change in supporting members of a building, except such changes as may be required for its safety, any addition to a building, any change in use from one district classification to another, or removal of a building from one location to another BUILDING, FLOOR AREA — The sum of the gross horizontal area of the several floors, including the basement of a building and its accessory buildings on the same lot and including the area of roofed porches and roofed terraces All dimensions shall be measured between exterior faces of walls BUILDING, HEIGHT OF — The vertical distance measured from the mean of the highest and lowest exposed part of the foundation to the highest point of the roof BUILDING, PRINCIPAL — A building, including covered porches, in which is conducted the principal use of the lot on which it is situated In any residence district, any dwelling shall be deemed the principal building on the lot on which the same is situated Editor's Note: See Art XVIII, Flood Damage Prevention Regulations BULK STORAGE — The storage of chemicals, petroleum products and other materials in containers for subsequent resale to distributors or retail dealers or outlets CABIN, HUNTING AND FISHING — A structure with accommodations for living and sleeping designed for seasonal occupancy and having a floor area of less than 400 square feet CARNIVAL — An amusement show, usually traveling from place to place, having sideshows, Ferris wheels, merry-go-rounds, etc CELLAR — That space of a building that is partly or entirely below grade, which has more than half of its height, measured from floor to ceiling, below the average established curb level or finished grade of the ground adjoining the building CEMETERY — Land used or intended to be used for the disposition and memorialization of dead human beings and dedicated for cemetery purposes, including columbarium, crematories, mausoleums and mortuaries when operated with, and within, the boundary of such cemetery CENTER LINE OF STREET OR ROAD — A line midway between and parallel to two street or property lines or as otherwise defined by the Planning Board CHURCH OR OTHER PLACE OF WORSHIP — See "religious institution." CIRCUS — An exhibition of wild animals and acrobatic feats, together with sideshows and vending concessions CLINIC, DENTAL — A structure designed for the practice of dentistry, in which nonresident patients are treated CLINIC, MEDICAL — A structure designed for the practice of medicine, in which nonresident patients are treated CLUB, PRIVATE — A social organization whose premises are restricted to its members and their guests CLUBHOUSE — A building to house a club or social organization not conducted for profit and which is not adjunct to, or operated by, or in connection with, the public tavern, cafe or other public place CLUSTER DEVELOPMENT — A form of development for residential development that permits a reduction in lot area requirements, provided there is no increase in the number of lots permitted under a conventional development and the resultant land area is devoted to open space COMMERCIAL USE — Activity carried out for monetary gain COMMERCIAL VEHICLE — All trucks, vans, construction equipment and limousines, bearing commercial license plates, which are in excess of three tons' net weight or over one-ton capacity CONVENIENCE STORE — A small shop or store (less than 5,000 square feet) offering for sale prepackaged food products, household items and other goods commonly associated with the same; such use shall not include gas islands or service COURT — An unoccupied open space, other than a yard An outer court is one that extends to the street or to the front or rear yard An inner court is any other court CRAWL SPACE — An enclosed area beneath the lowest elevated floor, eighteen inches or more in height, which is used to service the underside of the lowest elevated floor The elevation of the floor of this enclosed area, which may be of soil, gravel, concrete or other material, must be equal to or above the lowest adjacent exterior grade The enclosed crawl space area shall be properly vented to allow for the equalization of hydrostatic forces that would be experienced during periods of flooding (applicable to Flood Damage Prevention Regulations only) DAY-CARE CENTER — Daytime care or instruction of three or more children or elderly persons away from their homes for less than 24 hours per day, by an individual, association, corporation, institution or agency, whether or not for compensation or reward DEVELOPMENT — Any person-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, minimizing, dredging, filling, grading, paving, excavation or drilling operations (applicable to Flood Damage Prevention Regulations only).7 DRIVE-IN BUSINESS — Includes drive-in outdoor theaters, refreshment stands, banks and the like where patrons enter the premises and are served or entertained in automobiles Deposit and pick-up services shall not be considered drive-in businesses as defined DWELLING — A building, or portion, designed or used exclusively as the residence or sleeping place of one or more persons The word "dwelling" shall not include bed-and-breakfasts, boardinghouses or rooming houses, tourist homes, motels, hotels or other structures designed for transient residence DWELLING UNIT — One or more rooms designed for occupancy for cooking, living and sleeping purposes DWELLING, SINGLE-FAMILY — A detached building containing one dwelling unit and designed or used exclusively for occupancy by one family DWELLING, TWO-FAMILY — A building containing two dwelling units and designed or used exclusively for occupancy by two families living independently of each other, or two one-family dwellings having a party wall in common DWELLING, MULTIFAMILY — A building, or portion, containing three or more dwelling units and designed or used for occupancy by three or more families living independently of each other DWELLING, CONDOMINIUM, ROW HOUSE OR TOWNHOUSE — A dwelling accommodating or designed to accommodate a single family in a single dwelling unit, the walls on two sides of which may be in common with the walls of adjoining dwellings and are party and/or lot line walls DWELLING, TWO-FAMILY ATTACHED — A building containing dwelling units, each of which has primary ground floor access to the outside and which are attached to each other by party walls without openings The term is intended primarily for such dwelling types as townhouse, row or group homes DWELLING, SEMI-DETACHED — A detached building containing two dwelling units Editor's Note: See Art XVIII, Flood Damage Prevention Regulations Editor's Note: See Art XVIII, Flood Damage Prevention Regulations separated by a party wall and lot line, each having one side yard EDUCATIONAL INSTITUTION — An accredited college or university giving general academic instruction Included within this term are areas or structures used for administration, housing of students and faculty, dining halls, social or athletic activities, when located on the institution's land that is not detached from land where classroom facilities are maintained ELEVATED BUILDING — A non-basement building: A Built to have the top of the elevated floor or to have the bottom of the lowest horizontal structure member of the elevated floor (depending on flood zone) elevated above the ground level by means of pilings, columns (posts/piers) or shear walls parallel to the flow of the water; and B Adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood (Applicable to Flood Damage Prevention Regulations only)8 ESSENTIAL FACILITIES — The operation or maintenance by municipal agencies or public utilities of telephone dial equipment centers, electrical or gas substations, water treatment, storage and transmission facilities, pumping stations or similar facilities EXISTING MANUFACTURED HOME PARK OR SUBDIVISION — A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is complete before the effective date of the floodplain management regulations adopted by the community (applicable to Flood Damage Prevention Regulations only).9 EXOTIC CABARET — An establishment which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers EXPANSION TO AN EXISTING MANUFACTURED HOME OR SUBDIVISION — The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) (applicable to Flood Damage Prevention Regulations only).10 FACTORY — A building or group of buildings, usually with equipment, where goods are manufactured FAIR — An occasional or periodic competitive exhibition of farm products and livestock, usually accompanied by amusement features and for which an admission fee is charged FAMILY — The Village of Fredonia Board of Trustees hereby determines that it is its public policy to preserve the character and quality of life in the residential districts most of which are Editor's Note: See Art XVIII, Flood Damage Prevention Regulations Editor's Note: See Art XVIII, Flood Damage Prevention Regulations 10 Editor's Note: See Art XVIII, Flood Damage Prevention Regulations mainly comprised of one- and two-family dwellings on relatively small lots It is also the policy of the Board of Trustees of the Village of Fredonia to maintain and preserve the character of the residential zones which are primarily devoted to traditional family lifestyles and to avoid disturbances which conflict with the stable environment of residential districts in the Village of Fredonia It is also the public policy of the Board of Trustees of the Village of Fredonia to reduce the parking and traffic problems in the Village, to control population density, and to prevent noise and disturbance to the residents of the Village resulting from the overcrowding of dwelling units The use of dwellings in residential districts as fraternities, sororities, boarding or rooming houses or similar uses or for occupancy of unrelated persons not constituting the functional equivalent of a traditional family is disruptive to those public policies Accordingly, the Board determines that it is appropriate to include a definition of "family" in the Zoning Law and to establish a presumption that three or more unrelated persons living in a dwelling unit in an R-1 or R-2 District or four or more unrelated persons living in a dwelling unit in an R-3 District living in a single dwelling not constitute the functional equivalent of a traditional family and to provide criteria to rebut that presumption The term "family" shall mean: A B In Residential R-1 Districts and Residential R-2 Districts, "family" shall mean: (1) "Traditional family"; or (2) "Functional equivalent of a traditional family"; or (3) Two persons occupying a dwelling unit and living together as a single household unit with common use of all facilities comprising the dwelling unit In Residential R-3 Districts, "family" shall mean: (1) "Traditional family"; (2) "Functional equivalent of a traditional family" as defined below; or (3) Two or three persons occupying a dwelling unit and living together as a single household unit with common use of all facilities comprising the dwelling unit C "Traditional family" means one or more persons occupying a dwelling unit, all of whom are related by blood, marriage, or adoption D "Functional equivalent of a traditional family" means a group of persons living together in a single dwelling unit and functioning as a traditional family with respect to those characteristics that are consistent with the purposes of zoning restrictions in residential neighborhoods It shall be presumptive evidence that three or more persons living in a single dwelling unit in an R-1 or R-2 District or four or more persons living in a dwelling unit in an R-3 District who are not related by blood, marriage or legal adoption not constitute the functional equivalent of a traditional family E In determining whether individuals are living together as the functional equivalent of a traditional family, the following criteria must be present: (1) The group is one which in size, appearance, structure and function resembles a traditional family unit, which may include bona fide domestic servants employed at the premises on a full-time basis; F (2) The occupants must share the entire dwelling unit and live together as a single housekeeping unit A unit in which the various occupants act as separate roomers may not be deemed to be occupied by the functional equivalent of a traditional family; (3) The group (excluding bona fide domestic servants) shares expenses for food, rent or ownership costs, utilities and other household expenses; (4) The premises are being occupied in strict accordance with all applicable health, safety and fire codes; (5) The group is permanent and stable Evidence of such permanency and stability may include: (a) The presence of minor dependant children regularly residing in the household who are enrolled in local schools; (b) Members of the household have the same address for purposes of voter's registration, driver's license, motor vehicle registration and filing of taxes; (c) Members of the household are employed in the area; (d) The household has been living together as a unit for a year or more, whether in the current dwelling unit or other dwelling units; (e) Common ownership of furniture and appliances among the members of the household; (f) The group is not transient or temporary in nature; (g) Any other factor reasonably related to whether or not the group is the functional equivalent of a family Persons residing in a fraternity, sorority, clubhouse, boarding or rooming house, dormitory, motel/hotel or inn or any other similar residence or building shall not be considered a family or the functional equivalent of a traditional family FARM — Any parcel of land containing at least five acres, which is used in the raising of agricultural products, livestock, poultry and dairy products It includes necessary farm structures within the prescribed limits and the storage of equipment used It excludes fur farms, commercial stables and dog kennels FEDERAL EMERGENCY MANAGEMENT AGENCY — The federal agency that administers the National Flood Insurance Program (applicable to Flood Damage Prevention Regulations only).11 FENCE — Any artificially constructed barrier or vegetation, such as a hedge with purpose or intent of preventing passage or view, thus providing privacy FLOOD or FLOODING — A general and temporary condition of partial or complete inundation of normally dry land areas from: A 11 The overflow of floodwater; Editor's Note: See Art XVIII, Flood Damage Prevention Regulations C Elevator or stair bulkheads, provided that such structures not occupy more than 10% of the roof area; D Solar energy systems not more than one-half story above the roof of such building ARTICLE XXIII Administration § 297-23.1 Purpose In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, convenience, prosperity and general welfare for the Village of Fredonia § 297-23.2 Administrative procedure A Zoning Enforcement Officer The provisions of this chapter shall be administered and enforced by the Zoning Enforcement Officer, also known as the "Code Enforcement Officer" or "Chief Inspection Officer," appointed by the Board of Trustees who shall have the power to make inspections of buildings or premises necessary to carry out his or her duties in the enforcement of this chapter In addition, any other Code Enforcement Officer or Inspection Officer of the Village of Fredonia shall have the powers and the duties of the Zoning Enforcement Officer, subject to the direction of the Chief Inspection Officer (1) (2) B The duties of the Zoning Enforcement Officer shall include: (a) Keeping records of all applications for permits; (b) Keeping records of all permits issued with a notation of all special conditions involved (c) Keeping permanent official records of all transactions and activities conducted by him/her, including all applications received, plans approved, permits and certificates issued, fees charged and collected, inspection reports, all rules and regulations promulgated by him/her with the consent of the Village Board and notices and orders issued All such records shall be public records open to public inspection during normal business hours No permit shall be issued for the construction of any building or use of any property unless such building or use conforms to all other ordinances and local laws of the Village of Fredonia, and the New York State Uniform Fire Prevention and Building Code, or any other applicable building code Zoning/Building permits; certificate of occupancy, stop-work orders (1) Zoning/Building permits (any permit or approval authorized to be issued by this chapter) (a) It shall be unlawful to commence the excavation for or the construction of any building or structure, including accessory buildings, or to commence the moving or alteration of any building or structure, including accessory buildings, until the Zoning Enforcement Officer has issued a permit for such work (2) (3) (b) In applying to the Zoning Enforcement Officer for a zoning permit, the applicant shall submit specifications and a dimensioned plan to scale indicating the shape, size, height and location in exact relation to all property lines and to street or road lines of all buildings or structures to be erected, altered or moved and of any building or structure on the lot This plan shall be accompanied by a written statement from a qualified engineer or other satisfactory evidence to the effect that the line of the building, street or road has been accurately located and staked on the ground The applicant shall also state the existing or intended occupancy and use of all such buildings and land and supply other information as may be required by the Zoning Enforcement Officer to ensure that the provisions of this chapter are being observed If the proposed excavations or construction or alterations or moving as set forth in the application are in conformity with the provisions of this chapter and other ordinances of the Village of Fredonia then in force, the Zoning Enforcement Officer shall issue a permit for such excavation, construction, alteration or moving (c) If a zoning permit is refused or if additional approvals are required, the Zoning Enforcement Officer shall state such refusal, in writing, with the cause and shall immediately mail notice of such refusal or indication that additional approvals are required to the applicant at the address indicated on the application (d) The issuance of a permit shall in no case be constructed as waiving any provision of this chapter (e) A zoning permit or any other permit authorized by this chapter shall become void 12 months from the date of issuance unless substantial progress has been made by that date on the project described therein; provided, however, that the building permit may be renewed for an additional six months upon application therefor without the payment of an additional fee Certificate of occupancy (a) Requirement No land or building or other structure or part thereof hereafter erected or altered in its use or structure shall be used or occupied until the Zoning Enforcement Officer shall have issued a certificate of occupancy stating the such land, building, structure or part thereof and the proposed occupancy or use thereof are found to be in conformity with the provisions of this chapter (b) Issuance Within five days of notification that a building or structure or premises or part thereof is ready for occupancy or use, it shall be the duty of the Zoning Enforcement Officer to make a final inspection thereof and to issue a certificate of occupancy if the land, structure or part thereof is found to conform to the provisions of this chapter (c) Refusal If the Zoning Enforcement Officer, after final inspection, refuses to issue a certificate of occupancy, he shall state such refusal, in writing, with the cause and immediately thereupon mail notice of such refusal to the applicant to the address indicated on the application Stop-work orders C (a) Whenever any construction is being done contrary to the provisions of this chapter, the applicable building code or a permit issued thereunder, the Code Enforcement Officer may order the work stopped by notice in writing served on anyone engaged in such work or causing such work to be done, and such person shall forthwith stop such work until notice is received in writing that such stopwork order has been withdrawn or cancelled (b) In the event that there is a violation of a stop-work order by the owner, agent, occupant, contractor or builder, any building permit, certificate of occupancy, special permit or use or area variance therefor issued for such property shall become null and void and new permits, as the case may be, shall be required for further occupancy or use of such building or land Site plan review The Village Planning Board is authorized to review and approve, approve with conditions or disapprove site plans prepared in accordance with such standards outlined in this chapter: (1) Application Application for site plan review shall be made to the Planning Board on a form provided by the Zoning Enforcement Officer and shall be accompanied by a fee as set by the Board of Trustees (2) Staff review (3) (a) A sketch plan conference should be held between the Zoning Enforcement Officer and the applicant prior to the preparation and submission of a formal site plan to the Planning Board Preparing a sketch plan offers an opportunity for the applicant to determine the issues and satisfy staff that the site plan is in conformance with the Zoning Law The conference also enables the Zoning Enforcement Officer to review the basic site design concept, advise the applicant as to potential problems and concerns and to generally determine the specific information to be required on the site plan The project's status under the State Environmental Quality Review Act will be determined at this time (b) The applicant should submit a preliminary sketch of the proposed development and an area map showing the location of the site and the general area Applicants are encouraged to proceed through the sketch plan conference to avoid possible future delays The preliminary sketch plan should include, but not be limited to, abutting land uses, circulation systems, all existing and proposed public or private rights-of-way and easements, residential areas and general phasing plans Preliminary/Final site plan (a) As required in this chapter, an application for site plan approval shall be made, in writing, to the Chairperson of the Planning Board and shall be accompanied by a preliminary site plan as outlined in Article XIII, Site Plan Review The plan shall be reviewed by the Planning Board, which shall approve, approve with conditions or disapprove the preliminary site plan (b) A final site plan shall substantially conform to the preliminary site plan that has been approved, incorporating any revisions or other features recommended by the staff or Planning Board The final site plan shall conform to all requirements of Article XII, Site Plan Review The application for final site plan approval shall be made within six months from the date of the preliminary approval An extension may be granted if agreed to by both the applicant and Planning Board D (4) Public hearing The Planning Board shall conduct a public hearing within 62 days after receipt by the Zoning Enforcement Officer of a complete application for site plan review The Planning Board shall mail notice of said hearing to the applicant at least 10 days before such hearing Notices of the public hearing shall be mailed at least five days prior to the date of the hearing to adjacent property owners within 200 feet from the property line The public hearing shall be advertised at least once in the official paper or in a newspaper of general circulation at least five days before the hearing (5) Planning Board action (a) Within 62 days after such hearing, the Planning Board shall make a decision on the application for site plan review This time period in which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board The Planning Board shall have the authority to approve the application, disapprove the application or approve the application with conditions (b) Conditions attached to the approval of site plans The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly to and incidental to a proposed site plan Upon its approval of said site plan, any such conditions must be met in connection with the issuance of permits by applicable enforcement agents or officers of the Village (6) Reimbursable costs Costs incurred by the Planning Board for consultation fees or other extraordinary expense in connection with the review of a proposed site plan shall be charged to the applicant (7) Waiver of requirement The Planning Board may, when reasonable, waive any requirements for the approval, approval with modifications or disapproval of site plans submitted for approval Any such waiver, which shall be subject to appropriate conditions set forth in the local law adopted pursuant to this chapter, may be exercised in the event any such requirements are found not to be requisite in the interest of the public health, safety or general welfare or inappropriate to a particular site plan (8) The Planning Board shall comply with the applicable requirements regarding notices to the County Planning Board or other applicable agencies and with the requirements of the State Environmental Quality Review Act as set forth in § 7-725-a (9) and (10) of the Village Law Zoning Board of Appeals and Planning Board (1) Definitions As used in this section, the following terms shall have the meanings indicated: AREA VARIANCE — The authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations USE VARIANCE — The authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations (2) Appointment of members Each Village Board of Trustees which adopts a local law and any amendments thereto pursuant to the powers granted by this article shall create a Board of Appeals consisting of three or five members as shall be determined by such local law The Mayor shall appoint the Board of Appeals and the Chairperson, thereof, subject to the approval of the Board of Trustees In the absence of a Chairperson the Board of Appeals may designate a member to serve as Acting Chairperson The Board of Trustees may provide for compensation to be paid to experts, clerks, and a secretary and provide for such other expenses as may be necessary and proper, not exceeding the appropriation made by the Board of Trustees for such purpose In making such appointment, the Village Board of Trustees may require Board of Appeals' members to complete training and continuing education courses in accordance with any local requirements for the training of such members (3) Board of Trustees ineligible No person who is a member of the Village Board of Trustees shall be eligible for membership on such Board of Appeals (4) Terms of members first appointed In the creation of a new Board of Appeals, or the reestablishment of terms of an existing Board, the appointment of members to the Board shall be of terms so fixed that one member's term shall expire at the end of the Village official year in which such members were initially appointed The remaining members' terms shall be so fixed that one member's term shall expire at the end of each official year thereafter At the expiration of each original member's appointment, the replacement member shall be appointed by the Board of Trustees for a term which shall be equal in years to the number of members of the Board (5) Terms of members now in office Members now holding office for terms which not expire at the end of a year shall, upon the expiration of their term, hold office until the end of the year and their successors shall then be appointed for terms which shall be equal in years to the number of members of the Board (6) Increasing membership Any Board of Trustees may, by local law, increase a threemember Board of Appeals to five members Additional members shall be first appointed for single terms as provided by resolution in order that the terms of members shall expire in each of five successive years, and their successor shall thereafter be appointed for full terms of five years No such additional members shall take part in the consideration of any matter for which an application was on file with the Board of Appeals at the time of his or her appointment (7) Decreasing membership A Board of Trustees which has increased the number of members of the Board of Appeals to five may, by local law, decrease the number of members of the Board of Appeals to three, to take effect upon the next two expirations of terms (8) Vacancy in office If a vacancy shall occur otherwise than by expiration of term, the Mayor shall appoint the new member for the expired term (9) Removal of members The Mayor shall have the power to remove, after public hearing, any member of the Zoning Board of Appeals for cause Any Zoning Board of Appeals member may be removed for noncompliance with minimum requirements relating to meeting attendance and training as established by the Village Board of Trustees by local law (10) Chairperson duties All meetings of the Board of Appeals shall be held at the call of the Chairperson and at such other times as such Board may determine Such Chairperson or, in his or her absence, the Acting Chairperson, may administer oaths and compel the attendance of witnesses (11) Training (a) Purpose and intent The Village Board finds that the appropriate training of the Zoning Board of Appeals and Planning Board of the Village of Fredonia is essential The State of New York has recognized the importance of training in its recent amendments to the Zoning Board and Planning Board statutes It is the purpose of this subsection to assist the Zoning and Planning Board members in obtaining training to enhance their ability to carry out their duties under law and to pay the costs of such training as a Village charge It is also the purpose of this subsection to establish minimum training and continuing education course requirements for such members (b) Minimum training requirements [1] All members of the Zoning Board of Appeals and Planning Board of the Village of Fredonia, hereinafter referred to as "Boards," shall be required to attend training courses as follows: [a] Members of said Boards who have not served on their respective Boards for five years by January 1, 2000, shall be required to take eight hours of training each calendar year commencing January 1, 2000, until said members shall have served five years on said Board and shall be required to take four hours of training during each calendar year commencing January 1, 2000, until said member shall have served five years on said Board and shall be required to take four hours of training during each calendar year thereafter [b] Members of said Boards who have served five years by January 1, 2000, on their respective Board shall be required to take four hours of training by December 31, 2000, and four hours of training during each calendar year thereafter [c] The Village Board of Trustees reserves the right to waive any training requirements if the member has shown to the satisfaction of the Board to possess the necessary experience and knowledge or, for good cause, is unable to meet the training requirements [2] Noncompliance with minimum requirements relating to training shall be deemed a proper cause for removal from office [3] The cost of such seminars, workshops or continuing education courses so designated shall be a Village charge Members shall also be reimbursed for travel and meal expenses according to Village policies Such training sessions shall be approved in advance by the Village Board (c) Approved training courses Training sessions which relate to the duties of members of the Zoning Board and Planning Board may include programs offered by the New York State Department of State, New York State Mayor's Conference, Planning Federation and other such entities, as well as in-house updates or seminars (d) Lack of training not to affect validity of members' actions Notwithstanding the foregoing, the failure of a member of the Zoning Board or Planning Board to obtain such training shall not affect said person's qualifications to entertain applications, to vote on such applications or the validity of such member's actions (e) Procedure for removal of a member The Chairperson of the Zoning Board and Planning Board shall notify the Village Board in writing on or about January 15 of any year of any member who fails to comply with the minimum requirements for training in any calendar year In the event that a member of the Zoning Board and Planning Board had failed to complete the minimum training requirements set forth in § 297-23.2D(11)(b), such member may be removed for cause as provided by law (12) Alternate Planning Board and Zoning Board of Appeals members [Added 7-14-2008 by L.L No 5-200857] (a) Applicability This Subsection D(12) shall apply to the appointment, terms, functions and powers of alternate members appointed to serve on the Planning Board and the Zoning Board of Appeals of the Village of Fredonia (b) Findings It is sometimes difficult to maintain a quorum on the Planning Board and Zoning Board of Appeals because members are ill or on extended vacation or they have a conflict of interest situation on a specific matter before such Board In such instances, official business cannot be conducted which may delay or impede adherence to required timelines The use of alternate members in such instances would avoid such difficulties (c) Definitions As used in this chapter, the following terms shall have the meanings indicated: ALTERNATE MEMBER — An individual appointed by the Mayor subject to approval of the Board of Trustees to serve on the Planning Board or the Zoning Board of Appeals when a regular 57 Editor's Note: This local law also amended the title of § 297-23.2D to include the Planning Board member is unable to participate on an application or matter before the respective Board MEMBER — An individual appointed by the Mayor subject to approval of the Board of Trustees to serve on the Planning Board or the Zoning Board of Appeals pursuant to the provisions of the applicable law, local law or ordinance that established each respective Board PLANNING BOARD — The duly constituted Planning Board of the Village of Fredonia VILLAGE BOARD — The duly constituted Village Board of Trustees of the Village of Fredonia ZONING BOARD OF APPEALS — The duly constituted Zoning Board of Appeals of the Village of Fredonia (d) (e) Purpose; appointment, designation and term of office [1] This Subsection D(12)(d) is enacted to provide a process for appointing one alternate member of the Planning Board and one alternate member of the Zoning Board of Appeals These individuals would serve when members are absent or unable to participate on an application matter before the respective Board [2] Alternate members of the Planning Board and the Zoning Board of Appeals shall be appointed by the Mayor, subject to the approval of the Board of Trustees, for a term of two years There shall be one alternate member appointed for the Zoning Board and one alternate member appointed for the Planning Board [3] The Chairperson of the Planning Board or the Zoning Board of Appeals shall designate an alternate to substitute for a member when such member is unable to participate on an application or matter before the Board When so designated, the alternate member shall possess all the powers and responsibilities of such member of the Board Such designation shall be entered into the minutes of the initial Planning Board or Zoning Board of Appeals meeting at which the substitute is made [4] Alternate members shall serve at a fee of $25 per meeting attended by such alternate member [5] All provisions of state law relating to Planning Board or Zoning Board Appeals member eligibility, vacancy in office, removal, compatibility of office and service on other boards, as well as provisions of any local law or ordinance relating to training and continuing education, shall also apply to alternate members Supersession of New York State Village Law This subsection is adopted pursuant to the provisions of § 10 of the New York State Municipal Home Rule Law and § 10 of the New York State Statute of Local Governments It is the intent of the Village Board, pursuant to § 10 of the New York State Municipal Home Rule Law, to supersede the provisions of: [1] New York State Village Law § 7-718 relating to the appointment of members to village planning boards; [2] E New York State Village Law § 7-712 relating to the appointment of the members to village zoning boards of appeals Zoning Board of Appeals procedure (1) Meetings, minutes, records Meetings of such Board of Appeals shall be open to the public to the extent provided in Article of the Public Officers Law Such Board of Appeals shall keep minutes of the proceedings, showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions The Chairperson of the Zoning Board or, in is his absence, the Acting Chairperson may administer oaths and compel the attendance of witnesses (2) All meetings of the Board of Appeals shall be held at the call of the Chairperson or, in the absence of the Chairperson, at the call of the Acting Chairperson or any two Board members (3) Filing of decision and notice The decision of the Board of Appeals on the appeal shall be filed in the office of the Village Clerk within five business days after the day such decision is rendered, and a copy thereof shall be mailed to the applicant (4) Assistance to Board of Appeals Such Board shall have the authority to call upon any department, agency or employee of the Village for such assistance as shall be deemed necessary and as shall be authorized by the Village Board of Trustees Such department, agency or employee may be reimbursed for any expenses incurred as a result of such assistance (5) Hearing appeals Unless otherwise provided by local law, the jurisdiction of the Board of Appeals shall be appellate only and shall be limited to hearing and deciding appeals from and reviewing any order, requirement, decision, interpretation, or determination made by the administrative official charged with the enforcement of any local law adopted pursuant to this article The concurring vote of a majority of the members of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to grant a use variance or area variance Such appeal may be taken by any person aggrieved or by an officer, department, board or bureau of the Village (6) Filing of administrative decision and time of appeal (a) Each order, requirement, decision, interpretation or determination of the administrative official charged with the enforcement of the zoning local law shall be filed in the office of such administrative official within five business days from the day it is rendered, and shall be a public record Alternately, the Village Board of Trustees, may, by resolution, requires that such filing instead be made in the Village Clerk's office (b) An appeal shall be taken within sixty days after the filing of any order, requirement, decision, interpretation or determination of the administrative official, by filing with such administrative official and with the Board of Appeals a notice of appeal, specifying the grounds thereof and the relief sought The administrative official from whom the appeal is taken shall forthwith transmit to the Board of Appeals all the papers constituting the record upon which the action appealed from was taken (c) An application for an appeal shall be made to the Zoning Board of Appeals on a form provided by the Zoning Enforcement Officer and shall be accompanied by a fee as set by the Board of Trustees (7) Stay upon appeal An appeal shall stay all proceedings in furtherance of the action appealed from, unless the administrative official charged with the enforcement of such local law, from whom the appeal is taken, certifies to the Board of Appeals, after the notice of appeal shall have been filed with the administrative official, that by reason of acts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or by a court of record on application, on notice to the administrative official from whom the appeal is taken and on due cause shown (8) Public hearing on appeal The Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it and give public notice of such hearing by publication in a newspaper of general circulation in the Village at least five days prior to the date thereof In addition, notice of the public hearing shall be mailed at least five days prior to the date of the hearing to adjacent property owners within 200 hundred feet from the property lines for the premises for which the appeal is requested The cost of sending or publishing any notice relating to such appeal, or a reasonable fee relating thereto, shall be borne by the appealing party and shall be paid to the Board prior to the hearing of such appeal Upon the hearing, any party may appear in person, or by agent or attorney (9) Time of decision The Board of Appeals shall decide upon the appeal within 62 days after the conduct of said hearing The time within which the Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board (10) Filing of decision and notice The decision of the Board of Appeals on the appeal shall be filed in the office of the Village Clerk within five business days after the day such decision is rendered, and a copy thereof mailed to the applicant (11) Notice to Park Commission and county planning board or agency or regional planning council At least five days before such hearing, the Board of Appeals shall mail notices thereof to the parties, to the regional state park commission having jurisdiction over any state park or parkway within five hundred feet of the property affected by such appeal and to the county planning board or agency or regional planning council as required by § 239-m of the General Municipal Law, which notice shall be accompanied by a full statement of such proposed action, as defined in subdivision one of § 239-m of the General Municipal Law (12) Compliance with state environmental quality review set The Board of Appeals shall comply with the provisions of the State Environmental Quality Review Act under Article of the Environmental Conservation Law and its implementing regulations as codified in Title 6, Part 617 of the New York Codes, Rules and Regulations (13) Rehearing A motion for the Zoning Board of Appeals to hold a rehearing to review any order, decision or determination of the Board not previously reheard may be made by any member of the Board A unanimous vote of all members of the Board then present is required for such rehearing to occur Such rehearing is subject to the same notice provisions as an original hearing Upon such rehearing the Board may reverse, modify or annul its original order, decision or determination upon the unanimous vote of all members then present, provided the Board finds that the rights vested in persons acting in good faith in reliance upon the reheard order, decision or determination will not be prejudiced thereby F Permitted action by Zoning Board of Appeals (1) Orders, requirements, decisions, interpretations, determinations The Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination appealed from and shall make such order, requirement, decision, interpretation or determination as in its opinion ought to have been made in the matter by the administrative official charged with the enforcement of such local law and to that end shall have all the powers of the administrative official from whose order, requirement, decision, interpretation or determination the appeal is taken (2) Use variances (a) The Board of Appeals, on appeal from the decision or determination of the administrative officer charged with the enforcement of such local law, shall have the power to grant use variances, as defined herein (b) No such use variance shall be granted by a Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship In order to prove such unnecessary hardship, the applicant shall demonstrate to the Board of Appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located: (c) [1] The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence; [2] The alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood; [3] The requested use variance, if granted, will not alter the essential character of the neighborhood; and [4] The alleged hardship has not been self-created The Board of Appeals, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proved by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community (3) Area variances (a) The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the administrative official charged with the enforcement of such local law, to grant area variances as defined herein (b) In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant In making such determination, the board shall also consider: (c) [1] Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance; [2] Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance; [3] Whether the requested area variance is substantial; [4] Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and [5] Whether the alleged difficulty was self-created; which consideration shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the area variance The Board of Appeals, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community (4) Imposition of conditions The Board of Appeals shall, in the granting of both use variances and area variances, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property Such conditions shall be consistent with the spirit and intent of the zoning local law, and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community (5) Special use permit review The Zoning Board of Appeals is authorized to review and approve, approve with conditions or disapprove special use permit applications prepared in accordance with such standards outlined in this chapter (a) Application Application for special use permits shall be made to the Zoning Board of Appeals on a form provided by the Zoning Enforcement Officer and shall be accompanied by a fee as set by the Board of Trustees (b) (c) Review [1] A sketch plan conference shall be held between Zoning Enforcement Officer and the applicant prior to the preparation and submission of a formal special use permit application to the Zoning Board of Appeals The conference also enables Zoning Enforcement Officer to review the basic site design concept, advise the applicant as to potential problems and concerns and to generally determine the specific information to be required on the site plan The project's status under the State Environmental Quality Review Act will be determined at this time [2] The applicant shall submit a preliminary sketch of the proposed development and an area map showing the location of the site and the general area Applicants are encouraged to proceed through the sketch plan conference to avoid possible future delays The preliminary sketch plan should include, but not be limited to, abutting land uses, circulation systems, all existing and proposed public or private rights-of-way and easements, residential areas and general phasing plans Site plan [1] As required in this chapter, an application for special use permits shall be made, in writing, to the Zoning Board of Appeals and shall be accompanied by a site plan as outlined in Article XIII, Special Use Permits [2] As part of the approval process, within 10 days of receipt of the complete application for special use permit approval, the Zoning Enforcement Officer shall refer the project to the Village Planning Board for review The Planning Board may make recommendations to the Zoning Board of Appeals within 21 days from the date of referral from the Zoning Enforcement Officer This time period may be extended by mutual consent of the applicant, the Planning Board and the Zoning Board of Appeals The failure of the Planning Board to make recommendations or the Zoning Board of Appeals' refusal to adopt any of the recommendations of the Planning Board shall not affect the validity of the Zoning Board of Appeals' decision in the matter (d) Public hearing After reviewing the site plan and recommendations, if any, from other involved Village or county agencies, the Zoning Board of Appeals shall hold a public hearing, which public hearing shall be held within 62 days from the day the application is received by the Zoning Enforcement Officer Notices of the public hearing shall be mailed at least five days prior to the date of the hearing to adjacent property owners within 200 feet from the property line The public hearing shall be advertised at least once in a newspaper of general circulation in the Village at least five days before the hearing (e) Final special use permit and site plan A final site plan for the special use permit application shall substantially conform to the site plan that has been approved, incorporating any revisions or other features recommended by the Zoning Enforcement Officer or the Zoning Board of Appeals (f) State Environmental Quality Review Act The Zoning Board of Appeals shall comply with the provisions of the State Environmental Quality Review Act under Article of the Environmental Conservation Law and its implementing regulations (g) Zoning Board of Appeals action Within 62 days from the date of the public hearing, the Zoning Board of Appeals shall render a decision of approval, conditional approval or disapproval This time period may be extended by mutual consent of the applicant and the Board The decision of the Zoning Board of Appeals shall be filed in the office of the Village Clerk within five business days after such decision is rendered, and a copy thereof mailed to the applicant (h) Conditions attached to the issuance of special use permits The Zoning Board of Appeals shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed special use permit Upon its granting of said special use permit, any such conditions must be met in connection with the issuance of permits by applicable enforcement agents or officers of the Village (i) Reimbursable costs Costs incurred by the Zoning Board of Appeals for consultation fees or other extraordinary expense in connection with the review of a proposed special use permit shall be charged to the applicant (6) Notice to applicant and Chautauqua County Planning Board At least 10 days before such hearing, the authorized board shall mail notices thereof to the applicant and to the county planning board or agency or regional planning council, as required by § 239-m of the General Municipal Law, which notice shall be accompanied by a full statement of such proposed action, as defined in Subdivision one of § 239-m of the general municipal law (7) Fees The applicant for any permit or variance or certificate required under this chapter shall pay to the Village of Fredonia a fee as shall be fixed from time to time by resolution of the Board of Trustees of the Village of Fredonia See Chapter A312 of the Code of the Village of Fredonia and any amendments thereto (8) Article 78 proceeding Application to Supreme Court by aggrieved persons Any person or persons, jointly or severally aggrieved by any decision of the Board of Appeals or any officer, department, board or bureau of the Village, may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules Such proceeding shall be instituted within 30 days after the filing of a decision of the Board in the office of the Village Clerk § 297-23.3 Penalties for offenses A Complaints of violations Whenever a violation of this chapter occurs, any person may file a complaint, in writing All such complaints must be filed with the Zoning Enforcement Officer, who shall properly record such complaint and investigate in a timely manner B Penalties for violation Any person who violates any provision of this chapter, or any regulation adopted, is guilty of an offense punishable by a fine not exceeding $350 or imprisonment for period not to exceed 15 days, or both, for conviction of a first offense For conviction of a second offense, both of which were committed within a period of five years, a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed 15 days, or both Upon conviction for a third or subsequent offense, all of which were committed within a period of five years, a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed 15 days or both Whenever such person shall have been notified by the Zoning Enforcement Officer or any other Code Enforcement Officer of the Village of Fredonia by service of summons or appearance ticket or in any other way that they are committing such violation of this chapter, each day that they shall continue such violation after such notification shall constitute a separate offense punishable by a like fine or penalty Such fines or penalties shall be collected as like fines or penalties are now collected by law § 297-23.4 Remedies In case any building or structure is about to be erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is or is about to be used in violation of this chapter, the Board of Trustees of the Village of Fredonia, in addition to the other remedies, may institute any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alterations, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business, or use in or about such premises All issues in any action or proceeding for any of the purposes herein stated shall have preference over all other civil actions and proceedings ARTICLE XXIV Amendments § 297-24.1 Procedures set forth in applicable state law The regulations, restrictions and boundaries established by this chapter may from time to time be amended, supplemented, changed, modified or repealed by local law in accordance with the procedures provided by §§ 7-706 and 7-708 of the Village Law of the State of New York, as the same may be amended from time to time or in accordance with the Municipal Home Rule Law of the State of New York ... Board of Trustees of the Village of Fredonia, Village of Fredonia Planning Board and Zoning Board since 1994 with the objective of controlling land for the benefit of the entire Village of Fredonia. .. been recorded in the office of the County Clerk prior to the effective date of the Village of Fredonia Subdivision Law of the Village of Fredonia Village Code,24 or is either part of a subdivision... conflict with the stable environment of residential districts in the Village of Fredonia It is also the public policy of the Board of Trustees of the Village of Fredonia to reduce the parking and