Honeoye Falls City Zoning Code
PART 4
Administrative and Review Procedures
§ 190-135 Construal of provisions.
A.
In applying and interpreting this chapter, its provisions shall be held to be minimum requirements adopted for the promotion of the public health, safety, morals, comfort, convenience or the general welfare. The following specific regulations shall apply:
(1)
A minimum required lot or yard size for one primary building or structure shall not be used in whole or in part as any part of a required lot or yard for a second primary structure.
(2)
The required lot or yard for an existing building or structure shall not be diminished below the minimum requirements of this chapter.
B.
Relation of zoning code to other provisions of law and to private covenants and agreements.
(1)
Nothing contained in this chapter shall be taken to repeal, abrogate, annul or in any way impair or interfere with the Building Code (Chapter 70 of the Honeoye Falls Village Code) or any rules or regulations adopted or issued thereunder, or any other provisions of law or ordinance or regulations, existing or as may be adopted in the future, when not in conflict with any of the provisions of this chapter.
(2)
Nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that when this chapter imposes a greater restriction upon the use of buildings, structures, premises, lots or land or upon the height of buildings or structures or requires larger lots, yards, courts or other open spaces than imposed or required by such other provision of law, ordinance or regulation or by such easements, covenants or agreements, the provisions of this chapter shall control.
(3)
Whenever the provisions of any other law or ordinance or regulations impose a greater restriction than this chapter, the provisions of such other law or ordinance or regulations shall control.
(4)
No provision contained in this chapter shall be construed as justifying the encroachment of any building or structure within any street lines now or hereafter laid down on any subdivision plat filed in the office of the County Clerk or within any federal, state, county or municipal street or highway.
§ 190-136 Code Enforcement Officer (CEO).
A.
This chapter shall be administered and enforced by the Code Enforcement Officer (CEO), or as otherwise specifically designated herein.
B.
It shall be the duty of the CEO to secure the enforcement of this chapter, subject to the rules, laws, regulations and local laws of the Village of Honeoye Falls. Such duties include, but are not limited to:
(2)
Issuing all permits or certificates in conformance with this chapter;
(3)
Issuing a written notice of violation to any person, firm or corporation violating any provisions of this chapter;
(4)
Keeping all records of applications, permits or certificates issued or variances granted, inspections made, reports rendered and notices or orders issued;
(5)
Making all inspections as required by this chapter, the Village Board, and NYS Village Law; and
(6)
Performing all other duties as provided in this chapter, by the Village Board, or by NYS Village Law.
§ 190-137 Village Board.
A.
Authority. Where noted in this chapter, the Village Board shall have full authority to administer and enforce this chapter.
B.
Conduct. As administrators and enforcers of this chapter, the Village Board is hereby entitled to the following methods of conduct:
(1)
The Village Board may adopt rules for the conduct of its business consistent with statute and this chapter.
(2)
The Village Board may appoint clerks or other employees serving at its pleasure. The Village Board may also appoint clerks or other employees to serve at the pleasure of the Zoning Board of Appeals.
(3)
The Village Board may seek recommendations from other boards, committees, agencies, or professionals as it deems appropriate.
(4)
The Village Board shall hold public hearings as required by this chapter and decisions shall be voted upon at public sessions. The Village Board may otherwise hold executive sessions in accordance with the NYS Open Meetings Law.
C.
Minutes. The Village Clerk, or their designee, shall keep minutes of all proceedings before the Village Board.
§ 190-138 Zoning Board of Appeals (ZBA).
A.
Establishment. Per § 7-718 of NYS Village Law, the Zoning Board of Appeals (ZBA) previously established under local law and still in existence at the time of this chapter's enactment shall hereby be continued.
B.
Membership, terms, and appointments.
(1)
The ZBA shall consist of five members appointed by the Village Board.
(2)
One of such members shall be appointed as Chairperson by the Mayor and the Village Board of Trustees, and, if no appointment as Chairman is made, then the Board itself may elect its own Chairperson.
(3)
Members of the ZBA must be residents of the Village of Honeoye Falls.
(4)
The terms of the members of the ZBA shall be five years commencing April 1 of the year appointed, unless such appointment is to fill an unexpired term of a previous member.
(5)
The Village Board shall appoint a Secretary of the Board to serve at the pleasure of the ZBA.
(6)
The Village Board may appoint additional clerks or other employees serving at its pleasure to assist the ZBA.
C.
Vacancy. If a vacancy occurs other than by expiration of term, the Village Board shall appoint a new member for the unexpired term.
D.
Alternate members. Two positions for alternate members may be created in the event that a ZBA member is unable to serve because of a conflict of interest or for any other reason.
(1)
Such alternate ZBA members shall be appointed by resolution of the Village Board, for terms established by the Village Board.
(2)
The ZBA Chairperson may designate an alternate member to substitute for a ZBA member when such member is unable to participate due to a conflict of interest or is otherwise unavailable to participate on an application or matter before the Board, provided that the Village Board has appointed such alternate member to the position of alternate member.
(3)
When so designated, such alternate member shall have all the powers and responsibilities of such member of the Board. Such designation shall be entered into the minutes of the initial ZBA meeting at which the designation occurred.
(4)
All other provisions of law relating to ZBA member training, and continuing education, attendance, conflict of interest, compensation, eligibility, vacancy in office, removal and service on other boards shall also apply to alternate members.
E.
Member training.
(1)
Each member of the ZBA shall complete, at a minimum, four hours of training each year designed to enable such members to more effectively carry out their duties.
(2)
Training received by a member in excess of four hours in any one year may be carried over by the member into succeeding years in order to meet the requirements of this subsection.
(3)
Such training shall be approved by the Village Board and may include, but is not limited to, training provided by a municipality, regional or county planning office or commission, county planning federation, state agency, statewide municipal association, college or other similar entity.
(4)
Training may be provided in a variety of formats, including, but not limited to, electronic media, video, distance learning and traditional classroom training.
F.
Compensation. Compensation in an amount to be determined according to the current fiscal year budget of the Village of Honeoye Falls shall be paid to all members. Compensation is subject to review by the Board of Trustees annually as part of the Village budgeting process. The Village shall pay for any training of a member and shall pay for travel and meals per the Village policy.
G.
Conduct.
(1)
The ZBA may adopt rules for the conduct of its business consistent with statute and this chapter.
(2)
All members are required to attend and take an active part in all scheduled meetings. If a member is unable to attend a meeting, they must notify the Secretary of the Board so that an alternate member can be called upon to attend.
(3)
In the absence of a Chairperson, the ZBA may designate a member to serve as acting Chairperson.
(4)
The ZBA may seek recommendations from Village departments, other boards, and other agencies, as it deems appropriate.
(5)
The ZBA shall hold public hearings as required by this chapter and decisions shall be voted upon at public sessions. The ZBA may otherwise hold executive sessions in accordance with the NYS Open Meetings Law.
(6)
The ZBA may provide for compensation to be paid to experts, clerks, and a Secretary and provide for such other expenses as may be necessary and proper, not exceeding the appropriation made by the Village Board for such purpose.
H.
Minutes. The Secretary of the Board shall keep minutes of all proceedings before the ZBA and records of all decisions rendered.
I.
Removal. The Village Board shall have the power to remove, after public hearing, any member of the ZBA for cause. Any ZBA member may be removed for noncompliance with minimum requirements relating to meeting attendance and training as established by local law and NYS Village Law.
§ 190-139 Inspections.
The CEO is hereby empowered to cause any building, other structure or tract of land to be inspected and examined and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provisions of this chapter. After any such order has been served, no work shall proceed on any building, other structure or tract of land covered by such order, except to correct the violation or to comply with such order.
§ 190-140 Fees.
The Village Board of Trustees shall from time to time adopt by resolution such fees as it deems appropriate relating to the requirements of this chapter, including but not limited to fees for application for sign permits, building permits, site plan review, special use permits, variances, appeals, certificates of occupancy, and subdivision review. Such fee or fees shall be payable when each respective application is submitted.
§ 190-141 Notice of violation.
A.
Where a violation of this chapter is determined to exist, the CEO shall serve notice by certified mail, return receipt requested, on the owner, agent or contractor of the building, structure or lot where such violation has been committed or shall exist; and on the lessee or tenant of the part of or of the entire building, structure or lot where such violation has been committed or shall exist; and on the agent, architect, contractor or any other such person who takes part or assists in such violation, or who maintains any building, structure or lot in which any such violation shall exist.
B.
Such notice shall require the removal of the violation within 30 days after service of the notice.
§ 190-142 Abatement.
A.
In cases where the removal of the violation within 30 days would be manifestly impossible, the CEO shall apply to the governing body of the municipality for a determination as to a reasonable period of time within which such violation shall be removed.
B.
If those persons notified shall fail to remove such violation within the allotted time period, the CEO shall charge them with such violation of this chapter before the appropriate court of law.
§ 190-143 Penalties for offenses.
A.
Each and every week such violation continues after the allotted period of time for its removal shall be deemed a separate and distinct violation. A first offense shall be punishable by a fine of not to exceed $350 or imprisonment for not more than six months, or both. A second offense within five years shall be punishable by a fine of at least $350 but not more than $700, or imprisonment for not more than six months, or both. A third or subsequent offense within five years shall be punishable by a fine of at least $700 but not more than $1,000, or imprisonment for not more than six months, or both.
B.
In addition to other remedies provided by law, appropriate action or proceeding, whether by legal process or otherwise, may be instituted or taken to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, moving, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of such building, structure or lot; or to prevent any illegal act, conduct, business or use in or about such premises.
§ 190-144 Application submittal.
A.
All applications must be submitted in accordance with this article and shall be in such number as noted on official Village application forms.
B.
All applications shall be submitted to the CEO at least four weeks prior to the scheduled review board meeting at which the application is intended to be considered.
C.
Applications must be filed by the property or building owner, their agent, or lessee, purchaser or tenant, with legally binding and written permission of the owner.
D.
Application forms and checklists of required submittal information may be made available in the Village office.
E.
For the purposes of this chapter, the terms "reviewing board" or "review board," shall refer to the Village board, body, or agent charged with review and/or approval authority as enacted under this chapter. For example, special use permit applications are subject to review by the ZBA, while amendment applications are a matter decided upon by the Village Board of Trustees.
§ 190-145 Accepted applications.
A.
The CEO or their designee shall indicate that an application is considered accepted and ready for processing only if it is submitted in the required number and form, includes all required materials, and is accompanied by the required filing fee.
B.
The acceptance of an application by the CEO or their designee shall in no way be interpreted to include a determination of the completeness, adequacy, or accuracy of materials, but rather serve as an acknowledgement to the receipt of all initially required materials. The CEO or their designee may consult with other Village departments or divisions, officials, or review boards in making such a determination.
C.
If an application is determined to be unacceptable, the CEO must provide paper or electronic written notice to the applicant along with an explanation of all known deficiencies in the application that will prevent competent review. No further processing of the application will occur until the deficiencies are corrected. If the deficiencies are not corrected by the applicant within 30 days, the application will be considered withdrawn.
D.
No processing of unacceptable applications will occur. Any incomplete applications will be pulled from the processing cycle. When the deficiencies are corrected, the application will be placed in the next available processing cycle.
E.
Prior to issuing a decision on an accepted application, the reviewing board shall make a formal determination by resolution that the application is complete.
§ 190-146 Public hearings and notices.
A.
Public hearings.
(1)
Public hearings shall be held by the reviewing board where required by this chapter and NYS Village Law. Such public hearings shall be convened within 62 days of the application acceptance date.
(2)
Where multiple applications may be under review for a single proposal, the reviewing board may conduct joint or concurrent public hearings, if desired.
B.
Public notices.
(1)
Per NYS Village Law, public notice shall be made for all public hearings held by the Village of Honeoye Falls. Public notice shall be made in the form of a mailed notice, media notice, and posted notice, where applicable.
(2)
All public notices shall be made at least 10 days prior to the date of the scheduled public hearing.
C.
Mailed notices. Mailed notices shall be required for public hearings regarding subdivisions, major site plans, and zoning amendments.
(1)
The Village Clerk shall notify by mail the owners of all real property as shown on the current tax map, located within 500 feet of the property that is the subject of the hearing.
(2)
The Village Clerk shall notify by mail or electronic transmission the clerks of adjoining municipalities whose boundaries are located within 500 feet of the property that is the subject of the hearing.
(3)
The Village Clerk shall notify by mail or electronic transmission the Monroe County Planning Department when the hearing concerns property:
D.
Media notices. The Village Clerk shall give public notice of all public hearings by causing publication of a notice in the Village's official newspaper and on the Village's official website.
E.
Posted notices.
(1)
For all public hearings, a notice shall be posted in a location plainly visible within the Village Hall of Honeoye Falls.
(2)
Where a specific property is subject to a public hearing, at least one sign of public notice shall be posted on the property in a location that is plainly visible to passersby. It shall be the responsibility of the applicant to obtain such sign(s) of public notice from the Village and erect it in accordance with the time and place requirements defined herein.
F.
Public notice content. The content of a public notice, except for posted notice signs maintained by the Village, should include the following at a minimum:
(1)
Indicate the date, time, and place of the public hearing or date of action that is the subject of the notice;
(2)
Describe any property involved in the application by street address or by general description;
(3)
Describe the general nature, scope, and purpose of the application or proposal; and
(4)
Indicate where additional information on the matter can be obtained.
§ 190-147 Reviewing board action.
A.
The reviewing board shall render a decision within 62 days of the following, unless an extension thereto has been mutually agreed upon by the applicant and reviewing board:
B.
Upon review of an application, the reviewing board may issue a decision of approval, approval with conditions, or denial.
C.
Applications shall be reviewed based on all applicable criteria within this chapter as well as additional local, county, state, or federal laws and regulations.
D.
All decisions shall contain written findings explaining the rationale for the decision with respect to the standards contained in this chapter. The minutes of the review board meeting(s) may satisfy this requirement.
E.
The decision and findings shall be filed with the Village Clerk and provided to the applicant within five days of the date of decision.
F.
In all cases, the burden is on the applicant to show that an application complies with all applicable review or approval criteria of this chapter.
§ 190-148 Referrals.
A.
Internal referral. The reviewing board may refer any application to another Village board, committee, department, or official for review and comment. Within 30 days of referral the receiving board shall issue its recommendations in writing to the reviewing board.
B.
Professional referral. The reviewing board may seek the opinion of any legal, engineer, design, or other professional to aid in the review of an application. Any such costs incurred as a result of seeking professional aid shall be reimbursed by the applicant.
C.
County referral.
(1)
The Village shall refer all materials to the Monroe County Planning Department pursuant to NYS General Municipal Law, as amended. This shall include but is not limited to any application affecting the following:
(a)
Real property within 500 feet of the boundary of an adjacent municipality;
(b)
The boundary of any existing or proposed county or state park or other recreational area;
(c)
The boundary of any existing or proposed county or state roadway;
(d)
The boundary of any existing or proposed right-of-way for a stream or drainage channel owned by the county for which the county has established channel lines;
(e)
The boundary of any existing or proposed county or state owned land; or
(f)
The boundary of a farm operation within an agricultural district as defined in Article 25-AA of the NYS Agriculture and Markets Law.
(2)
No action shall be taken an applications referred to the Monroe County Planning Department until its recommendation has been received or until 30 days have elapsed after the county's receipt of the application, unless the county and Village agree to an extension beyond the thirty-day requirement.
(3)
A majority plus one vote of the reviewing board, otherwise known as a "super majority," shall be required to grant any application approval that receives a recommendation of disapproval from the county. A resolution must also be filed setting forth the reasons for such contrary action.
§ 190-149 Expiration, revocation and enforcement.
A.
Expiration. The approval of an application shall expire if one of any of the following occur:
(1)
The applicant fails to obtain necessary building permit(s) or certificate(s) of occupancy within one year of the approval date;
(2)
There is no substantial physical evidence of initiated construction within one year of the approval date and no written request for extension has been approved;
(3)
The applicant fails to complete construction within two years of the approval date and no written request for extension has been approved; or
(4)
Any specified time limit on an approval lapses without renewal.
B.
Extensions. The applicant may apply, in writing, to the reviewing board for an extension of such approval. The reviewing board may extend the effectiveness of such approval if:
(1)
In the opinion of the board, the application is being diligently prosecuted by the applicant or there are extenuating circumstances beyond the control of the applicant preventing completion of the project;
(2)
There are no physical changes in the immediate vicinity of the property; and
(3)
There has been no change in the applicable zoning regulations or applicable state or county review regulations.
C.
Reapplication. Following expiration of an approval as provided above, reapplication and rehearing shall be required as in the case of a new application. The reviewing board may elect to accept the plans submitted and approved previously as sufficient for purposes of the reapplication if, in the opinion of the reviewing board, the prior application materials essentially satisfy the requirements of this chapter as they then exist.
D.
Revocation. The CEO may revoke approval if the applicant violates the conditions of the approval or engages in any construction or alteration not authorized by the approval.
E.
Enforcement. Any violation of the conditions of an approval shall be deemed a violation of this chapter and shall be subject to enforcement action as provided herein.
§ 190-150 Purpose and intent.
The purpose of special use permit approval is to allow the proper integration into the community of uses which may be suitable only on certain conditions and at appropriate locations. Because of their unusual characteristics or the special characteristics of the area in which they are to be located, specially permitted uses require special consideration so that they may be properly located with respect to the objectives of this chapter and their effect on surrounding properties.
§ 190-151 Applicability.
B.
The ZBA shall hear and decide all applications for special use permits.
C.
A special use permit is granted with respect to the specified use and/or property rather than the applicant or property owner. Any amendments, revisions, or change of use which results in a departure from operations and conditions authorized under the existing special use permit shall require the review and issuance of a new permit.
D.
Any use requiring a special use permit may also be subject to site plan review as provided for in Article XVIII of this chapter. Such applications may be processed concurrently. However, no building permit may be issued for a specially permitted use until a special use permit and site plan approval has been obtained.
§ 190-152 Application requirements.
A.
Application submittal. Special use permit applications shall be submitted, processed, and reviewed in accordance with Article XVI of this chapter.
B.
Required application materials. The following shall be required of all special use permit applications:
(1)
A special use permit application form, including the name, address, and signature of the applicant, owner of record, and developer; and seal(s) of the engineer, architect, or landscape architect who prepared the site plan materials, if applicable.
(2)
A description or narrative of all proposed uses and structures, including but not limited to hours of operation, number of employees, maximum seat capacity, and proposed number of off-street vehicle and bicycle parking spaces.
(3)
A certified land survey showing the boundaries of the applicant's property under consideration in its current state plotted to scale with the North point, scale, and date clearly indicated, or other document deemed acceptable by the CEO.
(4)
A narrative report describing how the proposed use will satisfy the criteria set forth in the special use permit review criteria of this chapter, as well as any other applicable requirements relating to the specific use proposed.
(5)
A detailed traffic study, upon request of the ZBA, to include:
(a)
The projected number of motor vehicle trips to enter or leave the site, estimated for daily and peak hour traffic levels;
(b)
The projected traffic flow pattern, including vehicular movements at all major intersections likely to be affected by the proposed use of the site; and
(c)
The impact of this traffic upon existing abutting public and private ways in relation to existing road capacities. Existing and proposed daily and peak hour traffic levels and road capacity levels shall also be given.
(6)
All SEQR documentation as required by NYS law.
(7)
All application fees as established by the Village Board.
C.
Additional requirements. The ZBA may request additional information beyond what is listed in this section and may ask that be presented in graphic form accompanied by a written text, and/or prepared by a licensed professional if such additional materials are deemed necessary for a complete assessment of the special use.
D.
Waived requirements. The ZBA may waive special use permit application requirements, as it deems appropriate. All waived requirements shall be noted in the Board's resolution determining the application to be complete.
§ 190-153 Public hearing required.
A public hearing shall be held by the ZBA prior to issuing a decision on any special use permit application. See § 190-146 for additional information regarding public hearings.
§ 190-154 Review criteria.
A.
In reaching a decision, the ZBA shall consider and shall determine, either from its own knowledge and investigation or from testimony or other information submitted to it, written findings on whether or not the proposed use:
(1)
Will be generally consistent with the goals of the Village Comprehensive Plan;
(2)
Will meet all relevant standards, guidelines, and requirements set forth in this chapter, including any applicable requirements of Article IX, Regulations for Certain Use;
(3)
Will be an economically viable use of the property and/or will not cause there to be any significant decrease in the future economic viability of the property;
(4)
Will be compatible with existing uses adjacent to and near the property;
(5)
Will provide adequate measures (such as landscaping and screening) to mitigate potential adverse impacts on surrounding property and preserve or enhance the traditional character of the Village;
(6)
Will not have an undue burden or effect on the orderly development and character of the neighborhood or upon the development and conduct of other lawful uses in the vicinity;
(7)
Will not be a nuisance to adjacent residents and property in terms of the production of obnoxious or objectionable noise, dust, glare, odor, refuse, fumes, vibrations, traffic, crowds, parking of automobiles, unsightliness, contamination or other similar conditions;
(8)
Will not cause undue harm to or destroy existing sensitive natural features on the site or in the surrounding area or cause adverse environmental impacts such as significant erosion and/or sedimentation, slope destruction, flooding or ponding of water, or degradation of water quality;
(9)
Will not destroy or adversely impact significant historic and/or cultural resource sites; and
(10)
Will not otherwise be detrimental to the convenience and general health, safety, or welfare of the public.
B.
Failure to meet one or more of the above criteria may result in denial of an application.
§ 190-155 Conditions on permits.
A.
The ZBA may impose conditions on or require modifications of the premises benefited by a special use permit as may be necessary to prevent or minimize adverse effects upon other property in the neighborhood.
B.
Such conditions may include limitations on the time for which the permit is granted.
C.
Any conditions included as part of approval shall be expressly set forth in the motion authorizing the special use permit and incorporated into the written decision.
§ 190-156 Expiration of permit.
A special use permit shall authorize only one special use and shall expire if the special use ceases operation for more than six consecutive months for any reason.
§ 190-157 Amendments to approved permits.
Proposed amendments or revisions to an approved special use permit shall be subject to review and approval in accordance with this article. The issuance of a new, updated special use permit shall be required.
§ 190-158 Purpose and intent.
A.
Purpose. This article is enacted under the authority of Article 7 of the New York State Village Law to protect the health, safety, convenience and general welfare of the inhabitants of the Village. Site plan review regulates the development of structures and sites in a manner which considers the following concerns and, where necessary, requires modification of development proposals to eliminate or minimize potential problems and nuisances. The principal areas of concern are:
(1)
The balancing of landowners' rights to use their land, with the corresponding rights of abutting and neighboring landowners to live without undue disturbances (e.g., noise, smoke, fumes, dust, odor, glare, stormwater runoff, etc.);
(2)
The convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent areas or roads;
(3)
The adequacy of waste disposal methods and protection from pollution of surface water or groundwater; and
(4)
The protection of historic and natural environmental features on the site under review and in adjacent areas.
B.
Intent. The intent of the site plan review process is to preserve and enhance the character of a neighborhood, achieve compatibility with adjacent development, mitigate potentially negative impacts on traffic, parking, drainage and similar environmental concerns, improve the overall visual and aesthetic quality of the Village, and increase the capability of the Zoning Code to adapt to a variety of unique circumstances.
§ 190-159 Applicability.
A.
Approval required. No building permit may be issued or site improvement work commence until site plan approval has been granted by the ZBA.
B.
Minor site plan review. Minor site plan review shall be required for the following actions:
C.
Major site plan review. Major site plan review shall be required for the following actions:
D.
Exempt actions. The following actions are exempt from major and minor site plan review:
(1)
Construction of a single-family dwelling on a single lot or exterior alterations or additions to single-family dwelling.
(2)
Construction or alteration of any building or structure no more than 150 square feet in total floor area. However, the CEO shall review such structure with respect to stormwater management prior to issuing a building permit.
(3)
Interior alterations or renovations and the ordinary repair or maintenance of existing structures or uses.
(4)
Maintenance or replacement of existing sign structures or placement of signs in any district.
§ 190-160 Optional concept plan conference.
A.
It is recommended that applicants schedule a concept plan conference prior to submitting a formal application to discuss the nature of the proposed site plan and receive preliminary guidance on the application review and approval process. A concept plan conference may be held at any scheduled meeting of the ZBA.
B.
The purpose of the concept plan conference is to provide the applicant with the opportunity to inform the ZBA of the proposal and seek nonbinding, advisory direction from the Village. A concept plan conference provides the ZBA with an opportunity to review the basic site design concept, to advise the applicant as to potential problems and concerns, and to generally determine the information to be required on the site plan.
C.
In order to accomplish these objectives, the applicant shall provide all relevant concept plan materials at least two weeks prior to the date of the regular meeting of the ZBA at which the concept plan is to be discussed.
D.
All discussion and comment with respect to a concept plan shall not be construed as a formal decision by the Village or be legally binding in any way.
E.
Materials presented during the concept plan conference may be incomplete and/or conceptual in design. In order for such concept plan to be considered for review and approval, a formal site plan application will still be required in accordance with this chapter.
F.
The ZBA, upon review of the concept plan, and with the concurrence of the CEO and/or Village Engineer, may waive requirements for application materials for developments for which, due to character, size, location or other special circumstances, such information is not anticipated to be necessary for a proper review of the site plan. This shall not preclude the ability of the ZBA to request such waived information if found to be pertinent in the future review of the formal site plan application.
§ 190-161 Minor site plan review.
A.
Application submittal. Minor site plan review applications shall be submitted, processed, and reviewed in accordance with Article XVI of this chapter.
B.
Administrative action. Minor site plan review shall be an administrative action under the authority of the CEO. If desired, the CEO may refer a minor site plan to the ZBA for review and recommendation prior to issuing a decision.
C.
Public hearing optional. No public hearing shall be required for a minor site plan. However, upon referral from the CEO, the ZBA may elect to hold a public hearing as part of its review. See § 190-146 for additional information regarding public hearings.
D.
Required application materials. A minor site plan application shall include the following materials, as applicable:
(1)
Site plan review application form, including the name, address, and signature of the applicant, owner of record, and developer.
(2)
Description or narrative of all proposed uses and structures.
(3)
A certified land survey, or other document deemed acceptable by the CEO.
(4)
A site plan showing the following:
(a)
Property lines and dimensions of the lot(s) in question.
(b)
Environmental Protection Overlay District boundary lines, as applicable.
(c)
Complete footprints of all existing and proposed structures with dimensions.
(d)
Setback dimensions from property boundaries to all existing and proposed structure(s), driveways, and parking areas.
(e)
Exterior building elevations (existing and proposed) showing all sides exposed to view and showing the location and size of all windows, doors, trim, architectural details and indicating the type of all exterior materials to be used for the proposed structure.
(f)
Location, height, intensity and bulb type of all external lighting fixtures.
(5)
Plans for disposal of construction and demolition waste, either on site or at an approved disposal facility.
(6)
Plans to prevent the pollution of surface water or groundwater, erosion of soil both during and after construction, excessive runoff, excessive raising or lowering of the water table, and flooding of other properties, as applicable.
(7)
All NYS SEQR documentation as required by law.
(8)
The application fee, as established by the Village Board.
E.
Additional requirements. The CEO may request additional information beyond what is listed in this section and may ask that be presented in graphic form accompanied by a written text if such additional materials are deemed necessary for a complete assessment of the site plan. The CEO may require application materials to be prepared by a licensed engineer, architect, or other such professional if deemed necessary for the adequate review of the proposal.
F.
Waived requirements. The CEO may waive site plan application requirements, as it deems appropriate. All waived requirements shall be noted in the Board's resolution determining the application to be complete.
§ 190-162 Major site plan review.
A.
Application submittal. Major site plan review applications shall be submitted, processed, and reviewed in accordance with Article XVI of this chapter.
B.
ZBA review. Major site plans shall be subject to review by the ZBA.
C.
Public hearing required. A public hearing shall be held by the ZBA prior to issuing a decision on any major site plan application. See § 190-146 for additional information regarding public hearings.
D.
Required application materials. An application for site plan review shall include the following materials, as applicable. A licensed professional engineer or registered land surveyor shall prepare all site plan materials unless otherwise approved by the ZBA.
(1)
Site plan review application form, including the name, address, and signature of the applicant, owner of record, and developer, and seal(s) of the engineer, architect, or landscape architect who prepared the site plan materials.
(2)
Description or narrative of all proposed uses and structures, including but not limited to hours of operation, number of employees, maximum seat capacity, and proposed number of off-street vehicle and bicycle parking spaces.
(3)
A site plan drawn at a scale of one inch equals 40 feet or such other scale as the ZBA may deem appropriate, on standard twenty-four inch by thirty-six inch sheets, with continuation on eight and one-half inch by eleven inch sheets as necessary for written information.
(4)
A certified land survey showing the boundaries of the applicant's property under consideration in its current state plotted to scale with the North point, scale, and date clearly indicated, or other document deemed acceptable by the CEO.
(5)
Plans indicating the following with regard to the property in question, where applicable:
(a)
The location of all properties, their ownership, uses thereon, subdivisions, streets, easements, and adjacent buildings within 300 feet of the property in question.
(b)
The location and use of all existing and proposed structures on the property in question, including all dimensions of height and floor area, exterior entrances, and anticipated future additions and alterations.
(c)
The location of all existing and proposed topography features, including but not limited to site grading, open spaces, woodlands, watercourses, steep slopes, wetlands, floodplains, and watersheds.
(d)
The location of existing and proposed landscaping, screening, walls, and fences, including information regarding the size and type of plants and building materials proposed.
(e)
The location of existing and proposed public and private streets, off-street parking areas, loading areas, driveways, sidewalks, ramps, curbs, and paths. Such plans shall include considerations for vehicular, pedestrian, and bicycle traffic circulation, parking, and access.
(f)
The location of existing and proposed utility systems, including sewage or septic, water supply, telephone, cable, electric, and stormwater drainage. Stormwater drainage systems shall include existing and proposed drain lines, culverts, catch basins, headwalls, endwalls, hydrants, manholes, and drainage swales.
(g)
The location, height, intensity, and bulb type (sodium, incandescent, etc.) of all external lighting fixtures. The direction of illumination and methods to eliminate glare onto adjoining properties must also be shown.
(h)
The location, height, size, material, and design of all existing and proposed signs.
(6)
A detailed traffic study, upon request of the ZBA, to include:
(a)
The projected number of motor vehicle trips to enter or leave the site, estimated for daily and peak hour traffic levels;
(b)
The projected traffic flow pattern, including vehicular movements at all major intersections likely to be affected by the proposed use of the site;
(c)
The impact of this traffic upon existing abutting public and private ways in relation to existing road capacities. Existing and proposed daily and peak hour traffic levels and road capacity levels shall also be given.
(7)
Elevations at a scale of 1/4 inch equals one foot for all exterior facades of the proposed structure(s) and/or alterations to or expansions of existing facades, showing design features and indicating the type and color or materials to be used.
(8)
Soil logs, test well, percolation test results, stormwater runoff calculations, and tree surveys, upon ZBA request. This may include but is not limited to plans that locate and show elevation, grades and/or contours at intervals of not more than two feet for the existing and proposed drainageways, drainage easements, drainage structures and water bodies.
(9)
Plans for disposal of construction and demolition waste, either on site or at an approved disposal facility.
(10)
Plans to prevent the pollution of surface water or groundwater, erosion of soil both during and after construction, excessive runoff, excessive raising or lowering of the water table, and flooding of other properties, as applicable.
(11)
A schedule for completion of each construction phase for buildings, parking, and landscaped areas.
(12)
Identification of any state or county permits required for the project and record of application for and approval status of such permits.
(13)
All NYS SEQR documentation as required by law.
(14)
The site plan application fee, as established by the Village Board.
E.
Additional requirements. The ZBA may request additional information beyond what is listed in this section and may ask that be presented in graphic form accompanied by a written text if such additional materials are deemed necessary for a complete assessment of the site plan.
F.
Waived requirements. The ZBA may waive site plan application requirements, as it deems appropriate. All waived requirements shall be noted in the Board's resolution determining the application to be complete.
§ 190-163 Concurrent reviews.
A.
Where a special use permit is also required of a proposed site plan, the application requirements of Article XVII shall also apply. Duplicate application materials may be combined to satisfy submittal requirements.
B.
The applications may be considered concurrently; however, the ZBA shall issue decisions for each action (special permit and site plan review) separately.
C.
A subdivision application may be submitted in conjunction with a site plan application and processed concurrently. All subdivision applications related to a site plan must comply with Chapter 161 of the Village of Honeoye Falls Code[1] and shall be reviewed as outlined therein. Where the requirements of Chapter 161 may conflict with this chapter, the standards and procedures of this chapter shall take precedence.
§ 190-164 Site plan review criteria.
All site plan applications shall be evaluated based on the following criteria:
B.
Traffic.
(1)
Convenience, flow and safety of vehicular, pedestrian, and bicycle movement within the site and in relationship to adjoining ways and properties, which shall not be adversely affected to any unreasonable degree.
(2)
Adequacy and arrangement of vehicular traffic and circulation, including intersections, road widths, channelization structures and traffic controls.
(3)
Adequacy and arrangement of pedestrian and bicyclist access and circulation, including separation from vehicular traffic where appropriate and connection both internally and externally to the site.
(4)
Adequacy of interior circulation for emergency vehicle access.
(5)
Provision of off-street loading and unloading of vehicles incidental to the normal operation of the establishment with adequate lighting and internal traffic control.
C.
Neighborhood.
(1)
Relationship of proposed uses to existing adjacent uses, including but not limited to landscape transitions, buffering, and harmony of uses.
(2)
Relationship of proposed buildings to the site, including but not limited to building placement, access, pedestrian movement, parking, and building scale.
(3)
Appropriateness of building design, including but not limited to design quality and relationship to surrounding building scale, style, materials, and sight lines.
(4)
Location, arrangement, size, design and general site compatibility of lighting and signs.
D.
Vegetation.
(1)
Minimization of the area over which existing vegetation is to be removed. Where tree removal is required, special attention shall be given to planting of replacement trees.
(2)
Integration of the proposed development into the existing landscape through design features such as vegetative buffers, roadside plantings and the retention of open space and agricultural land.
(3)
Adequacy of landscaping and site treatment, including but not limited to plant types and sizes, hardscape elements, lighting, setbacks, and protection of adjacent residential uses.
E.
Stormwater, erosion, and sediment control.
(1)
Provisions shall be made to accommodate the increased runoff caused by changed soil and surface conditions during and after development. Stormwater management techniques and sediment basins may be required. Such features shall be constructed prior to any on-site grading or disturbance of existing surface material.
(2)
Ensure that stripping of vegetation, regrading or other development will be done in such a way that will minimize soil erosion and drainage issues. Temporary seeding and/or mulching may be required by the ZBA to protect exposed critical areas during and after development.
F.
Open space. Provision of open spaces, yards and recreational areas appropriate to the structure and use.
(1)
The ZBA may require a site plan containing dwelling units to show a park or parks suitably located for playground or other recreational purposes.
(2)
Land for park, playground or other recreational purposes may be required where the ZBA deems that such reservations would be appropriate. The ZBA shall determine the appropriateness of reserving lands for park, playground or other recreational purposes pursuant to the provisions of § 7-725-a of NYS Village Law.
(3)
Where the ZBA requires land to be set aside for parks, playgrounds or other recreational purposes, the Board may require that the site be graded, loamed and seeded and may require it to be fenced.
(4)
If the ZBA determines that a suitable park or parks of adequate size cannot be properly located in any such site plan or is otherwise not practical, the ZBA, pursuant to § 7-725-a of NYS Village Law, shall require as a condition of approval of any such site plan a payment to the Village of a sum to be determined by the Village Board and set forth in a separate payment schedule, which sum shall constitute a trust fund to be used by the Village exclusively for neighborhood park, playground or recreation purposes, including the acquisition of property. Such amount shall be paid to the Village at the time of the issuance of a building permit. The payment required herein shall be applicable to site plans for residential purposes only.
G.
Services. Reasonability of demands placed on Village, town, and county services and infrastructure relative to capacity.
H.
Pollution control. Adequacy of methods for sewage and refuse disposal and the protection from pollution of both surface water and groundwater. This includes minimizing soil erosion both during and after construction.
I.
Nuisances. Protection of abutting properties from any undue disturbance caused by excessive or unreasonable noise, smoke, vapors, fumes, dust, odors, glare, stormwater runoff, etc.
§ 190-165 Conditions on site plans.
A.
The ZBA or CEO may impose conditions on or require modifications of the site plan as necessary to satisfy the application review criteria to the greatest extent practicable.
B.
Any conditions included as part of approval shall be expressly set forth in the motion approving the site plan and incorporated into the written decision.
§ 190-166 Amendments to approved site plans.
Proposed amendments or revisions to an approved site plan shall be subject to review and approval in accordance with this article. The issuance of a new, updated site plan shall be required.
§ 190-167 Performance guaranty.
The ZBA or CEO may require the posting of a bond or other similar performance guaranty to ensure compliance with the approved site plan and stated conditions, as applicable. The CEO may suspend any permit or license when work is not performed as required.
§ 190-168 Inspection of improvements and development.
The CEO shall be responsible for the overall inspection of site improvements, including coordination with the Village Engineer and other officials and agencies, as appropriate.
§ 190-169 Authority to file.
§ 190-170 Notice of hearing.
Notice of required public hearings on zoning text and map amendments must be provided as required by the Village Board and by state law. See § 190-146 for additional information on public hearing notices.
§ 190-171 Review and report by Zoning Board of Appeals.
The ZBA must review all proposed zoning text and map amendments and prepare a report of recommendation for the Village Board that evaluates the proposed amendment in light of adopted plans, the relevant provisions of this chapter, and the review criteria of this article.
§ 190-172 Referrals.
A.
In accordance with § 239-m of NYS General Municipal Law, zoning text and map amendments must be forwarded to the Monroe County Planning Department for review prior to the public hearing and final action by the Village Board.
B.
If any proposed amendment consists of a change in the district classification applying to real property within 500 feet of a municipal boundary, the Village Clerk shall serve notice of the proposed amendment to the clerk and chief elected official of the affected municipality, prior to the public hearing and final action.
§ 190-173 State environmental quality review.
For zoning text and map amendment applications subject to SEQR requirements, all required environmental reviews must be completed before final action is taken on the amendment.
§ 190-174 Hearing and final action by Village Board.
A.
After receiving the ZBA's report, the Village Board must convene a public hearing on the proposed text and/or map amendment.
B.
Following the public hearing, the Village Board may act to approve, approve with modifications, or deny the proposed amendment. The Village Board may also return the application to the ZBA for further consideration.
C.
The Village Board may act by a simple majority vote, except when a valid protest petition has been submitted in accordance with this article and NYS General Municipal Law.
D.
If the Village Board approves the amendment, supplement, change, or modification to the text of this chapter or Official Zoning Map, the text and/or map shall be amended after filing and publication as required by NYS General Municipal Law.
E.
The Village Board may, in order to protect the public health, safety, welfare and environmental quality of the community, attach to its resolution approving the petition, additional conditions deemed necessary to achieve the review criteria.
F.
The Village Clerk shall notify the petitioner by mail of the action taken by the Village Board.
§ 190-175 Review criteria.
In reviewing and making decisions on zoning amendments, the Village Board must consider at least the following criteria.
A.
Whether the proposed zoning amendment corrects an error or inconsistency in the zoning law or meets the challenge of a changing condition;
B.
Whether the proposed amendment is in substantial conformance with the adopted plans and policies of the Village;
C.
Whether the proposed zoning amendment is in the best interests of the municipality as a whole;
D.
Whether public facilities (infrastructure) and services will be adequate to serve development allowed by the requested rezoning, if applicable;
E.
Whether the rezoning will substantially harm the public health, safety, or general welfare or the value of nearby properties, if applicable;
F.
Whether the rezoning is compatible with the zoning and use of nearby properties, if applicable;
G.
The suitability of the subject property for the uses and development to which it has been restricted under the existing zoning regulations, if applicable; and
H.
The gain, if any, to the public health, safety and general welfare due to denial of the application, as compared to the hardship imposed upon the landowner, if any, as a result of denial of the application.
§ 190-176 Protest petitions.
A.
A formal protest petition opposing a zoning text and/or map amendment must be submitted to the Village Board or placed on the public record before the Village Board's vote, allowing sufficient time for the municipality to determine the validity of the petition (consult NYS General Municipal Law for more information on protest petitions).
B.
A protest petition will be considered "valid" if it is signed by:
(1)
The owners of 20% or more of the area of land included in such proposed change;
(2)
The owners of 20% or more of the area of land immediately adjacent to that land included in such proposed amendment, extending 100 feet therefrom; or
(3)
The owners of 20% or more of the area of land directly opposite thereto, extending 100 feet from the street frontage of such opposite land.
C.
When a valid protest petition has been submitted, approval of a zoning amendment requires a super majority or majority plus one vote of the Village Board.
§ 190-177 Petition for amendment.
A petition requesting a change in regulations or other provisions of this chapter shall be written, signed, and acknowledged by the person presenting it and shall be filed in accordance with NYS Village Law.
§ 190-178 Variances.
A.
Applicability. The Zoning Board of Appeals (ZBA) shall have the power, on appeal from the decision or determination of any administrative official charged with enforcement of this chapter, to reverse or affirm, wholly or partly, or modify an order, requirement, decision, interpretation, or determination by the granting of either use variances or area variances as authorized by NYS Village Law. The variance procedures may not be used to:
B.
Burden of proof. The applicant seeking the variance shall have the burden of presenting sufficient evidence to allow the ZBA to reach a conclusion as set forth below as well as the burden of persuasion on those items.
C.
Approval process.
(1)
Application. Applications for zoning variances may be initiated only by the owner of the subject property or by the owner's authorized agent. Complete applications for a zoning variance must be submitted in accordance with Article XVI of this chapter.
(2)
Public hearing. Once the application has been determined to be complete, the ZBA must hold at least one public hearing on a zoning variance. Notice of said public hearing shall be provided in accordance with § 190-146 of this chapter.
(3)
Decisions.
(a)
The ZBA shall decide upon the appeal within 62 days after the closing of the public hearing. The time within which the ZBA may render its decision may be extended by mutual consent of the applicant and ZBA.
(b)
The ZBA may reverse, modify or affirm, in whole or in part, any such appealed order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as in its opinion ought to be made in strictly applying and interpreting the provisions of this chapter and for such purposes shall have all the powers of the officer from whom the appeal is taken.
(c)
The decision of the ZBA shall be filed with the Village Clerk within five business days after the decision is rendered, and a copy mailed to the applicant.
D.
Use variances.
(1)
A use variance authorizes the use of land for a purpose that is otherwise not allowed or prohibited by this chapter. A finding of unnecessary hardship is required to properly grant a use variance.
(2)
The ZBA shall not grant a use variance without the applicant having shown that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, per NYS Village Law, the applicant shall demonstrate to the ZBA that for each and every permitted use under the zoning regulations for the particular district where the property is located the following conditions exist:
(a)
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;
(b)
The alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood;
(c)
The requested use variance, if granted, will not alter the essential character of the neighborhood; and
(d)
That the alleged hardship has not been self-created.
(3)
The ZBA, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proved by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
E.
Area variances.
(1)
An area variance authorizes the use of land that is not allowed by the dimensional or physical requirements set forth in this chapter. An area variance is one that does not involve a use that is otherwise prohibited by this chapter. A finding of practical difficulty is required to properly grant an area variance.
(2)
In making its determination, the ZBA shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the Board shall also consider the following as required by NYS Village Law:
(a)
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance;
(b)
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
(c)
Whether the requested area variance is substantial in relation to the requirement;
(d)
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
(e)
Whether the alleged difficulty was self-created; which consideration shall be relevant to the decision of the Board of Appeals but shall not necessarily preclude the granting of the area variance.
(3)
The ZBA, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
F.
Imposition of conditions. The ZBA shall, in the granting of both use variances and area variances, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of the Village Code and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
G.
Transferability. Zoning variance approval runs with the land and is not affected by changes of tenancy, ownership, or management.
H.
Amendments. A request for changes in conditions of approval of a zoning variance must be processed as a new variance application, including the requirements for fees, notices, and hearings.
§ 190-179 Appeals.
A.
Applicability. The Zoning Board of Appeals (ZBA) is authorized to hear and decide appeals where it is alleged there has been an error in interpretation of any zoning code provisions or in any order, requirement, decision, or determination made by the CEO or other administrative official under the Village Code.
B.
Right to appeal. Appeals may be filed by any person aggrieved by an administrative decision of the CEO or other agent duly designated to the administration and enforcement of this chapter. The ZBA is authorized to make determinations about whether individuals filing appeals are "aggrieved by the decision or action."
C.
D.
Stay upon appeal. An appeal shall stay all proceedings in furtherance of the appealed action, unless the CEO certifies to the ZBA a stay would, in his or her opinion, cause imminent peril to life or property. Then the proceedings shall not be stayed otherwise than by a restraining order granted by the ZBA or by a court of record on application, to the CEO.
E.
Record of decision. Upon receipt of a complete appeal application, the CEO must transmit to the ZBA all papers constituting the record upon which the action appealed is taken.
F.
Referrals and SEQR. All appeals shall complete the municipal referral procedure and SEQR documentation as required by NYS Village Law.
G.
Hearing and final decision.
(1)
The ZBA must hold a public hearing on the appeal within 62 days of receiving a complete application. A notice of public hearing on appeals must be provided as required by NYS Village Law and in accordance with § 190-146 of this chapter.
(2)
The ZBA must take action on the appeal within 62 days of the close of the public hearing.
(3)
In exercising the appeal power, the ZBA has all the powers of the Village official or agent from whom the appeal is taken.
(4)
The ZBA may reverse the appeal or affirm the appeal, in whole or in part, or modify the decision being appealed.
(5)
In acting on the appeal, the ZBA must grant to the decision or action a presumption of correctness, placing the burden of persuasion of error on the appellant.
(6)
A motion for the ZBA to hold a rehearing to review any order, decision or determination not previously reheard may be made by any member of the ZBA. A unanimous vote of all members of the ZBA then present is required for such rehearing to occur. Such rehearing is subject to the same notice provisions as an original hearing. Upon such rehearing the ZBA may reverse, modify or annul its original order, decision or determination upon the unanimous vote of all members then present, provided the ZBA finds that the rights vested in persons acting in good faith in reliance upon the reheard order, decision or determination will not be prejudiced thereby.
H.
Article 78 proceeding.
(1)
Any person or persons jointly or severally aggrieved by any decision of the ZBA or other such review board charged with the administration and enforcement of this chapter may apply to the NYS Supreme Court for review by a proceeding under Article 78 of the Civil Practice Laws and Rules.
(2)
Such proceedings shall be instituted within 30 days after the filing of the review board's decision in the office of the Village Clerk.
(3)
Costs shall not be charged to the Village unless it shall appear to the Court that it acted in gross negligence or in bad faith or with malice in making its decision.
§ 190-180 Building permits.
A.
All procedures with respect to applications for an issuance of building permits shall be in conformity with the provisions of the Building Code (Chapter 70 of the Village Code of Honeoye Falls). All such applications shall be accompanied by such other information as may be necessary to determine and provide for the enforcement of this chapter.
B.
No building permit shall be issued for the erection, construction, reconstruction, structural alteration, restoration, repair or moving of any building or structure or part thereof, unless the plans and intended use indicate that such building or structure is designed and intended to conform in all respects to the provisions of this chapter.
C.
Where a lot is formed from part of an existing lot, whether already improved or not, the separation must be effected in such a manner that neither of the lots, nor any existing or proposed improvements thereon, contravene the provisions or intent of this chapter.
D.
After completion of footings and establishing of the forms on the first course of the foundation walls or equivalent structure, the owner shall notify the CEO. If required by the CEO, the owner shall cause a survey to be made by a licensed land surveyor, showing the true location of such foundation walls with respect to the lot lines of the lot, and a copy of such survey shall be filed with the CEO before construction is continued.
§ 190-181 Completion of construction under prior permits.
A.
Nothing in this chapter shall require any change in the plans, construction or designated use of a building or structure for which a lawful building permit has been issued prior to the effective date of this chapter or any amendment thereto affecting such building or structure, or the use thereof, provided that:
(1)
The construction of such building or structure shall have begun and diligently prosecuted within three months from the date of such permit.
(2)
The entire building or structure shall be completed according to such filed and approved plans upon which the issuance of such permit was based within one year from the effective date of this chapter or any such amendment thereto.
§ 190-182 Certificates of occupancy and certificates of completion.
A.
It shall be unlawful to use or to permit the use of any building, structure, premises, lot or land, or part thereof, hereafter erected or altered, enlarged or moved or put into use, in whole or in part, after the effective date of this chapter, or of any building, structure, premises, lot or land or part thereof of which the use is changed until a certificate of occupancy and certificate of completion have been obtained by the owner, as provided for under the Building Code.
B.
No certificate of occupancy or certificate of completion shall be issued for any building, structure, premises, lot or land unless the erection, construction, reconstruction, structural alteration, restoration, repair or moving of such building or structure or part thereof and the intended use thereof are in conformity in all respects with the provisions of this chapter.
§ 190-183 Applicability.
These provisions shall apply to all buildings or structures, and all uses of buildings or structures or lots, lawfully existing prior to the effective date of this chapter or of subsequent amendments, revisions or reenactments of this chapter which do not conform to the provisions of said original chapter or to such revisions or reenactments on their effective dates.
§ 190-184 Continuance.
Any use occupying any building, structure, lot or land at the time of the effective date of this chapter, or any amendment thereto, which does not comply, after the effective date of this chapter or any amendment thereto, with the use regulations of the district in which it is situated may be continued in the building or structure or upon the lot or land so occupied to the extent existing at the time it became nonconforming, except as otherwise provided for in this article.
§ 190-185 Repair and reconstruction.
A.
A building or structure used by a nonconforming use shall not be reconstructed, structurally altered, restored or repaired to an extent exceeding 50% of the replacement cost of such building or structure, exclusive of foundations, unless the use of such building or structure is changed to a conforming use, provided that the reconstruction, restoration or repair of a structure partially destroyed shall commence within six months of the date of the partial destruction and is completed within 12 months of the date of destruction.
B.
A nonconforming building or structure that is not devoted to a nonconforming use may be reconstructed, structurally altered, restored or repaired in whole or in part, and the provisions of Subsection A shall not apply, except that the degree of nonconformity shall not be increased. However, where the nonconformity of a structure is due solely to the location of the structure being in violation of one or more setback restrictions herein, the structure may be enlarged or added to whenever, in the opinion of the CEO, the addition shall be no closer to any violated side, front or rear lot line than the nearest point of the existing structure to such side, front or rear lot line and does not change the character of the neighborhood.
C.
A nonconforming lot separately owned and not adjoining any lot or land in the same ownership at the effective date of this chapter, or any subsequent date hereafter, may be used or a building or structure may be erected on such lot for use in accordance with all the other applicable provisions of this chapter, provided that proof of such separate ownership is offered in the form of a title search.
D.
An existing building designed and used for a conforming use, but located on a nonconforming lot, whether the building is conforming or nonconforming with respect to lot coverage and minimum yard requirements, may be reconstructed, structurally altered, restored or repaired in whole or in part, except that the degree of nonconformity shall not be increased.
§ 190-186 Enlargement and change.
§ 190-187 Abandonment.
A.
A nonconforming use shall be deemed to have been abandoned:
(1)
When it is changed to a conforming use.
(2)
In cases where such nonconforming use is of a building or structure designed for such use, when it has been voluntarily discontinued for a period of 12 consecutive months.
(3)
In cases where such nonconforming use is of a building or structure not designed for such use or is of a lot or land whereon there is no consequential building or structure devoted to such use, when it has been voluntarily discontinued for a period of six consecutive months.
B.
A nonconforming use that has been abandoned shall not thereafter be reinstated.
§ 190-188 Compulsory termination.
A.
A nonconforming structure or nonconforming use may be subject to compulsory termination by the municipal legislative body when it is found detrimental to the conservation of the value of surrounding land and improvements or to future development of surrounding lands and, therefore, is tending to deteriorate or blight the neighborhood.
B.
In ordering the compulsory termination of a nonconforming structure or nonconforming use, the municipal legislative body will establish a definite and reasonable amortization period during which the nonconforming structure or nonconforming use may continue while the investment value remaining after the date of the termination order is amortized. Determination of the amount to be amortized shall be based on the value and condition of the land and improvements for the nonconforming use and such other reasonable costs as the termination may cause. The rate of amortization shall be in accordance with reasonable economic practice.
§ 190-189 Purpose and applicability.
A.
B.
A lot line adjustment is the process that is used to change property lines of existing parcels as shown on a plat previously approved and filed with the Monroe County Clerk's office.
D.
In every instance, the lot line adjustment process will yield the same number of parcels that you began with, or fewer. The lot line adjustment process shall not be used to create additional parcels.
§ 190-190 Lot line adjustment applications.
A.
Submittal. Any person desiring approval of a lot line adjustment shall submit an application to the CEO in accordance with the procedures of Article XVI of this chapter.
B.
Requirements. Applications shall include, at a minimum, the following information:
(1)
The legal description and survey map of both properties subject to the lot line adjustment application;
(2)
The date of preparation of the maps, an identified North arrow, and the scale of the map;
(3)
The total area of each lot before and after the proposed lot line adjustment;
(4)
The location and dimensions of all structures, driveways, sewage disposal systems, wells, and other improvements on both lots subject to the proposed lot line adjustment;
(5)
The names, addresses and telephone numbers of all property owners involved in the proposed lot line adjustment; and
(6)
A signed and notarized authorization from all property owners.
C.
Fee. No lot line adjustment application will be processed without payment of the required application fee as set forth by the Village Board.
§ 190-191 Review criteria.
Approval of lot line adjustments shall be based on the following criteria:
A.
The lot line adjustment does not create any new lots.
B.
The lot line adjustment does not create a parcel not meeting all dimension and area requirements of this chapter and other applicable local, county, state, and federal land use and environmental health regulations.
C.
The lot line adjustment does not increase the nonconformity of any lot or structure which does not currently meet the requirements of this chapter or other applicable local, county, state, and federal regulations, including, but not limited to, setbacks to structures from property lines, the area outside a flood hazard area, and the minimum area of lot.
D.
The adjustment does not realign lot lines that create directional changes in the orientation of lot(s), such as changing front yards into side yards or rear yards which result in nonconforming setbacks.
§ 190-192 Administrative action.
A.
Based on review of the proposed lot line adjustment, the CEO, in consultation with the ZBA Chair, shall determine if the proposed lot line adjustment is consistent with the criteria for a lot line adjustment set forth in § 190-191.
B.
If the CEO finds that the proposed lot line adjustment complies with all of the above requirements, the adjustment shall be approved.
C.
If the CEO finds that the proposed lot line adjustment does not comply with the above requirements, the adjustment shall be denied.
§ 190-193 Final authorization and filing.
A.
Approval of the lot line adjustment shall constitute authorization for the applicant to prepare appropriate documents to transfer the property being adjusted.
B.
The applicant shall, within 45 days, file a final plat of the lot line adjustment with the Monroe County Clerk and the Village Clerk. Any amendment to a previously filed map should be referenced and identified on the survey map to be filed.
C.
The survey map shall have an original stamp and seal of a licensed surveyor and the signature of the CEO.
D.
If a final plat is not filed with the County Clerk and Village Clerk within 45 days, then the application shall be deemed to have lapsed.