Montgomery City Zoning Code
ARTICLE X
Board of Appeals and Planning Board
§ 122-44 Organization and general procedures of Board of Appeals.
A.
There shall be a Board of Appeals. Said Board shall consist of five members. The method of appointment, terms of office and tenure of its members shall be as prescribed by law.
B.
The Board shall have all the powers and duties prescribed by law and by this chapter.
C.
The Board shall appoint a Secretary and shall prescribe rules for the conduct of its affairs.
D.
All meetings of the Board of Appeals shall be open to the public. A quorum shall consist of three members.
E.
Every decision by the Board shall be by resolution and shall contain a full record of the findings of the Board in the particular case.
§ 122-45 Applications and public hearing procedures of Board of Appeals.
A.
Applications for any action by the Board of Appeals shall be submitted in the form required by the Board and filed in the Municipal Office.
B.
The Board shall fix a time and place for a public hearing thereon and shall provide for the giving of notice at least five days prior to the date thereof as follows:
[Amended 5-10-1967; 6-3-1968; 1-30-1996 by L.L. No. 2-1996]
(1)
By publishing a notice in a paper of general circulation in the Village.
(2)
By requiring the applicant to give notice of the substance of every appeal for a variance, together with notice of the hearing thereof by causing notices to be mailed at least five days before the date of said hearing to the owners of all property abutting that held by the applicant in the immediate area and all other owners within 100 feet, or such additional distance as the Board of Appeals may deem advisable, from the exterior boundaries of the land involving such appeal, as the name of said owners appear in the last completed assessment roll. Such notice shall be by certified mail, return receipt requested, and the applicant shall furnish proof of compliance with notification procedure; provided, however, that the Board may accept substantial compliance with these provisions in case of difficulty in serving such owners. The cost of sending or publishing any notices relating to such appeal, or a reasonable fee relating thereto, shall be borne by the appealing party and should be paid to the Board prior to the hearing of such appeal.
(3)
If the land involved in any appeal is within 500 feet of the boundary of any other municipality, notice of the public hearing shall also be mailed to the Municipal Clerk of such other municipality.
(4)
If the land involved in any appeal is within 500 feet of the boundary of any existing or proposed county or state park or any other recreation area; the right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway; and the existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines; or the existing or proposed boundary of any county or state-owned land on which a public building or institution is situated; the boundary of a farm operation located in an agricultural district, except where the appeal is for an area variance, notice of the public hearing and a description of the applicant's proposal shall be mailed to the Orange County Planning Department in accordance with § 239-m of the General Municipal Law.
(5)
The Board shall decide upon the appeal within 62 days after the conduct of said hearing. The time within which the Board of Appeals must render its decisions may be extended by mutual consent of the applicant and the Board. The decision of the Board should be filed in the office of the Village Clerk within five business days after the day such decision is rendered and a copy thereof mailed to the applicant.
(6)
A motion for the Board to hold a rehearing to review any order, decision or determination of the Board not previously reviewed may be made by any member of the Board. A unanimous vote of all members of the Board 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 Board may reverse, modify or annul its original order, decision or determination upon the unanimous vote of all members then present, provided that the Board finds that the rights vested in persons acting in good faith and reliance upon the reviewed order, decision or determination will not be prejudiced thereby.
C.
No action shall be taken on applications referred to the Orange County Planning Department until the Department's recommendation has been received or 30 days have elapsed after the Department received the full statement on the applicant's proposal.
[Amended 6-3-1968[1]]
[1]
Editor's Note: This ordinance also repealed original Section 130-20-40, which immediately followed this subsection.
D.
A record shall be established of all variances granted pursuant to action of the Board of Appeals under this chapter. Each case shall be identified by a sequential numbering system and alphabetically by applicant's name. Said files shall be available for public inspection.
[Amended 6-3-1968]
E.
The Board shall keep minutes of its proceedings showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact. The Board shall keep records of its examinations and official actions, all of which shall be filed in the Clerk's office and shall be a public record.
F.
Building permits authorized by Board of Appeal actions on variance cases shall be obtained within 90 days and shall automatically expire if construction under the permit is not started within 90 days of issuance and completed within one year. Extensions of these periods may be granted by the Board of Appeals where good cause is shown.
[Amended 6-3-1968]
G.
The fees for applications to the Board of Appeals for all variances shall be determined by the Board of Trustees.
[Amended 7-2-1974 by L.L. No. 7-1974; 4-21-1986 by L.L. No. 1-1986]
§ 122-46 Appeals on interpretation.
The Board of Appeals shall, upon appeal, hear and decide:
A.
Any matter where the applicant alleges that the Building Official was in error in refusing to issue a building permit or certificate of occupancy as a result of misinterpreting the meaning, intent or application of any section or part of this chapter.
B.
Any matter where the appellant alleges that the Building Official was in error in his determination as to the exact location of a district boundary line on the Zoning Map that forms a part of this chapter.
C.
Any matter which the Building Official appeals on grounds of doubt as to the meaning or intent of any provision of this chapter or as to the location of a district boundary line on the Zoning Map.
§ 122-47 Special exception uses.
[Amended 6-3-1968]
The Planning Board shall have original jurisdiction and power to grant a permit for a special exception use on a particular site wherever it is expressly provided in this chapter that the special exception may be granted upon application to the Planning Board without a finding of practical difficulties or unnecessary hardship but subject to the general provisions of this chapter and more specifically to the guiding principles, general standards and the special conditions and safeguards contained in this section.
A.
Guiding principles.
(1)
Such use shall be one which is specifically authorized as a special exception use in the district within which the subject site is located.
(2)
Every decision by the Planning Board granting a permit for a special exception use shall clearly set forth the nature and extent of such authorized use and any special conditions or safeguards to which it shall be subject as a result of the Planning Board's findings. Violations of any such limitations or special conditions and safeguards shall be deemed a violation of this chapter, punishable under the provisions of Article XII.
(3)
A special exception use, for which a permit is granted by the Planning Board pursuant to the provisions of this section, shall be construed to be a conforming use.
B.
General standards. For every such special exception use, the Planning Board shall determine the following:
(1)
That such use will be in harmony with and promote the general purposes and intent of this chapter as stated in § 122-1.
(2)
That the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof.
(3)
That the proposed use will not prevent the orderly and reasonable use of adjacent properties in adjacent use districts.
(4)
That the site is particularly suitable for the location of such use in the community.
(5)
That the characteristics of the proposed use are not such that its proposed location would be unsuitably near to a church, school, theater, recreational area or other place of public assembly.
(6)
That the proposed use, particularly in the case of non-nuisance industry, does conform with this chapter definition of the "special exception use" where such a definition exists or with the generally accepted definition of such use where it does not exist in this chapter.
(7)
That access facilities are adequate for the estimated traffic from public streets and sidewalks so as to assure the public safety and to avoid traffic congestion, and further that vehicular entrances and exits shall be clearly visible from the street and not be within 75 feet of the intersection of street lines at a street intersection except under unusual circumstances.
(8)
That there are off-street parking and truck loading spaces at least in the number required by the provisions of Article VII, but in any case an adequate number for the anticipated number of occupants, both employees and patrons or visitors, and further that the layout of the spaces and driveways is convenient and conducive to safe operation.
(9)
That adequate buffer yards and screening are provided where necessary to protect adjacent properties and land uses.
(10)
That adequate provisions will be made for the collection and disposal of stormwater runoff from the site and of sanitary sewage, refuse or other waste, whether liquid, solid, gaseous or of other character.
C. AUTOMOBILE LAUNDRY BED-AND-BREAKFAST(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) CHURCH OR SIMILAR PLACE OF WORSHIP, PARISH HOUSE, SEMINARY OR CONVENT DWELLING UNITS OVER FIRST FLOOR NONRESIDENTIAL USES(1) (2) (3) FILLING STATION(1) (2) (3) (4) (5) (6) INDUSTRIAL BUSINESS PARK(1) (2) (3) (4) (5) (6) (7) (8) (9) INNS(1) (2) (3) (4) (5) (6) PHILANTHROPIC, FRATERNAL OR SOCIAL ORGANIZATION OFFICE OR MEETING ROOM PLANNED RESIDENTIAL DEVELOPMENT(1) (2)
(3) (4) (5) (6) (7) PUBLIC LIBRARY, MUSEUM, COMMUNITY CENTER, FIRE STATION, MUNICIPAL OFFICE or OTHER GOVERNMENTAL BUILDING OF SIMILAR CHARACTER PUBLIC PASSENGER TRANSPORTATION STATION OR TERMINAL PUBLIC UTILITY BUILDING, PLANT, STRUCTURE OR STORAGE YARD REPAIR GARAGE ROADSIDE MARKETS FOR THE SALE OF FARM PRODUCTS PRODUCED ON THE PREMISES(1) (2) (3) (4) (5) SCHOOL, ELEMENTARY OR HIGH, PUBLIC, DENOMINATIONAL OR PRIVATE, HAVING A CURRICULUM THE SAME AS ORDINARILY GIVEN IN PUBLIC SCHOOLS SELF-SERVICE STORAGE FACILITIES(1) (a) (b) (c) (d) (e) (f) (g) (h) (2) (3) (4) WAREHOUSE(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) WEARING APPAREL OR ACCESSORIES MANUFACTURE
Special conditions and safeguards for certain special exception uses. No authorization for a building permit shall be granted by the Planning Board for any use listed in this section, unless the Planning Board shall specifically find that, in addition to meeting all the general standards set forth in Subsection B, the proposed special exception use also meets the special conditions and safeguards required in this section.
[Amended 2-4-1985 by L.L. No. 1-1985; 12-16-1985 by L.L. No. 20-1985; 11-3-1986 by L.L. No. 4-1986; 1-30-1996 by L.L. No. 2-1996; 3-20-2002 by L.L. No. 2-2002; 8-6-2002 by L.L. No. 3-2002; 2-20-2007 by L.L. No. 1-2007; 1-20-2009 by L.L. No. 1-2009; 6-16-2015 by L.L. No. 1-2015; 6-7-2016 by L.L. No. 3-2016; 7-6-2021 by L.L. No. 3-2021]
See "filling station."
No authorization for a building permit or certificate of occupancy for a bed-and-breakfast within a business district shall be granted by the Planning Board unless the Planning Board shall specifically find that the proposed special exception use meets the following special conditions:
The operator of the bed-and-breakfast shall be the owner of the property and shall reside in the building to which the guest rooms are accessory.
Bed-and-breakfasts shall be permitted in existing buildings only.
The number of guest rooms permitted for rental shall be limited to five.
Room rental shall be strictly for transient usage. A limit of not more than 14 consecutive days' stay shall be permitted for each guest.
One off-street parking space shall be provided per room available for guest occupancy in addition to the off-street parking spaces required for the owner's residence.
The driveway serving the bed-and-breakfast shall have direct physical access to a public street, and full vehicular turnaround shall be provided unless site constraints dictate that such turnaround is not feasible, whereupon the Planning Board may waive this requirement.
The sanitary and water supply systems serving the structure shall be found to be adequate to meet the needs of the bed-and-breakfast use, and adequate waste enclosures shall be provided to contain the solid waste generated by the use.
Each guest room shall be equipped with a minimum of one single-station smoke detector and each floor must have a carbon monoxide detector.
All establishments shall comply with all building and fire prevention codes.
Building design/signage. Any changes to the exterior appearance of the building shall be reviewed by the Architectural and Historic Review Board. The appearance of the bed-and-breakfast shall be compatible and consistent with other buildings within the immediate neighborhood. Any sign shall comply with the sign requirements for the zoning district in which the establishment is located and shall likewise be reviewed by the Architectural and Historic Review Board.
Walkways/lighting. Hard-surface walkways with low-level lighting shall be provided from the parking spaces to the bed-and-breakfast entrance.
Permitted ancillary uses. Reception/office area, conference room and exercise/game rooms may be provided within a bed-and-breakfast for use solely by the owner and guests renting rooms. A bed-and-breakfast may also have a retail shop that is accessible to guests and the general public.
Dining facilities. There shall be no individual kitchen or dining facilities in any guest room. Food service shall be limited to breakfast and/or brunch for guests renting rooms. Breakfast and/or brunch may, however, be open to members of the general public within the discretion of the Planning Board, but in no event shall the total number of persons being served exceed 20 at any one time. Service to the members of the general public shall be permitted between the hours of 8:00 a.m. and 3:00 p.m. daily. The Planning Board may periodically review the days and hours for serving members of the general public to ensure that such operation is not adversely affecting traffic, parking, noise or neighboring properties.
Special events. The owner of a bed-and-breakfast, at the request of a guest renting a room, may hold a special event, such as a wedding, birthday celebration or other similar occasion, on the premises. In no event shall the number of attendees at such a special event exceed 40 people.[1]
For purposes of Subsection (1), "floor area" shall mean the horizontal area of the following spaces: kitchen, living rooms, bedrooms, studies, dens and family rooms together with adjoining closets and hallways.
At least two off-street parking spaces shall be provided within 500 feet of the dwelling. This requirement shall not be satisfied by utilizing a space or spaces in any municipal parking district established pursuant to § 122-30B, except as expressly provided by resolution of the Board of Trustees.
The lot area shall be not less than 20,000 square feet and have a minimum frontage along the principal roadway of at least 150 feet.
No church, school, library, playground or similar place of public assembly shall be within 500 feet of the site.
All pumps, lubricating and other devices shall be located at least 25 feet from any building, structure or street line.
Entrance or exit driveways shall be located at least five feet from any side or rear property lines. Such driveways shall be so laid out as to avoid the necessity of any vehicle backing across any right-of-way.
The area devoted to the outdoor storage of motor vehicles or parts thereof, for purposes of dismantling, will be screened from view of persons on adjacent streets by enclosing such areas with an opaque fence eight feet high or locating them inside a building. Not more than five motor vehicles shall be stored outdoors overnight.
Outdoor storage and display of accessories or portable signs and outdoor repair work shall be prohibited at all times. Premises shall not be used for the sale, rent or display of automobiles, trailers, mobile homes, boats or other vehicles.
No building dedicated solely to a warehouse use shall have a footprint of more than 80,000 square feet.
No open storage is allowed. All materials for storage or sale must be stored in completely enclosed buildings.
The facade of any warehouse with more than two loading docks shall be set back an additional 70 feet from residentially zoned properties.
No loading shall occur from the facade of the building facing a public street.
Building design. The Planning Board shall review the color, materials and design of all structures, including roof pitch, as to their conformity with surrounding structures, visibility from public roads, scenic areas and consistency with community character. Variations in materials, facade depths and other architectural design elements shall be used to break up the visual mass of large buildings. All structures on a single site should have a unified design.
Landscaping. Care shall be taken to provide an aesthetically pleasing, well-landscaped and well-maintained facility. Parking and loading areas and required yards shall be landscaped with a mix of evergreen and deciduous trees, shrubs of varying sizes and vegetative ground cover as appropriate to the site and approved by the Planning Board.
Parking should be calculated for the full site based on the standards established in § 122-25 herein and shall be designed so that all buildings share parking. If an applicant can demonstrate that the overall parking demand is less for the full Industrial Business Park than for the sum of the individual uses based on shared parking and varying peak parking times, the Planning Board shall have the authority to reduce the parking by up to 25% of the total demand required herein.
Where an Industrial Business Park development includes research, design and development offices, including the development of software, bio-medical or other technology development, the allowable development coverage may be increased to 50%.
Permitted ancillary uses may include classrooms, conference rooms, employee break or dining areas, fitness or locker rooms and product showrooms are allowed provided such uses are intended for employees or their invited guests only.
The maximum allowable continuous stay by a guest shall not exceed 14 days. No preparation of food in bedrooms or lodging areas shall be permitted.
The inn shall be restored, rehabilitated or reconstructed to preserve the historical integrity of the structure of the building as far as is practicable.
A minimum of three off-street parking spaces shall be provided, plus an additional off-street parking space for each bedroom in the inn.
The advertising display on the structure or building shall be limited to one plaque which will not exceed 10 square feet in area.
Accessory uses may include a related office, conference room for guests and retail shop space.
The inn must be located within the Village of Montgomery Historic District.
See "church," etc.
No authorization for a building permit shall be granted by the Planning Board unless the Planning Board shall specifically find that the proposed special exception use is in keeping with the intent of this provision to provide flexible planning for residential development and to promote the Master Plan while meeting the following special conditions:
An overall development plan shall be presented showing the use or use proposed, including dimensions indicating the areas set aside for each use, and the locations of all structures, parking spaces and rights-of-way or driveways and the provision for community sewer and water service.
The gross density in terms of dwelling units per acre over the entire development shall not exceed the number of units permitted under zone district regulations in effect as determined by multiplying the acreage of each zone district in the site by the following density factors:
District | Dwellings per Acre |
|---|---|
RA-3 | 2.9 |
R-4A | 3.5 |
R-4 | 4.4 |
The density of the area actually set aside for housing shall not exceed 28 dwellings per acre.
The area set aside as open space or common land shall not be less than one acre.
The resultant open space or common land shall be compatible with the Municipal Master Plan, particularly with respect to such use.
Such open space or common land shall only be owned and operated by a nonprofit corporation for recreational purposes, including natural parkland, or offered for dedication to the municipality for the same uses, but, in the case of a nonprofit corporation, a preestablished offer of dedication shall be filed with the municipality for acceptance if the nonprofit corporation were ever discontinued or failed in providing the recreational use.
The proposed planned residential development shall comply with all the applicable requirements of the municipality with respect to land development.
See "church," etc.
All loading or unloading locations for public transportation vehicles shall be off-street.
See "filling station."
The roadside market shall be so located as to provide adequate sight distance along the access roadway to permit customers reasonable time to turn into site.
There shall be adequate off-street parking of sufficient depth so that the entrance areas shall not be blocked.
Entrance areas shall be so graded and stabilized as to assure convenient access to the site.
Outdoor floodlighting shall be prohibited.
Only one sign, not larger than 12 square feet in area, shall be permitted.
See "church," etc.
Site and design requirements:
Circulation and access. If the site is fenced, the site access drive shall have the fence and its gate set back a minimum of 40 feet from the access road. Internal site circulation lanes shall be adequate in dimensional cross-section, width and turning radii where applicable to provide for maneuverability of fire trucks. Aisle width shall be a minimum of 23 feet for either one- or two-way traffic.
Security. Provision shall be made for adequate site security and access control. If the facility is gated, adequate provision shall be made for access by emergency service providers when the facility is closed. If fencing is provided for access control, in no case shall barbed wire of razor wire components be incorporated into the same. Such fence shall not exceed eight feet in height. Notwithstanding the foregoing, the solid rear and/or side wall(s) of a storage building or buildings may be incorporated into a fence line for purposes of access control subject to Architectural and Historic Review Board approval of the exterior finish of the same and other elements in Subsection (1)(c). Solid or decorative brick, stone, architectural tile, masonry or wood walls may be used for fencing and screening purposes. If provided, fences or their equivalent shall meet the minimum setback requirement for the district. The placement of or incorporation of signs or other advertising media on such fences or walls is not permitted unless expressly so approved by the Planning Board pursuant to Subsection (1)(h).
Aesthetics, screening, landscaping and lighting. Care shall be taken to provide an aesthetically pleasing, well-landscaped and maintained facility and to avoid a monotonous or fortress-like appearance to the extent that the facility may be visible off-site. Required yards shall be landscaped with a mix of trees, shrubs of varying sizes and vegetative ground cover as appropriate to the site and as approved by the Planning Board. The color, material and design of structures, including their roof pitch, and signs shall be reviewed by the Architectural and Historic Review Board as to their conformity with surrounding structures and community character to the degree said structures are visible to other properties. Security lighting shall be provided on the site, but in no case shall lighting be directed so as to cause a nuisance or hazard to other properties.
Limits on storage and use. In no case shall self-service storage facilities permit the storage or maintenance of radioactive, toxic, explosive or controlled substances. The servicing or repair of automotive equipment, tools or machinery and the construction or fabrication of goods or materials shall not take place on the site, either inside or outside the bounds of an individual storage unit. The operation of power tools, spray equipment, compressors and other equipment shall not be permitted as an adjunct to the use or lease of any storage unit. Auctions, garage or tag sales or any other commercial or private sales shall not take place on the site by the lessees of storage units. The owners or operators of the site may conduct public or private sales on the site solely for the purposes of enforcing liens pursuant to § 182 of the Lien Law of the State of New York no more than three times per calendar year. Parking spaces required pursuant to Subsection 3 may not be rented as, nor used for, vehicular storage spaces. No additional parking spaces other than those required pursuant to Subsection (3) of this section may be provided for the unenclosed storage of vehicles or items, including, but not limited to, automobiles, motorcycles, trucks, trailers, vans, recreational vehicles, campers, boats or water craft.
Limits on unit size. The maximum size of a storage unit permitted in a self-service storage facility is 600 square feet. In no case shall a single tenant be permitted to rent or lease more than 1,800 square feet in a single self-service storage facility.
Drainage. Adequate drainage control measures shall be provided on the site so as to avoid increasing the existing rates of flow off the site. Provision shall be made for protecting the quality of the surface water runoff from the site both during the operation of the site as well as during its construction.
Signs. The provision of § 122-33 shall not apply to this use, but signs shall be permitted as follows: a ground-mounted or pole-mounted sign shall be permitted at the entry of the site. If ground-mounted, such sign shall not be located so as to interfere with the visibility of traffic entering or exiting the site. Such sign shall not be higher than 10 feet, as measured from the top of said sign, and shall not exceed 36 square feet in area. The Planning Board may, in its discretion, permit an additional identification sign or lettering to be affixed to the front facade of the accessory office building. Such sign or lettering may not exceed 36 square feet in size. In no case shall any signage or other attention-getting devices be mounted on the roofs, doors or sides of any structures on the site nor to the site fence. On-site circulation signs shall be provided as needed with the review and approval of the Planning Board.
Accessory uses. A leasing office for the purpose of leasing the units within the self-service storage facility may be provided on the site. A manager's apartment may be provided for the use of a resident, on-site manager in addition to an accessory leasing office. The combined total size of the manager's apartment and the leasing office may not exceed 2,400 square feet nor exceed 35 feet in height. In addition, a business or professional office unrelated to the leasing office may be established within the same building housing the leasing office or resident, on-site manager's apartment; provided, however, that such business or professional office does not employ more than three individuals at any one time and provided that said office does not exceed 600 square feet.
Parking requirements. Self-service storage facilities shall provide a minimum of one parking space per 100 storage units, in addition to one parking space per 200 square feet of gross office space for the leasing office. Such parking spaces shall be located adjacent to the leasing office. If an on-site manager's apartment is provided, two parking spaces adjacent to said apartment shall be provided for such use in addition to those required for the remainder of the facility. In addition, if a business or professional office unrelated to the leasing office is established pursuant to Subsection (2) above, a minimum of one parking space per 200 square feet of gross office space must be provided adjacent to the leasing office.
Separation requirements. In order to avoid an excessive concentration of such facilities in the Village of Montgomery, self-service storage facilities must be separated from the bounds of a lot containing any other existing such facility or approved site for such a facility within the Village of Montgomery by 1,500 feet.
No authorization for a building permit or certificate of occupancy (for a proposed change in use) for a warehouse shall be granted by the Planning Board, unless the Planning Board shall specifically find that the proposed special exception use is in keeping with the intent of the Comprehensive Plan while meeting the following special conditions:
No warehouse shall be situated on a site that is less than one acre.
No warehouse building shall be greater than 35,000 square feet in the B-1 and I-2 Districts and no greater than 80,000 square feet in the I-1 District.
Safe and adequate internal vehicular traffic circulation patterns shall be provided on site so that trucks do not have to maneuver within public rights-of-way and to allow access by emergency service vehicles.
No open storage is allowed. All items and materials shall be stored completely within the confines of the warehouse building.
Permitted ancillary uses. Professional offices, classrooms, conference rooms, employee break or dining areas and showrooms are allowed provided such uses do not occupy more than 20% of the total building area of the principal warehouse use.
Building design. The Planning Board shall review the color, materials and design of all structures, including roof pitch, as to their conformity with surrounding structures, visibility from public roads, scenic areas, and consistency with community character. Variations in materials, facade depths and other architectural design elements shall be used to break up the visual mass of large buildings. Multiple structures on a single site should have a unified design.
Landscaping. Care shall be taken to provide an aesthetically pleasing, well-landscaped and well-maintained facility. Parking and loading areas and required yards shall be landscaped with a mix of evergreen and deciduous trees and shrubs of varying sizes and vegetative ground cover as appropriate to the site and approved by the Planning Board.
Lighting plans should be provided with the Site Plan for review by the Planning Board. Lighting fixtures should be downcast and shielded so there is no glare or spillover onto other properties.
Such facilities are prohibited from storing or allowing the storage of toxic, explosive, flammable or otherwise dangerous and noxious materials that are incompatible with the public health and safety or that may pose a risk of groundwater or other contamination.
The facade of any warehouse with more than two loading docks shall be set back an additional 70 feet from residentially zoned properties.
No loading shall occur from the face of a building facing a public street.
All activities, including storage, shall be conducted within the building.
§ 122-48 Special exception use and public hearing procedure.
[Added 6-3-1968]
A.
Application for a permit authorizing a special exception use shall be made directly to the Planning Board in the form required by the Planning Board accompanied by a filing fee payable to the Village Clerk and a site plan according to § 122-61.
B.
The Planning Board shall hold a public hearing within 62 days from the time of receipt of the complete application by the Planning Board and shall provide for the giving of notice at least five days prior to the date thereof in the same manner as provided for in § 122-45B(1) through (4) for applications to the Board of Appeals for variances.
[Amended 7-6-1987 by L.L. No. 4-1987; 1-30-1996 by L.L. No. 2-1996]
C.
No action shall be taken on applications referred to the Orange County Planning Department until the Department's recommendation has been received or 30 days have elapsed after the Department received the full statement on the applicant's proposal.
D.
The Planning Board shall render a decision on a special exception use within 62 days of the public hearing. The time within which the Planning Board must render its decision may be extended by the mutual consent of the applicant and the Board. The decision of the Planning Board shall be filed in the office of the Village Clerk within five business days after such decision is rendered and a copy thereof mailed to the applicant.
[Amended 7-6-1987 by L.L. No. 4-1987; 1-30-1996 by L.L. No. 2-1996]
E.
A record shall be established of all special exception uses granted pursuant to action of the Planning Board under this chapter. Each case shall be identified by a sequential numbering system and alphabetically by applicant's name. Said files shall be available for public inspection.
F.
Upon the granting of a permit for special exception use by the Planning Board, the Secretary of the Planning Board shall transmit written approval of such use to the Building Inspector prior to his issuance of a building permit for the special exception use.
G.
Building permits authorized by Planning Board actions on special exception cases shall be obtained within 90 days and shall automatically expire if construction under the permit is not started within 90 days of issuance and completed within one year. Extensions of these periods may be granted by the Planning Board where good cause is shown.
H.
The fee for applications to the Planning Board shall be determined by the Board of Trustees.
[Amended 4-21-1986 by L.L. No. 1-1986]
I.
The Planning Board shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations.
[Added 1-30-1996 by L.L. No. 2-1996]
§ 122-49 Variances.
A.
Except as otherwise provided in this chapter, the jurisdiction of the Board of Appeals is appellate only and is limited to hearing and deciding appeals from and reviewing any order, requirement, decision, interpretation or determination made by the Building Inspector. On appeal from the decision or determination of the Building Inspector, the Board shall have the power to grant use variances and area variances as specified in Subsection C of this section.
[Added 1-30-1996 by L.L. No. 2-1996]
B.
Guiding principles.
(1)
Every decision by the Board of Appeals granting a variance shall clearly set forth the nature and extent of such variance.
(2)
Every variance granted by the Board of Appeals may be made subject to conditions and safeguards as the Board shall deem to be applicable to the particular case. Violations of such conditions or safeguards which are a part of the Board's decision shall be deemed a violation of this chapter, punishable under the provisions of Article XII.
(3)
Any variance granted by the Board of Appeals pursuant to the provisions of this section shall be construed to be a nonconforming use.
C.
General standards.
(1)
Use variances. No use variance shall be granted by the Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship the applicant shall demonstrate to the Board that for each and every permitted use under the zoning regulations for the particular district where the property is located:
(a)
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence.
(b)
That 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)
That the requested use variance, if granted, will not alter the essential character of the neighborhood.
(d)
That the alleged hardship has not been self-created.
(2)
Area variances. In making its determination on an application for an area variance, the Board of Appeals 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:
(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.
(d)
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.
(e)
Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board, but shall not necessarily preclude the granting of the area variance.
(3)
In granting use or area variances, the Board shall grant the minimum variance that it shall deem necessary and adequate and at the same time reserve and protect the character of the neighborhood and the health, safety and welfare of the community.
D.
Specific types of variances. In the instances of the following types of variances, the Board of Appeals is hereby specifically empowered to grant the variance pursuant to the guiding principles and general standards stated in Subsections B and C and the following provisions:
(1)
With respect to lots lying across district boundary lines, to grant a permit, in appropriate cases, where the lot of the appellant, as such lot existed on the effective date of this chapter, lies across the boundary of two districts, for the extension into the more restrictive district of a lawful conforming use permitted in the less restrictive district, but for a distance not exceeding 50 feet measured at right angles to such district boundary line.
(2)
With respect to nonconforming uses, buildings and lots:
(a)
To grant a permit for the enlargement or extension of a nonconforming use or building on the lot occupied by such use or building on the effective date of this chapter, provided that;
[1]
Such enlargement or extension was arranged, intended or designed for such nonconforming use or building on the effective date of this chapter;
[2]
Such enlargement or extension shall not exceed in all 50% of the replacement cost of the existing building on the effective date of this chapter, exclusive of foundations; and further
(b)
To grant a permit for the reconstruction, structural alteration, restoration or repair of a building or structure, used for a nonconforming use, to an extent exceeding in aggregate 50% of the replacement cost of such building or structure, exclusive of foundations.
(c)
To grant a certificate of occupancy for a change in a nonconforming use, provided that:
(3)
With respect to yard requirements, to grant a variance modifying the yard requirements of a nonconforming lot which qualifies under the terms of § 122-39D as to ownership, but where compliance with the dimensional provisions of this chapter is infeasible.
(4)
With respect to fences, to grant a permit, in appropriate cases, for a higher fence or wall than the maximum heights stipulated in § 122-21.
(5)
With respect to accessory parking and truck loading spaces:
(a)
To waive the requirements of § 122-25B, C and D for off-street parking and truck loading spaces, in whole or in part, in a case where the municipality owns or operates a public parking and/or truck loading area within 500 feet of the lot and where the Board of Appeals determines that there is no need for additional facilities.
(b)
(c)
To permit a reduction in the number of off-street parking spaces or truck loading spaces originally required and installed for a particular use pursuant to § 122-25B, C and D, in cases where the Board of Appeals determines that, by reason of diminution in number of dwelling units or residents or in flood area, seating capacity or area, number of employees or change in other factors determining the demand for such spaces, the proposed reduction in available spaces will be consistent with the requirements of § 122-25B, C and D and further provided that the area so withdrawn from these uses remain in reserve for potential future increases in need.
(6)
Temporary building permits.
(a)
With respect to temporary building permits, to grant a temporary building permit for a period not to exceed one year for a nonconforming building, structure or use incidental to a building or other construction project, including such uses as the storage of building supplies and machinery, a real estate office or model houses located on or near a tract of land where individual properties are being offered for sale, provided that:
[1]
Such temporary permit shall be issued only upon written agreement by the owner or his agent to remove such building, structure or use or to convert it to a conforming use upon the expiration of the permit; and further that
[2]
Such permit shall be subject to such reasonable conditions as the said Board of Appeals shall determine to be necessary to protect the public health, safety, morals or general welfare.
(b)
Such permit may be renewed annually, at the direction of the Board of Appeals, for not more than two additional years.
§ 122-50 Failure of Planning Board to render decision.
[Added 7-6-1987 by L.L. No. 4-1987[1]]
Notwithstanding any contrary provision in the Village Law, Code of the Village of Montgomery or the Village of Montgomery Subdivision Regulations,[2] no failure of the Planning Board to render a decision within a stated period of time shall result in an automatic approval of a plat, site plan, special exception use or any other application.