The title of this chapter is the "Village of Albion Zoning Local Law, Orleans County, New York" and shall include this text, schedules and Zoning Map.[1] All existing zoning local laws of the Village of Albion, Orleans County, New York, are hereby repealed upon the effective date of this chapter.
[1]
Editor's Note: The Zoning Map is on file in the Village offices.
This Zoning Chapter is adopted pursuant to the Village Law of the State of New York to promote and protect the public health, safety and general welfare and in furtherance of the following related and more specific purposes:
A. 
To prevent overcrowding of the land and undue concentration of population;
B. 
To provide for adequate light, air and convenience of access;
C. 
To provide for solar access and the implementation of solar energy systems;
D. 
To secure safety from fire, flood and other dangers;
E. 
To lessen congestion in the streets and facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements;
F. 
To protect and conserve property values throughout the Village;
G. 
To protect the character of residential neighborhoods;
H. 
To provide opportunities for businesses and industries to provide jobs and services to area residents;
I. 
To protect the natural and aesthetic resources of the Village; and
J. 
To guide and regulate the orderly growth, development and redevelopment of the Village of Albion in accordance with a well-considered plan and with long-term objectives, principles and standards deemed beneficial to the interest and welfare of the people.
A. 
In their interpretation and application, the provisions of this chapter shall be considered to be minimum requirements to promote and protect public health, safety, comfort, convenience, prosperity and other aspects of the general welfare.
B. 
Whenever the requirements of this chapter are in conflict with the requirements of any other lawfully adopted rules, regulations, codes or local laws, the most restrictive of such rules, regulations, codes or local laws or those imposing the higher standards shall govern.
Prior to any action by a municipal board or official on any application made in accordance with the provisions of this chapter, the Village shall satisfy the requirements of the state environmental quality review (SEQR) regulations.
Permit fees shall be collected and paid according to the fee structure in effect at the time of application. A fee schedule is posted at the Village Clerk's office.
A. 
Any person, firm, company or corporation owning, controlling or managing any building, structure or premises therein or where there shall be placed on or there exists anything in violation of any of the provisions of this chapter and any person, firm, company or corporation, who shall assist in the commission of any violation of this chapter or any conditions imposed by the Village Board, Planning Board or the Zoning Board of Appeals or who shall build or use any building or parcel of land contrary to the plans or specifications submitted to the Code Enforcement Official and certified as complying with this chapter and the Uniform Code, and any person, firm, company or corporation who shall omit, neglect or refuse to do any act required by this chapter shall be guilty of an offense and subject to a fine of not more than $250 or imprisonment for a period of not more than 15 days, or both, and in addition may be ordered to pay all costs and expenses involved in the case. Every such person, firm, company or corporation shall be deemed guilty of a separate offense for each day such violation, disobedience, omission, neglect or refusal shall continue.
B. 
Alternative penalty. In case of any new violation of any of the provisions of this chapter or conditions imposed by the Village Board, Planning Board or Zoning Board of Appeals and in addition to other remedies herein provided, the Village Board may institute any appropriate action or proceeding to prevent such unlawful erection, structural alteration, reconstruction, moving and/or use; to restrain, correct or abate such violation; to prevent the occupancy of such building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.
The provisions and regulations of this chapter and interpretations thereof shall be made in accordance with the objectives of the Village's Comprehensive Plan, pursuant to the applicable provisions of New York State (NYS) Village Law.
A. 
Procedure. The Village Board may from time to time, on its own motion, on petition or on recommendation of the Planning Board and in accordance with the laws of the State of New York, amend, supplement or repeal the regulations, provisions or district boundaries of this chapter.
B. 
Filing of petition. A petition to amend, change or supplement the text of this chapter or any zoning district as designated on the Zoning Map established herein shall be filed with the Village Clerk and shall be transmitted by the Clerk to the Village Board. A petition for a change to the Zoning Map shall contain a map which clearly describes the affected property and its boundaries and shall indicate the existing zoning district and the requested zoning change. In addition, every petition for an amendment to this chapter shall contain an environmental assessment form completed and signed by the petitioner or agent in accordance with the procedures set forth in state environmental quality review (SEQR) regulations.
C. 
Referral to Planning Board. Each proposed amendment, except those initiated by the Planning Board, shall be referred to the Planning Board for an advisory report. In reporting to the Village Board, the Planning Board shall fully state its reasons for recommending or opposing the adoption of such proposed amendment. The Planning Board may condition its approval, as may be appropriate, and shall state whether such amendment is in harmony with the Village's Comprehensive Plan. The Planning Board shall state its position relative to proposed zoning amendment in writing within 45 days of its referral from the Village Board. Absence of a reply from the Planning Board within the forty-five-day period shall indicate that the Board is in favor of the proposed amendment.
D. 
Public hearing; notice; recording of actions. Unless otherwise specified, the provisions of the Village Law of the State of New York pertaining to public hearings, official notices and proper recording of zoning actions taken by the Village Board shall apply to all proposed amendments to this chapter.
E. 
Disposition final; rehearing on petition. The disposition of a petition for amendment by the Village Board shall be final; and disapproval or denial of the proposed amendment shall void the petition. No new petition for an amendment which has been previously denied by the Village Board shall be considered by it, except for a vote to table or to receive and file, and no public hearing shall be held on such amendment within a period of one year from the date of such previous denial unless the Planning Board shall submit a recommendation, with reasons stated therefor, certifying that there have been substantial changes in the situation which would merit a rehearing by the Village Board. Such rehearing may be granted only upon a favorable vote by not less than four members of the Village Board.
The zoning of lands annexed into the Village subsequent to the adoption of this chapter shall follow the procedures for amendments specified in § 290-8 above. The process for establishing zoning for lands to be annexed into the Village shall be coordinated with the annexation process.