Fair Haven Village City Zoning Code
ARTICLE VIII
Administration and Enforcement
§ 150-29 Zoning Officer.
The provisions of this chapter shall be administered and enforced by the Zoning Officer, who shall be appointed by the Trustees, or his duly appointed assistant. It shall be the duty of the Zoning Officer and he shall have the power to:
A.
Receive and examine applications for zoning permits and refer any applications to the Planning Board for review and recommendations, when deemed advisable.
B.
Issue zoning permits after approval and certification of occupancy only when there is a compliance with the provisions of this chapter and with other local laws; provided, however, that the issuance of a zoning permit shall not be deemed a waiver of the requirements of any other local law.
C.
Receive applications for special permits and forward these applications to the Planning Board for action thereon.
[Amended 4-22-2019 by L.L. No. 2-2019]
D.
Following refusal of a permit, receive applications for appeals from alleged error of the Zoning Officer and variances and forward these applications to the Zoning Board of Appeals for action thereon.
[Amended 4-22-2019 by L.L. No. 2-2019]
E.
Conduct inspections and surveys to determine compliance or noncompliance with the terms of this chapter.
F.
Issue stop, cease and desist orders and order in writing corrections of all conditions found to be in violations of the provisions of this chapter. Such written orders shall be served personally or by certified mail upon persons, firms or corporations deemed by the Zoning Officer to be violating the terms of this chapter. It shall be unlawful for any person to violate any such order lawfully issued by the Zoning Officer, and any person violating any such order shall be guilty of a violation of this chapter.
G.
With the approval of the Trustees, or when directed by them, institute in the name of the Village any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, or to restrain, correct or abate such violation, so as to prevent any illegal act, conduct, business or use in or about such premises.
H.
Revoke by order a zoning permit issued under a mistake of fact or contrary to the law or the provision of this chapter.
I.
Maintain a map showing the current zoning classification of all land.
J.
Upon the request of the Trustees, the Planning Board or the Zoning Board of Appeals, present to such bodies facts, records or reports which they may request to assist them in making decisions.
[Amended 4-22-2019 by L.L. No. 2-2019]
§ 150-30 Zoning permits.
A.
No structure shall be erected, constructed, reconstructed, extended or moved, and no land or building changed in use, until a zoning permit has been secured from the Zoning Officer. Upon completion of changes in use or construction, reconstruction, extension or moving of structures, the applicant shall notify the Zoning Officer of such completion.
B.
No permit shall be considered as complete or as permanently effective until the Zoning Officer has noted on the permit that the work or occupancy and use has been inspected and approved as being in conformity with the provisions of this chapter.
C.
Zoning permits shall not be required for general maintenance work; painting; clearing woodlands; building ponds; tilling the soil; constructing fences, terraces, steps or other similar features; and landscaping. However, all such activities shall conform with the requirements of this chapter.
D.
Zoning permits shall be issued with a one-year life; provided, however, that if the work is not commenced within six months after the issuance of the zoning permit, the permit shall automatically expire, and a new permit shall be required before such work or change in uses commences.
E.
NOTE: There are special provisions for issuance of zoning permits in areas designated as flood hazard area by the Federal Emergency Management Agency. The Zoning Officer, when reviewing applications for zoning permits in these areas of any district, including plans and specifications for the proposed construction, shall, in addition to the regular duties, review all zoning permit applications to determine if the proposed construction is consistent with the need to minimize flood damage.[1]
[1]
Editor's Note: See also Ch. 68, Flood Damage Prevention.
§ 150-31 Certificate of occupancy required.
No land shall be used or occupied and no building hereafter erected, altered or extended shall be used or changed in use until a certificate of occupancy shall have been issued by the Zoning Officer stating that the building or proposed use thereof complies with the provisions of this chapter and any other pertinent local law.
§ 150-32 Zoning permit application requirements.
A.
All applications for zoning permits shall be made in writing by the owner, tenant, and vendee under contract of sale or authorized agent on a form supplied by the Village and shall be filed with the Zoning Officer. The application shall include:
(1)
A statement as to the proposed use of the building or land.
(2)
A site layout drawn to scale showing the location, dimensions and height of proposed buildings, structures or uses and any existing buildings in relation to property and street lines.
(3)
The number, location and design of parking spaces and loading spaces, if applicable.
(4)
The size, dimensions, location and methods of illuminations for signs, if applicable.
(5)
Any additional plans and information reasonably necessary for the Zoning Officer to ascertain whether the proposed use, change in use, erection, alteration or addition complies with the provisions of this chapter.
B.
A permit for any new use or construction which will involve the on-site disposal of sewage or waste or change in use or an alteration which will result in an increase volume of sewage or waste to be disposed of on the site or which will require a new or modified water supply shall not be issued until a certificate of approval has been issued by the Cayuga County Health Department.
§ 150-33 Issuance of zoning permits.
Zoning permits shall be granted or refused within 15 days after the written application has been filed with the Zoning Officer, except as provided for special permit applications. Upon completion of the activity authorized by any zoning permit, the holder of such permit shall notify the Zoning Officer of such completion.
§ 150-34 Zoning permit fees.
The applicant for a zoning permit shall, at the time of making application, pay to the Clerk, for the use of the Village, a fee in accordance with a fee schedule adopted by resolution of the Trustees upon the enactment of this chapter or as such schedule may be amended by resolution of the Trustees.[1]
[1]
Editor's Note: The currently effective fee schedule is on file in the office of the Village Clerk, where it may be examined during regular business hours.
§ 150-34.1 Residency of Zoning Officer.
[Added 10-12-2004 by L.L. No. 1-2004]
A person in order to hold the office of Zoning Officer for the Village of Fair Haven need not be a resident of the Village of Fair Haven but must be a resident of Cayuga or any other County adjoining the County of Cayuga. This provision is intended to and shall supersede the residency requirement of § 3 (1) of the Public Officers Law of the State of New York.
§ 150-35 Zoning Board of Appeals established.
In order that the objectives of this chapter may be more fully and equitably achieved and as a means for competent interpretations of this chapter, there is established a Zoning Board of Appeals for the Village.
§ 150-36 ZBA procedures, minutes, records and decisions.
A.
Procedures. The Trustees shall appoint a Chairman, and the Zoning Board of Appeals shall appoint a Secretary and shall prescribe rules in accordance with the provisions of the state statutes and this chapter for the conduct of its affairs.
B.
Meetings. Meetings shall be held at the call of the Chairman and at such other times as the Zoning Board of Appeals shall specify in its rules and procedures.
C.
Records and decisions. Minutes shall be recorded of all proceedings which shall contain evidence and data relevant to every case considered together with the votes of the member and the final dispositions of each case. Every decision of the Zoning Board of Appeals shall bear the signatures of a majority of the members of the Zoning Board of Appeals on the original thereof. All decisions of the Zoning Board of Appeals shall be permanently filed with the official Village records. The Zoning Board of Appeals shall notify the Trustees, Planning Board and the Zoning Officer of all decisions and resolutions.
§ 150-37 Notice of hearings.
[Amended 4-22-2019 by L.L. No. 2-2019]
Upon filing with the Zoning Board of Appeals an application for a variance or appeal from alleged error of the Zoning Officer, the Board shall fix a reasonable time and place for a public hearing thereon and give notice as follows:
A.
At least five days prior to the date fixed for public hearing, the Board shall publish in the official paper a description of the location of the building or lot and the general nature of the questions involved. At least five days before the hearing the Board shall mail notices thereof to the parties and to the Regional State Park Commission having jurisdiction over any state park or parkway within 500 feet of the property affected by such appeal.
§ 150-38 Appeals from alleged error of Zoning Officer.
The Zoning Board of Appeals shall hear and decide appeals where it is alleged there is an error in any order, requirements, decision or determination, including any order requiring an alleged violator to stop, cease and desist, made by the Zoning Officer in the enforcement of this chapter.
§ 150-39 Variances.
A.
The Zoning Board of Appeals shall have the power to authorize, upon appeals in specific cases, such variance from the terms of this chapter as will not be contrary to public interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done.
B.
The applicant shall have the burden of proof in establishing his right to a variance.
C.
In reaching its decision, the Board shall be guided by the following standards:
(1)
The granting of the variance shall be in harmony with the general purpose and intent of this chapter and shall not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(2)
There must be proof of unique circumstances. These are special circumstances or conditions, fully described in the findings, applying to the land or buildings for which the variance is sought, which circumstances or conditions are peculiar to such land or buildings in the neighborhood, and said circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or building.
(3)
There must be proof of unnecessary hardship. If the hardship is general, that is, if it is shared by neighboring property, relief can be properly obtained only by legislative action.
(4)
The granting of the variance is necessary for the reasonable use of the land or building, and the variance, as granted by the Board, is the minimum variance that will accomplish this purpose. It is not sufficient proof of hardship merely to show that greater profit would result if the variance were awarded. Furthermore, hardship complained of cannot by self-created; it cannot be claimed by one who purchases with or without knowledge of restrictions; it must result from the application of this chapter; it must be suffered directly by the property in question; and evidence of variance granted under similar circumstances shall not be considered.
D.
The Board may prescribe any safeguard that it deems to be necessary to secure substantially the objectives of the regulation or provisions to which the variance applies.
§ 150-40 Powers and duties of Planning Board.
A.
Special permits.
(1)
The Planning Board shall conduct a public hearing within 62 days from the day an application is received on any matter referred to it under this section. Public notice of said hearing shall be printed in a newspaper of general circulation in the Village at least five days prior to the date thereof. The Planning Board shall decide upon the application within 62 days after the hearing. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Board.
[Amended 4-22-2019 by L.L. No. 2-2019]
(2)
The applicant shall have the burden of proof in establishing his right to a special permit.
(3)
General requirements and standards applicable to all special permits:
(a)
The Board shall grant a special permit when it finds adequate evidence that any proposed use submitted for a special permit will meet all of the following general requirements and standards listed for the other proposed use. The Board shall, among other things, require that any proposed use be:
[1]
In the best interests of the Village, and the convenience of the community and the public welfare and not be a detriment to the immediate neighborhood.
[2]
Suitable for the property in question and designed, constructed, operated and maintained so as to be in harmony with and appropriate in appearance with the existing or intended character of the general vicinity.
[3]
In conformance with all applicable requirements of this chapter.
[4]
Suitable in terms of effects on street or highway traffic and safety, with adequate access arrangements to protect major streets from undue congestion and hazard.
(b)
In granting a special use permit, the Planning Board may impose whatever conditions regarding layout, circulation and performance it deems necessary to ensure that any proposed developments will secure substantially the objectives of this chapter. These conditions may include but are not limited to the following:
[1]
Increasing the required lot size or yard dimension.
[2]
Limiting the height, size or location of buildings.
[3]
Controlling the location and number of vehicle access points.
[4]
Increasing the number of required off-street parking spaces.
[5]
Limiting the number, size, location and lighting of signs.
[6]
Requiring fencing, screening, landscaping or other facilities to protect adjacent or nearby property.
[7]
Designating sites for open spaces.
(4)
Specific requirements and standards applicable to certain uses requiring a special use permit:
[Added 4-22-2019 by L.L. No. 2-2019]
(a)
Accessory buildings. For the purposes of this section, accessory buildings do not include sheds as defined, regulated, and permitted under Chapter 117 of the Village of Fair Haven Code.
[1]
Minimum yard regulations.
[a]
Unattached accessory buildings in residential districts and accessory buildings which are not attached to a principal building shall be erected only in accordance with the following restrictions:
[i]
No accessory buildings shall be located closer than 10 feet to the side and rear lot lines.
[ii]
No accessory building shall be located closer to the street than the street wall of the principal building, bay front property exempted.
[iii]
No accessory building shall be located closer to a principal building than 10 feet.
[b]
Attached accessory buildings in residential districts. When an accessory building is attached to the principal building, it shall comply in all respects with the requirements of this chapter applicable to the principal building.
(b)
Automotive business. Automotive businesses, including the repair of vehicles and sale of gasoline and other products for automobiles, but not including junkyards or parts-reclamation businesses.
[1]
All activities, except those required to be performed at fuel pumps, shall be carried on within a completely enclosed building.
[2]
Fuel pumps may be located within the front yard area of the lot, but shall be at least 15 feet from any right-of-way.
(c)
Bay front recreational businesses.
[1]
The bay front recreational businesses enumerated herein shall be permitted by special permit (see § 150-40):
[a]
Marine uses:
[i]
Marinas.
[ii]
Boat and marine engine repair.
[iii]
Gas docks.
[iv]
Fishing and boating supplies.
[b]
Private club and joint access area, a "joint access area" being a single parcel of land cooperatively owned for the purpose of obtaining access to the bay for recreation.
[c]
Seasonal lodging:
[i]
Rental cottages.
[ii]
Motels and hotels.
[2]
Bay front recreational businesses shall be established only upon lots no smaller than three acres and having no less than 200 feet of frontage upon the bay.
[3]
Such businesses shall demonstrate that the design and materials of the structure and landscaping would be consistent with the natural and man-made surroundings.
[4]
Such businesses shall comply with the buffer strip requirements in § 150-8D(2).
[5]
Additionally, it is desirable to demonstrate that the proposed activity will be compatible with and not made impractical by the natural environment in which it will be located. The applicant shall so demonstrate by providing documentation, where applicable, regarding the relationship between the proposed activity and the following environmental factors:
[a]
Physical character of the site:
[i]
Slope.
[ii]
Depth to water table.
[iii]
Unique or unusual land forms.
[iv]
Depth to bedrock.
[v]
Soil types.
[vi]
Flooding potential.
[vii]
Wetlands.
[viii]
Surface water.
[ix]
Drainage.
[x]
Adjacent land uses.
[xi]
Other factors set forth by the reviewing agency.
[b]
Natural resources:
[i]
Plant and wildlife.
[ii]
Historic resources.
[iii]
Visual settings.
[iv]
Air quality.
[v]
Water quality.
[vi]
Open space.
[vii]
Mineral resources.
[viii]
Other factors set forth by the reviewing agency.
[c]
Socioeconomic:
[i]
Transportation patterns.
[ii]
Unique energy requirements.
[iii]
Noise.
[iv]
Drinking water.
[v]
Sanitary disposal.
[vi]
Community growth patterns, including impacts on schools and municipal facilities.
[vii]
Other factors set forth by the reviewing agency.
(d)
Bed-and-breakfast. In order to protect the residential character of the district in which it is located, a bed-and-breakfast facility shall be limited by the following criteria:
[1]
A bed-and-breakfast shall only be permitted in a single-family, detached dwelling per the New York State Uniform Fire Prevention and Building Code requirements.
[2]
The residential character of the dwelling shall be preserved and no structural alterations, construction features, or site features of a nonresidential nature shall be incorporated.
[3]
The owner or operator of the bed-and-breakfast shall live full-time on the premises when the business is open per the New York State Uniform Fire Prevention and Building Code requirements.
[4]
A bed-and-breakfast shall have a maximum of five guest rooms per the New York State Uniform Fire Prevention and Building Code requirements.
[5]
The maximum length of stay for any guest is 30 consecutive days per the New York State Uniform Fire Prevention and Building Code requirements.
(e)
Conversion of a one-family dwelling to a two-family dwelling.
[1]
Upon completion of the conversion, the converted dwelling shall meet all requirements of this chapter applicable to two-families.
(f)
Drive-through service as part of a business.
[1]
A drive-through service window and associated travel lane are permitted only on the rear or side of the building; and shall not be located parallel to Main Street between the sidewalk and the build-to line for the building.
[2]
The travel lane must provide stacking for a minimum of three vehicles.
[3]
The drive-through service window and associated travel lane shall be designed to coordinate traffic flow, parking and stacking requirements, and shall not interfere with the pedestrian travel way.
(g)
Home occupation.
[1]
The home occupation shall be carried on wholly indoors and within the principal building or within a building or other structure accessory thereto.
[2]
There shall be no use of show windows or displays or advertising visible outside the premises to attract customers or clients other than the home occupation announcement signs as permitted.
[3]
There shall be no exterior storage of materials.
[4]
No external alterations, additions or changes to the structure shall be permitted in order to accommodate or facilitate a home occupation.
[5]
No articles shall be sold or offered for sale except such as may be produced on the premises.
[6]
No repetitive servicing by truck for supplies and material shall be required.
[7]
The floor area devoted to home occupation shall not be more than 25% of the ground area of the principal residential structure or 500 square feet.
[8]
In particular, a home occupation includes but is not limited to the following: art studio, professional office of a physician, dentist, lawyer, engineer, architect, writer or accountant.
[9]
Among the uses that shall not be interpreted to be home occupations are the following: animal hospital, commercial stables and kennels, funeral parlor, antique shop and restaurant.
[10]
All accessory uses shall be subject to the off-street parking requirements of this chapter.
[11]
All accessory uses shall be subject to the sign requirements of this chapter.
(h)
Institutional and educational uses.
[1]
Completely detached buildings on the same lot shall be not less than 20 feet from one another.
(i)
Manufactured home park.
[1]
Subject to provisions of Chapter 91, Manufactured Homes, of the Code of the Village of Fair Haven.
(j)
Multiple-family dwelling.
[1]
There shall be 15,000 square feet of lot area for the initial three dwelling units with 100 feet of road frontage. The minimum lot area shall be increased by at least 2,000 square feet for each additional dwelling unit over three.
[2]
A minimum of 1.8 square feet of landscaped open space shall be required for each square foot of floor area devoted to multiple-family use. A minimum of 0.13 square feet of recreation space shall be required for each square foot of floor area devoted to multiple-family use.
(k)
Private club. A private club or lodge for members only and operated not-for-profit, subject to the following provisions:
[1]
No buildings shall be closer than 20 feet to any lot line.
[2]
In the Bayfront District the following shall apply:
[a]
Private club and joint access area, a "joint access area" being a single parcel of land cooperatively owned for the purpose of obtaining access to the bay for recreation.
(l)
Religious, sectarian and nonsectarian, denominational, private or public school, not conducted as a private gainful business.
[1]
The minimum lot size shall be three acres.
[2]
All buildings shall be not less than 100 feet from any lot line.
[3]
Completely detached buildings on the same lot shall be not less than 20 feet from one another.
(m)
Two-family detached dwelling.
[1]
Must be on a separate lot.
[2]
The total lot area may not be less than the minimum lot required for a one-family detached dwelling for the district.
B.
Site plan review.
(1)
Sketch plan. A sketch plan conference may be held between the Planning Board and the applicant prior to the preparation and submission of the formal site plan. The intent of such a conference is to enable the applicant to inform the Planning Board of his/her proposal prior to the preparation of a detailed site plan; and for the Planning Board to review the basic site design concept, advise the applicant as to potential problems and concerns and to generally determine the information to be required on the site plan. In order to accomplish these objectives, the applicant should provide the following:
(a)
A statement and rough sketch showing locations and dimensions of principal and accessory structures, parking area, access signs (with descriptions), existing and proposed vegetation, and other planned features; anticipated changes in the existing topography and natural features; and where applicable, measures and features to comply with flood hazard and flood insurance regulations;
(b)
A sketch or map of the area which clearly shows the location of the site with respect to nearby streets, right of ways, properties, easements and other pertinent features; and
(c)
A topographic or contour map of adequate scale and detail to show site topography.
(2)
Application for site plan approval. An application for site plan approval shall be made in writing to the Chairman of the Planning Board and shall be accompanied by information on the following checklist. Where the sketch plan conference was held, the accompanying information shall be drawn from the following checklist as determined by the Planning Board at said sketch plan conference.
(a)
Site Plan Checklist:
[1]
Title of drawings including name and address of applicant and person responsible for preparation of such drawing;
[2]
North arrow, scale and date;
[3]
Boundaries of the property plotted to scale;
[4]
Existing watercourses;
[5]
Grading and drainage plan, showing existing and proposed contours;
[6]
Location, design, type of construction proposed use and exterior dimensions of all buildings;
[7]
Location, design and type of construction of all parking and truck loading areas, showing access and egress;
[8]
Provision for pedestrian access;
[9]
Location of outdoor storage, if any;
[10]
Location, design and construction materials of all existing or proposed site improvements including drains, culverts, retaining walls and fences;
[11]
Description of the method of sewage disposal and location, design and construction materials of such facilities;
[12]
Description of the method of securing public water and location, design and construction of such facilities;
[13]
Location of fire and other emergency zones, including the location of fire hydrants;
[14]
Location, design and construction materials of all energy distribution facilities, including electrical, gas and solar energy;
[15]
Location, size and design, and type of construction of all proposed signs;
[16]
Location and proposed development of all buffer areas, including existing vegetative cover;
[17]
Location and design of outdoor lighting facilities;
[18]
Identification of the location and amount of building area proposed for retail sales or similar activity;
[19]
General landscaping plan and planting schedule;
[20]
An estimated project construction schedule;
[21]
Record of application for approval status of all necessary permits from state and county officials;
[22]
Identification of any state or country permits required for the project's execution;
[23]
Other elements integral to the proposed development as considered necessary by the Planning Board.
(3)
Review of site plan. The Planning Board's review of the site plan shall include, as appropriate, but is not limited to, the following general considerations:
(a)
Location, arrangement, size and general site compatibility of building, lighting and signs.
(b)
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.
(c)
Location, arrangement, appearance and sufficiency of off street parking and loading.
(d)
Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.
(e)
Adequacy of stormwater and drainage facilities.
(f)
Adequacy of water supply and sewage disposal facilities.
(g)
Adequacy, type and arrangement of trees, shrubs, and other landscaping constituting a visual and/or noise buffer between the applicant's and adjoining lands, including the maximum retention of existing vegetation.
(h)
Adequacy of fire lanes and other emergency zones and the provisions of fire hydrants.
(i)
Special attention to the adequacy and impact of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
(4)
Planning Board action on site plan. Within 45 days of the receipt of an application for site plan approval, the Planning Board shall render a decision, file said decision to the Village Clerk and mail such decision to the applicant with a copy to the Zoning Officer. The time within which such a decision must be rendered may be extended by mutual consent of the applicant and the Planning Board.
(a)
Upon approval of the site plan and payment by the applicant of all fees and reimbursable costs due to the Village, the Planning Board shall endorse its approval on a copy to the applicant, Zoning Officer, and file same with the Village Clerk.
(b)
Upon disapproval of a site plan, the Planning Board shall so inform the Zoning Officer and the Zoning Officer shall deny a zoning permit to the applicant. The Planning Board shall also notify the applicant in writing of its decision and its reasons for disapproval. Such disapproval shall be filed with the Village Clerk.
(5)
Reimbursable costs. Reasonable and necessary costs incurred by the Planning Board for consultation fee or other extraordinary expenses in connection with the review of a proposed site plan shall be charged to the applicant.
(6)
Performance guaranty. No certificate of occupancy shall be issued until all improvements shown on the site plan are installed or a sufficient performance guaranty has been posted for improvements not yet completed. The sufficiency of such performance guaranty shall be determined by the Village Board after consultations with the Planning Board, Zoning Officer, Village Attorney and other appropriate parties.
(7)
Inspections of improvements. The Zoning Officer shall be responsible for the overall inspection of site improvements including coordination with the Planning Board and other officials and agencies, as appropriate.
(8)
Integration of procedures. Whenever the particular circumstances of proposed development require compliance with either the special use procedure in this chapter or other requirements of the Village, the Planning Board shall attempt to integrate, as appropriate, site plan review as required by this section with the procedural and submission requirements for such other compliance. In addition to the standards for site plan review set forth in Subsection B above, the Planning Board may, when it deems it necessary and pertinent to a full understanding of the particular proposal, require information regarding the production, emission, or transmission into the general neighborhood of dust, smoke, refuse, odor, gas, fumes, noise, vibration, or similar substance or conditions.
C.
Special Development District.
(1)
The Planning Board shall advise the Village Board regarding the establishment of Special Development Districts (SDD) and review those uses and developments permitted by the Village Board as a SDD to determine compliance with applicable conditions of this chapter and the SDD.
(2)
An SDD shall be established only when the purposes, objectives and procedures are met.
(a)
Purpose. In Special Development Districts (SDD), land and buildings may be used for any lawful purpose in those districts authorized by this chapter. The purpose of the SDD is to provide flexible land use and design regulations through the use of performance criteria and land impact considerations, so that developments incorporating individual building sites, common property, singular land use, and/or mixed land uses may be planned and developed as a unit. Where deemed appropriate, the Village Board may consider a proposed special development requiring a zoning district change from the original district to an SDD, in which the approved plan and a complete set of use and dimensional regulations become the basis for continuing land use controls.
(b)
Objectives. In order to carry out the purpose of this article, an SDD shall achieve at least the following objectives:
[1]
Work as a concentrated whole unit, being self-contained and nonconducive to expansion outside its boundaries at a future date, unless such expansion when added to the original SDD can act with it to create a larger self-contained unit.
[2]
Provide open space as an integral part of the plan.
[3]
Provide convenient location of commercial and service areas.
[4]
Preserve trees, outstanding natural topography and geologic features.
[5]
Make creative use of land and related physical development which allows an orderly transition of land from rural to more urban uses.
[6]
Make efficient use of land resulting in smaller networks of utilities and streets and thereby lowering costs for construction, maintenance and housing.
[7]
Provide a development pattern in harmony with objectives of the Village and County Master Plans.
[8]
Provide a more desirable environment for dwelling, working, and/or recreation than would be possible through strict application of the regulation of this chapter.
(c)
General requirements.
[1]
Minimum area. Under normal circumstances, the minimum area requirements for an SDD shall be three contiguous acres of land, unseparated by existing streets, highways or other properties.
[2]
Ownership. The tract of land for the SDD shall be owned under legal option by the applicant who may be a single person, corporation, or a group of individuals or jointly by the owners of all property included in the SDD. In the case of multiple owners, the approved plan shall be binding on all owners.
[3]
Location. The SDD shall be applicable in the AR District of the Village of Fair Haven where the applicant can demonstrate that the characteristics of his holdings will meet the objectives of this section and the spirit of this chapter. An SDD proposal must demonstrate compatibility with the surrounding land uses, neighborhood character, and traffic pattern, capacity and volume.
[4]
Permitted uses. The use of land and buildings in an SDD may be for any lawful purpose as authorized by the Village Board in accordance with the procedures of this section; the following general uses, or combinations thereof, may be considered.
[a]
Residential uses. Residences may be a variety of types. In developing a balanced community, the use of a variety of housing types and densities shall be deemed most in keeping with the objectives of this section and the applicant shall demonstrate that he is reaching as broad an economic market as possible.
[b]
Commercial, service and other nonresidential uses in a primarily residential SDD. These uses may be permitted (or required) where such uses are scaled primarily to serve the residents of the residential SDD. Consideration shall be given to the project as it exists in its larger setting in determining the appropriateness of such uses. In no case shall more than 25% of the gross site area be permitted for commercial uses, services or nonresidential uses other than open space and nonprofit recreation.
[c]
Commercial uses. If designed and organized toward the purposes and objectives of this section, an SDD with commercial uses as the major land use may be approved.
[d]
Industrial uses. If designed and organized toward the purpose and objectives of this section, an SDD with industrial uses as the major land use may be approved.
[5]
Intensity of land use. Relatively high land use intensity of dwelling unit density may be permitted if it is demonstrated that a good overall dwelling, working and/or recreational environment is thereby produced. In determining the suitability of land use intensity or dwelling unit density proposed for an SDD, each case shall be considered separately. Proposed land use intensity ratings and/or dwelling unit densities shall be completely documented by all facts, opinions and judgments used to justify the selection of the intensity rate or unit density.
[6]
Common property. "Common property" in an SDD is a parcel or parcels of land, together with the improvements thereon, the use and enjoyment of which is shared by the owners and occupants of the individual building sites. When common property exists (and such may be required), the ownership of such common property may either by public or private; when common property exists by public or private ownership, satisfactory arrangements shall be made for the improvement, operation and maintenance of such common properties and facilities thereon, including but not limited to private streets, drives, service and parking areas, open space and recreation areas.
(d)
Application procedures for SDD approval. For full approval of a proposed SDD the applicant shall:
[1]
Secure a zoning district change for his property from its present district to a Special Development District, which process shall be that of amending the zoning law and map to include the proposed SDD plan and all the related specifications, and use and dimensional regulations specific thereto;
[2]
After the zoning district change, it shall be required that the subdivision and platting of all lands in the proposed SDD be subject to this chapter; and
[3]
Before construction and occupancy of buildings or land, the proper permits shall be secured by the applicant in accordance with Article VIII of this chapter. When any SDD is proposed, before any permit for erection of a permanent building in such SDD shall be granted, and before any subdivision plat or any part thereof may be filed in the Cayuga County Clerk's Office, the applicant or his authorized agent shall apply for and secure approval of such SDD in accordance with the following specific procedures:
[a]
Preapplication discussion stage. Prior to formal application, the applicant shall present the proposed SDD to the Village Planning Board in rough sketch and written descriptive form to get the initial opinions concerning the suitability of the concepts, and general elements of the development, and to make sure the required procedures for the SDD application are fully understood by the applicant. In this stage it is advised that most of the items in Subsection C(2)(d)[3][b] be addressed at least in rough form by the applicant. No approval at this stage shall be considered binding.
[b]
Applications for SDD zoning. Application for the establishment of an SDD shall be made to the Village Board in plan (drawn to scale) and written report form. Prior to the Village Board action, to ensure that the proposed SDD is within the intent of the comprehensive planning activities of the Village, the Village Board shall immediately after receiving the application refer it for the purpose of review and recommendations to the Village Planning Board, which shall have 30 days from its next regularly scheduled meeting within which to report. As deemed appropriate, either the Village Board or the Village Planning Board may submit the SDD application to the Cayuga County Planning Board for an informal review. As applicable in accordance with §§ 239-l and 239-m of Article 12-B of the New York State Municipal Law, the Village Board shall refer to the SDD application for formal review and recommendations to the Cayuga County Planning Board which shall have 30 days or an agreed-upon longer period from its next regularly scheduled meeting within which to submit its report. If either Planning Board does not report to the Village Board within the specified time period, their inaction shall be construed as them having no recommendations.
[c]
Public hearing. Within 45 days after receiving a report from the Village Planning Board, the Village shall schedule and conduct a public hearing for the purpose of considering the change in zoning district to SDD for the applicant's plan in accordance with procedures required under New York State Village Law.
[d]
Village Board action. Within 45 days after a public hearing, the Village Board shall render its decision on the SDD application. If the Village Board grants SDD zoning, the Zoning Map shall be so notated, and the local law shall be amended in order to define the legal boundaries of the SDD, but such action shall have the effect only of granting permission for development of the specific proposed land use in accordance with the use and dimensional specifications, plans and related material, filed with the Village Board and related to the specific SDD; such specifications, plans and related materials to include, if deemed necessary by the Village Board, to protect the public health, safety and welfare of the Village, any conditions and requirements for the applicant to meet. The approved plan and the related attachments shall be deemed an amendment to this chapter and shall serve as continuing land use controls for the specific Special Development District; the first zoned SDD shall be designated "SDD 1," with consequent unrelated developments districts to be numbered in continuing sequence.
[e]
Annual review of SDD. During the development stages the Village Board shall review the SDD annually in order to determine the amount and quality of the progress made by the developer toward fulfilling the specifications and plans and any attached conditions. Based upon the progress made by the developer, the Village Board may reconsider the SDD and further amend this chapter in relation to it, if progress is not in keeping with the staging approved by the Village Board.
[f]
Minimum plan requirements. In order for the Village Board to adequately evaluate the SDD proposal, the application (in its plan and written report form) shall address the following areas, and the information shall be furnished therein in a reasonably complete manner.
[i]
Project particulars. Shall include the name and location of the project; name(s) and address(es); a legal description of the property; the names of the owners of abutting properties.
[ii]
Type of development. The type of development shall be fully described, including at least the following information:
[A]
Residential. Total acreage of residential area and each residential portion of the development; total number of dwelling units and number in each residential portion percentage and number of dwelling units by type (single-family, garden apartments, townhouses, etc.); dwelling unit; density per gross site acreage; estimated population of the development and estimated number of school age children.
[B]
Commercial. Total acreage of commercial area; gross leasable floor area in square feet; general description of commercial types and their general requirements for receiving and delivering goods.
[C]
Industrial. The total acreage of industrial area; types of industry and industrial processes involved; source, type, general quantities and method of shipment for raw materials; general quantities and method of shipment for products; types of wastes and residuals.
(3)
Stage of development. Description of plan and in written report of the planned staging of the project (and such staging may be required).
(4)
Natural site. A description of the natural site shall be included with at least the following information: soil characteristics and limitations; extent of and treatment intended for the site's vegetative cover (especially trees); topographical features (on topographic map at ten-foot contour intervals); existing and proposed site drainage; foreseeable needs of the site for construction precautions; the projected effects upon the ground and surface waters of the site and community; possible air pollution hazards.
(5)
Site planning and design considerations. Descriptions and illustrations of the following: site ingress and egress; parking; on-site pedestrian and vehicular circulation; general landscaping treatment; general location and arrangement of buildings and other structures; refuse storage and removal facilities; locations of all facilities, including public and private; and general visual description.
(6)
Transportation and traffic. Descriptions of at least the following: existing streets serving the area; level of service provided by existing streets in terms of traffic counts and street traffic capacities; expected modifications for existing street system required by project; estimated daily automobile trips generated by the residential and other uses; availability of public transportation to site; design consideration for deterring on-site and area traffic congestion.
(7)
General market information. Describe the need for the proposed land uses; their proposed locations and their proposed quantities; and the intended market structure for the residential units (prices and rents, describe whether low-income, middle-income, luxury, etc.)
(8)
Projected fiscal impacts on Village. Calculations of projected Village revenues and costs to be expected by the Village as a result of the proposed development.
(9)
Utilities and related services. Describe the following and detail their intended locations on the plan(s): the method and projected quantities of wastewater (sewage) from the development; demand and source of supply for water; level of service needed and available for fire protection; demands for and availability of gas and electric; projected quantities of and method of disposal for solid wastes.
(10)
General effects of development on neighborhood and community appearance and land use. Description of effects on the appearance; relationship of project to predominant character and land use in area (compatibility).
(11)
Relationship of proposed SDD to official Village and county development policies. Information on how the proposed SDD relates to the local and area wide goals and policies as stated in plans and regulations.
(12)
Development, operation and maintenance of open space and common properties. A general statement concerning the responsibility for these and proposed methods for their implementation.
(13)
Developer competence. Evidence in the applicant's behalf to demonstrate his competence to carry out plan and his awareness of the scope of the project, physical/financial.
(14)
Other. Any other such information as the Village Board deems to be reasonably pertinent to the adequate consideration and evaluation of the proposed project.
(15)
Design standards and specific requirements. When an SDD has been approved by the Village Board, the Planning Board shall conduct such project specific reviews as may be necessary. These shall include determination of compliance with such special conditions enumerated in this chapter as are made applicable to the SDD under consideration.
D.
Other. The Planning Board shall have such other powers and duties as specified within this law, Laws of the State of New York and as conferred by the Village Board of Fair Haven.
§ 150-41 Actions of Board in exercising powers.
In exercising the above-mentioned powers, the Board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirements, decision or determinations, including a stop order or orders to cease and desist as ought to be made. Notice of such decision shall forthwith be given to all parties in interest.
§ 150-42 Who may appeal.
Appeals to the Board of Appeals may be taken by any person or official aggrieved or affected by any provision of this chapter or by any decision, including any order to stop, cease and desist issued by the Zoning Officer in enforcing the provisions of this chapter.
§ 150-43 Rules and procedures for filing of appeals and applications.
A.
General rules and procedures for appeals and applications
(1)
Any appeal shall be made by filing the same with the Zoning Officer within 30 days after the date of the Zoning Officer's adverse decision.
(2)
All appeals and applications made to the Board shall be in writing on standard forms prescribed by the Board.
(3)
All appeals and applications shall refer to the specific provisions of this chapter involved.
(4)
All appeals and applications shall set forth names and addresses of all adjoining owners, including those across public roads from the subject property.
B.
Appeals from alleged error. Appeals form alleged error of the Zoning Officer shall specify the alleged error, the section or sections of this chapter to which it pertains and the interpretations thereof that is claimed.
C.
Variance appeal. Appeals for variance from the strict application of this chapter shall include the zoning permit application denied by the Zoning Officer, together with a statement with any supporting evidence regarding the requirements listed.
D.
Special permit applications. Applications for special permits shall include a zoning permit application with all information required therein and a statement with any supporting evidence regarding the merits of the proposed use at the proposed location and how the proposal complies with the general and specific requirements of this chapter.
§ 150-44 Review of applications by Planning Board.
The Board of Appeals may request an advisory opinion from the Planning Board on all applications. The Planning Board will submit a report of such advisory opinion prior to the date of the public hearing held by the Board on an application.
§ 150-45 Appeals to court.
Any person or persons jointly or severally aggrieved by a decision of the Board of Appeals or any officer, department, board or bureau may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceeding shall be instituted within 30 days after the filing of a decision in the office of the Clerk.
§ 150-46 Appeal and application fees.
Appeals and applications before the Board of Appeals shall be accompanied by a payment to the Village in accordance with a fee schedule adopted by resolution of the Trustees upon enactment of this chapter or as such schedule may be amended by resolution.[1]
[1]
Editor's Note: The currently effective fee schedule is on file in the office of the Village Clerk, where it may be examined during regular business hours.
§ 150-47 Review of variance and special permit applications by County Planning Board.
The Boards shall refer variance and special permit applications to the County Planning Board in accordance with §§ 239-1 and 239-m of the New York State General Municipal Law.
§ 150-48 Compliance with environmental quality review regulations required.
No action shall be approved or disapproved by the Zoning Board of Appeals unless the applicant has complied with the State Environmental Quality Review Law.[1]
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.