Fayetteville City Zoning Code
ARTICLE IV
Application of District Regulations
§ 187-6 Conformity required.
[Amended 5-26-1998 by L.L. No. 3-1998]
Except as hereafter provided:
A.
No building, structure or land shall hereafter be used or occupied and no building, structure or part thereof shall be erected, moved or altered unless in conformity with the regulations herein specified for the district in which it is located.
B.
No part of a yard or other open space about any building or structure required for the purpose of complying with the provisions of this chapter shall be included as part of the yard or other open space similarly required for another building or structure.
§ 187-7 Statement of district regulations.
A.
R-1 Districts: One-Family Residential District. The following regulations shall apply in all R-1 Districts:
(2)
Permitted accessory uses, located on the same lot with the permitted principal use.
(a)
Private garage.
(b)
Customary home occupations or professional services conducted by the resident only, provided that there is no external evidence of such use except an announcement or professional sign not over two square feet in area. Home occupations as hereinafter defined are subject to the following rules:
[1]
Employment or participation of non-family members within the dwelling unit shall not exceed one.
[2]
Students receiving instruction in the arts at the same time shall not exceed two.
[3]
Children receiving home babysitting services shall not exceed four at one time.
[4]
Administrative offices are permitted only where conducted by resident occupants in a dwelling where no goods, wares or merchandise are sold, displayed or exhibited.
[5]
The business use of vehicles exceeding the size and/or weight of standard passenger vehicles (including van or suburban-type) is prohibited.
[6]
The storage of heavy equipment, vehicles, machinery and building materials is prohibited.
[7]
The business must clearly be subordinate to the residential occupancy of the dwelling units.
[8]
A professional service office such as the office of a resident physician, osteopath, chiropractor, dentist, musician, lawyer, architect, engineer, certified public accountant, city planner or landscape architect, if such office is a part of the residence of the person, is permitted.
[10]
For purposes of this article, "external evidence" of a customary home occupation or professional service shall be deemed to include, without limitation, offensive odor, noise, vibration, smoke, dust, heat or glare or other display or indication of the activity visible beyond the lot lines of the property and shall also include excessive deliveries. This prohibition shall not apply to outdoor recreational activities incidental and necessary to any home occupation.
[11]
All permitted home occupation or professional services accessory uses identified in § 187-7 shall require a special permit before such use shall be conducted. The application shall be submitted by the owner of the subject property to the Planning Board and shall be reviewed in accordance with the procedures and standards set forth in § 187-41. As a condition of each special permit for customary home occupations or professional services, the owner shall allow an annual on-site fire inspection of the premises utilized for the accessory use.
[Added 9-11-2006 by L.L. No. 4-2006]
[12]
An accessory use may not exceed 25% of the total floor area of a residence or 500 square feet, whichever is less.
[Added 9-11-2006 by L.L. No. 4-2006]
[13]
Customary home occupations and professional services existing in compliance with all applicable laws immediately prior to the effective date of Subsection A(2)(b)[11] and [12] above but which are not permitted as a matter of right by the terms of Subsection A(2)(b)[11] and [12] shall be deemed to be lawfully nonconforming in accordance with § 187-14 so long as any owner/operator of property with an existing use files with the Village Clerk within 18 months of the effective date of this Subsection A(2)(b)[13] a statement identifying the following:
[Added 9-11-2006 by L.L. No. 4-2006]
(c)
Storage shed.
[Added 10-12-1999 by L.L. No. 5-1999]
B.
R-2 Districts: One-Family Residential District. The following regulations shall apply in all R-2 Districts:
C.
R-3 Districts: Multiple-Family Residential Districts. The following regulations shall apply in all R-3 Districts:
(2)
Permitted accessory uses, located on the same lot with the permitted principal use.
(a)
Private garage.
(b)
Customary home occupations or professional services as defined in Subsection A(2)(b)[1] through [10] of this section.
(c)
Storage shed.
[Added 10-12-1999 by L.L. No. 5-1999]
(3)
Uses permitted upon the issuance of a special permit.
[Amended 4-26-2010 by L.L. No. 2-2010]
(5)
Site plan approval is required for all construction or conversion in an R-3 Multiple-Family Residential District.
(6)
Bed-and-breakfasts.
[Added 2-21-2017 by L.L. No. 1-2017]
(a) BED-AND-BREAKFAST DWELLING
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
A dwelling in which rooms are rented to guests with no more than one meal served daily, and the entire service, food and lodging are to be included in one stated price.
A building containing one or more rooms with provision for living, cooking, sanitary and sleeping facilities arranged for the permanent occupancy of one family and used exclusively therefor.
(b)
Compliance with Uniform Code required; classification. All bed-and-breakfasts shall comply with the applicable provisions of the New York State Uniform Fire Prevention and Building Code and the rules and regulations promulgated thereunder. All bed-and-breakfasts are, for the purpose of such code and this chapter, classified as B-2 (transient occupancy) for the purpose of construction, conversion and alteration under said code, rules and regulations.
(c)
Application.
[1]
No bed-and-breakfast shall be established or operate within the Village of Fayetteville without first obtaining an application issued by the Code Enforcement Officer in accordance with the terms and conditions of this chapter. The applicant will submit an application, site plan and other supporting documentation to the Code Enforcement Officer along with a nonrefundable application fee as established from time to time by the Village Board of Trustees. The power to approve, approve with conditions or deny the application and site plan as required by this chapter is vested in the Code Enforcement Officer after review and approval thereof by the Village Planning Board.
[2]
Upon receipt of the application, site plan and application fee, the Code Enforcement Officer shall examine and review same to determine that it is complete, adequate in all respects and complies with the conditions of this chapter. After he has reviewed the application, site plan and other supporting documentation and determined same to be complete in all respects, he shall refer same to the Planning Board for its review and action. The application and site plan shall be submitted and processed in accordance with Chapter 139 of the Village Code.
[3]
The Planning Board may require such additional or supportive information as it deems necessary for a complete assessment of the proposed bed-and-breakfast so as to ensure its compatibility with existing and permitted building and land uses adjacent to the site and in close proximity thereto.
(d)
Conditions.
[1]
The owner of the bed-and-breakfast must reside in and continue to reside in the dwelling as his/her/their principal residence. The owner will provide a sworn statement certifying to such residency upon request of the Code Enforcement Officer.
[2]
The parcel improved by the bed-and-breakfast shall provide or establish off-street parking spaces for the members of the owner's family residing in the dwelling unit as well as at least one parking space per room or unit let. Further, said parking spaces shall not be established or permitted in the front yard of the site and shall be located or screened from view so as to provide no variation from the residential character of the site.
[3]
Each bed-and-breakfast shall be established, maintained and operated so as to preserve and compliment the residential character and integrity of the surrounding area when the facility is established in a residential district as provided for in the Village Zoning Code.
[4]
The number of paying guests accommodated per night shall not exceed eight. Further, no guest shall stay for a period of time in excess of 30 consecutive days.
[5]
Each bedroom occupied by a paying guest shall be equipped with a hard-wired, inter-connected, smoke and carbon monoxide detector.
[Amended 5-14-2018 by L.L. No. 2-2018]
[6]
The Code Enforcement Officer shall be given such access to the dwelling as he deems necessary from time to time for the purpose of making inspections to ensure compliance with all federal, state and local codes, rules and regulations, including the New York State Uniform Fire Prevention and Building Code. Such inspections may be made with or without prior notice thereof.
[7]
A single exterior sign or display may be established on the site of the bed-and-breakfast. Said sign or display shall not exceed two square feet in area.
[8]
The Planning Board shall have the right to impose and include much other and additional conditions as it may deem necessary to effectuate the purpose of this chapter.
[9]
The owner shall not make any change, deviation, modification or variation from the application and site plan once the same is approved by the Planning Board.
(e)
Repealer. Any provision of the Fayetteville Village Zoning Code or the local laws of the Village of Fayetteville which are in conflict with or inconsistent with this subsection shall be deemed repealed to the extent of such inconsistency on the effective date of this chapter.
D.
R-4 Districts: Multiple-Family Residential Districts. The following regulations shall apply in all R-4 Districts:
(2)
Permitted accessory uses, located on the same lot with the permitted principal use:
(a)
Private garage.
(b)
Customary home occupations or professional services as defined in Subsection A(2)(b)[1] through [10] of this section.
(c)
Storage shed.
[Added 10-12-1999 by L.L. No. 5-1999]
(3)
Uses permitted upon the issuance of a special permit.
(a)
Parks and playgrounds.
(b)
Antennas over 10 feet in height or receiving dishes or antennas.
(c)
Group residence "B."
(d)
Nursing/convalescent home.
(e)
Commercial residences "A" and "B."
(f)
Private and public nursery, day-are centers, schools and public libraries.
(g)
Churches and similar places of worship, parish houses, religious education buildings, convents, monasteries.
(5)
Site plan approval is required for all construction or conversion in an R-4 Multiple-Family Residential District.
E.
R-B Districts: Residential-Business Districts. This district is to allow a limited range of business uses within a residentially compatible setting. Redevelopment of existing structures shall be allowed and new construction, when consistent with residential character, shall be allowed. The following regulations shall apply in all R-B Districts:
[Added 7-22-1991 by L.L. No. 4-1991[5]]
(2)
Permitted accessory uses, located on the same lot with the permitted principal use.
[Added 10-12-1999 by L.L. No. 5-1999[6]]
(a)
Private garage.
(b)
Customary home occupations or professional services as defined in Subsection A(2)(b)[1] through [10] of this section.
(c)
Storage shed.
[6]
Editor's Note: This local law also provided for the redesignation of former Subsections E(2) through (7) as E(3) through (8).
(7)
Site plan approval is required for all construction or conversion other than one and two-family dwellings in a Residential-Business District.
(8)
Supplemental design standards for the Residential Business District.
(a)
Application. The following standards shall be applied to all uses and structures subject to either site plan review by the Planning Board or special permit review. These standards shall be applied in addition to the standards enumerated in §§ 187-41 and 187-42. In the event of conflict, the reviewing board shall determine which standard is most appropriate for the specific site and the circumstances of the area.
(b)
Building scale and streetscape. The size, location and shape of any new structure or modification to an existing structure should be consistent with the existing streetscape formed by the structures within this district and to the structures in the abutting residential districts.
(c)
Exterior materials. Cinder block, sheet metal, preformed concrete or similar materials commonly used for exterior surfaces on commercial structures should not be used except in a manner consistent with residential construction. Use of these materials shall be kept to the minimum amount necessary.
(d)
Pavement and landscaping. Use and design of both man-made and natural materials for walks, outdoor activity areas and decorative areas should be compatible with the treatment of nearby residential properties. Front and side lawn areas should be maintained and rear yard landscaping should effectively screen parking areas from view of abutting residential properties.
(e)
Lighting. Residential styles and intensities of lighting shall be utilized on the site and for light emanating from windows with exposure to the public right-of-way.
(f)
Parking.
[1]
Front yard parking is prohibited; all on-site parking shall be limited to the side and rear portions of a site.
[2]
On-street and off-street parking may be allowed depending on safety considerations, on parking availability and whether provision of the full amount of required parking on-site would adversely effect the residential character of the property.
[5]
Editor's Note: This local law also repealed former Subsection E, B-1 Districts: Controlled Business Districts.
F.
L Districts: Limestone Plaza Zone District. This district is intended to promote and encourage the continued use of the nineteenth century commercial core of the Village and to ensure that redevelopment activities are compatible to the existing building patterns. The following regulations shall apply in all L Districts:
[Added 7-22-1991 by L.L. No. 4-1991[8]]
(5)
Site plan approval is required for all construction or conversion in a Limestone Plaza District.
(6)
Supplemental design standards for the Limestone Plaza Zone District.
(a)
Application. The following standards shall be applied to all uses and structures subject to either site plan review or special permit review by the Planning Board. These standards shall be applied in addition to the standards enumerated in §§ 187-41 and 187-42. In the event of conflict, the reviewing board shall determine which standard is most appropriate for the specific site and the circumstances of the area.
(b)
Building scale and streetscape. The size, location and shape of any new structure or modification to an existing structure shall be consistent with the existing streetscape formed by the structures within this district. Opaque fences shall be added as necessary to prevent gaps in the streetscape.
(c)
Exterior materials. Building materials should be comparable to the materials used on the existing structures within the district. Modern materials may be used on the rear and side portions of structures that are not exposed to the public right-of-way or view from adjoining properties.
(d)
Pavement and landscaping.
[1]
The front yard area of each site shall be paved to provide for pedestrian movements between properties. Paving materials shall be consistent with the material used on the adjoining properties or, if in a portion of the public right-of-way, shall be subject to the approval of the Village Board of Trustees.
[2]
Landscaping and decorative treatments may be placed in the front yard area, provided that pedestrian movements between sites and parking areas is not impeded.
(e)
Lighting. Lighting and associated equipment should be appropriate to the character of the structure and not glare upon the sidewalk or adjoining properties.
(f)
Parking. Front yard parking is prohibited; all on-site parking shall be limited to the side and rear portions of a site. On-site parking shall not be required except when a site is found to have sufficient land area, safe vehicular access and the parking area will not adversely affect the uniformity of the existing streetscape.
(g)
Advisory review. The Historic Review Commission shall provide an advisory review and comments on all proposals within this zone. In the event of a conflict between the provisions of this section and the provisions of Article VIII of this chapter with respect to design review or building materials to be used for structures which are also in an HP District, the more restrictive requirements shall apply.
[8]
Editor's Note: This local law also repealed former Subsection F, B-2 Districts: General Business Districts.
G.
TB Districts: Traditional Business District. The purpose of this district is to provide for a variety of business, residential and community uses in a relatively dense setting that maintains and enhances typical building development and pedestrian and vehicular circulation patterns characteristic to a Village core. The following regulations shall apply in all TB Districts:
[Added 7-22-1991 by L.L. No. 4-1991[10]]
(5)
Site plan approval is required for all construction or conversion in a Traditional Business District.
(6)
Supplemental design standards for the Traditional Business District.
(a)
Application. The following standards shall be applied to all uses and structures subject to either site plan review or special permit review by the Planning Board. These standards shall be applied in addition to the standards enumerated in §§ 187-41 and 187-42. In the event of conflict, the reviewing board shall determine which standard is most appropriate for the specific site and the circumstances of the area.
(b)
Building scale and streetscape. The size, location and shape of any new structure or modification to an existing structure should be consistent with the existing streetscape formed by the structures within this district. To the extent practical, buildings or modifications shall be comparable to the height, width and setback of adjoining properties, provided that there is adequate pedestrian space, vehicular access and provision for fire safety.
(c)
Exterior materials. Building materials should be comparable to or modern substitutes for the materials used on the existing structures within the district. Modern materials may be used on the rear and side portions of structures that are not exposed to the public right-of-way.
(d)
Pavement and landscaping.
[1]
Sufficient paved areas shall be provided for pedestrian movements between properties. Paving materials shall be consistent with the material used on the adjoining properties or, if in a portion of the public right-of-way, shall be subject to the approval of the Village Board of Trustees.
[2]
Landscaping and decorative treatments may be placed in the front yard area, provided that pedestrian movement between sites and parking areas is not impeded.
(e)
Lighting. No exterior lighting shall be directed to cause glare upon sidewalks or areas regularly used for pedestrian movement.
(f)
Parking. Front yard parking is prohibited; all on-site parking shall be limited to the side and rear portions of a site. On-site parking shall be required except when a site is found to have insufficient land area or unsafe vehicular and/or pedestrian access.
H.
CB Districts: Contemporary Business Districts. The purpose of this district is to provide for contemporary business activities and community uses generally dependent upon access to and visibility from major roads. These uses and activities shall be designed to minimize impacts upon surrounding properties and upon the safe and efficient movement of traffic. A full range of amenities such as parking, buffering and screening shall be provided within each site and incorporated in the site development in an aesthetically pleasing manner as possible and practical.
[Added 7-22-1991 by L.L. No. 4-1991[12]]
(1)
Permitted uses upon issuance of a site plan approval by the Planning Board.
(5)
Site plan approval is required for all construction or conversion in a Contemporary Business District.
(6)
Supplemental design standards for the Contemporary Business District.
(a)
Application. The following standards shall be applied to all uses and structures subject to either site plan review or special permit review by the Planning Board. These standards shall be applied in addition to the standards enumerated in §§ 187-41 and 187-42. In the event of conflict, the reviewing board shall determine which standard is most appropriate for the specific site and the circumstances of the area.
(b)
Building scale and streetscape. The size, location and shape of any new structure or modification to an existing structure should be consistent with the existing streetscape formed by the structures within this district.
(c)
Exterior materials. Modern building materials may be used all portions of structures.
(d)
Pavement and landscaping.
[1]
The front yard area of each site shall be paved to provide for pedestrian movements between properties. Paving materials shall be consistent with the material used on the adjoining properties or, if in a portion of the public right-of-way, shall be subject to the approval of the Village Board of Trustees.
[2]
Limited landscaping and decorative treatments may be placed in the front yard area, provided that pedestrian or vehicular movements between sites and parking areas is not impeded.
(e)
Lighting. No exterior lighting shall be directed to cause glare upon pedestrian areas, public rights-of-way or adjoining properties.
(f)
Parking. All parking shall be provided on-site or within an adjacent shared parking area. Limited front yard parking is permitted, provided that it does not impede pedestrian movements on sidewalks between properties and the parking area is landscaped with raised curbing and plantings.
I.
I District: Industrial Districts. The following regulations shall apply in all I Industrial Districts:
[Amended 2-22-1993 by L.L. No. 3-1993]
(1)
Uses permitted upon issuance of special permit and site plan approval.
(a)
All principal and accessory uses permitted in TB and CB Districts, except residential uses.
(b)
Industrial uses employing electric power or utilizing hand labor for fabrication or assembly and which cause or omit no objectionable odors, fumes, dirt, vibration, glare, electrical interference or noise beyond the immediate site of the building or buildings in which such uses are conducted, which would not be considered reasonably objectionable or disturbing to surrounding residential uses.
(c)
Warehousing facilities.
(d)
Wholesale business.
(2)
Uses prohibited.
(a)
Acetylene gas manufacture or storage; ammonia, bleaching powder or chlorine manufacture; asphalt manufacture or refining.
(b)
Celluloid manufacture, treatment or storage.
(c)
Fertilizer manufacture and bone grinding; slaughterhouse; fireworks or explosive manufacture or storage.
(d)
Gasoline, naphtha or petroleum refining or bulk storage and storage and/or refining and conversion of hazardous waste.
(e)
Junk, scrap metal, automobile salvage and similar uses.
(f)
Rubber reclaiming plants, smelters or blast furnaces; tanning, curing or storage of rawhides or skins; coke oven.
(4)
Site plan approval is required for all construction or conversion in an Industrial District.
(5)
Buffer zone.
(a)
Wherever an I District is located adjacent to any Residential District, a buffer setback at least 30 feet in width must be provided on those lands in the I District along the full length of the adjacency.
(b)
The buffer zone may be concurrent with side and rear yard setbacks.
(c)
No parking or other improvements shall be permitted in the buffer zone.
J.
PRD District: Planned Residential Development District. The following regulations shall apply in the PRD Planned Residential District:
(1)
General requirements for Planned Residential Development Districts.
(a)
Intent.
[1]
It is the intent of this Planned Residential Development (PRD) District to develop flexible land use and design regulations through the use of performance criteria so that small-to-large-scale neighborhoods or portions thereof may be developed within the Village that incorporate residential land uses and contain both individual building sites and common property which are planned and developed as a unit.
[2]
This article recognizes that while the standard zoning function (use and bulk) and the subdivision function (planting and design) are appropriate for the regulation of land use and areas or neighborhoods that are already substantially developed, these controls represent a type of preregulation, regulatory rigidity and uniformity which may be inimical to the techniques of land development contained in the planned residential concept. Further, this subsection recognizes that a rigid set of space requirements along with bulk specifications would frustrate the application of this concept. Thus, where PRD techniques are deemed appropriate through rezoning of land through to a Planned Residential Development District by the Village Board, the set of use and dimensional specifications elsewhere in this chapter is herein replaced by an approval in which an approved plan becomes the basis for continuing land use controls.
(b)
Minimum area. Under normal circumstances, the minimum area required to qualify for a Planned Residential Development District shall be 50 contiguous acres of land. Where it can be demonstrated that the characteristics of the holdings will meet the objectives of a planned development, the Village Board may consider projects with less acreage.
(c)
Ownership. The tract of land for a project may be owned, leased or controlled either by a single person or corporation or by a group of individuals or corporations. An application must be filed by the owner or jointly by owners of all property included in a project. In the case of multiple ownership, the approved plan shall be binding on all owners or their successors in title and interest.
(d)
Permitted uses. All uses within an area designated as a PRD District are determined by the provisions of this subsection and the approved plan of the project concerned.
[1]
Residential uses. Residences must be either single-family detached dwelling units, townhouses or cluster units.
[2]
Customary accessory or associated uses, such as private garages, storage sheds, storage spaces, recreational and community structures and facilities, churches, schools, parks, and playgrounds, shall be permitted as appropriate to the PRD.
[Amended 10-12-1999 by L.L. No. 5-1999]
(e)
Height limit. The maximum height for any building or structure as measured from ground level at any point of measurement around the building or structure shall be 35 feet.
[Amended 6-22-2015 by L.L. No. 2-2015]
(f)
Required lot area (density). Single-family detached dwelling unit lot area shall not be less than 30,000 square feet. Attached dwellings or townhouses shall not be more than four to the developable acre.
(g)
Percentage of lot coverage. All buildings, including accessory buildings, shall not cover more than 30% of the acre of the lot.
(h)
Yards. The minimum setbacks required for the front, side and rear yards for each lot shall be established by the Village Board of Trustees at the time it creates the PRD District. The following guidelines are provided for reference in evaluating proposed setbacks in PRD Districts:
[Amended 6-22-2015 by L.L. No. 2-2015]
(i)
Minimum lot width. The minimum lot width shall be established by the Board of Trustees at the time it creates the PRD District. A guideline of 120 feet shall be utilized as a reference in evaluating a proposed plan.
[Amended 6-22-2015 by L.L. No. 2-2015]
(j)
Off-street parking. At least two parking spaces shall be provided for each dwelling unit.
(l)
Open space requirements. Dedication or reservation of usable land for public open space shall be required for all subdivisions and planned residential developments. A minimum of 20% of the gross area of subdivisions and planned residential developments shall be dedicated for developed open space primarily for the use of residents within the subdivision or the planned residential development.
K.
O District: Open Lands. This district represents lands so located as to be subject to flooding conditions or other special ecological considerations and shall have no structures of a permanent nature erected thereon. [17]
L.
P Districts: Public or Municipal Lands. This district represents those lands located within the Village and owned by the Village or another municipality for municipal or park purposes as may be designated on the Zoning Map.
[Amended 7-22-1991 by L.L. No. 4-1991[18]]
M.
Planned Unit Development Districts (PUDs). The purpose of a Planned Unit Development District is to permit establishment of areas in which diverse uses may be brought together in a compatible and unified plan of development which shall be in the interest of the general welfare of the public. A PUD District may permit the combination of residential and nonresidential uses in a single district where that combination enhances the general welfare of the community. The PUD is intended to promote site design and land use flexibility not feasible in other zoning districts, such as where a project combines multiple uses that could not permissibly coexist in any other single zoning district. A PUD is proper where the uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect that could not be achieved under any other district. In Planned Unit Development Districts, land and structures may be used for any lawful purpose in accordance with the provisions set forth herein.
[Added 5-13-2013 by L.L. No. 5-2013]
(1)
Objectives. In order to carry out the purpose of this section, planned unit developments (PUDs) shall promote and accomplish the following objectives:
(a)
Provide a choice of environments, housing types, lot sizes and community facilities available within a planned neighborhood;
(b)
Provide usable open space and recreation areas, and conserve natural resources and outstanding landscape features;
(c)
Provide for conveniently located accessory commercial and service areas;
(d)
Allow orderly transition of uses through creative development of land and related infrastructure;
(e)
Utilize land efficiently by creating less extensive networks of utilities and streets;
(f)
Create a land use and development pattern consistent with the goals, objectives and policies of the Village Comprehensive Plan;
(g)
Create more desirable living, shopping and working environments than would be possible without applying the provisions of this section.
(2)
General requirements.
(a)
No area of less than three contiguous acres may be zoned as a PUD District, unless the Village Board specifically waives this requirement and states its reasons for doing so upon the creation of the PUD District.
(b)
The entire area of the proposed PUD District shall be owned or controlled by the same entity, or by multiple property owners filing a joint application for establishment of the proposed PUD District, at the time of zone change. The approved PUD plan shall be binding on all owners and future owners and tenants.
(c)
The allowed uses and respective areas for the allowed uses shall be determined by the Village Board, following recommendation from the Planning Board, upon creation of the district.
(d)
The density of allowed uses shall be determined by the Village Board, following recommendation from the Planning Board, upon creation of the district.
(e)
Dimensional requirements for the district shall be as determined and specified by the Planning Board upon site plan approval.
(f)
Signage for the district shall be as determined and specified by the Planning Board upon site plan approval.
(3)
Application and approval procedure.
(a)
Pre-application conference. The applicant shall meet informally with the Code Enforcement Officer, the Planning Board Chairperson or a designated member of the Planning Board, and the Mayor or a designated Village Trustee, to discuss the appropriateness of a proposed PUD and any items that should be addressed with the preparation of the PUD application.
(b)
Application. All applications for a zone change to a PUD District shall be initiated by submitting an application form, application fee, and sketch plan to the Village Board. The sketch plan shall demonstrate the proposed district boundary and the boundaries of the use areas within the district, indicating for each such use its general extent, size and composition. The Village Board shall have discretion to accept or decline the application.
(c)
PUD plan. If the Village Board accepts an application, such application shall be referred to the Planning Board for its review. In order to allow the Planning Board and the developer to reach an understanding on basic design requirements prior to detailed design investment, the applicant shall submit a PUD plan of the proposal to the Planning Board. The PUD plan shall be approximately to scale, although it need not be to the precision of a finished engineering drawing, and it shall clearly show the following information, at a minimum:
[1]
Delineation of the proposed district boundary and the boundaries of the use areas within the district, indicating for each such use its general extent, size and composition;
[2]
The general outlines of the interior roadway system and all existing and proposed rights-of-way and easements, whether public or private;
[3]
The general pedestrian circulation plan, to prioritize pedestrian safety over vehicular movement and parking;
[4]
The interior open space system, if any;
[5]
The overall drainage system, including existing and proposed easements;
[6]
If grades exceed 3%, or portions of the site have soils which have a moderate to high susceptibility to erosion or a moderate to high susceptibility to flooding and ponding, a topographic map with contours at intervals of not more than five feet of elevation shall be provided along with an overlay portraying the above susceptible soil areas;
[7]
Principal ties to the community at large with respect to transportation, water supply, and sewage disposal;
[8]
A location map showing zoning and ownership of abutting lands;
[9]
Any proposed subdivision of the property into smaller parcels for sale to individual owners; and
[10]
Delineation of any areas of natural or historical significance.
(d)
Additional documentation. The following documentation shall accompany the PUD plan unless waived by the Planning Board:
[1]
A completed long-form environmental assessment form (EAF) and other environmental information as may be required by the Planning Board pursuant to the New York State Environmental Quality Review Act (SEQR);
[2]
Evidence of the existing and future community demand for proposed uses;
[3]
Evidence that the proposal is compatible with the Village's Comprehensive Plan;
[4]
General statement as to how existing and proposed open and common space is to be maintained and used;
[5]
If the development is to be phased or sectioned, a general indication of how the phasing or sectioning is to proceed and a preliminary schedule. Whether or not the development is to be phased or sectioned, the PUD plan shall show the entire project;
[6]
A statement regarding the availability of water supply and sewage disposal;
[7]
A general description of the public safety services which will be required and whether such services are presently available;
[8]
Evidence demonstrating the applicant's competence to carry out the plan;
[9]
A statement of the proposed allowed uses and the respective areas for the allowed uses, as well as the proposed density of the allowed uses; and
[10]
Any other information reasonably required by the Planning Board.
(e)
Planning Board review of the PUD plan. The Planning Board shall review the PUD plan and its accompanying documents and shall make a recommendation to the Village Board, within such time as the Planning Board deems adequate. The Planning Board may call upon any Village department or officials and any other public agencies or private consultants that it feels are necessary to provide a sound review of the proposal, the reasonable cost of which, if any, shall be borne by the applicant. The Planning Board shall refer the PUD plan to the Fayetteville Fire Department and SOCPA, and the Planning Board shall consider each organization's comments, if any, before making its recommendation to the Village Board. The following matters shall be addressed in the Planning Board's referral report to the Village Board:
[1]
The consistency of the plan with the Village Comprehensive Plan;
[2]
The consistency of the plan with the purposes and objectives of a PUD District;
[3]
Whether the plan meets all of the applicable general requirements of this section;
[4]
Whether the plan is conceptually sound in that it meets local and area-wide needs and conforms to accepted design principles in the proposed functional roadway system, land use configuration, open space system, pedestrian system and drainage system;
[5]
Whether there are adequate services and utilities available or proposed to be made available for the site;
[6]
Whether the proposed phasing or sectioning, if any, is feasible and appropriate to the purposes and circumstances of the project. The Planning Board shall consider whether the phasing or sectioning proposed will have an adverse impact upon the completion of the entire project or a negative impact in the event that the entire project is not completed as contemplated.
(f)
Village Board action. If the Planning Board recommends denial of the application for a PUD District, the application shall be denied. If the Planning Board recommends approval of the application for a PUD District (with or without conditions or modifications to the PUD plan), the Village Board shall consider whether to approve the application.
(g)
Village Board approval.
[1]
Before voting on whether to approve a PUD plan and thereby to establish a PUD District, the Village Board shall complete all procedures required under SEQR and shall hold a public hearing in accordance with § 187-35 of the Village Code.
[2]
Following the public hearing, the Village Board shall, by resolution, approve or disapprove the proposed PUD plan as presented or modified, with or without conditions as necessary to fully protect the health, safety, and welfare of the community. If the PUD plan is approved, the resolution shall set forth the time, from site plan approval by the Planning Board, within which the applicant must complete the development and/or the periods of time in which phased development must be completed and new phases commenced.
[3]
A resolution approving a PUD plan shall state the allowed uses and the areas for those allowed uses, as well as the density of the allowed uses.
[4]
As a condition of approval, the Village Board may require the posting of adequate performance guaranties to ensure the completion of the project and the installation of all site improvements. Such performance guaranties shall be in an amount established by the Village Board and deemed sufficient by the Village Board to cover the cost of all such improvements as estimated by the Village Board, and should include an agreed-upon schedule for the completion of the improvements, and shall be in a form satisfactory to the Village Attorney.
[5]
If the Village Board grants the zone change, the Zoning Map shall be so amended. No permits or other approvals will be issued until site plan approval has been granted by the Planning Board.
(h)
Site plan approval.
(i)
Subdivisions in a PUD District. If part of the proposed PUD involves the subdivision of land into smaller parcels for sale to individual owners, the procedures required for approval of the PUD plan and site plan shall suffice for compliance with the Village subdivision regulations. In such case, the developer shall prepare a subdivision plat suitable for signature by the Planning Board Chairman and filing with the County Clerk following site plan approval.
(j)
Failure to comply with PUD plan or to commence or complete construction. If the PUD applicant or subsequent owner fails to develop the site in accordance with the approved PUD plan and site plan, or if the applicant or subsequent owner fails to develop the site in accordance with the approved timetable for development, including compliance with any specified time for commencing and/or completing any phase of construction after the granting of site plan approval and/or issuance of a building permit, the PUD District shall become null and void, and the property shall revert to the prior zoning classification(s), unless the Village Board passes a resolution providing otherwise.
(k)
Amendments to approved PUD plan. An approved PUD plan may be amended only by resolution of the Village Board following a positive recommendation from the Planning Board. For the purposes of regulating development and use of property after initial construction and occupancy, all changes to a PUD plan, including but not limited to changes in use, shall be processed as special use permit requests to and decision by the Planning Board for recommendation to the Village Board. Properties in a PUD District are unique and shall be so considered by the Planning Board and Village Board when evaluating these requests, and maintenance of the intent and function of the PUD District shall be of primary importance.