Lima Village City Zoning Code
ARTICLE XVI
Application for a Permit
§ 185-102 Procedure of building permit and site plan review.
A.
Upon making an application for a one- or two-family dwelling to the Code Enforcement Officer:
(1)
If all the requirements are met, a permit shall be granted.
(2)
If all the requirements are not met, a permit shall be denied. A review by the Board of Appeals for a variance of this chapter can result in:
(a)
An affirmative vote by the Board, authorizing the Code Enforcement Officer to grant a permit.
(b)
A negative vote by the Board, denying a permit.
B.
Upon making an application for other than a one- or two-family dwelling to the Code Enforcement Officer:
(1)
If all requirements are met, the application goes to the Planning Board for site plan review.
(2)
The applicant presents a sketch plan to the Planning Board for review where suggestions, codes and laws to be followed are learned.
(3)
The applicant presents a preliminary plot plan to the Planning Board. The plot should be as complete as possible so the Board can make suggestions and ensure that applicable codes and regulations are met.
(4)
The applicant presents final plot plan to the Board upon which the Board will base its decision to approve or disapprove the site plan. If denied, applicant can reapply to the Planning Board with changes necessary to make plan conform. Board can then, after deliberation, approve or disapprove the site plan.
§ 185-103 Fees and reimbursable costs.
A.
An application for site plan review shall be accompanied by a fee as shall be specified in the separate rate and fee schedule, as shall be adopted and amended by the Village Board from time to time.
B.
Costs incurred by the Planning Board for consultation fees or other extraordinary expense in connection with the review of a proposed site plan shall be charged to the applicant, which said sums shall be reasonable sums necessary to defray expenses otherwise charged to the Village of Lima Planning Board to carry out its review functions. Insofar as may be reasonable and feasible, the Planning Board or Code Enforcement Officer shall monitor and project cost estimates upon the request of the applicant. Notwithstanding the foregoing, neither the Planning Board nor the Code Enforcement Officer can be held responsible for additional costs or expenses or charges greater than those projected by said party as long as such costs and charges can reasonably be demonstrated to be necessary in conjunction with the site review function.
§ 185-104 Letter of credit or other security.
When, in the judgment of the Village, certain facilities must be built or construction practices undertaken, the Village may, at its discretion, require a performance bond, letter of credit or other acceptable security as a condition precedent to site plan approval and subsequent granting of a building permit.
§ 185-105 Sign requirements for applications requiring public hearings.
A.
Purpose. The purpose of this chapter is to establish requirements for posting of informational signs on properties which are subject to any application made to the Village of Lima seeking a variance, change in zoning classification, subdivision of land and/or a special or conditional use permit, so as to provide the general public with information on the nature of the relief requested, and the time, date and place of any public hearing.
B.
Statement of public policy. No Board or political subdivision of the Village of Lima shall undertake to approve, consent to, issue a permit for, or file any subdivision map as a result of any application seeking a variance, change in zoning classification, subdivision of land and/or a special or conditional use permit, without first diligently providing public notice of all public hearings and proceedings. It is understood that in addition to all requirements for public notice set forth in the New York State Village Law as amended, from time to time, the Village Board of Trustees for the Village of Lima deems it appropriate and diligent to mandate that certain signage be conspicuously placed on any property that is subject to an application seeking any relief in the form of a variance, change in zoning classification, subdivision of land and/or a special or conditional use permit. This requirement is intended to safeguard and preserve the rights of neighboring citizens to participate in the process of providing critical public input for consideration by the Board or political subdivision of the Village of Lima.
C.
Applicability. This chapter shall apply to any application submitted to the Lima Village Board, the Village of Lima Planning Board or the Village of Lima Zoning Board of Appeals, seeking relief, approval or consent in the form of a variance, change in zoning classification, subdivision of land and/or a special or conditional use permit. This chapter shall also apply to any self-initiated action of the Village Board to seek a change of zoning classification of any individual parcel of land.
D.
Size, content and placement of sign(s).
(1)
An applicant seeking relief, approval or consent in the form of a variance, change in zoning classification, subdivision of land and/or a special or conditional use permit shall cause to be placed upon the subject property or properties, a sign of no less than four square feet in size, said sign to indicate that the property is subject to an application seeking relief, approval or consent in the form of a variance, change in zoning classification, subdivision of land and/or a special or conditional use permit (as is applicable to that particular application), that the application and any related file concerning the application are available for public review at the Village Offices, and the date, time and place of any public hearing scheduled for the purpose of addressing said application. Such sign(s) shall be posted at least 10 days prior to the date of the scheduled public hearing or at which the application is to be addressed, and the applicant shall be responsible to take reasonable steps to keep the sign(s) posted until the scheduled public hearing has taken place.
(2)
Said sign shall be conspicuously placed on the property which is the subject of the application, such that it can be readily observed from the public right-of-way adjoining or nearest the property. In the event that the subject property is located adjacent to a private driveway or roadway, not readily accessible to the public, said signage shall be placed at the juncture of said private driveway or roadway and the public right-of-way, so as to be visible without impeding sight distance. Said sign shall be posted within 15 feet of the property line of the property which is the subject of the application, or in the case of a parcel not readily accessible to the public as close as may be reasonably practical to the access right-of-way used to access that property. One sign shall be posted along any public road frontage of a parcel, such that if the property fronts on more than one public road one sign shall be posted on each road frontage.
(3)
In the event that one application is intended to impact more than one parcel of real property (i.e., a change of zoning classification or large subdivision), the Code Enforcement Officer for the Village of Lima may, at that party's sole discretion, require more than one sign be posted to effectuate the intended notice provisions of this chapter.
(4)
Notwithstanding any code provision or local law that may or shall express a contrary indication, the size and posting of the signage required hereunder shall be exempt from any local law or regulation designed to regulate private signage.
E.
Fees to be paid by applicant. All signage required by this chapter shall be provided by the Village of Lima. All applicants required to post the signage required by this section shall pay a fee to the Village of Lima as may periodically by prescribed by fee schedule adopted by the Village Board. Failure of an applicant to return any signage shall result in an additional fee charged to the applicant for the full replacement value of said sign.