Churchville City Zoning Code
PART 3
Administration and Review Procedures
§ 250-151 Building Inspector/Code Enforcement Officer (CEO).
A.
This chapter shall be administered and enforced by the Building Inspector/Code Enforcement Officer (CEO) of the Village of Churchville, or as specifically designated herein.
B.
It shall be the duty of the CEO to secure the enforcement of this chapter, subject to the rules, laws, regulations and local laws of the Village of Churchville. Such duties include, but are not limited to:
(2)
Issuing all permits or certificates in conformance with this chapter;
(3)
Issuing a written notice of violation to any person, firm or corporation violating any provisions of this chapter;
(4)
Keeping all records of applications, permits or certificates issued or variances granted, inspections made, reports rendered and notices or orders issued;
(5)
Making all inspections as required by this chapter, the Village Board, and New York State Village Law; and
(6)
Performing all other duties as provided in this chapter, by the Village Board, or by New York State Village Law.
§ 250-152 Village Board.
[Amended 6-9-2025 by L.L. No. 1-2025]
A.
Establishment. The establishment of the Village of Churchville Board of Trustees is provided for in Part I of the Village Charter. Where noted in this chapter, the Village Board shall have full authority to administer and enforce this zoning law.
B.
Conduct. As administrators and enforcers of this chapter, the Village Board is hereby entitled to the following methods of conduct:
(1)
The Village Board may adopt rules for the conduct of its business consistent with statute and this chapter.
(2)
The Village Board may appoint clerks or other employees serving at its pleasure. The Village Board may also appoint clerks or other employees to serve at the pleasure of the Zoning Board of Appeals and Planning or ZBA.
(3)
The Village Board may seek recommendations from other boards, commissions, agencies, or professionals as it deems appropriate.
(4)
The Village Board shall hold public hearings as required by this chapter and decisions shall be voted upon at public sessions. The Village Board may otherwise hold executive sessions in accordance with the New York State Open Meetings Law.
C.
Minutes. The Village Clerk, or the Clerk's designee, shall keep minutes of all proceedings before the Village Board.
§ 250-153 (Reserved) [1]
[1]
Editor's Note: Former § 250-153, Planning Board, was repealed 6-9-2025 by L.L. No. 1-2025.
§ 250-154 Zoning Board of Appeals and Planning (ZBA).
[Amended 6-9-2025 by L.L. No. 1-2025]
A.
Establishment and continuance. Per § 7-712 of New York State Village Law, the Zoning Board of Appeals and Planning (ZBA) previously established under local law and still in existence at the time of this chapter's enactment shall hereby be continued.
B.
Membership, terms, and appointments.
(1)
The ZBA shall consist of five members appointed by the Village Board. One of such members shall be appointed as Chairperson by the Mayor and the Village Board, and if no appointment as Chairperson is made, then the Board itself may elect its own Chairperson until such time as a Chairperson is so appointed.
(2)
ZBA members must be residents of the Village. No current Trustee of the Village of Churchville may serve as a member of the ZBA.
(3)
The terms of the members of the ZBA shall be five years commencing April 1 of the year appointed, unless such appointment is to fill an unexpired term of a previous member.
(4)
The Village Board shall appoint a Secretary of the Board to serve at the pleasure of the ZBA.
(5)
The Village Board may appoint additional clerks or other employees serving at its pleasure to assist the ZBA.
C.
Vacancy. If a vacancy occurs other than by expiration of term, the Village Board shall appoint a new member for the unexpired term.
D.
Alternate members. Four positions of alternate Zoning Board of Appeals and Planning members are hereby created for purposes of substituting for members in the event that a Zoning Board of Appeals and Planning member is unable to serve because of a conflict of interest or for any other reason.
(1)
Such alternate ZBA members shall be appointed by resolution of the Village Board, for terms established by the Village Board.
(2)
The ZBA Chairperson may designate an alternate member to substitute for a ZBA member when such member is unable to participate due to a conflict of interest or is otherwise unavailable to participate on an application or matter before the ZBA, provided that the Village Board has appointed such alternate member to the position of alternate member.
(3)
When so designated, such alternate member shall have all the powers and responsibilities of such member of the Board. Such designation shall be entered into the minutes of the initial ZBA meeting at which the designation occurred.
(4)
All other provisions of law relating to ZBA member training, and continuing education, attendance, conflict of interest, compensation, eligibility, vacancy in office, removal and service on other boards shall also apply to alternate members.
E.
Member training.
(1)
During the first two years of appointment, all members of the ZBA must complete a minimum of at least 10 training hours of the Monroe County Land Use and Decision Making Program or equivalent seminars offered by a state, county or regional agency or association, or as otherwise scheduled by the Village Board.
(2)
In each year of service subsequent to the first two years of the appointment, all members of the ZBA are required to complete at least four additional training hours.
(3)
If training hours associated with a class, program or seminar are unknown at the time of approval for attendance at these training sessions, the Village Board will review the course schedule and apply training hours at its discretion.
F.
Compensation. Compensation in an amount to be determined according to the current fiscal year budget of the Village of Churchville shall be paid to all members. Compensation is subject to review by the Village Board annually as part of the Village budgeting process.
G.
Conduct.
(1)
The ZBA may adopt rules for the conduct of its business consistent with statute and this chapter.
(2)
All members are required to attend and take an active part in all scheduled meetings. If a member is unable to attend a meeting, the member must notify the Secretary of the Board so that an alternate member can be called upon to attend.
(3)
In the absence of a Chairperson, the ZBA may designate a member to serve as acting Chairperson.
(4)
The ZBA may seek recommendations from Village departments, the Zoning Board of Appeals and Planning, other boards, and other agencies, as it deems appropriate.
(5)
The ZBA shall hold public hearings as required by this chapter and decisions shall be voted upon at public sessions. The ZBA may otherwise hold executive sessions in accordance with the New York State Open Meetings Law.
H.
Minutes. The Secretary of the Board shall keep minutes of all proceedings before the ZBA and records of all decisions rendered.
I.
Removal. The Village Board shall have the power to remove, after public hearing, any member of the ZBA for cause. Cause for such removal shall include, but not be limited to:
(1)
Absence from three consecutive regular or special meetings other than for illness or valid personal reasons substantiated by documented evidence;
(2)
Absence from 50% of the regularly scheduled or special meetings within any twelve-month period other than for illness or valid personal reasons substantiated by documented evidence; or
(3)
Failure to obtain and comply with the training requirements as set forth in this chapter.
J.
Powers and duties.
(1)
Pursuant to this article and New York State Village Law, the Zoning Board of Appeals and Planning is hereby authorized and empowered with review and advisory authority for the following actions:
(2)
Pursuant to this article and New York State Village Law, the Zoning Board of Appeals and Planning is hereby authorized and empowered with final decision authority for the following actions:
(3)
The Zoning Board of Appeals and Planning may exercise additional powers as directed by the Village Board and as may be described elsewhere in this chapter and as permitted by New York State law.
§ 250-155 Inspections; order to remedy.
The CEO is empowered to cause any building, structure, or tract of land to be inspected and examined and to order in writing the remedying of any condition found to exist in violation of any provisions of this chapter. After any such order has been served, no work shall proceed on any building, structure, or tract of land covered by such order except to correct the violation or to comply with such order.
§ 250-156 Penalties for offenses.
A.
Penalties for offenses. Any person, firm, corporation, business, agent or others violating any provision of this chapter, or who or which shall violate or fail to comply with any order or regulation made thereunder, or who or which shall build in violation of any statement, specification or plan submitted thereunder, or who or which shall violate any certificate or permit issued thereunder, or who or which shall continue to work upon any structure, after service of a notice in writing from the CEO of the Village of Churchville to desist therefrom, shall, upon conviction thereof, be punishable as provided in Chapter 1, Article II, General Penalty, of the Code of the Village of Churchville.
B.
Notice of penalty. Service of the notice hereinbefore mentioned shall be sufficient if directed to such owner, agent of the owner or contractor, and left at his or its last known place of residence or place of business if within the Village of Churchville, and if no place of residence or place of business be so found, then the notice shall be served by posting the same in a conspicuous place on the premises which are the subject of the violation.
C.
Enforcement authority. Nothing in this chapter shall be construed as depriving or limiting the Village of Churchville or the Village Board thereof of any other available remedy, by injunction or otherwise, but said Village of Churchville and the Village Board thereof shall have such other remedies as are provided by law to restrain, correct or abate any violation of this chapter.
§ 250-159 Building permits.
A.
No person or persons shall commence to erect, construct, alter, or change the nature or the type of occupancy of any land, building, or structure within the Village of Churchville until the owner of the land upon which it is proposed to so erect, construct, alter, or change the nature or the type of occupancy of any such land, building, or structure has applied for and obtained a building permit for the same from the CEO.
B.
An application for a building permit shall be on forms supplied by the CEO and shall include, at a minimum:
C.
It shall be the duty of the CEO to issue a building permit upon certification of the following:
(2)
The building and proposed use thereof conform to the requirements of this chapter, the New York State Building Code, and all other applicable local, county, state, and federal laws and regulations;
(3)
All required application fees have been received by the Village; and
(4)
All expenses incurred by the Village of Churchville for consultation fees or other expense in connection with the review of an application have been reimbursed by the applicant to the Village.
D.
A building permit shall be valid for a period of one year from the date of issue.
§ 250-160 Demolition permits.
A.
A person shall not demolish an existing building or structure having a gross floor or base area of 250 square feet or more within the Village of Churchville without first obtaining a demolition permit from the CEO pursuant to this chapter.
B.
An application for a demolition permit shall be on forms supplied by the CEO, shall include an agreement to comply with this chapter and all other laws, ordinances, and regulations that may be applicable, and shall be signed by the owner.
C.
No demolition permit may be issued for property within the Central Business District without first obtaining site plan approval for a new development plan as provided for in Article XVIII of this chapter.
D.
A demolition permit shall be valid for a period of 30 days from the date of issue.
E.
In the event that a structure or series of structures is found to be structurally unsound and/or unsafe by the CEO, this section shall not preclude any immediate demolition or repair action determined to be necessary under such finding.
§ 250-161 Permit fee adjustments.
A.
In the event that work requiring a building or demolition permit was commenced before a permit therefor was issued pursuant to the provisions of this chapter, the fee for the issuance of such permit shall be double the fees set forth by the Village Board.
B.
One renewal of a building permit or a demolition permit for an additional period equal to the original period of such permit shall be issued by the CEO upon payment of a permit renewal fee of one-half the permit fee paid for the original permit.
§ 250-164 Application submittal.
[Amended 6-9-2025 by L.L. No. 1-2025]
A.
All applications must be submitted in accordance with this article and shall be in such number as noted on official Village application forms.
B.
All applications shall be submitted to the Village Clerk at least two weeks prior to the scheduled review board meeting at which the applicant wishes the application to be considered.
C.
Applications must be filed by the property or building owner, their agent, or lessee, purchaser or tenant, with legally binding and written permission of the owner.
D.
Application forms and checklists of required submittal information may be made available in the Village office.
E.
For the purposes of this chapter, the term "reviewing board" or "review board" shall refer to the Village board, body, or agent charged with review and/or approval authority as enacted under this chapter.
§ 250-165 Accepted applications.
A.
The Village Clerk or the Clerk's designee shall indicate that an application is considered accepted and ready for processing only if it is submitted in the required number and form, includes all required materials, and is accompanied by the required filing fee.
B.
The acceptance of an application by the Village Clerk or the Clerk's designee shall in no way be interpreted to include a determination of the completeness, adequacy, or accuracy of materials, but rather serve as an acknowledgement to the receipt of all initially required materials. The Village Clerk or the Clerk's designee may consult with other Village departments or divisions, officials, or review boards in making such a determination.
C.
If an application is determined to be unacceptable, the Village Clerk must provide paper or electronic written notice to the applicant along with an explanation of all known deficiencies in the application that will prevent competent review. No further processing of the application will occur until the deficiencies are corrected. If the deficiencies are not corrected by the applicant within 30 days, the application will be considered withdrawn.
D.
No processing of unacceptable applications will occur. Any incomplete applications will be pulled from the processing cycle. When the deficiencies are corrected, the application will be placed in the next available processing cycle.
E.
Prior to issuing a decision on an accepted application, the reviewing board shall make a formal determination by resolution that the application is complete.
§ 250-166 Public hearings and notices.
A.
Public hearings.
(1)
Public hearings shall be held by the reviewing board where required by this chapter and New York State Village Law. Such public hearings shall be convened within 45 days of the application acceptance date.
(2)
Where multiple applications may be under review for a single proposal, the reviewing board may conduct joint or concurrent public hearings, if desired.
B.
C.
Media notices. The Village Clerk shall give public notice of all public hearings by causing publication of a notice in the Village's official newspaper and on the Village's official website.
D.
Posted notices.
(1)
For all public hearings, a notice shall be posted in a location plainly visible within the Village Hall of Churchville.
(2)
Where a specific property is subject to a public hearing, at least one sign of public notice shall be posted on the property in a location that is plainly visible to passersby.
(3)
It shall be the responsibility of the applicant to obtain such sign of public notice from the Village and erect it in accordance with the time and place requirements defined herein.
F.
Public notice content. The content of a public notice shall be in conformance with New York State Village Law and include the following:
§ 250-167 Reviewing board action.
A.
The reviewing board shall render a decision within 45 days of the following, unless an extension thereto has been mutually agreed upon by the applicant and reviewing board:
B.
Upon review of an application, the reviewing board may issue a decision of approval, approval with conditions, or denial.
C.
Applications shall be reviewed based on all applicable criteria within this chapter as well as additional local, county, state, or federal laws and regulations.
D.
All decisions shall contain written findings explaining the rationale for the decision with respect to the standards contained in this chapter. The minutes of the reviewing board meeting(s) may satisfy this requirement.
E.
The decision and findings shall be filed with the Village Clerk and provided to the applicant within five days of the date of decision.
F.
In all cases, the burden is on the applicant to show that an application complies with all applicable review or approval criteria of this chapter.
§ 250-168 Referrals.
A.
Internal referral. The reviewing board may request additional information from any Village department, official, committee, or board to assist in the review of an application.
B.
Professional referral. The reviewing board may seek the opinion of any legal, engineer, design, or other professional to aid in the review of an application. Any such costs incurred as a result of seeking professional aid shall be reimbursed by the applicant.
C.
County referral.
(1)
Applications shall be referred to Monroe County in accordance with New York State General Municipal Law § 239-m. This shall include applications involving real property within 500 feet of:
(a)
The boundary of another municipality;
(b)
The boundary of any existing or proposed county or state park or other recreational area;
(c)
The boundary of any existing or proposed right-of-way of any county or state park, thruway, expressway, road, or highway;
(d)
The boundary of any existing or proposed right-of-way for a stream or drainage channel owned by the county or for which the county has established channel lines;
(e)
The boundary of any existing or proposed county- or state-owned land or land upon which a county or state building is located; or
(2)
No action shall be taken on applications referred to the Monroe County Planning Department until its recommendation has been received, or until 30 days have elapsed after the county's receipt of the application, unless the county and Village agree to an extension beyond the thirty-day requirement.
(3)
A majority plus one vote of the reviewing board, otherwise known as a "super majority," shall be required to grant any application approval that receives a recommendation of disapproval from the county. A resolution must also be filed setting forth the reasons for such contrary action.
(4)
Within 30 days of the date of decision by the reviewing board, the action taken shall be filed with the county.
§ 250-169 Expiration, revocation and enforcement.
A.
Expiration. The approval of an application shall expire if one of any of the following occur:
(1)
The applicant fails to obtain a necessary building permit(s) or certificate(s) of occupancy within one year of the approval date;
(2)
There is no substantial physical evidence of initiated construction within one year of the approval date and no written request for extension has been approved;
(3)
The applicant fails to complete construction within two years of the approval date and no written request for extension has been approved; or
(4)
Any specified time limit on an approval lapses without renewal.
B.
Extensions. The applicant may apply, in writing, to the reviewing board for an extension of such approval. The reviewing board may extend the effectiveness of such approval for not more than two periods of six months each if:
(1)
In the opinion of the board, the application is being diligently prosecuted by the applicant or there are extenuating circumstances beyond the control of the applicant preventing completion of the project;
(2)
There are no physical changes in the immediate vicinity of the property; and
(3)
There has been no change in the applicable zoning regulations or applicable state or county review regulations.
C.
Reapplication. Following expiration of an approval as provided above, reapplication and rehearing shall be required as in the case of a new application. The reviewing board may elect to accept the plans submitted and approved previously as sufficient for purposes of the reapplication if, in the opinion of the reviewing board, the prior application materials essentially satisfy the requirements of this chapter as they then exist.
D.
Revocation. The CEO may revoke approval if the applicant violates the conditions of the approval or engages in any construction or alteration not authorized by the approval.
E.
Enforcement. Any violation of the conditions of an approval shall be deemed a violation of this chapter and shall be subject to enforcement action as provided herein.
§ 250-172 Purpose and intent.
[Amended 6-9-2025 by L.L. No. 1-2025]
A.
The purpose of special use permit approval is to allow the proper integration into the community of uses which may be suitable only on certain conditions and at appropriate locations. Because of their unusual characteristics or the special characteristics of the area in which they are to be located, specially permitted uses require special consideration so that they may be properly located with respect to the objectives of this chapter and their effect on surrounding properties.
B.
Special uses are generally considered to be uses that have a higher potential for incompatibility with adjacent uses. By requiring the individual review of special use permit applications, the Zoning Board of Appeals and Planning helps to determine the level of compatibility of a use in its proposed location.
§ 250-173 Applicability.
[Amended 6-9-2025 by L.L. No. 1-2025]
A.
A special use permit application shall be submitted for any proposed use or activity requiring a special use permit under this chapter.
B.
The Zoning Board of Appeals and Planning shall hear and decide all applications for special use permits.
C.
Special use permits run with the land. Once granted, a special use permit is authorized with respect to the specified use and/or property rather than the applicant or property owner. Any change of use which results in a departure from operations and conditions authorized under the existing special use permit shall require the review and issuance of a new permit.
§ 250-174 Permit applications.
[Amended 6-9-2025 by L.L. No. 1-2025]
A.
Application submittal. Special use permit applications shall be submitted, processed, and reviewed in accordance with Article XVI of this chapter.
B.
Required application materials. The following shall be required of all special use permit applications:
(1)
A special use permit application form, including the name, address, and signature of the applicant, owner of record, and developer; and seal(s) of the engineer, architect, or landscape architect who prepared the site plan materials, if applicable.
(2)
Description or narrative of all proposed uses and structures, including but not limited to hours of operation, number of employees, maximum seating capacity, and proposed number of off-street vehicle and bicycle parking spaces.
(3)
A certified land survey showing the boundaries of the applicant's property under consideration in its current state plotted to scale with the North point, scale, and date clearly indicated, or other document deemed acceptable by the reviewing board.
(4)
A narrative report describing how the proposed use will satisfy the criteria set forth in the special use permit review criteria of this chapter, as well as any other applicable requirements relating to the specific use proposed.
(5)
A site plan indicating the following with regard to the property in question, where applicable:
(a)
The location of all properties, their ownership, uses thereon, subdivisions, streets, easements, and adjacent buildings within 300 feet of the property in question.
(b)
The location and use of all existing and proposed structures on the property in question, including all dimensions of height and floor area, exterior entrances, and anticipated future additions and alterations.
(c)
The location of all existing and proposed topography features, including, but not limited to, site grading, open spaces, woodlands, watercourses, steep slopes, wetlands, floodplains, and watersheds.
(d)
The location of existing and proposed landscaping, screening, walls, and fences, including information regarding the size and type of plants and building materials proposed.
(e)
The location of existing and proposed public and private streets, off-street parking areas, loading areas, driveways, sidewalks, ramps, curbs, and paths. Such plans shall include considerations for vehicular, pedestrian, and bicycle traffic circulation, parking, and access.
(f)
The location of existing and proposed utility systems, including sewage or septic, water supply, telephone, cable, electric, and stormwater drainage. Stormwater drainage systems shall include existing and proposed drain lines, culverts, catch basins, headwalls, endwalls, hydrants, manholes, and drainage swales.
(g)
The location, height, intensity, and bulb type (sodium, incandescent, etc.) of all external lighting fixtures. The direction of illumination and methods to eliminate glare onto adjoining properties must also be shown.
(h)
The location, height, size, material, and design of all existing and proposed signs.
(6)
Elevations at a scale of one-quarter inch equals one foot for all exterior facades of the proposed structure(s) and/or alterations to or expansions of existing facades, showing design features and indicating the type and color of materials to be used.
(7)
A detailed traffic study, upon request of the Zoning Board of Appeals and Planning, to include:
(a)
The projected number of motor vehicle trips to enter or leave the site, estimated for daily and peak-hour traffic levels;
(b)
The projected traffic flow pattern, including vehicular movements at all major intersections likely to be affected by the proposed use of the site; and
(c)
The impact of this traffic upon existing abutting public and private ways in relation to existing road capacities. Existing and proposed daily and peak-hour traffic levels and road capacity levels shall also be given.
(8)
An application for Village electric services as provided by the Village Clerk.
(9)
All SEQR documentation as required by New York State law.
(10)
The special use permit application fee, as established by the Village Board.
C.
Additional requirements. The Zoning Board of Appeals and Planning may request additional information beyond what is listed in this section and may ask that it be presented in graphic form accompanied by a written text, and/or prepared by a licensed professional if such additional materials are deemed necessary for a complete assessment of the special use.
D.
Waived requirements. The Zoning Board of Appeals and Planning may waive special use permit application requirements, as it deems appropriate. All waived requirements shall be noted in the Board's resolution determining the application to be complete.
§ 250-175 Coordination with site plan review.
[Amended 6-9-2025 by L.L. No. 1-2025]
A.
Where a special use proposal also requires site plan review, the application requirements of Article XVIII shall also apply. Duplicate application materials may be combined to satisfy submittal requirements.
B.
The applications may be considered concurrently; however, the Zoning Board of Appeals and Planning shall issue decisions for each action (special permit and site plan review) separately.
§ 250-176 Review criteria.
[Amended 6-9-2025 by L.L. No. 1-2025]
A.
In reaching a decision, the Zoning Board of Appeals and Planning shall consider and shall determine, either from its own knowledge and investigation or from testimony or other information submitted to it, written findings on whether or not the proposed use:
(1)
Will be generally consistent with the goals of the Village's Comprehensive Plan;
(2)
Will meet all relevant standards, guidelines, and requirements set forth in this chapter, including any applicable requirements of Article VIII, Additional Use Regulations;
(3)
Will be an economically viable use of the property and/or will not cause there to be any significant decrease in the future economic viability of the property;
(4)
Will be compatible with existing uses adjacent to and near the property;
(5)
Will provide adequate measures (such as landscaping and screening) to mitigate potential adverse impacts on surrounding property and preserve or enhance the traditional character of the Village;
(6)
Will not have an undue burden or effect on the orderly development and character of the neighborhood or upon the development and conduct of other lawful uses in the vicinity;
(7)
Will not be a nuisance to adjacent residents and property in terms of the production of obnoxious or objectionable noise, dust, glare, odor, refuse, fumes, vibrations, traffic, crowds, parking of automobiles, unsightliness, contamination or other similar conditions;
(8)
Will not cause undue harm to or destroy existing sensitive natural features on the site or in the surrounding area or cause adverse environmental impacts such as significant erosion and/or sedimentation, slope destruction, flooding or ponding of water, or degradation of water quality;
(9)
Will be in compliance with the Village's policy for electric service and use by a nonresidential electric customer;
(10)
Will not destroy or adversely impact significant historic and/or cultural resource sites; and
(11)
Will not otherwise be detrimental to the convenience and general health, safety, or welfare of the public.
B.
Failure to meet one or more of the above criteria may result in denial of an application.
§ 250-177 Public hearing required.
[Amended 6-9-2025 by L.L. No. 1-2025]
§ 250-178 Conditions or modifications.
[Amended 6-9-2025 by L.L. No. 1-2025]
A.
The Zoning Board of Appeals and Planning may impose conditions on or require modifications of the premises benefited by a special use permit as may be necessary to prevent or minimize adverse effects upon other property in the neighborhood.
B.
Such conditions may include limitations on the time for which the permit is granted.
C.
Any conditions included as part of approval shall be expressly set forth in the motion authorizing the special use permit and incorporated into the written decision.
§ 250-179 Uses authorized; expiration.
A special use permit shall authorize only one special use and shall expire if the special use ceases operation for more than six consecutive months for any reason.
§ 250-180 Amendments to approved permits.
Proposed amendments or revisions to an approved special use permit shall be subject to review and approval in accordance with this article. The issuance of a new, updated special use permit shall be required.
§ 250-183 Intent.
The intent of the site plan review process is to preserve and enhance the character of a neighborhood, achieve compatibility with adjacent development, mitigate potentially negative impacts on traffic, parking, drainage and similar environmental concerns, improve the overall visual and aesthetic quality of the Village, and increase the capability of the zoning code to adapt to a variety of unique circumstances.
§ 250-184 Applicability.
[Amended 6-9-2025 by L.L. No. 1-2025]
A.
Approval required. No building permit may be issued or site improvement work commence until site plan approval has been granted by the Zoning Board of Appeals and Planning.
B.
Site plan actions. Site plan review shall be required for the following actions:
C.
Exempt actions. The following actions are exempt from site plan review:
(1)
Construction of a single- or two-family dwelling on a single lot or exterior alterations or additions to single- or two-family dwellings.
(2)
Construction of permitted accessory structures to single- and two-family dwellings.
(3)
Ordinary repair or maintenance or interior alterations to existing structures or uses.
(4)
Maintenance or replacement of existing sign structures or placement of signs in all districts.
§ 250-185 Optional sketch plan conference.
[Amended 6-9-2025 by L.L. No. 1-2025]
A.
It is recommended that applicants schedule a sketch plan conference prior to submitting a formal application to discuss the nature of the proposed site plan and receive preliminary guidance on the application review and approval process. A sketch plan conference may be held at any regularly scheduled meeting of the Zoning Board of Appeals and Planning.
B.
The purpose of the sketch plan conference is to provide the applicant with the opportunity to inform the Zoning Board of Appeals and Planning of the proposal and seek nonbinding, advisory direction from the Village. A sketch plan conference provides the Zoning Board of Appeals and Planning with an opportunity to review the basic site design concept, to advise the applicant as to potential problems and concerns, and to generally determine the information to be required on the site plan.
C.
In order to accomplish these objectives, the applicant shall provide all relevant sketch plan materials at least two weeks prior to the date of the regular meeting of the Zoning Board of Appeals and Planning at which the sketch plan is to be discussed.
D.
All discussion and comment with respect to a sketch plan shall not be construed as a formal decision by the Village or be legally binding in any way.
E.
Materials presented during the sketch plan conference may be incomplete and/or conceptual in design. In order for such sketch plan to be considered for review and approval, a formal site plan application will still be required in accordance with this chapter.
F.
The Zoning Board of Appeals and Planning, upon review of the sketch plan, and with the concurrence of the CEO and/or Village Engineer, may waive requirements for application materials for developments for which, due to character, size, location or other special circumstances, such information is not anticipated to be necessary for a proper review of the site plan. This shall not preclude the ability of the Zoning Board of Appeals and Planning to request such waived information if found to be pertinent in the future review of the formal site plan application.
§ 250-186 Application for site plan review.
[Amended 6-9-2025 by L.L. No. 1-2025]
A.
Application submittal. Site plan review applications shall be submitted, processed, and reviewed in accordance with Article XVI of this chapter.
B.
Required application materials. An application for site plan review shall include the following materials, as applicable. A licensed professional engineer or registered land surveyor shall prepare all site plan materials unless otherwise approved by the Zoning Board of Appeals and Planning.
(1)
Site plan review application form, including the name, address, and signature of the applicant, owner of record, and developer, and seal(s) of the engineer, architect, or landscape architect who prepared the site plan materials.
(2)
Description or narrative of all proposed uses and structures, including but not limited to hours of operation, number of employees, maximum seating capacity, and proposed number of off-street vehicle and bicycle parking spaces.
(3)
A site plan drawn at a scale of one inch equals 40 feet or such other scale as the Zoning Board of Appeals and Planning may deem appropriate, on standard 24-inch by 36-inch sheets, with continuation on 8-1/2-inch by 11-inch sheets as necessary for written information.
(4)
A certified land survey showing the boundaries of the applicant's property under consideration in its current state plotted to scale with the North point, scale, and date clearly indicated, or other document deemed acceptable by the reviewing board.
(5)
Plans indicating the following with regard to the property in question, where applicable:
(a)
The location of all properties, their ownership, uses thereon, subdivisions, streets, easements, and adjacent buildings within 300 feet of the property in question.
(b)
The location and use of all existing and proposed structures on the property in question, including all dimensions of height and floor area, exterior entrances, and anticipated future additions and alterations.
(c)
The location of all existing and proposed topography features, including, but not limited to, site grading, open spaces, woodlands, watercourses, steep slopes, wetlands, floodplains, and watersheds.
(d)
The location of existing and proposed landscaping, screening, walls, and fences, including information regarding the size and type of plants and building materials proposed.
(e)
The location of existing and proposed public and private streets, off-street parking areas, loading areas, driveways, sidewalks, ramps, curbs, and paths. Such plans shall include considerations for vehicular, pedestrian, and bicycle traffic circulation, parking, and access.
(f)
The location of existing and proposed utility systems, including sewage or septic, water supply, telephone, cable, electric, and stormwater drainage. Stormwater drainage systems shall include existing and proposed drain lines, culverts, catch basins, headwalls, endwalls, hydrants, manholes, and drainage swales.
(g)
The location, height, intensity, and bulb type (sodium, incandescent, etc.) of all external lighting fixtures. The direction of illumination and methods to eliminate glare onto adjoining properties must also be shown.
(h)
The location, height, size, material, and design of all existing and proposed signs.
(6)
A detailed traffic study, upon request of the Zoning Board of Appeals and Planning, to include:
(a)
The projected number of motor vehicle trips to enter or leave the site, estimated for daily and peak-hour traffic levels.
(b)
The projected traffic flow pattern, including vehicular movements at all major intersections likely to be affected by the proposed use of the site.
(c)
The impact of this traffic upon existing abutting public and private ways in relation to existing road capacities. Existing and proposed daily and peak-hour traffic levels and road capacity levels shall also be given.
(7)
Elevations at a scale of one-quarter inch equals one foot for all exterior facades of the proposed structure(s) and/or alterations to or expansions of existing facades, showing design features and indicating the type and color of materials to be used.
(8)
Soil logs, test well, percolation test results, stormwater runoff calculations, and tree surveys, upon Zoning Board of Appeals and Planning request.
(9)
Plans for disposal of construction and demolition waste, either on-site or at an approved disposal facility.
(10)
Plans to prevent the pollution of surface water or groundwater, erosion of soil both during and after construction, excessive runoff, excessive raising or lowering of the water table, and flooding of other properties, as applicable.
(11)
A schedule for completion of each construction phase for buildings, parking, and landscaped areas.
(12)
Identification of any state or county permits required for the project and record of application for and approval status of such permits.
(13)
An application for Village electric services as provided by the Village Clerk.
(14)
All New York State SEQR documentation as required by law.
(15)
The site plan application fee, as established by the Village Board.
C.
Additional requirements. The Zoning Board of Appeals and Planning may request additional information beyond what is listed in this section and may ask that it be presented in graphic form accompanied by a written text if such additional materials are deemed necessary for a complete assessment of the site plan.
D.
Waived requirements. The Zoning Board of Appeals and Planning may waive site plan application requirements, as it deems appropriate. All waived requirements shall be noted in the Board's resolution determining the application to be complete.
§ 250-187 Concurrent reviews.
[Amended 6-9-2025 by L.L. No. 1-2025]
A.
Where a special use permit is also required as part of a proposed site plan, the application requirements of Article XVII shall also apply. Duplicate application materials may be combined to satisfy submittal requirements.
B.
The applications may be considered concurrently; however, the Zoning Board of Appeals and Planning shall issue decisions for each action (special permit and site plan review) separately.
C.
A subdivision application may be submitted in conjunction with a site plan application and processed concurrently. All subdivision applications related to a site plan must comply with and be reviewed in accordance with Chapter 205, Subdivision of Land, of the Village of Churchville Code. Where the requirements of Chapter 205 may conflict with this chapter, the standards and procedures of this chapter shall take precedence.
§ 250-188 Review criteria.
[Amended 6-9-2025 by L.L. No. 1-2025]
A.
The Zoning Board of Appeals and Planning shall review the site plan and supporting data, taking into consideration the:
(1)
Adequacy and arrangement of vehicular traffic and circulation, including intersections, road widths, channelization structures and traffic controls.
(2)
Adequacy and arrangement of pedestrian and bicyclist access and circulation, including separation from vehicular traffic where appropriate and connection both internally and externally to the site.
(3)
Relationship of proposed uses to existing adjacent uses, including but not limited to landscape transitions, buffering, and harmony of uses.
(4)
Adequacy of landscaping and site treatment, including but not limited to plant types and sizes, hardscape elements, lighting, setbacks, protection of adjacent residential uses.
(5)
Relationship of proposed buildings to the site, including but not limited to building placement, access, pedestrian movement, parking, and building scale.
(6)
Appropriateness of building design, including but not limited to design quality and relationship to surrounding building scale, style, materials, and sightlines.
(7)
Location, arrangement, size, design and general site compatibility of lighting and signs.
(8)
Adequacy of interior circulation for emergency vehicle access.
(9)
Adequacy of water supply, stormwater, and sanitary waste disposal facilities.
(10)
Compliance with the Village's policy for electric service and use by a nonresidential electric customer.
(11)
Conformance with the standards, guidelines, and regulations of this chapter.
(12)
Consistency with the goals of the Village's Comprehensive Plan.
B.
Failure to adequately address one or more of the above criteria to the satisfaction of the Zoning Board of Appeals and Planning may result in the denial of a site plan application.
§ 250-189 Public hearing optional.
[Amended 6-9-2025 by L.L. No. 1-2025]
A.
A public hearing may be held at the option of the Zoning Board of Appeals and Planning.
B.
If a public hearing is deemed to be necessary by the Zoning Board of Appeals and Planning, notice of the public hearing shall be provided by mail to all owners of real property immediately adjacent to or across from the property in question.
§ 250-190 Conditions or modifications.
[Amended 6-9-2025 by L.L. No. 1-2025]
A.
The Zoning Board of Appeals and Planning may impose conditions on or require modifications of the site plan premises as necessary to satisfy the application review criteria to the greatest extent practicable.
B.
Any conditions included as part of approval shall be expressly set forth in the motion approving the site plan and incorporated into the written decision.
§ 250-191 Amendments to approved plans.
Proposed amendments or revisions to an approved site plan shall be subject to review and approval in accordance with this article. The issuance of a new, updated site plan shall be required.
§ 250-192 Performance guaranty.
[Amended 6-9-2025 by L.L. No. 1-2025]
No certificate of occupancy shall be issued until all improvements shown on the site plan are installed or a sufficient performance guaranty has been posted for improvements not yet completed. The sufficiency of such performance guaranty shall be determined by the Zoning Board of Appeals and Planning, after consultation with the CEO, Village Attorney, Village Engineer or other appropriate parties.
§ 250-193 Inspection of improvements and development.
The CEO shall be responsible for the overall inspection of site improvements, including coordination with the Village Engineer and other officials and agencies, as appropriate.
§ 250-196 Authority to file.
§ 250-197 Public hearing required.
§ 250-198 Review and report by Zoning Board of Appeals and Planning.
[Amended 6-9-2025 by L.L. No. 1-2025]
The Zoning Board of Appeals and Planning must review all proposed zoning text and map amendments and prepare a report of recommendation for the Village Board that evaluates the proposed amendment in light of adopted plans, the relevant provisions of this zoning law, and the review criteria of this article.
§ 250-199 Referrals.
A.
In accordance with § 239-m of the New York State General Municipal Law, zoning text and map amendments must be forwarded to the Monroe County Planning Department for review prior to the public hearing and final action by the Village Board.
B.
If any proposed amendment consists of a change in the district classification applying to real property within 500 feet of a municipal boundary, the Village Clerk shall serve notice of the proposed amendment to the Clerk of the affected municipality, prior to the public hearing and final action.
§ 250-200 State environmental quality review.
For zoning text and map amendment applications subject to SEQR requirements, all required environmental reviews must be completed before final action is taken on the amendment.
§ 250-201 Hearing and final action by Village Board.
[Amended 6-9-2025 by L.L. No. 1-2025]
A.
After receiving the Zoning Board of Appeals and Planning's report, the Village Board must convene a public hearing on the proposed text and/or map amendment.
B.
Following the public hearing, the Village Board may act to approve, approve with modifications, or deny the amendment. The Village Board may also return the application to the Zoning Board of Appeals and Planning for further consideration.
C.
The Village Board may act by a simple majority vote, except when a valid protest petition has been submitted in accordance with this article and New York State General Municipal Law.
D.
If the Village Board approves the amendment, supplement, change, or modification to the text of this chapter or Official Zoning Map, the text and/or map shall be amended after filing and publication as required by New York State General Municipal Law.
E.
The Village Board may, in order to protect the public health, safety, welfare and environmental quality of the community, attach to its resolution approving the petition, additional conditions deemed necessary to achieve the review criteria.
F.
The Village Clerk shall notify the petitioner by mail of the action taken by the Village Board.
§ 250-202 Review criteria.
In reviewing and making decisions on zoning amendments, the Village Board must consider at least the following criteria:
A.
Whether the proposed zoning amendment corrects an error or inconsistency in the zoning law or meets the challenge of a changing condition;
B.
Whether the proposed amendment is in substantial conformance with the adopted plans and policies of the Village;
C.
Whether the proposed zoning amendment is in the best interests of the municipality as a whole;
D.
Whether public facilities (infrastructure) and services will be adequate to serve development allowed by the requested rezoning, if applicable;
E.
Whether the rezoning will substantially harm the public health, safety, or general welfare or the value of nearby properties, if applicable;
F.
Whether the rezoning is compatible with the zoning and use of nearby properties, if applicable;
G.
The suitability of the subject property for the uses and development to which it has been restricted under the existing zoning regulations, if applicable; and
H.
The gain, if any, to the public health, safety and general welfare due to denial of the application, as compared to the hardship imposed upon the landowner, if any, as a result of denial of the application.
§ 250-203 Protest petitions.
A.
A formal protest petition opposing a zoning text and/or map amendment must be submitted to the Village Board or placed on the public record before the Village Board's vote, allowing sufficient time for the municipality to determine the validity of the petition. (Consult New York State General Municipal Law for more information on protest petitions.)
B.
A protest petition will be considered "valid" if it is signed by:
(1)
The owners of 20% or more of the area of land included in such proposed change;
(2)
The owners of 20% or more of the area of land immediately adjacent to that land included in such proposed amendment, extending 100 feet therefrom; or
(3)
The owners of 20% or more of the area of land directly opposite thereto, extending 100 feet from the street frontage of such opposite land.
C.
When a valid protest petition has been submitted, approval of a zoning amendment requires a super majority or majority plus one vote of the Village Board.
§ 250-204 Petition for amendment.
A petition requesting a change in regulations or other provisions of this chapter shall be written, signed, and acknowledged by the person presenting it and shall be filed in accordance with New York State Village Law.
§ 250-205 Variances.
A.
Applicability. The ZBA shall have the power, on appeal from the decision or determination of any administrative official charged with enforcement of this chapter, to reverse or affirm, wholly or partly, or modify an order, requirement, decision, interpretation, or determination by the granting of either use variances or area variances as authorized by New York State Village Law. The variance procedures may not be used to:
B.
Burden of proof. The applicant seeking the variance shall have the burden of presenting sufficient evidence to allow the ZBA to reach a conclusion as set forth below as well as the burden of persuasion on those items.
C.
Approval process.
(1)
Applications for zoning variances may be initiated only by the owner of the subject property or by the owner's authorized agent. Applications for a zoning variance must be submitted in accordance with Article XVI of this chapter.
(2)
A public hearing shall be held by the ZBA prior to issuing a decision on any variance. Notice of the public hearing shall be made via media, posting, and mail as provided for in § 250-166 and by New York State Village Law.
(3)
Decisions.
(a)
The ZBA shall decide upon the appeal within 45 days after the closing of the public hearing. The time within which the ZBA may render its decision may be extended by mutual consent of the applicant and ZBA.
(b)
The ZBA may reverse, modify or affirm, in whole or in part, any such appealed order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as in its opinion ought to be made in strictly applying and interpreting the provisions of this chapter, and for such purposes shall have all the powers of the officer from whom the appeal is taken.
(c)
The decision of the ZBA shall be filed with the Village Clerk within five business days after the decision is rendered, and a copy mailed to the applicant.
D.
Use variances.
(1)
A use variance authorizes the use of land for a purpose that is otherwise not allowed or is prohibited by this chapter. A finding of unnecessary hardship is required to properly grant a use variance.
(2)
The ZBA shall not grant a use variance without the applicant having shown that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, per New York State Village Law, the applicant shall demonstrate to the ZBA that for each and every permitted use under the zoning regulations for the district where the property is located the following conditions exist:
(a)
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;
(b)
The alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood;
(c)
The requested use variance, if granted, will not alter the essential character of the neighborhood; and
(d)
The alleged hardship has not been self-created.
(3)
The ZBA, 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.
E.
Area variances.
(1)
An area variance authorizes the use of land that is not allowed by the dimensional or physical requirements set forth in this chapter. An area variance is one that does not involve a use that is otherwise prohibited by this chapter. A finding of practical difficulty is required to properly grant an area variance.
(2)
In making its determination, the ZBA 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 the following as required by New York State Village Law:
(a)
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;
(b)
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
(c)
Whether the requested area variance is substantial in relation to the requirement;
(d)
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
(e)
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.
(3)
The ZBA, 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.
F.
Imposition of conditions. The ZBA 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 Village Code and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
G.
Transferability. Zoning variance approval runs with the land and is not affected by changes of tenancy, ownership, or management.
H.
Amendments. A request for changes in conditions of approval of a zoning variance must be processed as a new variance application, including the requirements for fees, notices, and hearings.
§ 250-206 Appeals.
A.
Applicability. The ZBA is authorized to hear and decide appeals where it is alleged there has been an error in interpretation of any zoning code provisions or in any order, requirement, decision, or determination made by the CEO or other administrative official under the Village Code.
B.
Right to appeal. Appeals may be filed by any person aggrieved by an administrative decision of the CEO or other agent duly designated to the administration and enforcement of this chapter. The ZBA is authorized to make determinations about whether individuals filing appeals are "aggrieved by the decision or action."
C.
D.
Stay upon appeal. An appeal shall stay all proceedings in furtherance of the appealed action, unless the CEO certifies to the ZBA that a stay would, in his or her opinion, cause imminent peril to life or property. In such case, the proceedings shall not be stayed otherwise than by a restraining order granted by the ZBA or by a court of record on application to the CEO.
E.
Record of decision. Upon acceptance of an appeal application, the Village Clerk must transmit to the ZBA all papers constituting the record upon which the action appealed is taken.
F.
Referrals and SEQR. All appeals shall complete the municipal referral procedure and SEQR documentation as required by New York State Village Law.
G.
Public hearing required.
(1)
A public hearing shall be held by the ZBA prior to issuing a decision on any appeal. Notice of the public hearing shall be made via media, posting, and mail as provided for in § 250-166 and by New York State Village Law.
(2)
A motion for the ZBA to hold a rehearing to review any order, decision or determination not previously reheard may be made by any member of the ZBA. A unanimous vote of all members of the ZBA 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 ZBA may reverse, modify or annul its original order, decision or determination upon the unanimous vote of all members then present, provided the ZBA 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.
H.
Issuance of decision.
(1)
The ZBA must take action on the appeal within 45 days of the close of the public hearing.
(2)
For the purposes of review and issuance of decision, the ZBA shall have all the powers of the Village official or agent from whom the appeal is taken. The ZBA may reverse the appeal or affirm the appeal, in whole or in part, or modify the decision being appealed.
(3)
In acting on the appeal, the ZBA must grant to the decision or action a presumption of correctness, placing the burden of persuasion of error on the appellant.
I.
Article 78 proceeding.
(1)
Any person or persons jointly or severally aggrieved by any decision of the ZBA or other such review board charged with the administration and enforcement of this chapter may apply to the New York State Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules.
(2)
Such proceeding shall be instituted within 30 days after the filing of the review board's decision in the office of the Village Clerk.
(3)
Costs shall not be charged to the Village unless it shall appear to the Court that the Village acted in gross negligence or in bad faith or with malice in making its decision.
§ 250-207 Applicability.
The regulations of this article shall apply to all nonconforming uses and structures within the Village of Churchville.
§ 250-208 Continuation.
Any legal nonconforming use or structure existing at the time of the passage of this chapter may be continued, except as hereinafter provided.
§ 250-209 Change in use.
A nonconforming use may be changed to a permitted use or more restricted use. Once changed to a conforming use or to a more restricted use, such use thereafter shall not revert to a nonconforming use or less restricted use.
§ 250-210 Discontinuance and abandonment.
A.
In any district, whenever a nonconforming use of land, premises, building or structure or any part or portion thereof has been discontinued for a period of one year, such nonconforming use shall not thereafter be reestablished, and all future uses shall be in conformity with the provisions of this chapter.
B.
Such discontinuance of the active and continuous operation of such nonconforming use or part or portion thereof for such period of one year is hereby construed and considered to be an abandonment of such nonconforming use, regardless of any reservations of an intent not to abandon the same or an intent to resume active operations.
C.
If actual abandonment in fact is evidenced by the removal of buildings, structures, machinery, equipment and other evidences of such nonconforming use of the land and premises, the abandonment shall be construed and considered to be completed within a period of less than one year, and all rights to reestablish or continue such nonconforming use shall thereupon terminate.
§ 250-211 Restoration.
A.
Nothing in this article shall prevent the restoration of a structure or part thereof destroyed by fire, explosion, act of God or act of public enemy, or shall prevent the continuance of such use as it existed at the time of the destruction of such structure or part thereof, provided such restoration is commenced within one year after the destruction or loss and is completed within two years of the date of destruction or loss.
B.
In such restoration, no element of nonconformity (e.g., floor area, setback, height, etc.) shall be increased from the conditions of the original nonconforming structure.
C.
Any effort to restore, repair, or rebuild a nonconforming structure made after this one-year period shall be required to bring such structure or part thereof into conformance with the provisions of this chapter.
§ 250-212 Repair or alteration.
Nothing herein shall be deemed to prevent keeping in good repair a nonconforming structure or restoration to a safe condition of any structure declared unsafe by the CEO.
§ 250-213 New York State Multiple Residence Law.
Nothing herein shall be construed so as to prevent the compliance of an existing multifamily dwelling with the New York State Multiple Residence Law.