Clifton Springs Village
City Zoning Code
City Zoning Code
PART 6
Review and Approval Procedures
§ 120-60.1 Applicability.
The provisions of this section apply to all the articles in this part (Part 6) unless otherwise stated.
§ 120-60.2 Application submittal.
Form of application. Applications required under this Zoning Law must be submitted in a form and in such numbers as required by the Village Clerk. The Village Clerk should develop checklists of application submittal requirements and make those checklists available to the public. Application forms and checklists of required submittal information are available in the Village Office.
Completeness and accuracy.
The Code Enforcement Officer shall indicate that an application is considered complete and ready for processing only if it is submitted in the required number and form, includes all required information, and is accompanied by the required filing fee.
A complete application declaration by the Code Enforcement Officer in no way shall be interpreted to include a determination of the adequacy or accuracy of application materials, but rather serves as an acknowledgement to the full submission of all initially required application materials. The Code Enforcement Officer may consult with the Planning Board, Village Board, or other agents of the Village in making such a determination.
If an application is determined to be incomplete, the Code Enforcement Officer 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 of the application. No further processing of the application will occur until the deficiencies are corrected. If the deficiencies are not corrected by the applicant within 62 days, the application will be considered withdrawn.
No further processing of incomplete 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.
The Code Enforcement Officer may require that applications or plans be revised before being placed on the agenda of a review or decisionmaking body if it is determined that:
The application or plan contains one or more significant inaccuracies or omissions that hinder timely or competent evaluation of the plan's/application's compliance with Zoning Law standards; or
The application contains multiple minor inaccuracies or omissions that hinder timely or competent evaluation of the plan's/application's compliance with Zoning Law standards.
Application sufficiency and acceptance. Applications deemed complete will be considered to be in the processing cycle and will be reviewed by the Code Enforcement Officer and other review and decisionmaking bodies in accordance with applicable review and approval procedures of this Zoning Law.
Application filing fees. Application filing fees are required for processing permit and applications to the Village Board, Planning Board, and Zoning Board of Appeals. The fees help offset the cost of providing public notice, personnel costs for plan/permit reviews and field inspections. Fees shall be determined and set by the Village Board. A fee schedule shall be kept on file at the Village Office. The payment of fees is not required with applications initiated by the Village Board. Application fees are nonrefundable.
Unresolved violations. Applications shall not be accepted for review that include a parcel(s) for which there is an outstanding, unresolved written violation from the Code Enforcement Officer that is not the subject of said application.
§ 120-60.3 Public hearing process.
Application processing cycles. The Village Clerk, after consulting with review and decisionmaking bodies, shall promulgate processing cycles for applications. Processing cycles may establish:
Public hearings.
Parties in interest and citizens must be given an opportunity to appear and be heard at required public hearings, subject to reasonable rules of procedure.
A public hearing for which proper notice was given may be continued to a later date without providing additional notice, as long as the continuance is set for a specified date and time and that date and time is announced at the time of the continuance.
If a public hearing is tabled, deferred or postponed for an indefinite period of time from the date of the originally scheduled public hearing, new public notice must be given before the rescheduled public hearing. If the applicant requests a postponement, the applicant must pay all costs of renotification.
Public hearing notices.
Newspaper notice. Whenever the provisions of this Zoning Law require that newspaper notice be provided, the notice must be published at least 10 days in advance of such hearing in a newspaper of general circulation within the Village.
Mailed notice.
Whenever the provisions of this Zoning Law require that notices be mailed, the notices must be sent by United States Postal Service first-class mail at least 10 days in advance of such hearing.
Addresses must be based on the latest property ownership information available from the real property assessment records. When required notices have been properly addressed and deposited in the United States mail, failure of a party to receive such notice will not be grounds to invalidate any action taken.
All owners of property within 500 feet of the nearest line of the property identified by the property for which the public hearing is required shall be notified via mailed notice.
Posted notice. When the provisions of this Zoning Law require that posted notice be provided, at least one notice sign must be posted on each public street frontage abutting the subject property in a location plainly visible to passersby at least 10 days in advance of such hearing.
Content of notice. All required public hearing notices must:
Indicate the date, time, and place of the public hearing or date of action that is the subject of the notice;
Describe any property involved in the application by street address or by general description;
Describe the general nature, scope, and purpose of the application or proposal; and
Indicate where additional information on the matter can be obtained.
Rehearings. A motion for the Zoning Board of Appeals to hold a rehearing to review any order, decision or determination of the Board not previously reheard may be made by any member of the Board. A unanimous vote of all members of the Board 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 Board may reverse, modify or annul its original order, decision or determination upon the unanimous vote of all members then present, provided the Board 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.
§ 120-60.4 Action by review bodies and decisionmaking bodies.
Review and decisionmaking bodies are authorized to defer action or continue a public hearing in order to receive additional information or further deliberate.
§ 120-60.5 Conditions of approval.
In issuing a decision, review boards are authorized by New York State Village Law to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposal in the application.
§ 120-60.6 Review and decisionmaking criteria; burden of proof or persuasion.
In all cases, the burden is on the applicant to show that an application complies with all applicable review or approval criteria. Applications must address relevant review and decisionmaking criteria.
§ 120-60.7 Building permit required.
All persons desiring to undertake any new construction, structural alteration or change to the use of a building or lot shall apply with the Code Enforcement Officer for a building permit. No building or structure shall be erected, added to or structurally altered until a permit has been issued by the Code Enforcement Officer. No such building permit or certificate of occupancy shall be issued for any building where said construction, addition, alteration or use thereof would be in violation of any provision of this chapter. All applications for such permits shall be in accordance with the requirements of this chapter and the local law providing for the enforcement of the New York State Uniform Fire Prevention and Building Code.
Application for a building permit. There shall be submitted with all applications for building permits five copies of the layout or plot plan, drawn to scale and showing the actual dimensions of the lot to be built upon, the exact size and location on the lot of the building and accessory buildings to be erected and such other information as may be necessary to determine and provide for the proper enforcement of this chapter. All applications shall be upon forms provided by the Code Enforcement Officer.
Public records. One copy of such layout or plot plan shall be returned when approved by the Code Enforcement Officer, together with such permit, to the applicant upon the payment of a fee as indicated in this article. The second copy, with a copy of each application with accompanying plan, shall become a public record after a permit is issued or denied.
Issuance of building permits. It shall be the duty of the Code Enforcement Officer to issue a building permit, provided that he or she is satisfied that the proposed structure, premises, and use thereof conform to all requirements of this chapter and that all other reviews and actions, if any, called for in this chapter have been complied with and all necessary approvals have been secured therefore.
Denial of permits. When the Code Enforcement Officer is not satisfied that the applicant's proposed development or use will meet the requirements of this chapter, he shall refuse to issue a building permit, and the applicant may appeal to the Zoning Board of Appeals for a reversal of the Code Enforcement Officer's decision.
§ 120-60.8 Certificates of occupancy.
General. No land shall be occupied or used and no building hereafter erected, altered or extended shall be used or changed in use until a certificate of occupancy shall have been issued by the Code Enforcement Officer stating that the building or proposed use thereof complies with the provisions of this chapter.
Change or extension of nonconforming use. No nonconforming use shall be changed or extended without a certificate of occupancy (certificate of existing use therefor) having first been issued by the Code Enforcement Officer.
Application mandatory. No permit for excavation for or the erection or alteration of any building shall be issued until an application has been made for a certificate of occupancy.
§ 120-60.9 Performance bonds.
Purpose. For the purpose of assuring compliance with proper installation of facilities, improvements and utilities and to protect future property owners, the Village requires a form of surety to be filed by the developer or owner that indicates the estimated costs of said projects.
The Village Planning Board will review the proposed surety with the Village Engineer, Code Enforcement Officer, Attorney and/or other appropriate officials to assure that the surety is sufficient to cover the full cost prior to commencement of any construction. When the Planning Board is satisfied with the form and value of the proposed surety and is in receipt of the surety documents, a written confirmation will be given to the developer and/or owner. The Village Board may also act on the above if appropriate.
Any form of surety shall run for a term to be fixed by the Planning Board, but in no case for a term longer than two years. The Planning Board may extend the time if it decides that it is warranted.
In the event that any of the required construction has not been installed or completed as approved and within the term of the surety agreement, the Board may thereupon declare said surety agreement to be in default and collect the sum remaining. Upon receipt of the proceeds, the Village shall make arrangements to install and/or finish the approved project but not exceeding in cost the amount of such proceeds.
All construction covered under the performance surety must be inspected during construction to assure conformity with the bond. Costs of the required inspections shall be borne by the developer or owner and will be included in the initial value of the surety. For inspections purposes, the contractor will notify the Village Zoning/Code Enforcement Officer when construction will be undertaken and/or completed. Reasonable notice, a minimum of 24 hours, is required.
The process for release of surety will be initiated when a request is made by the developer and/or owner for partial or total release and is submitted to the Village for approval. The request will be submitted by the Village to the Village Engineer, who shall compare the request with the inspection record. The Engineer's determination will be forwarded to the Planning Board with a recommendation for action. At that time, the Planning Board will decide whether to honor the request and will determine the dollar value of the release.
§ 120-60.10 Penalties for offenses.
Complaints of violations. Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the Code Enforcement Officer, who shall properly record such complaint and investigate.
Penalties. A violation of this chapter is hereby declared to be a criminal offense, punishable by a fine not exceeding $250 or imprisonment for a period not to exceed 15 days, or both, for conviction of each offense. Penalties may be compounding in the case of multiple offenses. Each week's continued violation shall constitute a separate additional violation.
Procedure for abatement of violations. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, maintained, or demolished or any building, structure or land is used in violation of this chapter or of any law or regulation made under authority conferred hereby, the governing body or, with its approval, the Code Enforcement Officer or other proper official, in addition to other remedies, may institute any appropriate action of proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation; to prevent the occupancy of said building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.
§ 120-61.1 Authority to file.
Amendments to the text or map of this Zoning Law may be initiated by the Village Board, Planning Board, and Zoning Board of Appeals, or by a petition requesting the amendment presented to the Village Board.
§ 120-61.2 Notice of hearing.
Notice of required public hearings on Zoning Law amendments must be provided via newspaper, mail, and posted notice per § 120-60.3C of this chapter.
§ 120-61.3 Review and report - Planning Board.
The Planning Board must review all proposed Zoning Law amendments and prepare a report that evaluates the proposed amendment in light of adopted plans, the relevant provisions of this Zoning Law and the review criteria of § 120-61.7.
§ 120-61.4 Referrals.
At least 10 days prior to the date of the public hearing, written notice of any text amendment, or map amendment, affecting property within 500 feet of the following shall be served personally or by mail by the Village upon each person or persons as listed below:
The boundary of a city, village or town; upon the clerk thereof;
The boundary of a county; upon the clerk of the board of supervisors or other person performing like duties;
The boundary of a state park or parkway; upon the regional state park commission having jurisdiction over such state park or parkway; and
The property of the housing authority erecting or owning a housing project authorized under the Public Housing Law; upon the executive director of such housing authority and the chief executive officer of the municipality providing financial assistance thereto. (See New York State Village Law § 7-706 for further information.)
§ 120-61.5 State environmental quality review.
For Zoning Law amendment applications subject to SEQR requirements, all required environmental reviews must be completed before final action is taken on the amendment.
§ 120-61.6 Hearing and final action by Village Board.
After receiving the report of the Planning Board, the Village Board must convene a public hearing on the proposed amendment.
Following the public hearing, the Village Board may act to approve the proposed amendment, approve the proposed amendment with modifications or deny the proposed amendment. The Village Board may also return the application to the Planning Board for further consideration, together with a written explanation of the reasons for doing so.
The Village Board may act by a simple majority vote, except when a valid protest petition has been submitted in accordance with § 120-61.8. In the case of a valid protest petition, approval or approval with modifications requires a three-fourths vote of the members of the Village Board.
The Village Clerk shall notify, by mail, the petitioner of the action taken by the Village Board.
If the Village Board approves the amendment, supplement, change or modification to the Zoning Law, the Zoning Code and Map, as applicable, shall be amended after publication as required by local law.
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.
§ 120-61.7 Review criteria.
In reviewing and making decisions on Zoning Law text amendments, the Code Enforcement Officer, Planning Board, and Village Board must consider the following criteria, as applicable:
Whether the proposed amendment corrects an error or inconsistency in the Zoning Law or meets the challenge of a changing condition;
Whether the proposed amendment is in substantial conformance with the adopted plans and policies of the municipality;
Whether the proposed amendment is in the best interests of the municipality as a whole;
Whether public facilities (infrastructure) and services will be adequate to serve development allowed by any requested rezoning;
Whether any rezoning will substantially harm the public health, safety or general welfare or the value of nearby properties;
Whether any rezoning is compatible with the zoning and use of adjacent property;
Whether the property in question is suitable for the uses and development to which it has been restricted under the existing zoning regulations; and
Whether the gain, if any, to the public health, safety and general welfare due to denial of the application outweighs that of the hardship imposed upon the landowner, if any, as a result of denial of the application.
§ 120-61.8 Protest petitions.
In the case of a protest against any amendment, such amendment shall not become effective except in accordance with the provisions of New York State Village Law.
§ 120-62.1 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.
§ 120-62.2 Applicability.
Site plan review shall be required in accordance with New York State Village Law. No construction or site improvement work may commence until site plan approval, where required by this chapter, has been granted. The Planning Board, at a regular meeting, shall review and approve, approve with modification or disapprove a site plan in connection with any matter requiring submission of a site plan.
Site plan review shall not be required for:
Construction of a single- or two-family dwelling on a single lot in an approved subdivision.
Permitted accessory structures to single- and two-family dwellings.
Ordinary repair or maintenance or interior alterations to existing structures or uses.
Exterior alterations or additions to single- and two-family dwellings.
Exterior alterations or additions to existing structures which would not increase the gross floor area by more than 20%.
Maintenance of existing sign structures or placement of signs in all districts.
Placement of a mobile home or manufactured home in an approved mobile home or manufactured home park.
§ 120-62.3 Application requirements.
Application. Application for a building permit for any land use or activity requiring site plan review and approval shall be made to the Code Enforcement Officer, who shall receive and review such application and refer it to the Planning Board for review. As a part of the review, the Building Official shall certify that the site plan meets all the minimum requirements of this chapter. If the site plan does not meet all minimum requirements of this chapter, the applicant may appeal to the Zoning Board of Appeals for a variance in accordance with the provisions of Article 65 of this chapter.
Application materials. All applications for site plan review shall be made by the owner or the owner's agent and filed with the Village Clerk. No application shall be accepted, considered or scheduled for public hearing until all required materials have been deemed to be complete and accurate. The application shall include, as applicable, the following information prepared by a licensed engineer, architect, landscape architect or surveyor:
Location name and address of owner, name of designer (if any) of the proposed development.
Identification map showing the location of the site within the Village.
Scale, North arrow, and date.
Present zoning district in which the site is located.
Location of the site in relation to all abutting properties and streets, and showing existing property lines, rights-of-way, and easements.
Existing and proposed buildings, structures and land uses.
A proposed layout of streets and other vehicular circulation facilities, including the location and width of driveways and type of curbing on site, loading and maneuvering areas, and ingress and egress to existing and prospective streets and highways.
Projected number of seating or employees, if needed, to determine the number of parking spaces.
Any wetlands and/or floodable area included in the one-hundred-year floodplain.
A topographic survey extending 50 feet beyond the property line may be required.
A storm drainage and grading plan showing the collection and disposal of stormwaters, or, if applicable, a stormwater pollution prevention plan.
A plan showing proposed utilities and, if required, easements. If a private sewerage system is used, plans for the system shall bear the stamped approval of the Ontario County Department of Health.
Existing major vegetation (trees and shrubs) and proposed landscaping treatment, including species, location, and planting size and full-growth size.
Drawings or sketches that illustrate the height, bulk, and design characteristics of the proposed building, and indicate major materials to be used.
Location and type of exterior lighting, and location and dimension of exterior signs, including ground and wall signs.
Any other information required by the Planning Board to explain the proposal.
Application form, project narrative form, and SEQR documentation.
Developer's clause:
On behalf of __________ (Developer-Applicant), we hereby certify and agree that the submitted plans meet all the requirements and specifications described in Article 62 (Site Plan Review), and any other applicable sections of the Village of Clifton Springs Code. Notwithstanding any notes, provisions or specifications in the plans, we agree on behalf of the Developer-Applicant that Village of Clifton Springs Code specifications shall take precedence over any such notes, provisions or specifications which may be inconsistent with and/or not in conformance with the Village of Clifton Springs Code specifications. We further agree that, in the event of any inconsistency or ambiguity between the notes, provisions or specifications on the final plans and the Village of Clifton Springs Code, in all cases the Village of Clifton Springs Code specifications shall be controlling with respect to the work, materials or other requirements. |
_____________________________________ |
Signature of Developer |
_____________________________________ |
Signature of Developer's Engineer or Design Professional |
Waiving requirements. The Planning Board may waive any of the previously listed requirements with the determination that they are unnecessary for a complete assessment of the project.
Additional requirements. The Planning Board may also require additional information beyond the previously listed requirement be presented in graphic form, and 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 project.
Fees. Upon filing an application for site plan review, all applicable fees shall be paid.
Environmental assessment. The environmental assessment shall be in accordance with the State Environmental Quality Review Act (SEQRA).
§ 120-62.4 Procedure.
Public hearing. Before a site plan is approved, the proposed site plan shall be considered by the Planning Board at a public hearing. Notice of said hearing shall be given via newspaper, mail, and posted notice as provided in § 120-60.3 of this chapter.
Decision. The Planning Board shall act upon a site plan application within 62 days of the receipt of a certified complete application, or within 62 days of public hearing if one is required. Upon issuing a decision, the Planning Board shall provide a written statement to the applicant stating whether or not the site plan is approved, approved with modifications, or disapproved. A copy of the appropriate minutes of the Planning Board shall be a sufficient report.
Approval. Upon approval, the Planning Board shall endorse its approval on a copy of the site plan and shall immediately file it and a written statement of approval with the Village Clerk. A copy of the written statement of approval shall be mailed to the applicant. All approvals shall be conditional upon final approval by the Building Inspector, as appropriate, of all construction designs and specifications.
Approval with modifications. The Planning Board may conditionally approve the final site plan. A copy of a written statement containing the modifications required by the conditional approval will be mailed to the applicant. After adequate demonstration to the Planning Board that all conditions have been met, the Planning Board shall endorse its approval on a copy of the site plan and shall immediately file it and a written statement of approval with the Village Clerk. A copy of the written statement of approval shall be mailed to the applicant. All approvals shall be conditional upon final approval by the Building Inspector, as appropriate, of all construction designs and specifications.
Disapproval. Upon disapproval of the site plan, the decision of the Planning Board shall immediately be filed with the Village Clerk and a copy thereof mailed to the applicant along with the specific written findings providing the basis for disapproval.
Performance standards. In all districts, uses are not permitted which violate applicable county, state and/or federal codes and regulations pertaining to environmental issues. The Planning Board, under its powers of site plan review and approval, shall decide whether uses meet these standards.
Relevant comments. In reviewing site plans, it shall be the responsibility of the Code Enforcement Officer to obtain comments or approvals, in writing, from any relevant Village department/division before a decision on approval is made.
Referral to county. Where required by § 239-m of the General Municipal Law, the site plan application shall be forwarded to the Ontario County Planning Board for its review.
Inspections. The Building Inspector or Code Enforcement Officer shall be responsible for the overall inspection of site improvements, including coordination with other officials and agencies, as appropriate.
Site plan termination. Site plan approval shall be valid for a period of five years from the date thereof for the purpose of obtaining building permits. Failure to secure, without subsequent revocation or termination, a building permit during this period, or revocation or termination of a building permit subsequent to this period, shall cause the site plan approval to become null and void. Upon application, the Planning Board may extend this period to not more than seven years from the date of final site plan approval. Nothing herein shall prohibit a new application for site plan approval following such termination in accordance with the requirements of this chapter.
§ 120-62.5 Site plan review criteria.
The Planning Board shall review the site plan and supporting data before approval, approval with modifications, or disapproval of such site plan, taking into consideration the following:
Adequacy and arrangement of vehicular traffic and circulation, including intersections, road widths, channelization structures and traffic controls.
Adequacy and arrangement of pedestrian traffic access and circulation, including separation of pedestrians from vehicular traffic, walkway structures, control of intersections with vehicular traffic and pedestrian convenience.
Relationship of proposed uses to existing adjacent uses, including but not limited to landscape transitions, buffering, and harmony of uses.
Adequacy of landscaping and site treatment, including but not limited to plant types and sizes, hardscape elements, lighting, setbacks, and protection of adjacent residential uses.
Relationship of proposed buildings to the site, including but not limited to building placement, access, pedestrian movement, parking, and building scale.
Appropriateness of building design, including but not limited to design quality and relationship to surrounding building scale, style, materials, and sight lines.
Location, arrangement, size, design and general site compatibility of lighting and signs.
Adequacy of interior circulation for emergency vehicle access.
Adequacy of water supply, stormwater, and sanitary waste disposal facilities.
Conformance with this chapter and the Village's Comprehensive Plan.
The Planning Board may require changes or additions in relation to yards, driveways, landscaping, buffer zones, etc., to ensure safety, to minimize traffic difficulties and to safeguard adjacent properties. Should the Planning Board require changes or additional facilities, final approval of the site plan shall be conditional upon satisfactory compliance by the applicant in making the changes or additions.
Any applicant wishing to make changes in an approved site plan shall submit a revised site plan to the Planning Board for review and approval.
The Planning Board reserves the right to utilize the professional services of an individual or firm to assist in its review of a site plan application. The applicant shall reimburse the Village for all reasonable and necessary expenses for engineering, legal, architectural, planning, and other professional services incurred by the Village in connection with the review and consideration of their site plan application for approval.
§ 120-62.6 Preapplication conference.
Applicants are encouraged to schedule a preapplication conference prior to submitting a site plan review application in order to receive a conceptual review by the Code Enforcement Officer and/or the Planning Board. The purpose of the preapplication conference is to provide the applicant with the opportunity to seek nonbinding, advisory direction from the Village in order to better prepare the applicant and project application for the site plan review process. Materials presented during the preapplication conference may be incomplete and/or conceptual in design; however, site plan review materials submitted as part of the formal application are still subject to the requirements of this article.
§ 120-63.1 Purpose.
This article regulates and limits the continued existence of uses, structures, lots, and all accessory uses and structures established prior to the effective date of this chapter that do not conform to the regulations set forth by this chapter in the applicable zoning districts in which such nonconformities are located. Such nonconforming uses, buildings, or lots are subject with the regulations set forth in this article for the purposes of the following:
To permit these nonconformities to continue, but to minimize any adverse effect on adjoining properties and development.
To regulate their maintenance and repair.
To restrict their rebuilding if substantially destroyed.
To require their permanent discontinuance if not operated for certain periods.
To require the conformity if they are discontinued, and to bring about the eventual compliance with the objectives of the Comprehensive Plan and this chapter.
§ 120-63.2 General provisions.
Determination of nonconforming status. The determination of any nonconforming use shall be made by the Code Enforcement Officer.
Repair and alteration. Normal maintenance and repair of, and incidental alteration to, a building occupied by a nonconforming use are permitted if they do not extend or expand the nonconforming use. No structural alteration or enlargement shall be made in a building occupied by a nonconforming use, except where required by law, i.e., court-ordered, or to adapt a building to a conforming use or to any other use permitted under Subsection C or in a building occupied by a nonconforming use permitted to extend under Subsection D.
Change of use. A nonconforming use may not be changed to a more intensive nonconforming use nor shall a conforming use be changed to a nonconforming use. Any nonconforming use when changed to a conforming use shall not thereafter be changed back to a nonconforming use. A nonconforming use, building, or structure shall not be enlarged except upon the issuance of a variance from the Zoning Board of Appeals.
Extension or enlargement of nonconforming use. Extension or enlargement shall mean:
The enlargement of such building so as to create additional floor space or an increase in height.
The extension within any existing building to any portion of the floor area not formerly used for such nonconforming use, except where such additional floor area was manifestly designed for such use at the time such use became nonconforming.
The extension of the use to any area outside of the building.
In the case of a nonconforming, nonbuilding land use, the use of any additional land on which no substantial operations were previously conducted, provided that any such extension or enlargement is on the same lot occupied by the nonconforming use on the effective date of this chapter.
Damage and destruction. If a building occupied by a nonconforming use is damaged to the extent of 50% or less than its assessed valuation, excluding the full value of the land, as determined by the Village Assessor, such building may be repaired, provided that substantial work is undertaken within one year after such damage; otherwise, such building shall thereafter be occupied only by a conforming use and structure. This provision shall not prevent the repair of a nonconforming building damaged to the extent of more than 50% of its assessed valuation, provided that substantial work is undertaken within one year after such damage; otherwise, such building shall thereafter be occupied only by a conforming use and structure.
Discontinuance or abandoning of use. A nonconforming use that has been discontinued for 12 consecutive months shall not be reestablished, and any future use shall be in conformance with the provisions of this chapter. Where multiple uses exist, partial abandonment shall take place for those specific uses that meet the aforementioned criteria. The following conditions, which are not exclusive, shall contribute towards the discontinuance and abandonment of a use or structure:
Failure to occupy the property to continue the nonconformity;
Failure to maintain regular business hours, typical or normal for the use (past operations of the use and/or industry standards may be used to determine typical hours);
Failure to maintain any equipment, supplies, stock, or utilities that would be used for the active operation of the use; or
Failure to maintain, or renew when expired, any valid federal, state, or local permit or license that is required for the active operation of the use.
Nonconforming parking and loading facilities. A building, use or occupancy lawfully existing at the time this chapter or any amendment thereto becomes effective, but which does not conform to the off-street parking and loading requirements, may be occupied or continued without such facilities being provided. Any such spaces that may be provided thereafter shall comply with the requirements of Article 51 of this chapter. If an existing building, use or occupancy is altered so that there is an increase in the number of dwelling units, seating capacity, employees or floor area, or if the use is changed to one requiring more off-street parking and loading spaces, the number of such spaces shall be provided at least equal to the number required for the increased area of the building or use in accordance with all provisions of Article 51 of this chapter.
Nonconforming lots. No parcel or lot, after the adoption of this chapter or amendment thereto, shall be used or divided in a manner which prevents or diminishes compliance with the requirements established by this chapter or amendments thereto. Lots subdivided prior to the adoption of this chapter or any amendment and not meeting the minimum lot size requirements may be built upon, provided that the bulk requirements for any use within the district are met except as provided in this chapter.
District changes. Whenever the boundaries of a district shall be changed so that more restrictive provisions hereof apply to a lot or use, the foregoing provisions shall also apply to any nonconforming use existing therein or created thereby.
Lots in more than one district. Where a zoning district boundary line divides a lot in single ownership at the effective date of this chapter, leaving part subject to more permissive regulations and part subject to more restrictive regulations, the Zoning Board of Appeals, after public hearing, may permit an extension of the use of that lot into the district where it is otherwise prohibited, provided that the extension does not extend more than 50 feet into that district. Furthermore, the Zoning Board of Appeals may impose conditions on that extension to protect a neighboring property.
§ 120-64.1 Applicability.
All uses and activities requiring a special use permit must be reviewed and approved in accordance with the procedures of this article.
A special use permit shall be required in accordance with the district use tables in Part 2 of this chapter.
The Planning Board shall hear and decide all applications for special use permits.
Specially permitted uses require site plan review unless otherwise stated in this chapter. Concurrent applications are permitted.
§ 120-64.2 Application filing.
The property or building owner, their agent, or lessee, purchaser or tenant with permission of the owner, may file special use permit applications. Complete applications for a special use permit approval must be filed with the Village Clerk.
§ 120-64.3 Action by Code Enforcement Officer.
Upon request of the Planning Board, the Code Enforcement Officer shall prepare a report that reviews the request for a special use permit, including, but not limited to, information regarding the compliance with this chapter, potential for adverse impact to the neighborhood, and proposed operation of said use.
§ 120-64.4 Referral to County Planning Agency.
Whenever required under §§ 239-l and 239-m of the General Municipal Law, special use permit applications must be forwarded to the county planning agency for review prior to the public hearing and final action by the municipality.
§ 120-64.5 Hearing and final action by Planning Board.
Within 62 days from the day a complete application is received for special permit approval, the Planning Board must convene a public hearing on the proposed application.
Notice of required public hearings on a special use application must be provided via newspaper, mail, and posted notice as required by § 120-60.3 and by state law.
Within 62 days following the close of the public hearing, the Planning Board shall act to approve the proposed special use permit, approve the proposed special permit with conditions or disapprove the proposed special use permit.
Special use permits may be conditioned upon periodic renewal.
§ 120-64.6 Review criteria.
In rendering a decision, the Planning Board shall consider and make findings that the proposed use:
Will be generally consistent with the goals of the Comprehensive Plan;
Meets any specific criteria set forth in this chapter;
Will be compatible with existing uses adjacent to and near the property;
Will be in harmony with the general purpose of this chapter;
Will not tend to depreciate the value of the property or any adjacent property;
Will not create a hazard to health, safety or the general welfare of the public;
Will not alter the essential character of the district nor be detrimental to the neighborhood residents; and
Will not otherwise be detrimental to the public convenience and welfare.
§ 120-64.7 Conditions on special use permits.
The Planning Board may impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed special use permit and as may be necessary to prevent or minimize adverse effects upon other property in the neighborhood, including limitations on the time period for which the permit is granted.
Such conditions shall be expressly set forth in the motion authorizing the special use permit.
§ 120-64.8 Renewal of special use permits with specific time periods.
Special use permits that have been issued for specific time periods are subject to review for compliance with all of the conditions imposed at the time of approval of the initial permit. Following a public hearing on the matter, the Planning Board may deny a renewal of a special use permit when any of the following apply:
The petitioner has failed to comply with one or more of the conditions of the prior approval;
Substantial new issues regarding the permit conditions during the operation of the use have arisen;
The general requirements of this chapter have not been met;
There are changes in the area or neighborhood that would be incompatible with the special use.
§ 120-64.9 Amendments to approved special use permits.
Amendments or revisions to an approved special use permit require review and approval in accordance with the special use permit procedures of this article.
§ 120-65.1 Applicability.
The Zoning Board of Appeals (ZBA) is empowered to authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest. The variance procedures may not be used to:
§ 120-65.2 Burden of proof.
The petitioner 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.
§ 120-65.3 Approval process.
Application. Applications for zoning variances may be initiated only by the owner of the subject property or by the owner's authorized agent. Complete applications for a zoning variance must be filed with the Village Clerk.
Public hearing. Once the application has been determined to be complete, the ZBA must hold at least one public hearing on a proposed zoning variance. Notice of said public hearing shall be provided as required by local and state law. (See § 120-60.3C for additional information on public hearing notices.)
Decisions.
The ZBA shall decide upon the variance request within 62 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 petitioner and the Board.
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 petitioner.
§ 120-65.4 Use variances.
A use variance authorizes the use of land for a purpose that is otherwise not allowed or prohibited by this chapter.
Criteria for use variance. No such use variance shall be granted by the ZBA without a showing by the applicant 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 particular district where the property is located, the following conditions exist:
The applicant cannot realize a reasonable return, provided that lack of return is substantial, as demonstrated by competent financial evidence;
The alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood;
The requested use variance, if granted, will not alter the essential character of the neighborhood; and
The alleged hardship has not been self-created.
Minimum relief necessary. 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.
§ 120-65.5 Area variances.
An area variance authorizes the use of land that is not allowed by the dimensional or physical requirements set forth in this chapter.
Criteria for area variance. 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:
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;
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
Whether the requested area variance is substantial;
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
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.
Minimum relief necessary. 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.
§ 120-65.6 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.
§ 120-65.7 Transferability.
Zoning variance approval runs with the land and is not affected by changes of tenancy, ownership, or management.
§ 120-65.8 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.
§ 120-66.1 Applicability.
The Zoning Board of Appeals (ZBA) is authorized to hear and decide appeals filed by any person aggrieved, or by an officer, department, board or bureau of the Village.
§ 120-66.2 Right to appeal.
Appeals of administrative decisions may be filed by any person aggrieved by the Code Enforcement Officer or other administrative official's decision or action. The ZBA is authorized to make determinations about whether individuals filing appeals are "aggrieved by the decision or action."
§ 120-66.3 Application filing.
§ 120-66.4 Effect of filing.
The filing of a complete appeal stays all proceedings in furtherance of the action appealed, unless the Code Enforcement Officer certifies to the ZBA, after the appeal is filed, that, because of facts stated in the certification, a stay would cause immediate peril to life or property.
§ 120-66.5 Record of decision.
Upon receipt of a complete application of appeal, the Code Enforcement Officer or other administrative official whose decision is being appealed must transmit to the ZBA all papers constituting the record upon which the action appealed is taken.
§ 120-66.6 Notice of hearing.
Notice of required public hearings on appeals must be provided via newspaper, mail, and posted notice as required by the Village Board and by state law. (See § 120-60.3C for additional information on public hearing notices.)
§ 120-66.7 Hearing and final decision.
The ZBA must hold a public hearing on the appeal.
The ZBA may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination appealed from and shall make such order, requirement, decision, interpretation or determination as, in its opinion, ought to have been made in the matter by the administrative official charged with the enforcement of such local law and to that end shall have all the powers of the administrative official from whose order, requirement, decision, interpretation or determination the appeal is taken.
In acting on the appeal the ZBA must grant to the official's decision a presumption of correctness, placing the burden of persuasion of error on the appellant.
The ZBA shall decide each appeal within 62 days of the public hearing.
§ 120-67.1 Village Board.
Establishment. For the purpose of promoting the health, safety, morals, or the general welfare of the community, the Village Board is hereby empowered under New York State Village Law to regulate and administer the provisions of this Zoning Law.
Powers and duties. The Village Board shall have all the powers and duties prescribed by the Village Law of New York State and this chapter. The Village Board shall be responsible for final action regarding the following:
§ 120-67.2 Planning Board.
Establishment. The Planning Board is established under the provisions of the Village Law of New York State and by this article.
Membership and appropriations.
The Planning Board shall consist of five members appointed by the Mayor subject to the approval of the Village Board of Trustees. The members of the Planning Board as now constituted shall continue in office until the expiration of their present terms. The terms of the appointees shall be five years, with new appointments made in April of each year.
Removal of members and vacancies on the Village Board shall be addressed as provided for in the New York State Village Law.
The Planning Board may employ clerks, experts, and a secretary as necessary, subject to appropriations made by the Village Board.
Board member training. Members of the board shall receive training each year to satisfy the requirements set forth in New York State Village Law.
Meetings.
The Planning Board shall adopt rules for the conduct of its business consistent with statute and this chapter.
The Chair of the Planning Board, or in the Chair's absence the Acting Chair, may administer oaths and compel the attendance of witnesses in the manner and to the extent permitted by New York State Village Law and the Civil Practice Law and Rules.
The Planning Board may seek recommendations from other boards, commissions, or agencies as it deems appropriate.
Hearings shall be public, and decisions shall be voted upon at public sessions. The Planning Board may otherwise hold executive sessions in accordance with the New York State Open Meeting Law.
Minutes. The Village Clerk shall keep minutes of all proceedings before the Planning Board.
Power and duties. The Planning Board shall have all the powers and duties prescribed by the Village Law of New York State and by this article.
Review authority. The Planning Board shall be responsible for reviewing and making recommendations regarding the following:
General authority. The Planning Board 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 Village Law.
§ 120-67.3 Zoning Board of Appeals.
Establishment. The Zoning Board of Appeals (ZBA) is established under the provisions of the Village Law of New York State and by this article.
Membership and appointments.
The ZBA shall consist of five members to be appointed by the Mayor subject to the approval of the Village Board of Trustees.
The members of the ZBA as now constituted shall continue in office until the expiration of their present terms. Each successor shall be appointed for the term of five years after the expiration of the terms of their predecessors in office. Vacancies shall be filled as provided for in the New York State Village Law.
The Village Board may appoint clerks or other employees serving at its pleasure to assist the ZBA.
Board member training. Members of the board shall receive training each year to satisfy the requirements set forth in New York State Village Law.
Meetings.
The ZBA shall adopt rules for the conduct of its business consistent with statute and this chapter.
The Chair of the ZBA, or in the Chair's absence the Acting Chair, may administer oaths and compel the attendance of witnesses in the manner and to the extent permitted by New York State Village Law and the Civil Practice Law and Rules.
The ZBA may seek recommendations from the Planning Board and other agencies as it deems appropriate.
Hearings shall be public, and decisions shall be voted upon at public sessions. The ZBA may otherwise hold executive sessions in accordance with the New York State Open Meeting Law.
Every decision of the Board shall be by resolution, each of which shall contain a full record of the findings of the Board in the particular case.
Minutes. The Village Clerk shall keep minutes of all proceedings before the ZBA.
Voting. The concurring vote of a majority of the members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Code Enforcement Officer, or to decide in favor of the appellant on any matter upon which it is required to pass under the terms of this chapter, or to affect any variation of this chapter, except in the case of rehearing as authorized by the New York State Village Law § 7-712-a, as amended.
Powers and duties. The ZBA shall have all the powers and duties prescribed by the Village Law of New York State, and by this article.
General authority. The ZBA 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.
§ 120-67.4 Code Enforcement Officer.
This chapter shall be administered by the Code Enforcement Officer. It shall be the duty of the Code Enforcement Officer to secure the enforcement of this chapter, subject to the rules, laws, regulations and local laws of the Board of Trustees and the Zoning Board of Appeals. The Code Enforcement Officer or his or her agent shall issue all permits or certificates required by this chapter, and no building permit or certificate of occupancy shall be granted by for any purpose except in compliance with the provisions of this chapter.