Whereas all the procedures, notices and hearings required by law have been complied with, now therefore the Village Board of the Village of East Aurora ordains, enacts and publishes the following chapter establishing zoning regulations for the Village of East Aurora, New York, and providing for the enactment, administration and amendment thereof pursuant to the provisions of New York State Village Law, Article 7.
The regulations of this chapter apply to all development, public or private, within the corporate limits of the Village of East Aurora unless otherwise expressly stated in this chapter.
There is hereby established a comprehensive zoning plan for the Village of East Aurora, which is set forth in the text, map and table that constitute this chapter. Said plan is adopted for the purpose set forth in New York State Village Law, Article 7.
This chapter shall be known and may be cited as the "Zoning Code of the Village of East Aurora, New York." For convenience, it is also referred to throughout this chapter as the "zoning law" or "zoning code."
This chapter shall be in effect immediately upon adoption and publication as provided by law.
If any section, subsection, paragraph, sentence, clause or phrase of this chapter is declared by any court of competent jurisdiction to be invalid, such invalidity shall not affect any other portion of this chapter. The Village Board hereby declares that it would have adopted every section, subsection, paragraph, sentence, clause and phrase of this chapter regardless of the fact that any other section, subsection, paragraph, sentence, clause or phrase is declared invalid.
A. 
Applications prior to effective date. Development applications that were submitted in complete form and are pending approval before the effective date will be reviewed wholly under the terms of the zoning law in effect immediately before the effective date, unless a formal written request is submitted in writing by the applicant requesting review under this chapter. The applicant's request for this chapter to be applied, once submitted, may not be changed.
B. 
Permits granted prior to effective date. Any building, development or structure for which a building permit was issued before the effective date may be completed in conformance with the issued building permit and other applicable permits and conditions, even if such building, development or structure does not fully comply with provisions of this chapter. If building is not commenced and diligently pursued within the time allowed under the original permit or any extension granted, then the building, development or structure must be constructed, completed and occupied only in strict compliance with the standards of this chapter.
C. 
Continuance of violations. Any violation of the previous zoning law will continue to be a violation under this chapter and be subject to penalties and enforcement under New York State Village Law. If the use, development, construction or other activity that was a violation under the previous law complies with the express terms of this chapter, enforcement action will cease, except to the extent of collecting penalties for violations that occurred before the effective date of this chapter. The adoption of this chapter does not affect nor prevent any pending or future prosecution of, or action to abate, violations of the previous law that occurred before the effective date of this chapter.
D. 
Continuing nonconformities. Any nonconformity under the previous zoning law will also be nonconformity under this chapter, as long as the situation that resulted in the nonconforming status under the previous regulation continues to exist. If, however, a nonconforming situation under previous zoning regulations becomes conforming because of the adoption of this chapter, or any subsequent amendment to it, then the situation will no longer be considered a nonconformity.