A.
This chapter or any part thereof may be amended, supplemented
or repealed from time to time by the Board of Trustees on its own
motion or on petition. Every such petition shall be referred by the
Board of Trustees to the Planning Board for a report before the public
hearing. Unless the Planning Board fails to render such report within
30 days after the next regularly scheduled meeting of such Board following
the time of such referral, the Board of Trustees shall not take action
on any such amendment without a recommendation from the Planning Board.
[Amended 5-2-1988 by L.L. No. 3-1988[1]]
[1]
Editor's Note: Section 2 of this local law
provided that the eighth sentence of § 7-724 of the Village
Law of the State of New York, as it applies to the Village of Irvington,
is hereby modified to read:
"Before making any such addition or change
on petition, but not on its own motion, the Board of Trustees shall
refer the matter to the Planning Board for report thereon, but if
the Planning Board shall not make its report within 30 days of such
reference, it shall forfeit the right further to suspend action."
B.
Each petition for a zoning amendment shall be accompanied
by a fee as set from time to time by the Board of Trustees,[2] payable to the Village Clerk upon the filing thereof.
No fee shall be required for petitions filed in favor of or against
a pending application.
[Amended 8-18-2003 by L.L. No. 20-2003]
D.
Should any proposed amendment consist of or include:
(1)
Any change in the boundaries of any district, which
change would occur within a distance of 500 feet of the boundary of
any other municipality; or
(2)
Any change in the regulations prescribed for any district,
any portion of which is located within 500 feet of such boundaries,
the Village Clerk shall transmit to the Municipal Clerk of such other
municipality a copy of the official notice of the public hearing thereon
not later than the day after such notice appears in the official newspaper
of the Village. Failure of the Village Clerk to give such notice to
another municipality shall invalidate the procedure only if the proposed
amendment is adopted.
G.
In all cases where the Board of Trustees shall approve
an amendment to the Zoning Map,[5] said Board shall find that, for reasons fully set forth
in said findings, such amendment is in conformity with a comprehensive
zoning plan.
[5]
Editor's Note: A copy of the Zoning Map is
on file in the Village offices.
A.
In their interpretation and application, the provisions
of this chapter shall be held to be the minimum requirements adopted
for the promotion of public health, safety, comfort, convenience and
general welfare. Except where specifically provided to the contrary,
it is not intended by this chapter to repeal, abrogate annul or in
any way to impair or interfere with any rules, regulations or permits
previously adopted or issued or which shall be adopted or issued pursuant
to law relating to the use of buildings, structures, shelter or premises;
nor is it intended by this chapter to interfere with or abrogate or
annul any easements, covenants or other agreements between parties;
provided however, that where this chapter imposes a greater restriction
upon the use of a building or premises or requires larger open spaces
than are imposed or required by any other statute, ordinance, rule,
regulation or permit or by any easement or agreement, the provisions
of this chapter shall control.
B.
In the event of conflict in the terminology of any
section or part thereof of this chapter, the more restrictive provisions
shall control.
[Added 2-27-1989 by L.L. No. 3-1989]
A.
The Board of Trustees, Planning Board, Zoning Board
of Appeals, Architectural Review Board, Environmental Conservation
Board and any other agency or board affected by this chapter may adopt
rules and regulations to carry out its functions hereunder subject
to the provisions hereinafter set forth.
B.
The proposed rules or regulations shall first be promulgated
by the board or agency and thereafter transmitted to the Village Clerk
who shall place them on a Village Board of Trustees' agenda within
60 days after receipt.
C.
Unless the Board of Trustees within 60 days thereafter
disapproves, modifies or alters the proposed rule or regulation, the
proposed rule or regulation shall become a rule or regulation of the
promulgating board or agency.
D.
The Board of Trustees may amend or rescind any rule
or regulation promulgated hereunder at any time.
E.
Violation of any rule or regulation promulgated hereunder
shall be a violation of this chapter.
[Added 8-19-2002 by L.L. No. 8-2002;
amended 5-3-2010 by L.L. No. 3-2010]
No permits, variances, licenses, subdivision,
site plan or other approvals or authorizations shall be issued, no
applications therefor shall be considered, and no informal conference,
preliminary review or other procedure in relation thereto shall be
conducted by the Village Board, Planning Board, Zoning Board of Appeals,
Architectural Review Board, Environmental Conservation Board, Building
Inspector or any other board, commission or agency of the Village,
with respect to any premises within the Village, unless and until
all outstanding Code violations on said premises are resolved and
all amounts due the Village in real estate taxes, special assessments
and any other payments chargeable to the owner or possessor of said
premises, together with all penalties and interest thereon, shall
have been paid in full.
