Canajoharie Village
City Zoning Code
City Zoning Code
ARTICLE V
Use Regulations
[Amended 7-2-2013 by L.L. No. 2-2013; 1-10-2019 by L.L. No. 1-2019; 7-7-2020 by L.L. No. 4-2020]
§ 157-7 R-1 Residential District.
The R-1 Residential District is established to encourage the creation and preservation of low-density single-family residential neighborhoods and to limit the establishment of nonresidential uses to those that are compatible with the intended low-density neighborhood character. The stipulated density is intended to provide for areas of suburban character in the community, particularly in the outer periphery of the Village.
The use regulations for the R-1 Residential District shall be as set forth in the Schedule of District Regulations included as Schedule A to this chapter.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
§ 157-8 R-2 Residential District.
The R-2 Residential District is established to preserve and protect single-family neighborhoods with traditional urban character that are the oldest residential areas in the Village and to limit medium-density housing to locations that are compatible with the existing residential neighborhood.
The use regulations for the R-2 Residential District shall be as set forth in the Schedule of District Regulations included as Schedule A to this chapter.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
§ 157-9 R-3 Residential District.
The R-3 Residential District is established to promote, preserve and protect existing medium-density residential neighborhoods, allow for small-scale attached dwellings in a traditional neighborhood setting, and limit multifamily to locations that are compatible with the existing residential neighborhood.
The use regulations for the R-3 Residential District shall be as set forth in the Schedule of District Regulations included as Schedule A to this chapter.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
§ 157-10 WD Waterfront District.
The WD Waterfront District is established to protect lands along the Mohawk River and its confluence with Canajoharie Creek, to promote public recreation and river access, and to furnish areas for public facilities and services.
The use regulations for the WD Waterfront District shall be as set forth in the Schedule of District Regulations included as Schedule A to this chapter.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
§ 157-11 B-1 Core Business District.
The B-1 Core Business District is established to permit a wide variety of retail and service establishments within a core business district. Permitted uses are those which serve to preserve, maintain and promote downtown Canajoharie as a core area for retail sales and to promote and enhance the existing historic, compact pedestrian orientation of the downtown by permitting buildings to be close to the street and to one another.
The use regulations for the B-1 Core Business District shall be as set forth in the Schedule of District Regulations included as Schedule A to this chapter.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
§ 157-12 G-1 Gateway Business District.
The G-1 Gateway Business District is established to permit a wide variety of commercial and light manufacturing uses of a limited scale and intensity, and which provide an appropriately designed visual transition between the rural areas of the Town and the concentrated business area of the Village.
The use regulations for the G-1 Gateway Business District shall be as set forth in the Schedule of District Regulations included as Schedule A to this chapter.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
§ 157-13 M-1 Manufacturing District.
The M-1 Manufacturing District is established to permit a variety of research, manufacturing and distribution activities thereby promoting employment and strengthening the economy of the community. This district also provides for the continuation of existing manufacturing uses and the establishment of new ones in ways that are compatible with the historic fabric of the Village, and where the operational characteristics of such uses do not cause unacceptable levels of smoke, gas, odor, dust, noise or vibration.
The use regulations for the M-1 Manufacturing District shall be as set forth in the Schedule of District Regulations included as Schedule A to this chapter.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
§ 157-14 Planned Development Districts.
The regulations for Planned Development Districts are intended to provide a means for the development of residential, business, commercial, manufacturing, institutional or recreational subdivisions, or combinations thereof, in which economies of scale or creative architectural or planning concepts may be utilized by the developer without departing from the spirit and intent of this chapter. In no case shall the regulations of this section be so interpreted as to circumvent the benefits of this chapter to the residents or occupants of adjoining properties. Planned Development Districts may be established only in accordance with the procedures specified below.
Minimum area.
The minimum area for a Planned Development District shall be five acres.
The calculation of area for a Planned Development District shall not include easements, parks, existing streets or otherwise dedicated land, water areas in excess of 5% of the minimum gross acreage, lands designated on the Official Map for public purposes or land undesirable by reason of topography, drainage or adverse subsoil conditions. Sites proposed for a combination of two or more use classifications shall consist of the total land area required for each such use.
A parcel, district or site proposed for planned development need not be under single ownership where the proposed development consists of a group of structures or improvements capable of being developed separately but in accordance with a single, unitary plan, and in which the separate owners indicate their express intentions to enter into such private agreements between or among themselves as will facilitate their mutual enterprise, and assure its completion as planned to the satisfaction of the community.
Planning Board referral.
Application for establishment of a Planned Development District or a development project within such a district shall be made to the Village Board. The Village Board shall refer the application to the Planning Board within 30 days from receipt of the application. The applicant shall furnish to the Planning Board basic site data pertaining to the boundaries of the proposed planned development, existing zoning, the topography and subsoil conditions and such preliminary plans as may be required for an understanding of the proposed development, with a petition for the desired zoning change, if required.
The Planning Board may require such changes in said preliminary plans as are found to be necessary to meet the requirements of this chapter. The Planning Board may make such additional requirements as are deemed reasonably necessary to protect the established or permitted uses in the vicinity and to promote and protect the orderly growth and sound development of the Village. In its review the Planning Board shall consider, among other things, the following:
That the proposal substantially conforms with the Village's Master Plan.
The need for the proposed land use(s) in the proposed location.
The existing character of the neighborhood.
The location of principal and accessory buildings on the site in relation to one another.
The pedestrian circulation and open space in relation to structures.
The traffic circulation features within the site and the amount, location and access to automobile-parking areas.
The height and bulk of buildings and their relation to other structures in the vicinity.
The proposed location, type and size of display signs, driveways, loading zones and landscaping.
The safeguards provided to minimize possible detrimental effects of the proposed use on adjacent properties and the neighborhood in general.
Storm drainage and sanitary waste disposal in and adjacent to the area.
In its review, the Planning Board may consult with legal, engineering, planning or environmental consultants and agency representatives to render professional opinions regarding the verification of data shown in the proposal, the proposal's relationship with the existing zoning and with the Master Plan, the possible effects of the proposal upon the surrounding properties, the general harmony with the essential character of the area, the aesthetic and design qualities of the proposal, and such other factors or considerations as may be appropriate in considering the merits of the proposal.
The Planning Board shall recommend approval, approval with modifications or disapproval of such application and shall report its findings to the Village Board within 90 days following the date of referral by the Village Board to the Village Planning Board. This timeframe may be extended upon mutual agreement of the Planning Board and the applicant.
Village Board action.
Upon receipt of the Planning Board's recommendations, the Village Board shall proceed in accordance with the provisions of Article XII relative to amendments to this chapter, including scheduling a public hearing.
In accordance with § 239-M of the New York General Municipal Law, the Village Board shall refer the proposed Planned Development District plan to the county planning agency for its recommendation.
The Village Board shall comply with all procedures required by Part 617 of Title 6 of New York's Codes, Rules and Regulations, also known as State Environmental Quality Review (SEQR).
After having heard from the public during the public hearing, considering the recommendations of the Planning Board and county planning agency, and conducting a thorough review of any significant environmental impacts, the Village Board shall, by resolution, approve or disapprove the proposed Planned Development District plan as presented or modified, with or without conditions, as necessary to fully protect the health, safety and welfare of the community. If the Village Board approves the Planned Development District, the Official Zoning Map shall be so amended.
A resolution approving a Planned Development District shall state the allowed uses, permitted density, site improvements and the timeframe by which the applicant must complete construction after receiving final site plan approval by the Planning Board. As a condition of approval, the Village Board may require the posting of adequate performance guaranties to ensure the completion of the project and the installation of all site improvements.
Adoption of a resolution by the Village Board changing the zoning of the parcel to a Planned Development District shall not constitute approval of final plans or an authorization to the applicant or developer to begin construction or site preparation. No building permits or other approvals will be issued until final site plan approval has been granted by the Planning Board.
Final site plan review.
Upon Village Board approval of the Planned Development District, the Planning Board shall undertake final site plan review in accordance with § 124-10 of the Village of Canajoharie Code.
In considering the final plans and specifications for a development in a Planned Development District, the requirements for lot area, lot width, building coverage, building heights and other bulk, density or parcel specifications of this chapter, or the other physical requirements of this chapter, shall be observed as general guidelines, and may be more or less restrictive in accordance with the recommendations of the Planning Board or its consultants.
§ 157-15 Prohibited and special permit uses.
Prohibited uses.
No building or structure or part thereof and no lot or land or part thereof shall hereafter be used except for a purpose specifically permitted by the provisions of Schedule A: Schedule of Use Regulations[1] for the district in which such building or structure, lot or land is located on the official Zoning Map.
[1]
Editor’s Note: Said schedule is included as an attachment to this chapter.
In all districts, no building, structure or lot shall be used in whole or in part for any trade, business, industry or process which is noxious or offensive by reason of the production or emission of smoke, noise, gas, odor, dust, refuse matter, vibration or excessive light beyond the limits of its lot so as to be dangerous or prejudicial to the public health, safety or general welfare as determined by the Planning Board.
Special permit uses.
Intent and purpose. Special uses are considered to be uses which may be appropriate in the district in which they are located, but which possess special characteristics which may pose land use problems or conflicts if controlled only by the district regulation applicable to permitted uses. Each use warrants consideration as an individual case in the district and on the specific lot on which it is proposed to be located. Granting of a special permit for a special use in a zoning district shall be based on its own unique facts and circumstances and shall not establish any precedent for granting of a special permit for the use or any other special permit use on any other lot in the district or in other districts.
General provisions.
The Board of Trustees of the Village of Canajoharie authorizes the Planning Board to review and grant special use permits as enumerated in Schedule A: Schedule of Use Regulations.[2] No such permit shall be granted by the Planning Board unless it finds that the use for which such permit is sought will not, in the circumstances of the particular case and under any conditions that the Board considers to be necessary or desirable, be injurious to the neighborhood or otherwise detrimental to the public welfare.
[2]
Editor’s Note: Said schedule is included as an attachment to this chapter.
In approving such use, the Planning Board shall find that:
The use is so designed, located and proposed to be operated such that the public health, safety, and welfare will be protected, with particular emphasis on fire protection and accessibility for emergency services.
The use is appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal and similar facilities.
The use will be in harmony with the visual and physical environment and not in conflict with the Comprehensive Plan for the Village of Canajoharie.
The use will be compatible with adjoining development and the character of the neighborhood, and that surrounding property values will be reasonably safeguarded.
Adequate traffic control and off-street parking and loading are provided, and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets.
The use conforms to all applicable regulations governing the district where it is located, and to any other applicable regulations under other provisions of this chapter, except where a variance has been granted by the Zoning Board of Appeals.
Procedures. Application for a special permit pursuant to these regulations shall be upon forms prescribed by the Planning Board and shall contain a written description of the proposed use, with reference to the appropriate use and bulk regulations herein. The following general procedures shall be applied:
Applications for special use permits shall require site plan approval in accordance with the site plan regulations in accordance with Chapter 124, Site Plan Review, of the Code of Village of Canajoharie. The Planning Board may waive site plan approval for a special permit application that will involve no physical alteration or disturbance of a site.
In its review, the Planning Board may consult with legal, engineering, planning or environmental consultants and agency representatives to render professional opinions regarding the verification of data shown in the permit application, the possible effects of the proposed use upon the surrounding properties, the general harmony with the essential character of the area, the aesthetic and design qualities of the proposed use, and such other factors or considerations as may be appropriate in considering the merits of the proposal. Any expenses associated with hiring such professionals shall be the responsibility of the applicant.
The Planning Board shall conduct a public hearing within 62 days from the date a special permit application is deemed complete. After having heard from the public during the public hearing, the Planning Board shall approve or disapprove the proposed special permit application as presented or modified, with or without conditions, within 90 days. This timeframe may be extended by mutual consent of the applicant and the Planning Board.
The approval of a special permit shall be limited to the use described and approved in such permit. Special permits shall be deemed to be indefinite authorization unless otherwise specified by resolution in the approval thereof. If all conditions and standards of the approval are not complied with throughout the duration of the special use permit, or if the approved use is discontinued for a period of one year, the special permit shall be deemed revoked.