Endicott, NY Zoning Ordinance

An application will be 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.

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 If the deficiencies are not corrected by the applicant within 60 days, the application will be considered withdrawn.

No further processing of incomplete applications will occur, and 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 the Code Enforcement Officer determines 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 Ordinance 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 Ordinance 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 Ordinance.

Application filing fees. Application filing fees are required for processing permit and applications to the governing boards, Planning Boards, and Boards of Appeals. The fees help offset the cost of providing public notice, personnel costs for plan/permit reviews and field inspections. Fees are not required with applications initiated by the governing body. Application fees are nonrefundable.

§ 300-60.3 Public hearing process.

Application processing cycles. The Code Enforcement Officer or Planning Department as applicable, after consulting with review and decisionmaking bodies, shall promulgate processing cycles for applications. Processing cycles may establish:

Deadlines for receipt of complete applications;

Dates of regular meetings;

The scheduling of agency and staff reviews and reports; and

Time frames for review and decisionmaking.

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 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 Ordinance require that newspaper notice be provided, the notice must be published in a newspaper of general circulation within the municipality.

Mailed notice.

Whenever the provisions of this Zoning Ordinance require that notices be mailed, the notices must be sent by United States Postal Service first class mail.

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.

Posted notice. When the provisions of this Zoning Ordinance 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.

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.

§ 300-60.4 Action by review bodies and decisionmaking bodies.

Review and decisionmaking bodies may take any action that is consistent with:

The regulations of this Zoning Ordinance;

Any rules or bylaws that apply to the review or decisionmaking body; and

The notice that was given.

Review and decisionmaking bodies are authorized to defer action or continue a public hearing in order to receive additional information or further deliberate.

§ 300-60.5 Conditions of approval.

When decisionmaking bodies approve applications with conditions, the conditions must relate to a situation created or aggravated by the proposed use or development and must be roughly proportional to the impacts of the use or development.

§ 300-60.6 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.

§ 300-61.1 Authority to file.

Amendments to the text of this Zoning Ordinance may be initiated only by the governing body or by a petition requesting the amendment presented to the governing body.

§ 300-61.2 Notice of hearing.

Notice of required public hearings on Zoning Ordinance text amendments must be provided as required by the governing body and by state law. (See § 300-60.3C for additional information on public hearing notices.)

§ 300-61.3 Planning Board review and report.

The Planning Board must review all proposed Zoning Ordinance text amendments and prepare a report that evaluates the proposed amendment in light of adopted plans, the relevant provisions of this Zoning Ordinance and the review criteria of § 300-61.7.

§ 300-61.4 Referrals.

Whenever required under §§ 239-l and 239-m of the General Municipal Law, Zoning Ordinance text amendments must be forwarded to the County Planning Department for review prior to final action by the governing body.

If any proposed amendment consists of a change in the district classification applying to real property within 500 feet of a municipal boundary, the Town Clerk shall refer the proposed amendment to the chief elected official of the affected municipality, prior to final action.

§ 300-61.5 State Environmental Quality Review.

For Zoning Ordinance text amendment applications subject to SEQR requirements, all required environmental reviews must be completed before final action is taken on the amendment.

§ 300-61.6 Hearing and final action by governing body.

After receiving the report of the Planning Board, the governing body must deny the proposed amendment or convene its own public hearing on the proposed text amendment.

Following the public hearing, the governing body may act to approve the proposed text amendment, approve the proposed text amendment with modifications or deny the proposed text amendment. The governing body may also return the application to the Planning Board for further consideration.

The governing body may act by a simple majority vote of those governing body members, except when a valid protest petition has been submitted in accordance with § 300-61.8, approval or approval with modifications requires a majority plus one vote of the governing body.

The municipal Clerk shall notify, by mail, the petitioner of the action taken by the governing body.

If the governing body approves the amendment, supplement, change or modification to the text of this chapter, the Zoning Code shall be amended after publication as required by local law.

The governing body 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.

§ 300-61.7 Review criteria.

In reviewing and making decisions on Zoning Ordinance text amendments, the Code Enforcement Officer, Planning Board and governing body must consider at least the following criteria:

Whether the proposed Zoning Ordinance text amendment corrects an error or inconsistency in the Zoning Ordinance or meets the challenge of a changing condition;

Whether the proposed Zoning Ordinance text amendment is in substantial conformance with the adopted plans and policies of the municipality; and

Whether the proposed Zoning Ordinance text amendment is in the best interests of the municipality as a whole.

§ 300-61.8 Protest petitions.

In the case of a protest against any amendment, such amendment shall not become effective except in accordance with the provisions of Village or Town Law.

§ 300-62.1 Authority to file.

Amendments to the Zoning Map (rezonings) may be initiated only by the governing body or by a petition requesting such change, presented to the governing body, duly signed by the owners of at least 50% of the frontage of the parcels included within the area proposed to be rezoned. Rezoning petitions may be filed by the owner or by the owners' authorized agent.

§ 300-62.2 Application filing.

Complete applications for Zoning Map amendments must be filed with the Village or Town Clerk for consideration by the Village or Town Board. If the Town or Village Board decides to entertain the petition, it shall be referred to the respective Planning Board pursuant to § 300-62.4. If the governing board decides to not to entertain the petition it shall be deemed denied 60 days after filing.

§ 300-62.3 Notice of hearing.

Notice of required public hearings on Zoning Map amendments must be provided as required by the governing body and by state law. (See § 300-60.3C for additional information on public hearing notices.)

§ 300-62.4 Planning Board review and report.

The Planning Board must review all proposed Zoning Map amendments and prepare a report that evaluates the proposed amendment in light of adopted plans, the relevant provisions of this Zoning Ordinance and the review criteria of § 300-62.8.

§ 300-62.5 Referrals.

Whenever required under §§ 239-l and 239-m of the General Municipal Law, Zoning Ordinance Map amendments must be forwarded to the County Planning Department for review prior to final action by the governing body.

§ 300-62.6 State Environmental Quality Review.

For Zoning Map amendment applications subject to SEQR requirements, all required environmental reviews must be completed before a public hearing is held and final action is taken on the amendment.

§ 300-62.7 Hearing and final action by governing body.

After receiving the report of the Planning Board, the governing body must convene a public hearing on the proposed Map amendment.

Following the close of the public hearing, the governing body may act to approve the proposed Zoning Map amendment, approve the proposed Zoning Map amendment with modifications or deny the proposed Zoning Map amendment. The governing body may also return the application to the Planning Board for further consideration, together with a written explanation of the reasons for doing so.

The governing body may act by a simple majority vote, except when a valid protest petition has been submitted in accordance with § 300-62.9, approval or approval with modifications requires a majority plus one vote of the governing body members.

The municipal Clerk shall notify, by mail, the petitioner of the action taken by the governing body.

If the governing body approves the amendment, supplement, change or modification to district boundaries or classifications, the Zoning Map shall be amended after publication as required by local law.

§ 300-62.8 Review criteria.

In reviewing and making decisions on Zoning Map amendments, the Planning Board and governing body must consider at least the following criteria:

Whether the proposed Zoning Map amendment corrects an error or inconsistency in the Zoning Ordinance or meets the challenge of a changing condition;

Whether the proposed rezoning is in substantial conformance with adopted plans and policies affecting the area proposed to be rezoned;

Whether public facilities (infrastructure) and services will be adequate to serve development allowed by the requested rezoning;

Whether the rezoning will substantially harm the public health, safety or general welfare or the value of nearby properties;

Whether the rezoning is compatible with the zoning and use of nearby property;

The suitability of the subject property for the uses and development to which it has been restricted under the existing zoning regulations; and

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.

§ 300-62.9 Protest petitions.

A formal protest petition opposing a Zoning Map amendment must be submitted to the governing body or on the public record before the governing body's vote, allowing sufficient time for the municipality to determine the validity of the petition.

A protest petition will be considered "valid" if it is signed by:

The owners of 20% or more of the area of land included in such proposed change; or

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

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.

When a valid protest petition has been submitted, approval of a Zoning Map amendment requires a majority plus one vote of those governing body members.

§ 300-63.1 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 Town and Villages, and increase the capability of the Zoning Ordinance to adapt to a variety of unique circumstances.

§ 300-63.2 Applicability.

In accordance with New York State Town and Village Law, no construction or site improvement work may commence until site plan approval, where required, has been granted. Site plan review and approval is required in accordance with the procedures of this article for all new buildings and uses and expansions of existing buildings as defined in this article:

Site plan review shall not be required for the:

Maintenance of existing sign structures in all districts and the placement of signs in all districts; and

Placement of a mobile home or manufactured home on a single lot or in an approved mobile home or manufactured home park.

Single and two-family residential uses.

Minor site plan review requires only Planning Department approval and shall be required for:

Any proposed changes to parking, loading or stacking, or dumpsters, located more than 250 feet from residential use or district where such modifications are determined by the Planning Department to be consistent with the intent and objectives of the original site plan.

The proposed modification to an approved landscape plan to preserve existing mature trees and/or vegetation or change proposed plant species or the relocation of underground utilities where such modifications are determined by the Planning Department to be consistent with the intent and objectives of the original site plan;

The placement of accessory structures such as generators, toolsheds, HVAC equipment, transformers, or compressors;

Additions to buildings and uses that do not require additional off-street parking spaces.

Adjustments to approved site plans during development. During the development of an approved site plan, the Planning Department may authorize minor adjustments to the final development plan when such adjustments appear necessary in light of technical or engineering considerations first discovered during actual development. Such minor adjustments shall be limited to the following and shall be exempt from the procedures outlined in § 300-63.3:

Altering the location of any one structure or group of structures by not more than 10 feet or 0.1 of the distance shown on the approved site plan between such structure or structures and any other structure or any vehicular circulation element or any boundary of the parcel, whichever is less.

Altering the location of any circulation element by not more than 10 feet or 0.1 of the distance shown on the approved plan between such circulation element or any structure, whichever is less.

Reducing the yard area or open space associated with any single structure by not more than 5%.

Altering any final grade by not more than 5% of the originally planned grade.

Modification of landscaping, as long as screening intent is maintained.

Minor modifications. Minor modifications shall be limited to the following and shall be exempt from the procedures outlined in Article 63.3:

Error correction that does not alter the site plan.

Modifications that are not in violation of this chapter.

Changes that do not affect overall site layout or properties outside of the site.

Major site plan review requires Planning Board approval and is required for all new buildings and uses as well as expansions of uses and buildings that are not explicitly exempt from site plan review or do not qualify for minor site plan review.

§ 300-63.3 Procedure.

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 Department for processing. As a part of the review, the Building Official shall certify that the site development 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 67 of this chapter.

Presubmission conference. Prior to the preparation and submission of a final plan for site plan review and approval, the applicant may prepare a sketch plan and meet with the Planning Department staff to consider specifics of the proposed use or development, neighborhood characteristics, and features of the site. Such sketch plan should be submitted in duplicate and include enough information to enable a clear understanding of the proposal.

Plan requirements. A final site plan for any land use or activity requiring site plan review and approval shall be prepared and submitted to the Planning Department. Such final site plan shall contain the following information, as applicable:

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 Town or Villages.

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.

(7)

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.

(8)

Projected number of seating or employees, if needed, to determine the number of parking spaces.

(9)

Any wetlands and/or floodable area included in the one-hundred-year floodplain.

(10)

A topographic survey extending 50 feet beyond the property line may be required.

(11)

A storm drainage and grading plan showing the collection and disposal of stormwaters, or, if applicable, a stormwater pollution prevention plan consistent with the requirements of Article I and Article II of the Erosion and Sediment Control Law of the Town or Villages.

(12)

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 Broome County Department of Health.

(13)

Existing major vegetation (trees and shrubs) and proposed landscaping treatment, including species, location, and planting size and full-growth size.

(14)

Drawings or sketches which illustrate the height, bulk, and design characteristics of the proposed building, and indicate major materials to be used.

(15)

Location and type of exterior lighting, and location and dimension of exterior signs, including ground and wall signs.

(16)

Projected number of seating or employees, if needed, to determine the number of parking spaces.

(17)

Any other information required by the Planning Department to explain the proposal.

(18)

Application form, project narrative form, SEQR documentation.

(19)

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 63 (Site Plan), and any other applicable sections of the Town of Union Code. Notwithstanding any notes, provisions or specifications in the plans, we agree on behalf of the Developer-Applicant that Town of Union Code specifications shall take precedence over any such notes, provisions or specifications which may be inconsistent with and/or not in conformance with the Town of Union 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 Town of Union Code, that in all cases the Town of Union 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

(20)

Any of the above requirements may be waived by the Planning Department if conditions warrant.

Referrals.

To County Planning and any other involved agencies. Upon receipt of the complete application and before taking final action on certain applications for site plan approval (review), such applications shall be referred to the Broome County Planning Department and any other involved agencies for review and report in accordance with the provisions of §§ 239-l, 239-m and 239-nn of the General Municipal Law.

To the applicable Historic Review Board. Before taking final action on an application for site plan approval (review) for a parcel located in any locally designated historic district, park or a locally designated landmark, such application shall be referred to the applicable Historic Review Board for review and action in accordance with Chapter 157, Historic Preservation, of the Code of the Village of Endicott.

Relevant comments. In reviewing site plans it shall be the responsibility of the Planning Department to obtain comments or approvals in writing from any relevant Town and Village department/division before a decision on approval is made.

Environmental assessment. The environmental assessment shall be in accordance with the State Environmental Quality Review Act (SEQR).

Issuance of building permit. When an application for site plan review has been approved in accordance with the provisions of this Article 63 with or without modifications, a building permit shall be issued by the Code Enforcement Officer if there is compliance with all other pertinent code requirements. All required modifications established as a result of the site plan review procedure shall be conditions of the building permit.

Filing. The decision of the Planning Board or the Planning Department as appropriate shall immediately be filed in the applicable Town or Village Clerk's Office and Office of the Code Enforcement Officer within five business days and a copy thereof given or mailed to the applicant.

§ 300-63.4 Review criteria.

During review of a minor or major site plan, the Planning Department or Planning Board, as applicable, shall ensure that the site plan is consistent with this chapter and generally consistent with the policies of the Comprehensive Plan.

§ 300-63.5 Denial criteria.

The Planning Department or Planning Board shall deny an application on the basis of specific written findings directed to one or more of the following:

The application is incomplete in specified particulars or contains or reveals violations of this chapter or other applicable regulations which the applicant has, after written request, failed or refused to supply or correct.

The proposed site plan interferes unnecessarily, and in specified particulars, with easements, roadways, rail lines, utilities, and public or private rights-of-way.

The proposed site plan unnecessarily, and in specified particulars, destroys, damages, detrimentally modifies or interferes with the enjoyment of significant natural, topographic or physical features of the site.

The proposed structures unnecessarily, and in specified particulars, destroy, damage, detrimentally modify or interfere with the significant design features of the existing buildings and structures on the site.

The proposed structures or landscaping unnecessarily, and in specified particulars, bears a poor relationship to the existing physical development of the site or results in an overall development that compromises existing design, parking or landscaping elements.

The site design does not comply with ADA requirements.

The proposed site plan unnecessarily, and in specified particulars, is injurious or detrimental to the use and enjoyment of surrounding property.

There is inadequate infrastructure capacity to support the use or development.

The proposed site plan and associated improvements fail to mitigate the project's anticipated traffic impacts.

The proposed site plan fails to provide for adequate access for emergency vehicles.

The pedestrian and vehicular circulation elements unnecessarily, and in specified particulars, create hazards to safety on or off the site.

The proposed structure unnecessarily, and in specified particulars, is lacking amenity in relation to or is incompatible with, nearby structures and uses.

The proposed site plan unnecessarily, and in specified particulars, is lacking amenity in relation to, or incompatible with, nearby structures and uses.

The proposed site plan unnecessarily, and in specified particulars, creates drainage or erosion problems.

The proposed structures unnecessarily, and in specified particulars, are incompatible with or lacking in amenity in relation to existing uses on the site or existing building materials, roof shapes and fenestration on the site.

The proposed site plan fails to contribute to existing pedestrian-oriented rights-of-way and unnecessarily, and in specified particulars, is lacking in amenity in relation to the public realm and streetscape.

The proposed site plan detrimentally impacts the visual and physical access to and along the waterfront.

§ 300-63.6 Findings for approval.

In rendering a final decision, the Planning Department or Planning Board, as applicable, shall consider and make findings that:

The proposed site plan is consistent with the purpose and specific requirements of this chapter and generally consistent with the policies of the Comprehensive Plan;

Adequate services and utilities will be available prior to occupancy; and

The site plan is consistent with all other applicable laws.

§ 300-63.7 Approval or denial.

The Planning Department or Planning Board shall issue a final decision on each site plan. The decision of the Planning Department or Planning Board, which shall be based on the findings set forth, shall be final and shall:

Approve the application;

Approve the application with conditions; or

Deny the application.

In any case where an application is denied, the Planning Department or Planning Board shall state the specific reasons and shall cite the specific provisions of this chapter upon which such denial is based.

§ 300-63.8 Modifications of certain regulations.

Review by the Planning Department. The Planning Department may, at its discretion, reduce the required number of parking spaces by up to 25% upon determination that the applicant can demonstrate that the site can support the required number of spaces, should the need arise in the future. If the Planning Department determines that waived parking, paving and striping are needed to provide necessary off-street parking, it may order the installation thereof. Any certificate of occupancy issued for any parking area and the building or use served thereby, where the number of spaces has been waived, shall be deemed conditional upon the possible requirement for the future development of the additional off-street parking upon such order by the Planning Department. Failure to comply with such order within the time fixed thereby shall constitute a violation of this article.

Review by Planning Board. The Planning Board may, at its discretion, reduce the required number of parking spaces by up to 25% upon determination that the applicant can demonstrate that the site can support the required number of spaces, should the need arise in the future. If the Planning Board determines that waived parking, paving and striping are needed to provide necessary off-street parking, it may order the installation thereof. Any certificate of occupancy issued for any parking area and the building or use served thereby, where the number of spaces has been waived, shall be deemed conditional upon the possible requirement for the future development of the additional off-street parking upon such order by the Planning Board. Failure to comply with such order within the time fixed thereby shall constitute a violation of this article.

§ 300-63.9 Filing of decision.

In accordance with New York State law, the decision of the Planning Board or Planning Department, as applicable, shall be filed in the Office of the Municipal Clerk consistent with all applicable state requirements.

§ 300-63.10 Appeal.

Appeal of Planning Department decision. An applicant for a minor site plan review or any other aggrieved party may appeal to the Planning Board for a review and modification of a decision made by the Planning Department. Such appeal shall be treated by the Planning Board in the same manner as a major site plan review and follow the provisions of § 300-63.3 of this chapter.

Appeal of a Planning Board decision. Any person or persons, jointly or severally aggrieved by any decision of the Planning Board may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules.

§ 300-63.11 Fees.

Upon filing an application for site plan review, all applicable fees shall be paid.

§ 300-64.1 Purpose.

Within the districts established by this chapter or amendments, there exist lots, buildings, uses of land and characteristics of use which were lawful before this chapter or amendments were passed but which would be prohibited, regulated or restricted under terms of this chapter or future amendments. Regulations for the continuance, maintenance, repair, restoration and discontinuance of nonconforming lots, buildings, land and uses are established for the following purposes:

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 conformity if they are discontinued, and to bring about the eventual compliance with the objectives of the Future Land Use Plan and this chapter.

§ 300-64.2 Exceptions.

Normal maintenance and repair, structural alteration in and reconstruction or enlargement of a building with nonconforming bulk are permitted, as well as new construction on the lot, if the same does not increase the degree of or create any new nonconforming bulk in such building.

§ 300-64.3 General provisions.

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 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 B or in a building occupied by a nonconforming use permitted to extend under Subsection C.

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.

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.

To the extent the district bulk requirements permit, upon the approval of the Zoning Board of Appeals, a nonconforming use may be extended to, but not exceed, an increase of 50% of its floor area or of its land area occupancy of a nonbuilding use. However, this provision may be used only once for each such use and in no event may be applied to signs or to increase the number of units in a multifamily building.

An accessory building(s) to a legally existing nonconforming residential use, in a nonresidential zoning district, is permitted by right, provided that the accessory building(s) meets the minimum side/rear yard requirement for the district in which the property is located and provided that the accessory building complies with all other requirements for such buildings.

Damage and destruction. If a building occupied by a nonconforming use is damaged to the extent of 50% or more of its assessed valuation, excluding the full value of the land, as determined by the Town 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 less than 50% of its assessed valuation.

Discontinuance or abandoning of use. A nonconforming use or building discontinued or abandoned for 12 consecutive months shall not, thereafter, be used or occupied except in conformance with the regulations of the district in which it is located. Discontinuance of the active and continuous operation of a nonconforming use, or a part or portion thereof, for a period of 12 consecutive months is hereby construed and considered to be an abandonment of such nonconforming use, regardless of any reservation of intent not to abandon same or of intent to resume active operations. Actual abandonment is evidenced by the removal of buildings, structures, machinery, equipment and other evidence of such nonconforming use of the land and premises.

Nonconforming parking, loading, and stacking 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, loading and stacking 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. 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, loading and stacking 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.

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.

§ 300-65.1 Purpose.

The Planned Unit Development (PUD) Zoning District allows for an alternative process to develop a unified and integrated development plan in the Town or Villages. PUD Zoning Districts promote flexible development opportunities that would not otherwise be possible through the strict application of the land use and development regulations of this chapter, and allow diversification in the uses permitted and variation in the relationship of uses, structures, and open spaces. The PUD District results in a cohesive and unified project based on unique standards and regulations developed for a particular site or sites. Planned Unit Development Districts shall achieve the following objectives:

An alternative development pattern in harmony with the objectives of various Town, Village and regional land use and development plans.

A creative use of land and related physical development allowing an orderly transition from one land use to another.

Diversification in the uses permitted and variation in the relationship of uses, structures, open spaces and height of structures in developments conceived as cohesive unified projects.

Unique standards for site and building design.

The preservation and enhancement of desirable site characteristics, such as open space, natural topography, vegetation and geologic features and the prevention of soil erosion.

To encourage a more efficient and economical arrangement of land uses, buildings, circulation system and utilities, resulting in a smaller network of utilities and streets and a lessened burden of traffic on streets and highways.

§ 300-65.2 Location.

The Planned Unit Development District shall be applicable to any area of the Town or Villages where the applicant can demonstrate that the characteristics of the development will satisfy the intent and objectives of this chapter. Where a PUD District is deemed appropriate, the rezoning of land to a Planned Unit Development District will replace all uses and dimensional specifications contained elsewhere in this chapter. The PUD District shall be defined as all contiguous parcels zoned PUD including associated streets or rights-of-way. A planned unit development plan must be reviewed and approved on an individual basis, separately from neighboring planned unit developments.

§ 300-65.3 District ownership.

All owners of the parcel or parcels included in the planned unit development plan (PUD plan) shall be included as joint applicants on the initial PUD application.

§ 300-65.4 Area requirements.

No Planned Unit Development District shall be established having an area of less than 10 contiguous acres within the Town or two contiguous acres within the Villages.

Open space requirements for individual PUD plans.

Not less than 25% of the total area shall be set aside for common open space. In general, open space shall achieve the following:

Protect and preserve floodplains, wetlands, steep slopes, or watercourses, etc.

Protect any historic, archeological or cultural resources listed on the national, state, county, or local historical registers.

Protect any mature woodlands, meadows, or ecologically sensitive areas for wildlife habitat.

Provide an upland buffer area adjacent to any streams, wetlands, or surface water to protect native species vegetation.

Landscape common areas such as islands and new streets.

Open space intended for recreation or public use shall be so located to be accessible to pedestrians.

(g)

The suitability of open space for recreational or public use shall be determined by its visibility from a significant number of units or length or number of public or private streets.

Disposition requirements.

Ownership shall be held by the developer(s), or in corporate ownership by the owners of the lots or dwelling units within the development, if the open space is reserved for private use.

Such common open space shall be set aside as a deed restriction for a specific period of time or conservation easement in perpetual ownership. The maintenance of common open space and recreation areas and maintenance and replacement of approved landscaping shall be guaranteed in a form approved by the Municipal Attorney.

Lands dedicated as open space, park, or recreation shall be noted on the plat map, deed description filed and referenced.

The legal instruments used to convey ownership, use, and maintenance shall be established and filed of record, prior to the conveyance of any subdivision lots.

Resubdivision and/or development of any dedicated open space recorded on the plat is prohibited.

§ 300-65.5 Use requirements.

Permitted uses. The following uses are permitted in the PUD District:

Any use that is not expressly prohibited in § 300-65.5B, but not specifically permitted by right as a commercial, light industrial, or residential use, may be approved by the governing body at its sole discretion upon application by the property owners.

For purposes of this section, varied residential development (single-family detached, single-family attached, two-family, multifamily) may be considered separate uses.

Prohibited uses. The following uses are prohibited in the PUD District:

	Adult entertainment business
	Automobile-related business including, but not limited to, automatic and coin car washes; automobile dealership, new or used; vehicle body/fender work; gasoline service stations; service stations; automobile sales or rental; motor vehicle repair garages
	Blacksmithing
	Boilerworks
	Cemeteries
	Contractor's and building material storage
	Creamery
	Food processing plant
	Foundries
	Gasoline storage tanks
	Junkyard
	Laundries and dry-cleaning plants
	Lumber/saw mill
	Mobile homes
	Refineries
	Shoe manufacturing
	Stone crushing
	Vehicle manufacturing

§ 300-65.6 Additional requirements and standards.

The requirements and standards for a Planned Unit Development District plan shall be specifically determined for each individual project. The area, setback, density and height requirements shall be proposed by the developer and shall be subject to the approval of the Planning Board and governing board. Following the approval of a PUD District plan, the accepted requirements shall regulate the PUD District. At a minimum, the application for a PUD District shall include:

Purpose statement that includes how the project meets the objectives of this chapter;

Uses;

Lot, area and yard dimensions;

Densities and floor area ratios;

Building characteristics;

Open space;

(7)

Parking; and

(8)

Additional requirements and data may be required by the Planning Director and shall be submitted with the application.

Planned Unit Development Districts shall be served adequately by, and shall not impose an undue burden upon, essential public facilities and services, such as highways, streets, traffic control signals and devices, streetlighting, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools. Where any such facility or service is not available or adequate to service the Planned Unit Development District, the applicant shall be responsible for establishing his/her ability, willingness and binding commitment to provide such facilities and services.

All easements to be recorded in connection with a Planned Unit Development plan shall not be modified, removed or released without the express consent of the governing body and may be enforced by the Town or Villages.

§ 300-65.7 Required documents.

Conceptual development plan. The developer or agent shall submit 15 copies of the conceptual development plan to the Planning Department for Planning Board review. The plan shall be prepared by a licensed engineer, architect, landscape architect or surveyor as appropriate and shall include the following:

The proposed location of:

Specific land uses within the PUD District;

Vehicular and pedestrian circulation systems;

Extent of public and private open space;

Extent of utility systems; and

Residential and nonresidential structures.

Proposed phasing plan for the project.

The overall maximum density of residential uses and intensity of nonresidential uses.

The existing and proposed ownership and management of the Planned Unit Development District, including the buildings, landscaped areas and open spaces.

Preliminary development plan. The developer or agent shall submit 15 copies of the preliminary development plan to the Planning Department for Planning Board and Town/Village Board review. The plan shall be prepared by a licensed engineer, architect, landscape architect or surveyor as appropriate and shall include the following:

Fifteen sets of preliminary professional drawings/plans, the PUD application form, the rezoning application form, Part I of the long environmental assessment form, the project narrative and other required information.

Filing fee as determined by the governing body.

Preliminary development plans illustrating:

The proposed name and location of the development, name of developer and name of person who prepared the plan.

A scale no greater than one inch equals 100 feet.

The name, date, North arrow, and scale of each map.

The proposed location of:

Specific land uses within the PUD District;

Vehicular and pedestrian circulation systems;

Extent of public, private, and dedicated open space;

Extent of utility systems; and

Residential and nonresidential structures.

Proposed phasing plan for the project.

The overall maximum density of residential uses and intensity of nonresidential uses.

Final development plan. The developer or agent shall submit 10 copies of the final development plan to the Planning Department for review by the Planning Board. All plans shall be clearly and legibly drawn or printed or reproduced by a process guaranteeing a permanent record, which will permit reproduction. The plans shall be prepared by a licensed engineer, architect, landscape architect or surveyor as appropriate and shall include the following:

All drawings and plans. All drawings shall denote the following:

The proposed name, and location of development, name of developer and name and stamp of the person who prepared the plans.

Drawings on sheets a maximum size of 24 inches by 36 inches.

A scale no greater than one inch equals 100 feet.

The name, date, North arrow, and scale.

Existing streets, buildings, easements, water bodies, streams, drainage channels, floodplains and base flood elevation and railroad rights-of-way.

Open space and parkland including, at a minimum, the following information:

Minimum percentage.

Ownership.

Maintenance.

Location of proposed dedicated open space, eventually to be described and recorded with the deed.

(g)

Proposed streets, indicating which are to be private and which are to be deeded to the Town or Village.

(h)

Building plans (including footprints, elevations, and floor plans) and designated uses.

(i)

Off-street parking, loading and stacking areas.

(j)

Landscaped areas (including plant type, location, and size), open space, recreation, and screening.

(k)

Signs.

Construction improvement plan. The following information shall be denoted on the construction improvement plan:

Location of existing water mains, hydrants, sanitary sewers, storm sewers, culverts or drains located adjacent to and on the property to be developed.

Profiles and details for all street work, storm drainage channels, structures and systems, retaining walls or other improvements to support cut slopes and embankments, bridges, sewer lines, culverts, fire hydrants and any other underground utilities.

Easements for existing and proposed utilities, if applicable.

Improvements, such as curbs and gutters, streetlighting, sidewalks, fences, gates and driveways, shall be shown if the improvements are required by the Planning Board.

Profiles showing existing and proposed elevations along the center lines of streets shall be shown;

Where a proposed street intersects an existing street or streets, the elevation along the center of the existing street or streets, within 100 feet of the intersection, shall be shown.

Grading and drainage plan. The following information shall be denoted on the grading and drainage plan:

Existing and proposed contour lines at an interval no greater than five feet.

The location of all approved open channels, swales and natural overland flows.

Pre- and post-stormwater runoff drainage computations, pre- and post-development velocities, peak rates of discharge, storage volumes and surface area requirements for controlling stormwater runoff at all points of discharge.

Pertinent existing natural features, such as wetlands, outstanding trees and outlines of densely wooded areas.

Erosion control measures, both long-term and short-term, sediment control measures, stormwater management facilities (temporary or permanent) shown during and after construction and construction sequencing.

The stormwater pollution prevention plan and/or erosion and sediment control plan shall meet the requirements under 40 CFR Part 122.22(b)(15) of the Clean Water Act. A Stormwater Pollution Prevention Plan (SWPPP) consistent with the requirements of Articles I and II of Chapter 171, Erosion and Sediment Control, shall be required for final PUD development plan approval. The SWPPP shall meet the performance and design criteria and standards in Article II of Chapter 171, Erosion and Sediment Control. The approved final PUD development plan shall be consistent with the provisions of Chapter 171, Erosion and Sediment Control of the Town Code, Chapter 238 of Johnson City's Code and Chapter 213 of Endicott's Code.

Engineering feasibility studies of any anticipated problems, which might arise due to the proposed development, shall be submitted if requested by the Planning Board.

§ 300-65.8 PUD District process.

Purpose. The provisions of this section establish special procedures for amending this chapter to permit the mapping of Planned Unit Development Districts. The procedures herein established are intended to substitute procedural protections for substantive regulations in recognition of the fact that traditional density, bulk, spacing and use regulations, which may be useful in protecting the character of substantially developed and stable areas, may impose inappropriate preregulations and rigidities upon the development or redevelopment of parcels or areas which lend themselves to an individual, planned approach.

Authority. The Zoning Map may be amended from time to time, by local law duly enacted by the governing body, to provide for Planned Unit Development Districts; provided, however, that no such amendment shall be enacted except in accordance with procedures herein established and the applicable standards and regulations established by Article 63, Site Plan Review, and Chapter 181, Subdivision of Land, in the Town's Code and Chapter 244, Subdivision of Land, in the Johnson City Code.

General overview of procedure. The following outlines the process required to obtain approval for a Planned Unit Development District in the Town or Village. In general, the process includes the following steps; additional information on each step is outlined in this section.

Step 1: conceptual development plan approval (optional). The applicant submits a conceptual development plan and discusses the information on an informal basis with the Planning Director, Code Enforcement Officer, and Municipal Engineer. Following the review of the concept plan, the Planning Director has the discretion to present the concept plan to the Planning Board and governing body for comment.

Step 2: preliminary development plan approval. The applicant submits a preliminary development plan to the Planning Board (along with a rezoning application to the governing body) for an advisory opinion. The plans are transmitted to the governing body for approval or denial of the rezoning and preliminary plan following a public hearing by the governing body, if applicable.

Step 3: final development plan review. The applicant incorporates conditions into plans for final development site plan or subdivision plat review by the Planning Board. If the plans are in substantial conformity, final approval is granted.

Procedure.

Conceptual development plan approval (optional). The applicant has the option to discuss the proposal with the Planning Department by submitting a conceptual development plan. The following outlines the conceptual development plan approval process.

The plan should include the following information: proposed uses, vehicular and pedestrian circulation system, building placement, existing and proposed utilities, drainage and proposed private and public open space.

The plan will be reviewed by the Planning, Code Enforcement and Engineering Departments, as appropriate, which may meet jointly to discuss the project.

The conceptual plan review may be placed on the Planning Board's agenda at its regularly scheduled meeting to discuss the review process and offer recommendations for the plan.

The applicant may, at its option, submit the preliminary development plan in lieu of a less-detailed conceptual development plan with the submission of the Planned Unit Development District rezoning application and planned unit development plan application. In such case, the applicant shall comply with all provisions of this chapter applicable to submission of the preliminary development plan and to submission of the final development plan.

The Planning Department and Planning Board may offer recommendations and suggestions on potential issues and alterations that should be considered by the applicant. The applicant can use this information in preparing the preliminary development plan as part of the application process.

Preliminary development plan review. The preliminary development plan offers the applicant the opportunity to provide preliminary details to the Planning Department and Planning Board on the design and layout of the project. By providing the preliminary site layout, circulation patterns, densities, setbacks and other proposed regulations, the applicant will have the opportunity to discuss and amend the preliminary development plan before finalizing the PUD plan.

Submission of preliminary development plan.

The applicant shall submit 15 sets of preliminary professional drawings/plans, the PUD application form, the rezoning petition form, the long EAF, the project narrative, and the application fee as defined under Code to the Planning Department.

The Planning Department will refer the PUD/rezoning application to:

The Planning Board for its advisory opinion, and

The Town/Village Board. The Town/Village Board shall:

[i]

Declare lead agency for the rezoning.

[ii]

Refer the application back to the Planning Department to commence the 239 review, if required, and distribute the plans and application to other interested agencies, including Engineering, Water Department, Fire Department, and Code Enforcement. (At this time, the Planning Department may ask for additional copies of the plans, as justified and needed for review by other interested agencies.)

If the development requires the subdivision of land or installation of public streets and/or utilities, an application for subdivision approval can be made. The preliminary development plans shall be subject to the applicable sections under Chapter 181, Subdivision of Land, in the Town Code and Chapter 244, Subdivision of Land, in the Johnson City Code.

The review procedures for rezoning, PUD and site plan/subdivision plat can run concurrently, with the applicant acknowledging that the property is still subject to rezoning approval.

Action by Planning Board.

The Planning Board shall review and study the preliminary development plan and consider the comments of other agencies.

Within 60 days of receiving the preliminary development plan application, the Planning Board shall make its recommendations on the preliminary development plan. The recommendation can include one of the following:

Approve the plans as submitted.

Approve the preliminary plans with conditions. The Planning Board may impose changes or conditions, which shall be incorporated into the final plans.

[c]

Disapprove of the plans. In the event of disapproval of the preliminary PUD plans, the Planning Board shall state its reasons for opposition in writing.

The failure of the Planning Board to act within 60 days, or such longer period as may be agreed to by the applicant, shall be deemed a recommendation for the approval of the preliminary development plan as submitted.

The Planning Board shall transmit its recommendation to the governing body for consideration in the rezoning application made as part of the preliminary development plan application for the property.

Action by governing body.

The governing body shall follow regulations under SEQRA.

Make a SEQR determination of type of action (if Type I, determine whether an EIS or long EAF will suffice).

If EIS is not required, call for a public hearing to be held following the thirty-day review period. (The Planning Department will prepare public notices for paper and sign posting to be posted a minimum of 10 days prior to hearing, and will prepare Part II of EAF.)

The governing body shall review and study the preliminary development plan and consider the comments of other agencies. Attention will be given to the arrangement of uses and buildings, the relationship to the topography of the land, other factors, such as vegetation, wetlands, floodplains, sewage disposal, drainage, water needs, trip generation, recreation/open space areas and such concerns as may be appropriate.

Following the thirty-day 239 review period, if required, and receipt by the governing body of the report of the Planning Board, or its failure to act as above provided, the governing body shall conduct a public hearing on the preliminary development plan and rezoning application.

Within 30 days of conclusion of the public hearing, the governing body shall:

By local law duly adopted, approve the preliminary development plan, with or without modifications to be accepted by the applicants as a condition of such approval, and amend the Zoning Map of the Town or Village to designate the area included in the approved plan as "The ____ Planned Unit Development"; or

Refer it back to the Planning Board for further consideration of specified matters; or

[c]

Deny the preliminary development plan.

[5]

In the event that the governing body, prior to the expiration of the time limit herein specified for its refusal or adoption of the proposed amendment, requests further information from the applicant, the time limit for its refusal or adoption of the proposed amendment shall be extended to 60 days.

[6]

In the event that the governing body shall fail to act within the time limit herein specified, the preliminary development plan shall be deemed denied.

[7]

Within 10 business days of the governing body's action, or its failure to act as above provided, the Planning Director shall:

Mail notice of the decision to all parties entitled.

File a copy of the entire preliminary development plan in the permanent records of the Planning Department.

[c]

File the preliminary development plan with the Municipal Clerk.

[8]

If the preliminary development plan is approved with conditions, the Zoning Map shall not be amended until the applicant has filed with the Planning Director written consent to such conditions.

[9]

In the event that a preliminary development plan is approved, or approved with conditions acceptable to the applicant, no development shall be permitted unless and until a final development plan has been submitted and approved in accordance with the provisions of this chapter.

Final development plan approval. The final development plan incorporates the specific conditions outlined during the preliminary development plan approval process. Inclusion of the approval conditions will allow the project to move forward in a timely manner; the application process includes a mechanism to streamline the approval so the project can move forward.

All final development plan approvals shall require site plan approval as set forth in Article 63, Site Plan Review, of this chapter. If applicable, both processes can run concurrently.

If the Planning Board finds substantial conformity and finds the final development plan to be in all other respects complete and in compliance with any conditions imposed by approval of the preliminary development plan, the Planning Board shall approve the final development plan. A final development plan shall be deemed not to be in substantial conformity with an approved preliminary development plan if it:

Exceeds by more than 10% the maximum parking, height, lot coverage, yard requirements or changes in land use percentages (besides arrangement of land use), approved for the preliminary Planned Unit Development plan;

Changes in housing type;

Reduction in open space;

Decreases by more than 10% the area approved for public and private open space or significantly changes the general location of such areas;

[5]

Substantially relocates approved public circulation elements to any extent that would significantly decrease their functionality; adversely affect their relation to surrounding lands and circulation elements; or significantly reduce their effectiveness as buffers or amenities;

[6]

Significantly alters the arrangement of land uses within the Planned Unit Development District;

[7]

Provides for uses not included in the approved preliminary development plan; or

[8]

Exceeds the maximum density for residential uses, as approved on the preliminary plan, and the maximum floor area ratio for nonresidential uses.

Any changes to the proposed phasing plan submitted with the preliminary plan shall be submitted with the final development plan.

If expressly authorized by the approval of the final development plan, the applicant may, pursuant to and subject to the limitations of the applicable codes and ordinances of the Town, apply for and receive building permits for model buildings, residential or commercial, that would be used for the express purpose of showing typical structures to be developed in the PUD. These buildings can only be constructed within the area of the Planned Unit Development District as approved and upon issuance of a building permit.

Within one year of approval of the final development plan, or a time frame agreed to by the Planning Board and the applicant, the applicant shall make application for appropriate building permits for the planned unit development.

§ 300-65.9 Revision to PUD Districts.

Adjustments to final development plan during development. During the development of an approved PUD, the Planning Department may authorize minor adjustments to the final development plan when such adjustments appear necessary in light of technical or engineering considerations first discovered during actual development. Such minor adjustments shall be limited to the following:

Altering the location of any one structure or group of structures by not more than 10 feet or 0.1 of the distance shown on the final development plan between such structure or structures and any other structure or any vehicular circulation element or any boundary of the Planned Unit Development District, whichever is less.

Altering the location of any circulation element by not more than 10 feet or 0.1 of the distance shown on the final development plan between such circulation element or any structure, whichever is less.

Altering the boundary of any open space (other than dedicated open space) by not more than 50 feet, provided that the total amount of open space is not reduced by more than 5%.

Reducing the yard area or open space associated with any single structure by not more than 5%.

Altering any final grade by not more than 5% of the originally planned grade.

Amendments to final development plan. In addition to the adjustments authorized by the Planning Department, an approved final development plan may be amended or varied by submitting a new site plan to the Planning Board. The process for final development plan approval shall be followed for all amendments.

Approval revoked. The following changes to an approved Planned Unit Development District are considered significant, and any approval of the PUD District shall be revoked and the approval process begun again. Revisions for which this shall apply include:

Any change which shall require additional roads or utilities or cause the required number of parking spaces to increase by 15% or more or will cause any change in the SEQR determination.

Any reduction in common or public open space (other than dedicated open space) by more than 15%.

Any change in use included in the proposed development.

Any increase in the gross floor area of 15% or more in an industrial or commercial development.

An increase in density of 15% or more in residential developments or a change of housing type, even though the density may not increase. Changes in the tenure shall not be considered a significant change.

§ 300-65.10 Limitations to approvals.

Within one year after the approval of a final development plan, or such other time as may be established by the approved development schedule, construction shall commence in accordance with such approved plan.

Failure to commence construction within such period shall, unless an extension shall have been granted, automatically render void the final development plan approval and all permits based on such approvals. In addition, such documents shall require time expiration and reverter language to remedy nonperformance.

§ 300-65.11 Enforcement.

If the Building Official finds that development is not proceeding in accordance with the approved schedule, or that it fails in any other respect to comply with the final development plan as finally approved, he/she shall immediately notify the governing body of such fact and issue an order stopping any or all work on the Planned Unit Development District until such time as any noncompliance is cured.

Within 60 days of such notice, the governing body shall either:

Revoke, by local law, the final development plan approval and direct the Building Official to initiate appropriate amendment procedures to return the affected area of the Planned Unit Development District to an appropriate zoning classification;

Take such steps as it shall deem necessary to compel compliance with the final development plan as approved; or

Require the owner or applicant to seek an amendment of the final development plan.

§ 300-65.12 Appeal.

An appeal from any final decision regarding the Planned Unit Development District may be filed by any person aggrieved or by any authorized officer, department, board or commission of the Town or Village in accordance with Article 78 of the New York Civil Practice Law and Rules.

§ 300-66.1 Applicability.

All uses and activities requiring a special use permit must be reviewed and approved in accordance with the procedures of this article.

Special uses within the zoning districts are generally considered to be uses which are appropriate in a particular zoning district but because of their potential for incompatibility with adjacent uses require individual review and may require the imposition of conditions in order to assure the appropriateness of the use in a particular zoning district.

A special use permit shall be required in accordance with the district use tables in Part 2.

The Planning Board shall hear and decide all applications for special use permits.

Specially permitted uses require site plan review unless otherwise exempt. Concurrent applications are permitted.

§ 300-66.2 Application filing.

Complete applications for a special use permit approval must be filed with appropriate personnel in the Code Enforcement Office.

§ 300-66.3 Action by Planning Department.

Upon request of the Planning Board, the Planning Department shall prepare a report that reviews the request for a special use permit.

§ 300-66.4 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.

§ 300-66.5 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 final action by the municipality.

§ 300-66.6 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 as required by the governing body and by state law.

Within 62 days following the close of the public hearing, the Planning Board may 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.

§ 300-66.7 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 adjacent property;

Will not create a hazard to health, safety or the general welfare;

Will not alter the essential character of the neighborhood nor be detrimental to the neighborhood residents; and

Will not otherwise be detrimental to the public convenience and welfare.

§ 300-66.8 Conditions.

The Planning Board may impose such conditions upon the premises benefited by a special use permit 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.

§ 300-66.9 Renewal.

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 which would be incompatible with the special use.

§ 300-66.10 Amendments to approved 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.

§ 300-66.11 Transferability.

A special permit is not transferable except upon approval by resolution of the issuing board. A special permit shall authorize only one special use and shall expire if the special use ceases for more than three months for any reason.

§ 300-67.1 Applicability.

The Zoning Board of Appeals (ZBA), on appeal from the decision or determination of any administrative official charged with enforcement of this chapter, shall have the power to grant use and area variances, subject to the standards and procedures articulated in the New York State Town and Village Law. The variance procedures may not be used to:

Waive, modify or otherwise vary any of the review and approval procedures of this article; or

Waive, vary, modify or otherwise override a condition of approval or requirement imposed by another authorized board or commission.

§ 300-67.2 Authority to file.

Applications for zoning variances may be initiated only by the owner of the subject property or by the owner's authorized agent.

§ 300-67.3 Application filing.

Complete applications for a zoning variance must be filed with appropriate personnel in the Code Enforcement Office.

§ 300-67.4 Notice of hearing.

Notice of required public hearings on zoning variances must be provided as required by local and state law. (See § 300-60.3C for additional information on public hearing notices.)

§ 300-67.5 Burden of proof.

The petitioner seeking the variance shall have the burden of presenting sufficient evidence to allow the Zoning Board of Appeals to reach a conclusion as set forth below as well as the burden of persuasion on those items.

§ 300-67.6 Hearing and final decision.

Once the application has been determined to be complete, the Zoning Board of Appeals must hold at least one public hearing on a proposed zoning variance.

The Zoning Board of Appeals shall decide upon the appeal within 62 days after the closing of the public hearing. The time within which the Zoning Board of Appeals may render its decision may be extended by mutual consent of the petitioner and the Board.

The Zoning Board of Appeals 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.

Appeals for interpretation shall be decided by the concurring vote of a majority of the members of the Zoning Board of Appeals in compliance with New York State Town and Village Law.

The decision of the Zoning Board of Appeals shall be filed in the Office of the Town or Village Clerk within five business days after the decision is rendered, and a copy mailed to the petitioner.

§ 300-67.7 Review criteria.

Zoning variances may be approved by the Zoning Board of Appeals only when it finds substantial evidence in the official record that:

Strict application of one or more standards or requirements of this Zoning Ordinance would result in unnecessary hardships or practical difficulties that are not the result of the deliberate actions of the property owner or their agent, employee, or contractor;

The zoning variance is the minimum zoning variance necessary to provide relief from the unnecessary hardships or practical difficulties;

The zoning variance is generally consistent with the overall purpose of this chapter; and

The zoning variance will result in substantial justice being done, considering both the public benefits intended to be secured by this Zoning Ordinance and the individual hardships that will be suffered if the zoning variance request is denied.

§ 300-67.8 Transferability.

Zoning variance approval runs with the land and is not affected by changes of tenancy, ownership, or management.

§ 300-67.9 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.

§ 300-68.1 Applicability.

The Zoning Board of Appeals (ZBA) is authorized to hear and decide appeals where it is alleged there has been an error in any order, requirement, decision or determination made by the Code Enforcement Officer or any other administrative official in the administration, interpretation or enforcement of this Zoning Ordinance.

§ 300-68.2 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.

§ 300-68.3 Application filing.

Complete applications for appeals of administrative decisions must be filed with appropriate personnel in the Code Enforcement Office.

Appeals of administrative decisions must be filed within 60 days of the date of the decision being appealed.

§ 300-68.4 Effect of filing.

The filing of a complete notice of 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.

§ 300-68.5 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.

§ 300-68.6 Notice of hearing.

Notice of required public hearings on appeals must be provided as required by the governing body and by state law. (See § 300-60.3C for additional information on public hearing notices.)

§ 300-68.7 Hearing and final decision.

The ZBA must hold a public hearing on the appeal.

Following the close of the hearing, at the same or subsequent meeting, the ZBA must take action on the appeal.

In exercising the appeal power, the ZBA has all the powers of the official from whom the appeal is taken, and the ZBA may reverse the appeal or affirm the appeal, in whole or in part, or modify the decision being appealed.

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.

§ 300-69.1 Town and Village Board.

Establishment. For the purpose of promoting the health, safety, morals, or the general welfare of the community, the Town Board is hereby empowered under New York State Town and the Village Board is hereby empowered under New York State Village Law to regulate and administer the provisions of this Zoning Ordinance.

Powers and duties. The Town and Village Board shall be responsible for final action regarding the following:

Amendments to the Zoning Map (rezoning);

Amendments to the text of this chapter; and

Applications for the creation of a Planned Unit Development District.

§ 300-69.2 Planning Board.

Establishment. The Planning Board is established under the provisions of New York State Town and Village Law.

Membership, appropriations and terms. The Planning Board's composition, appropriations, terms, vacancies, removals, and appointments shall be in accordance with New York State Town and Village Law.

Power and duties. The Planning Board shall have the following powers and duties.

Review authority. The Planning Board shall be responsible for reviewing and making recommendations regarding the following:

Amendments to the Zoning Map (rezoning);

Amendments to the text of this chapter; and

Applications for the creation of a Planned Unit Development District.

Final authority. The Planning Board shall be responsible for final action regarding applications for the following:

Major site plan review; and

Special use permits.

General authority. The Planning Board may exercise additional powers as directed by the Town or Village Board and as may be described elsewhere in this chapter and as permitted by New York State Town or Village Law.

§ 300-69.3 Zoning Board of Appeals.

Establishment. The ZBA is established under the provisions of New York State Town and Village Law.

Membership, appointments and terms.

The ZBA shall consist of five members appointed by the Town or Village Board. The members of the ZBA as now constituted shall continue in office until the expiration of their present terms. Thereafter, their successors shall be appointed for terms of five years each. Vacancies shall be filled as provided for in the New York State Town and Village Law.

The Clerk of the ZBA shall perform such duties as required by it. The Town or Village Board may appoint additional clerks or other employees serving at its pleasure to assist the ZBA.

In accordance with § 7-712 of Village Law, there shall be a maximum of two alternate Zoning Board of Appeals members who shall be appointed by the Mayor, subject to the approval of the Village Board, for terms established by the Village Board. Alternate Zoning Board of Appeals members shall substitute for Zoning Board of Appeals members in the event any such member is unable to participate in a matter or application before the Zoning Board of Appeals due to illness, absence or a conflict of interest. The Chairperson of the Zoning Board of Appeals is authorized to designate an alternate Zoning Board of Appeals member for a member who is unable to participate. When so designated, an alternate Zoning Board of Appeals member shall possess all of the powers and responsibilities of a member of the Zoning Board of Appeals.

[Added 9-9-2020 by L.L. No. 21-2020]

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 Town and 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 Meetings Law.[1]

Editor's Note: See Public Officers Law § 100 et seq.

Minutes. The Municipal Clerk shall keep minutes of all proceedings before the ZBA.

Powers and duties. The ZBA shall have the following powers and duties.

Final authority. The ZBA shall be responsible for final action regarding the following:

Applications for variances;

Administrative appeals;

Applications for temporary use permits; and

Amendments to restrictions enacted by the ZBA.

General authority. The ZBA may exercise additional powers as directed by the Town or Village Board and as may be described elsewhere in this chapter and as permitted by New York State law.

Endicott City Zoning Code

PART 6

Review and Approval Procedures

§ 300-60.1 Applicability.

The provisions of this article apply to all the procedures in this part (Part 6) unless otherwise expressly stated.

§ 300-60.2 Application submittal.

Completeness and accuracy review.

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 the Code Enforcement Officer determines that:

The application contains multiple minor inaccuracies or omissions that hinder timely or competent evaluation of the plan's/application's compliance with Zoning Ordinance standards.

§ 300-60.3 Public hearing process.

Deadlines for receipt of complete applications;

Dates of regular meetings;

The scheduling of agency and staff reviews and reports; and

Time frames for review and decisionmaking.

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.

Public hearing notices.

Mailed notice.

Whenever the provisions of this Zoning Ordinance require that notices be mailed, the notices must be sent by United States Postal Service first class mail.

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.

§ 300-60.4 Action by review bodies and decisionmaking bodies.

Review and decisionmaking bodies may take any action that is consistent with:

The regulations of this Zoning Ordinance;

Any rules or bylaws that apply to the review or decisionmaking body; and

The notice that was given.

Review and decisionmaking bodies are authorized to defer action or continue a public hearing in order to receive additional information or further deliberate.

§ 300-60.5 Conditions of approval.

§ 300-60.6 Review and decisionmaking criteria; burden of proof or persuasion.

§ 300-61.1 Authority to file.

Amendments to the text of this Zoning Ordinance may be initiated only by the governing body or by a petition requesting the amendment presented to the governing body.

§ 300-61.2 Notice of hearing.

§ 300-61.3 Planning Board review and report.

§ 300-61.4 Referrals.

§ 300-61.5 State Environmental Quality Review.

For Zoning Ordinance text amendment applications subject to SEQR requirements, all required environmental reviews must be completed before final action is taken on the amendment.

§ 300-61.6 Hearing and final action by governing body.

After receiving the report of the Planning Board, the governing body must deny the proposed amendment or convene its own public hearing on the proposed text amendment.

The municipal Clerk shall notify, by mail, the petitioner of the action taken by the governing body.

If the governing body approves the amendment, supplement, change or modification to the text of this chapter, the Zoning Code shall be amended after publication as required by local law.

§ 300-61.7 Review criteria.

In reviewing and making decisions on Zoning Ordinance text amendments, the Code Enforcement Officer, Planning Board and governing body must consider at least the following criteria:

Whether the proposed Zoning Ordinance text amendment corrects an error or inconsistency in the Zoning Ordinance or meets the challenge of a changing condition;

Whether the proposed Zoning Ordinance text amendment is in substantial conformance with the adopted plans and policies of the municipality; and

Whether the proposed Zoning Ordinance text amendment is in the best interests of the municipality as a whole.

§ 300-61.8 Protest petitions.

In the case of a protest against any amendment, such amendment shall not become effective except in accordance with the provisions of Village or Town Law.

§ 300-62.1 Authority to file.

§ 300-62.2 Application filing.

§ 300-62.3 Notice of hearing.

§ 300-62.4 Planning Board review and report.

§ 300-62.5 Referrals.

§ 300-62.6 State Environmental Quality Review.

For Zoning Map amendment applications subject to SEQR requirements, all required environmental reviews must be completed before a public hearing is held and final action is taken on the amendment.

§ 300-62.7 Hearing and final action by governing body.

After receiving the report of the Planning Board, the governing body must convene a public hearing on the proposed Map amendment.

The municipal Clerk shall notify, by mail, the petitioner of the action taken by the governing body.

If the governing body approves the amendment, supplement, change or modification to district boundaries or classifications, the Zoning Map shall be amended after publication as required by local law.

§ 300-62.8 Review criteria.

In reviewing and making decisions on Zoning Map amendments, the Planning Board and governing body must consider at least the following criteria:

Whether the proposed Zoning Map amendment corrects an error or inconsistency in the Zoning Ordinance or meets the challenge of a changing condition;

Whether the proposed rezoning is in substantial conformance with adopted plans and policies affecting the area proposed to be rezoned;

Whether public facilities (infrastructure) and services will be adequate to serve development allowed by the requested rezoning;

Whether the rezoning will substantially harm the public health, safety or general welfare or the value of nearby properties;

Whether the rezoning is compatible with the zoning and use of nearby property;

The suitability of the subject property for the uses and development to which it has been restricted under the existing zoning regulations; and

§ 300-62.9 Protest petitions.

A protest petition will be considered "valid" if it is signed by:

The owners of 20% or more of the area of land included in such proposed change; or

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

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.

When a valid protest petition has been submitted, approval of a Zoning Map amendment requires a majority plus one vote of those governing body members.

§ 300-63.1 Intent.

§ 300-63.2 Applicability.

Site plan review shall not be required for the:

Maintenance of existing sign structures in all districts and the placement of signs in all districts; and

Placement of a mobile home or manufactured home on a single lot or in an approved mobile home or manufactured home park.

Single and two-family residential uses.

Minor site plan review requires only Planning Department approval and shall be required for:

The placement of accessory structures such as generators, toolsheds, HVAC equipment, transformers, or compressors;

Additions to buildings and uses that do not require additional off-street parking spaces.

Altering the location of any circulation element by not more than 10 feet or 0.1 of the distance shown on the approved plan between such circulation element or any structure, whichever is less.

Reducing the yard area or open space associated with any single structure by not more than 5%.

Altering any final grade by not more than 5% of the originally planned grade.

Modification of landscaping, as long as screening intent is maintained.

Minor modifications. Minor modifications shall be limited to the following and shall be exempt from the procedures outlined in Article 63.3:

Error correction that does not alter the site plan.

Modifications that are not in violation of this chapter.

Changes that do not affect overall site layout or properties outside of the site.

§ 300-63.3 Procedure.

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 Town or Villages.

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.

(7)

(8)

Projected number of seating or employees, if needed, to determine the number of parking spaces.

(9)

Any wetlands and/or floodable area included in the one-hundred-year floodplain.

(10)

A topographic survey extending 50 feet beyond the property line may be required.

(11)

(12)

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 Broome County Department of Health.

(13)

Existing major vegetation (trees and shrubs) and proposed landscaping treatment, including species, location, and planting size and full-growth size.

(14)

Drawings or sketches which illustrate the height, bulk, and design characteristics of the proposed building, and indicate major materials to be used.

(15)

Location and type of exterior lighting, and location and dimension of exterior signs, including ground and wall signs.

(16)

Projected number of seating or employees, if needed, to determine the number of parking spaces.

(17)

Any other information required by the Planning Department to explain the proposal.

(18)

Application form, project narrative form, SEQR documentation.

(19)

Developer's clause: