Montour Falls Village
City Zoning Code
City Zoning Code
ARTICLE IV
General Supplementary Regulations
§ 160-16 Parking, loading, access and traffic standards.
A.
Off-street parking, loading and unloading facilities shall be provided as necessary in connection with every use. One-family residential uses shall be provided with two off-street parking spaces per dwelling unit. Two-family and multifamily residences shall require 1.5 parking spaces per dwelling unit [subject to reductions based on criteria in Subsection A(2) below]. Parking needs with respect to all other uses shall be determined in conjunction with site plan review.
(1)
Parking requirements.
(a)
The following parking standards shall set the maximum number of new off-street parking spaces for all new, expanded or modified land uses, and apply cumulatively in the case of mixed-use projects such as resorts, provided that adjustments may be made by the Planning Board to reflect the likelihood of shared parking within the project:
Basic Parking Requirements | |
|---|---|
Land Use | Parking Maximum |
Home occupations | 1 space per 200 square feet of floor area devoted to use |
Hotels/motels | 1 space per rental room plus 1 for each 4 employees |
Industrial uses | 1 space per 400 square feet floor area |
Commercial uses | 1 space per 175 square feet floor area |
Places of public assembly | 1 space per 4 seats |
Offices | 1 space per 200 square feet floor area |
Restaurants | 1 space per 50 square feet floor area |
Vehicle service establishments | 4 spaces plus 1 per employee |
(b)
"Commercial uses," for purposes of this section, shall mean retail and service uses, excluding vehicle service establishments, other auto-related uses, offices, restaurants and hotels/motels. Places of public assembly shall be churches, halls, movie theaters, schools and other places where large numbers of individuals are seated for purposes of events. Vehicle service establishments: automotive service stations, vehicles and equipment sales, and any other vehicle-related use including sales lots, repair garages and gasoline stations. When a vehicle service establishment includes vehicle and equipment sales, the spaces allowed hereby shall be in addition to whatever space is required for outdoor display of vehicles or pieces of equipment for sale. Under no circumstances shall vehicles or pieces of equipment for sale be parked in any public right-of-way or on any landscaped surface.
(2)
The Planning Board shall determine a reasonable number, if any, of required off-street parking spaces for any new building or use based upon the following criteria:
(a)
Industry studies of parking needs for the type of use proposed or actual case-study comparisons for projects of similar character. The Planning Board may require the developer or applicant to gather and submit such data in support of its proposed parking provisions. The National Parking Association, the Victoria Transport Policy Institute, and the Urban Land Institute are examples of such industry sources.
(b)
The characteristics of the proposed customers, residents, occupants or visitors to a given facility. Housing for the elderly would, for example, require fewer spaces per dwelling unit than time-shared recreational units, even though the number of dwelling units is the same.
(c)
Expected occupancy rates, traffic levels and numbers of employees in connection with any enterprise and the degree to which these directly relate to parking requirements.
(d)
Recommendations, if any, from Village consultants, other public agencies or information sources that suggest, based on experience, the appropriate amount of parking in connection with a given use.
(e)
The likelihood parking will be shared with adjoining facilities, the impact of daily peak visitation or use periods on demand and the hours of operation as compared to other neighborhood activities.
(f)
The availability of reserve areas designated on the site plan for future parking development in the event of demonstrated need, as determined and directed by the Code Enforcement Officer or Planning Board.
(g)
The availability of on-street parking or other parking arrangements (e.g., agreements with nearby property owners to make spaces available) that would satisfy parking demand during the hours the affected use is in operation.
B.
Garages, carports, and driveways not in the public right-of-way may be considered parking spaces. Parking spaces shall be a minimum of 10 feet wide and 20 feet deep. Perpendicular parking spaces shall be accessed by an interior drive of no less than 25 feet in width for turning purposes (see illustration). This distance may be reduced to 20 feet for 60° angle parking, 15 feet for 45° angle parking and 13 feet for 30° angle parking.
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C.
Any lighting used to illuminate any off-street parking shall be so shielded as to deflect the light away from adjoining premises and public rights-of-way and avoid light spillage onto adjacent properties.
D.
All parking areas which are designed to accommodate 12 or more vehicles shall be landscaped using materials of sufficient growth and height to aesthetically balance the impact of the open paved area and provide effective stormwater control, as shall be determined by the Planning Board.
E.
Any building erected, converted or enlarged for commercial, office, manufacturing, wholesale, institutional or similar uses shall, in addition to the off-street parking space required above, provide adequate off-street areas for loading and unloading of vehicles. Public rights-of-way shall, under no circumstance, be used for loading or unloading of materials. The minimum size loading space shall be 60 feet in depth and 12 feet in width, with an overhead clearance of 14 feet. It shall be accessible by driving in and not require backing in from off the public right-of-way.
F.
Access to and from all nonresidential off-street parking, loading and vehicle service areas along public rights-of-way shall consist of well-defined separate or common entrances and exits and shall comply with the following provisions:
(1)
Access drives shall comply with all requirements of the Village of Montour Falls. Access drives onto state and county highways shall be subject to New York Department of Transportation and Schuyler County standards, as the case may be.
(2)
Each entrance and exit shall be clearly defined with curbing, fencing or vegetative screening so as to prevent access to the area from other than the defined entrance and exits.
(3)
All access drives shall be subject to the requirement of obtaining a driveway permit from the Village of Montour Falls, Schuyler County or the New York State Department of Transportation, as the case may be, and approval of any permits hereunder may be conditioned upon the application for and/or receipt of such permits from these authorities.
(4)
The Village of Montour Falls Planning Board may, in conjunction with site plan review, establish additional requirements pertaining to highway access permits on county and state roads, providing such additional requirements do not conflict with county or state requirements. The Planning Board shall be specifically authorized to require any on-site or off-site road improvements demanded to mitigate traffic impacts where the existing level of service is LOS D or worse or the project would result in LOS D conditions, as defined in the Highway Traffic Manual.
(5)
For reasons of traffic and pedestrian safety, both on and off the street, as well as to provide for possible future road widening or other improvements, all new driveways and sidewalk crossings entering onto any street shall comply with all the requirements of this chapter, including but not limited to obtaining the appropriate permits and the payment of any and all fees for said permits, and shall be subject to the approval of the Superintendent of Highways, except where such are part of a use subject to site development plan approval, in which case they shall also be subject to Planning Board approval.
(6)
No driveway center line shall intersect a street line less than 100 feet from the intersection of any two street lines (150 feet on Route 14 or 224), including intersections on the opposite side of the street.
(7)
Clear visibility shall be provided in both directions at all exit points so that the driver of an automobile stopped on the platform portion of any new driveway will have an unobstructed view of the highway for a reasonable distance (commensurate with the speed and volume of traffic on such highway) and so that there is a similar view of the automobile in the driveway.
(8)
Driveway grades:
(a)
The maximum grade for new subdivisions, concerning a driveway accessory to a single-family dwelling and connecting its off-street parking area to a street, shall be 10%, except where it can be demonstrated to the satisfaction of the approving authority that, because of unreasonable hardship affecting a particular property, the construction of a driveway shall be permitted, provided that the increase in driveway grade is the minimum increase required, and further provided that in no case shall such driveway grade be permitted to exceed 12%.
(b)
The maximum grade for new driveways accessory to uses other than single-family dwellings and connection the required off-street parking area to the street shall not exceed 7%, except that the approving authority shall have the same power to permit increased grades here as above, provided that such grades shall in no case exceed 10%.
(c)
Notwithstanding the maximum permitted grades specified above, all driveways shall have a negative 2% grade within 50 feet of the center line of the traveled way of the street, or within 25 feet of the property line of the street, whichever distance is greater. The Planning Board may require increased platform areas of this type in situations where, because of the nature of the proposed use, substantial traffic volumes are anticipated.
G.
Access to Routes 14 and 224.
(1)
No tract shall be provided direct access to Routes 14 or 224 if adequate alternate access can be provided by way of another road, a frontage or parallel access drive or a cross access drive.
(2)
No driveway shall be constructed within 100 feet of a public highway intersection on Routes 14 or 224. Spacing between driveways on Routes 14 and 224 shall be as follows, measured from the midpoint of each driveway or intersecting roadway:
Required Driveway Spacing | |
|---|---|
Posted Speed (miles per hour) | Minimum Spacing (feet) |
30 | 125 |
35 | 150 |
40 | 175 |
45 | 200 |
55 | 250 |
(3)
Required driveway spacings on Routes 14 and 224 are based on average vehicular acceleration and deceleration rates and are considered necessary to maintain safe stopping distances and traffic operations. Spacing will be measured from the midpoint of each driveway or intersecting roadway. Should a particular parcel lack sufficient frontage on Route 14 or 224 to accommodate adequate spacing, the landowner shall have the following options (in addition to the right to seek a variance from the Zoning Board of Appeals):
(a)
The landowner may establish a joint-access driveway with an adjoining property. The driveway midpoint in such cases shall be the property line between the two parcels. Alternatively, the landowner may gain access from a cross-access drive or frontage road that connects the subject property and the adjoining property or properties. A joint easement agreement shall, in either of these two cases, be executed and filed with the deed of the participating properties prior to an access permit being granted.
(b)
The landowner may seek an exception from these requirements when the above cannot be fulfilled at the time of application. The landowner shall, in such case, provide proof of an attempt to secure access from a common driveway or cross access drive. The Planning Board shall impose the condition in such instance that the approved driveway is a temporary driveway and the landowner shall submit a deed agreement with the Village of Montour Falls agreeing to close the driveway and to seek to establish a joint driveway or cross-access driveway, if feasible, when an adjoining property is developed or redeveloped.
(4)
All land owners submitting a subdivision or site plan for property on Route 14 or 224 shall address the feasibility of the use of joint-access driveways, cross-access drives and linked or shared parking lots. Use of such techniques shall be required wherever feasible.
(5)
Retail and service businesses subject to site plan review shall, where practical, be required to provide pedestrian connections to adjoining retail and service properties along the frontage of regulated routes.
(6)
No tract shall be provided with more than one point of direct access to Route 14 or 224, except for secondary emergency only accesses. However, if determined to be in the best interest of traffic operations, one driveway solely for ingress and one driveway solely for egress may be considered as one access point. Tracts with frontage of at least 600 feet may be permitted two access points in those instances where traffic operations will be demonstrably improved by such a design. Such driveways shall be separated from each other and from any intersecting street or driveway on an adjoining property by a minimum of 350 feet, as measured along the frontage of Route 14 or 224, unless physical circumstances prohibit such separation.
(7)
Any landowner of a tract adjoining the regulated routes who files a subdivision or site plan application shall submit, at the time of initial application, an overall development sketch plan. This sketch plan shall establish future access locations along Routes 14 and 224. Final approval shall establish the number of access ways permitted for the tract regardless of any future subdivision or development plan. No individual dwelling unit within any tract to be subdivided or developed for two or more dwelling units shall be provided with direct access to Route 14 or 224.
(8)
A curb line opening along Route 14 or 224 for other than single-family residences shall be between 24 and 50 feet. However, the curb line opening for high volume uses generating more than 1,500 vehicles per day may be greater than 50 feet, if the opening conforms to New York State Department of Transportation standards.
(9)
Access points may be restricted to right-turn in, right-turn out if determined to be in the best interest of traffic operations.
(10)
When two adjacent landowners agree to combine access points, the Planning Board may grant an incentive bonus. The total lot size and road frontage normally required may be reduced for both landowners. The required number of parking spaces may, in addition, be reduced for each development. However, if the adjoining land uses are determined to have the same peak hour for parking generation, the Planning Board may withdraw the incentive bonus or require the developer set aside land, clearly indicated on the site plan for future paving for parking, to meet statutory requirements if an analysis conducted within one year after occupancy determines parking is insufficient.
H.
All nonresidential parking and loading areas and parallel circulation and service lanes shall be separated from the paving edge of a public thoroughfare or adjoining property lines by a landscaped planting strip at least 15 feet in depth (also see landscaping standards).
I.
Traffic study. The Planning Board, at its discretion, may require a traffic impact study by an independent engineer with any application involving an activity likely to generate more than 250 trip-ends per day based on the daily rates set forth in the table following. The study shall examine existing and projected traffic flows before and after development and generally follow the guidelines set forth by National Cooperative Highway Research Program (NCHRP) Report 758: Trip Generation Rates for Transportation Impact Analyses of Infill Developments (2013). Its purpose shall be to ensure that proposed developments do not adversely affect the transportation network and to identify any traffic problems associated with access to the site from the network. It shall identify solutions to potential problems and any improvements needed. The scope of the study shall be approved in advance by the Planning Board. This requirement shall apply in the case of county or state, as well as Village roads.
§ 160-17 Floodplain development standards.
There is hereby created a special zoning district, the boundaries of which shall be congruent with those areas identified as special flood hazard areas on the Flood Hazard Boundary Maps for the Village of Montour Falls, as issued by the Federal Insurance Administration or its successor. This district shall be an overlay zone, within which the normal provisions of the zoning districts as mapped on the Official Zoning Map shall apply, except that no development shall be permitted which does not comply with the provisions of the Village of Montour Falls Flood Damage Prevention Law, as amended.[1]
[1]
Editor's Note: See Ch. 80, Flood Damage Prevention.
§ 160-18 Home business and occupation regulations.
A.
Home occupation, as defined herein, shall be permitted in all districts as accessory uses, provided:
(1)
There are no employees working on the premises other than family members;
(2)
There is no outside storage of equipment, vehicles or materials used in the business other than an automobile for personal transportation; and
(3)
There is no regular traffic to the site for other than mail service and occasional (e.g., semi-weekly) deliveries and client/customer visits.
B.
Home business shall be permitted, with site plan review by the Planning Board, within all districts, provided they do not detract from the residential character, appearance, or makeup of the neighborhood in which the business is located. The following review criteria shall be used to determine if this standard will be met:
(1)
Extent of the business: whether or not the residential use will be the primary use of the property. Factors that shall be used to determine the primary use of the property shall include, but are not limited to, the area of the home or property used for the business (limited to a maximum of 35%), the number of non-resident employees (limited to three) and the amount of time the business will be open to the public on a daily basis (limited to 10 hours).
(2)
Appearance from an adjacent street: whether or not the use of the property as a business is distinguishable from an adjacent street. Except for a nonilluminated, permanent identification sign no larger than two square feet in size attached to the principal structure, there shall be nothing that occurs on the property that can be observed from adjacent streets that make it readily apparent that a business is being operated on the premises. In cases where the principal structure is obscured from the street, or the structure is set back more than 50 feet from the property line, a nonilluminated ground sign not to exceed four square feet may be used. Factors for evaluating this standard shall be that the residential dwelling not be altered to change its residential appearance. No activity related to the conduct of the home-based business shall be permitted to occur in such a manner as to be obtrusive to the neighborhood, attract undue attention to the business or adversely impact the residential character of the neighborhood.
(3)
Impact on the neighborhood: whether or not the business activity will cause a nuisance to surrounding property owners; adversely impact the peace, health, or safety of neighborhood residents; and/or create a deviation from the residential character of the neighborhood. Factors for evaluating this standard shall be:
(a)
Traffic: whether or not the business will generate traffic that is excessive and/or detrimental to the neighborhood. A business will be allowed to generate a maximum of 24 vehicle trips per average weekday, Saturday and Sunday. However, based on the characteristics of a specific neighborhood, these amounts may be lowered or raised. The factors to be used for such a determination shall include, but are not limited to, pertinent characteristics of the neighborhood such as width of properties, width of the streets, hills, curves, the number of children present and existing traffic levels on the adjacent street.
(b)
Nuisance: whether or not the business activity would cause a nuisance to surrounding property owners. Existing property maintenance codes, fire codes, building codes, environmental and safety codes and other related local laws shall be the primary basis for evaluating the potential for creating such a nuisance.
C.
No home business or occupation, having once been permitted or established, shall be added to, expanded, enlarged or otherwise increased or changed substantially in character without complying with this chapter. Such permission or establishment shall not be a basis for a later application to establish a principal commercial use. Moreover, the conversion of a residence with a home business or occupation to a commercial use by the abandonment of the residence or sale, rent or transfer of the business to a party which does not reside on-site is strictly prohibited unless the business is then moved off-site.
§ 160-19 General commercial and industrial standards.
Wherever commercial, manufacturing or other nonresidential uses or improvements and changes to such uses with the exception of agricultural activities and home occupations, are proposed, the following performance standards shall apply. The Code Enforcement Officer shall ensure these standards are met prior to issuing certificates of occupancy for such uses and may require the applicant(s) to provide documentation of compliance.
A.
Where a commercial or manufacturing use is contiguous to an existing residential use in any District (including those situated on the opposite side of a highway) or any approved residential lot in a residential district, the Planning Board may require that the minimum front, side and rear yards be increased by up to 50%. The Board may also require, for purposes of separating incompatible activities or shielding the residence from negative impacts, that a buffer consisting of a solid fence of wood and/or a twenty-foot-wide dense evergreen planting not less than six feet high be maintained, unless the properties are in the same ownership or the full width of the yard is already wooded. See also the landscaping standards contained herein.
B.
Burning of waste materials in open fires is prohibited. Details of the potential hazards and planned safety and accident response actions shall be provided by the applicant upon the Planning Board's request. The Planning Board may require greater yards and/or fencing to mitigate impacts.
C.
No activities shall be permitted which emit dangerous radioactivity or electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance.
D.
Noise.
(1)
No land use shall generate sound levels, at or beyond any lot line, that exceeds the ambient noise level by more than 10 decibels. Any sound of five to 10 decibels above the ambient noise level shall be attenuated or mitigated to the maximum degree practical, as shall be determined by the Planning Board during site plan review. The ambient noise level shall be determined for all lot lines of any the site where the project is to take place and any other locations as shall be specified by the Planning Board. It shall be measured on an equivalent sound level basis, as defined by the New York State Department of Environmental Conservation (see Assessing and Mitigating Noise Impacts Program Policy) over a twelve-hour period, 7:00 a.m. to 7:00 p.m., on a Sunday at the site of the proposed project.
(2)
Regardless of the ambient noise level, the maximum sound pressure level radiated by any use or facility, at or beyond any lot line, shall, in addition not exceed the maximum values in the designated octave bands listed below:
Maximum Noise Limits | |
|---|---|
Frequency Band (cycles per second) | Sound Pressure level (decibels) |
20 to 75 | 69 |
76 to 150 | 60 |
151 to 300 | 56 |
301 to 600 | 51 |
601 to 1,200 | 42 |
1,201 to 2,400 | 40 |
2,401 to 4,800 | 38 |
4,801 to 10,000 | 35 |
(3)
These minimum standards apply to any noise radiated continuously from any facility or activity between the hours of 7:00 p.m. and 7:00 a.m. If the noise is not radiated between the hours of 7:00 p.m. and 7:00 a.m. the above decibel level limits may be increased by five decibels. Such limits shall be reduced by five decibels, however, for any noise of an impulsive or periodic character (hammering, screech, etc.). These standards shall also apply to amplified loudspeakers, compressors and similar devices outside CB, B-1 and GD.
(4)
The sound pressure level shall be measured with a sound level meter and associated octave band analyzer conforming to standards prescribed by the American Standards Association, Inc. (ANSI). The Planning Board may, as a condition of site plan review, require additional setbacks, buffers and fencing, or limit the hours of operation to mitigate any potential noise impacts.
(5)
The maximum permissible sound levels of this section shall not apply to emergency or security alarms, repair or construction work to provide public utilities, construction operations between the hours of 7:00 a.m. and 9:00 p.m., emergency repairs, agricultural activities, motor vehicles used on public streets in accord with state regulations, government authorized public celebrations, unamplified human voices or routine ringing of bells or chimes by a place of worship or similar facility.
(6)
No vibration shall be permitted on a regular or continuing basis that is detectable without instruments at the property line.
E.
Lighting.
(1)
Lighting for all commercial, residential, institutional and industrial uses shall be shielded to prevent glare and spillover of light onto adjoining properties.
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(2)
All lighting shall be designed so as to avoid unnecessary or unsafe spillover of light and glare onto operators of motor vehicles, pedestrians and land uses in proximity to the light source.
(3)
No direct or sky-reflected glare, whether from floodlights or from high-temperature processes such as combustion or welding or other sources, so as to be visible at the property line on a regular or continuing basis, shall be permitted.
(4)
Lighting contours shall be required on site plans for purposes of determining compliance with this section. Average footcandles at the property line shall be less than 1.0 except at site entrances.
(5)
Globe lights shall not be permitted.
(6)
Light pole heights shall not exceed building heights and none shall exceed 25 feet in height.
(7)
All lighting over 2,000 lumens in strength shall meet the full cut-off standard of the Illuminating Engineering Society of North America (IESNA).
(8)
All site activity areas, including parking lots and walkways, shall meet minimum IESNA standards and exceed those standards by no more than 25%.
(9)
All gasoline canopy lighting shall be fully recessed and the average light level under the vehicular canopy shall not exceed 20 horizontal maintained footcandles.
F.
No emission of fly ash, dust, fumes, vapors, gases and other forms of air pollution shall be permitted on a regular or continuing basis which can cause any damage to health, to animals, vegetation, or other forms of property, or which can cause any excessive soiling.
G.
All activities involving the possible contamination of surface or ground water shall be provided with adequate safety devices to prevent such contamination. Details of the potential hazards (including the groundwater characteristics of the area in which the use is proposed) and planned safety devices and contamination response actions shall be provided by the developer.
H.
Whenever a vehicle and equipment sales, mechanical and/or body repair use is proposed as an accessory use as an expansion of an existing nonconforming use, the following additional performance standards shall apply:
(1)
All mechanical and body repair work shall be performed within buildings.
(2)
All automobile or vehicle parts, new or used, shall be stored within buildings.
(3)
Vehicles which are temporarily on the property awaiting to be repaired, shall be stored in an area which meets the minimum yard and buffer requirements applicable for the district and the use.
I.
All industrial uses, processing and storage shall be within fully enclosed structures, and no tanks, cupolas, vents or other apparatus peculiar to the processing shall be visible outside the approved buildings. The facade of buildings and structures in industrial uses shall be compatible with adjacent development and shall be fully landscaped in accordance with the requirements therefore that are contained herein.
§ 160-20 Landscaping, screening and buffer regulations.
A.
Purpose. The following standards are intended to enhance the appearance and natural beauty of the Village and to protect property values through preservation and planting of vegetation, screening and landscaping material. Specifically, these standards are intended to enhance the appearance of major travel corridors and business areas; to reduce excessive heat, glare and accumulation of dust; to provide privacy from noise and visual intrusion; and to prevent the erosion of the soil, excessive stormwater runoff and the consequent depletion of the groundwater table and the pollution of water bodies.
B.
General requirements. The following provisions shall apply to any use in all zoning districts:
(1)
All lots shall be graded and seeded and all other applicable requirements of these landscaping regulations imposed by the Planning Board shall be fully met prior to the Code Enforcement Officer granting a certificate of occupancy for a new building or use subject to these regulations. An irrevocable letter of credit or cash bond shall be posted in an amount sufficient to cover the cost of such grading and seeding when the applicant cannot perform this work due to seasonal impracticalities.
(2)
Landscaping, trees and plants required by these regulations shall be planted in a growing condition according to accepted horticultural practices and they shall be maintained in a healthy growing condition. Any landscaping, trees and plants which are in a condition that does not fulfill the intent of these regulations shall be replaced by the property owner during the next planting season. An irrevocable letter of credit or cash bond shall be posted in an amount sufficient to cover the cost of such landscaping when the applicant cannot perform this work due to seasonal impracticalities.
(3)
A screening fence or wall required by these regulations shall be maintained by the property owner in good condition throughout the period of the use of the lot subject to the following conditions: Any land that is or has been designated or required to be screening area, buffer area or paved area pursuant to an approval by the Village Board, Planning Board or Zoning Board of Appeals of any grant of an application for a change of zone, variance, subdivision of site plan approval or which is required by ordinance or local law must be maintained by the owner of the property or any of the owners, successors in the interest or assignees.
(4)
Where required by the Planning Board, all landscaping, trees and planting material adjacent to parking areas, loading areas or driveways shall be protected by barriers, curbs or other means from damage by vehicles and from stormwater runoff.
(5)
The preservation of mature shade trees and unique site features shall be required to the maximum practical extent. These, however, may be used to meet requirements of this section provided the Code Enforcement Officer or Planning Board, as the case may be, determines the purpose of this section is achieved.
(6)
Where lot size and shape or existing structures make it infeasible to comply with the requirements for a front landscaped area or landscaped parking area, the Planning Board may approve planters, plant boxes or pots containing trees, shrubs and/or flowers to comply with the intent of these regulations.
(7)
Buffer area.
(a)
A buffer area shall be required along all boundaries of a nonresidentially zoned or utilized lot abutting any lot in a residential district. The regulations shall also apply when the nonresidentially zoned lot and the lot in the residential district are separated by a road. Such buffer area shall be located within the boundaries of the subject property or owned or controlled by the same property. The minimum width of buffer areas shall be as follows:
[1]
HC Health Care or B-1 Business District: 20 feet.
[2]
CB Core Business District: 10 feet.
[3]
GD Gateway District: 30 feet.
(b)
The 10 feet nearest the residential district shall be planted with shrubs, trees and other plantings acceptable to the Planning Board and having a uniform height of not less than five feet above ground at the time of planting and set a distance suitable for the proper maturation of such planting and shall be properly maintained to afford an effective screen between the two districts. A landscaped earthen berm, wall or fence of location, height, design and materials approved by the Planning Board may be required for any portion of the required planting and/or buffer area. Where the existing topography and/or landscaping provides adequate screening, the Planning Board may accept the existing planting and/or buffer area as the required planting. The Planning Board may also require an increase or permit a decrease in these requirements if the Board believes that said variation will better accomplish the objectives of this section.
C.
Front landscaped area. A front landscaped area shall be required for all uses other than one-family and two-family dwellings in all zoning districts other CB Core Business. The required landscaped area shall be covered with grass and other appropriate trees and shrubs unless maintained in the existing natural cover.
(1)
Nonresidential uses.
(a)
As a minimum, for all nonresidential uses one shade tree having a minimum caliper of three inches measured four feet from the base shall be planted within the front landscaped area for each 40 feet or fractions thereof of lot frontage.
(b)
In the B-1 Business and Gateway Districts, a landscaped strip shall be provided a minimum depth of 10 feet contiguous to the front lot line of the property.
(c)
In districts other than the B-1 and Gateway Districts, a landscaped strip shall be provided a minimum depth of 20 feet contiguous to the front lot line of the property.
(2)
Multifamily dwellings. A landscaped area at least five feet wide abutting the front of the principal building shall be provided unless the existing natural vegetation is maintained between the building and the road to an equal depth. The purpose of the landscaping is to enhance the appearance of the use on the lot but not necessarily to screen the use from view.
D.
Landscaped parking area. In addition to front yard landscape areas and buffer area requirements, parking areas shall comply with the following minimum standards:
(1)
All uses required to provide 20 or more off-street parking spaces shall have at least 10 square feet of interior landscaping within the paved portion of the parking area for each parking space and at least one tree with a minimum 2 1/2 inch caliper for every 10 parking spaces or fraction thereof.
(2)
Each separate landscaped area shall contain a minimum of 100 square feet, shall be planted with grass or shrubs and shall include at least one tree of not less than two-and-one-half-inch caliper.
(3)
A landscape area shall be provided along the perimeter of any parking area except that portion of the parking area which provides access.
E.
Planning. The Planning Board may require a landscape plan be prepared as part of any site plan review application. Such a plan may also be required whenever any nonresidential use is proposed in any district so as to buffer parking areas and buildings from the highway, each other and other uses. Where it is determined that a proposed use would not have a significant impact on the natural environment, adjoining landowners or the view from a public highway, these requirements may be appropriately modified or waived by the Planning Board. The landscape plan, if required, shall specify locations of all mature shade trees or other species of six-inch caliper or greater and indicate existing vegetation to be removed or preserved. It shall demonstrate how building materials, colors, and textures will be blended with the natural and man-made landscape. It shall also include visual depictions of the proposed landscape from the perspective of persons who will view the site from the highway or adjoining properties. Specific locations, varieties, sizes, winter hardiness, and schedules for all proposed plantings shall, too, be provided as part of the plan. The Planning Board, in reviewing a landscape plan, may employ the assistance of design professionals. The Planning Board shall also specifically consider the following before approving, approving with modifications or disapproving the Site Plan:
(1)
The plan should promote attractive development, preserve existing vegetation to the maximum extent possible, enhance the appearance of the property and complement the character of the surrounding area.
(2)
The plan should use landscaping to delineate or define vehicular and pedestrian ways and open space.
(3)
The plant material selected should be of complementary character to buildings, structures and native plant species and be of sufficient size and quality to accomplish its intended purposes.
(4)
The plan should effectively buffer the activity from adjoining land uses as may be necessary and soften the impact of site development as contrasted with the natural environment.
(5)
The plan should be realistic in terms of maintenance and use materials which, as a minimum, are winter hardy to Zone 4.
§ 160-21 Subdivisions.
A.
The Village of Montour Falls Planning Board shall be authorized and empowered to approve preliminary and final plats of subdivisions showing lots, blocks, or sites, with or without streets or highways, within the Village of Montour Falls, pursuant to § 7-728 of the Village Law. It shall do so pursuant to the procedures of said Village Law and according to the standards contained herein. It shall be further authorized, for this purpose, to prepare and adopt additional regulations governing subdivisions, for Village Board approval.
B.
The Planning Board shall be also authorized and empowered to approve the development of those plats, filed in the office of the County Clerk prior to the effective date of this chapter, where 20% or more of the lots are unimproved unless existing conditions such as poor drainage have prevented their development.
C.
The Planning Board shall be further authorized and empowered, pursuant to § 7-738 of the Village Law and simultaneously with the approval of a plat or plats, to modify applicable provisions of this Zoning and Subdivision Law, subject to the conditions set forth in § 7-738 of the Village Law.
D.
Exemption for lot improvements.
(1)
Lot improvements shall be exempt from the requirements contained herein provided three copies of a plan prepared by a licensed land surveyor or professional engineer have been submitted describing the conveyances involved by metes and bounds and in sufficient detail to determine the situation fits the criteria below. To qualify as a lot improvement, the parcels shall:
(a)
Involve the addition of land to an existing parcel so as to:
[1]
Improve ability of that parcel to comply with setback or other building standards; or
[2]
Increase suitability of the parcel for building development; or
[3]
Add to the availability of open space; or
[4]
Resolve a boundary line dispute or produce a corrected deed.
(b)
Not substantially reduce the ability of the lot, from which the lot improvement parcel is taken, to comply with the applicable standards of this chapter.
(c)
Include a map restriction to the effect the improvement parcel will never be considered a separate building lot apart from the tract to which it is being added.
(2)
The Planning Board shall, within 10 days of the receipt of the lot improvement plans, determine whether they comply with the exemption criteria found above. Should it fail to act in the provided time or find the plans do not meet the criteria, such plans shall be processed as a minor or major subdivision. If it finds they do qualify as a lot improvement, the Board shall sign the plans with the following notation: "These plans are acknowledged by the Village of Montour Falls, and for recording purposes only, to represent an exempt lot improvement in accord with § 160-21D of the Village of Montour Falls Zoning and Subdivision Law. No subdivision approval is required or given." No person shall record plans for any lot improvement without so first obtaining the Planning Board's clearance.
§ 160-22 Glorious T Historic District Overlay Zone.
A.
Purpose. This overlay district is intended to promote the general welfare of the Village of Montour Falls through the following goals:
(1)
To promote the retention of community character through preservation of the local heritage by recognition and protection of historic and cultural resources.
(2)
To establish a clear process by which proposed changes affecting historic resources are reviewed by the Village of Montour Falls Planning Board and the Village Board.
(3)
To mitigate the negative effects of proposed changes affecting historic resources.
(4)
To encourage the continued use of historic resources and facilitate their appropriate reuse.
(5)
To discourage the demolition of historic resources.
B.
All exterior alterations and renovations in the Glorious T Historic District Overlay Zone shall be reviewed by the Village of Montour Falls Planning Board prior to work commencing. No person shall carry out any exterior alteration, restoration, reconstruction, demolition, new construction, or moving of any property within the historic district, nor shall any person make any change in the exterior appearance of such property, its site, its light fixtures, signs, sidewalks, fences, steps, paving, or other exterior elements, without first obtaining a certificate of appropriateness or finding of economic hardship from the Village of Montour Falls Planning Board, or upon order of the Code Enforcement Officer, Superintendent of Public Works, or Fire Chief for life safety reasons. Any exterior alteration made in the absence of such required approvals must be reviewed retroactively by the Village of Montour Falls Planning Board, applying the criteria for approval as though the work had not yet been completed. All changes to Village-owned property affecting an historic district shall be subject to the provisions of this chapter.
C.
The Planning Board shall approve the issuance of a certificate of appropriateness only if it determines that the proposed work will not have a substantial adverse effect on the aesthetic, historical, or architectural significance and value of either the individual landmark, or if the proposed work is within an historic district, of the neighboring properties in such district.
(1)
In making this determination, the Commission will be guided by the Secretary of the Interior's Standards for Rehabilitation, and by the following principles:
(a)
The historic features of an individual landmark shall be altered as little as possible and any alterations made shall be compatible with the historic character of the landmark.
(b)
The historic features of a property located within, and contributing to the significance of, an historic district shall be altered as little as possible and any alterations made shall be compatible with both the historic character of the individual property and the character of the district as a whole.
(c)
New construction located within an historic district shall be compatible with the historic character of the district within which it is located.
(d)
In applying the principle of compatibility set forth above, the Planning Board shall consider the following factors:
[1]
The general design and character of the proposed alteration or new construction relative to existing features of the property;
[2]
The scale and visual compatibility of the proposed alteration or new construction in relation to the property itself, surrounding properties, and the neighborhood;
[3]
Texture, materials, and color, and their relation to similar features of the property and other properties in the neighborhood;
[4]
Visual compatibility with surrounding properties, including the proportions of the property's facade; proportions and arrangement of windows, doors, and other openings; roof shape; and rhythm of spacing of properties along the street, including setbacks; and
[5]
The importance of historic, physical, and visual features to the significance of the property.
D.
In passing upon an application for a certificate of appropriateness, the Planning Board shall not consider changes to interior spaces or to exterior paint colors.
E.
Certificate of appropriateness application procedure.
(1)
Prior to the commencement of any work requiring a certificate of appropriateness, the owner shall file an application for a building permit and an application for such certificate with the Planning Board. The application, available on the Village's website and through the Village Clerk, shall contain:
(a)
Building permit application;
(b)
Name, mailing address, email address, and telephone number of the applicant;
(c)
Location and photographs of the property;
(d)
Elevation drawings of proposed changes, if available;
(e)
Perspective drawings, including relationship to adjacent properties, if available;
(f)
Samples of building materials to be used, including their proposed color;
(g)
Where the proposal includes signs or lettering, a scale drawing showing the type of lettering to be used, all dimensions and colors, a description of materials to be used, method of illumination, and a plan showing the sign's location on the property; and
(h)
Any other information that the Planning Board may deem necessary in order to visualize the proposed work.
(2)
No building permit shall be issued for the proposed work until a certificate of appropriateness has first been issued by the Planning Board. The certificate of appropriateness required by this chapter shall be in addition to and not in lieu of any building or other permit that may be required by any other ordinance of the Village of Montour Falls.
(3)
The Planning Board may delegate to the Board's Chairperson the authority to:
(a)
Determine whether proposed work constitutes ordinary maintenance and repair for which a certificate of appropriateness is not required;
(b)
Approve work that is considered replacement-in kind;
(c)
Approve work that is of any other type that has been previously determined by the Planning Board to be appropriate for delegation to the Chairperson.
(4)
Upon application for a certificate of appropriateness, a public notice of the proposal shall be posted by the owner or owner's representative on the property for a minimum of 10 days. This notice must remain in place until a decision to approve or deny the certificate of appropriateness has been made. The notice shall specify the proposed work, the time and place of the public hearing, and to whom and by when any public comments are to be communicated. The notice must be placed at or near the property line in the front yard so that it will be plainly visible from the street, and, in cases where a property has frontage on more than one street, an additional sign must be placed at or near the property line on any additional street frontage so that the sign will be plainly visible from the street on which it has such additional frontage.
(5)
The Planning Board shall hold a public hearing prior to rendering a decision on any application for a certificate of appropriateness. Notice of the public hearing shall be published at least once in the Village's official newspaper at least five days prior to the public hearing. The notice shall specify the time and place of the public hearing, a brief description of the proposal, and the location where the proposal may be reviewed prior to the hearing. The property owner and any interested party may present testimony or documentary evidence regarding the proposal at the hearing, which will become a part of the record. The record may also contain staff reports, public comments, and other evidence offered outside of the hearing.
(6)
The Planning Board shall approve, deny, or approve with conditions or modifications the certificate of appropriateness within 45 days from the completion of the public hearing, except as noted below. The failure of the Planning Board to act within 45 days from the completion of the public hearing, unless an extension is mutually agreed upon in writing by the applicant and the Planning Board, shall be deemed to constitute approval.
(a)
In the event, however, that the Planning Board shall make a finding of fact that the circumstances of a particular application require further time for additional study and information than can be obtained within the aforesaid forty-five-day period, then the Planning Board shall have a period of up to 90 days within which to act upon such an application.
(b)
In the event, however, that environmental review of an application is required, the Planning Board shall approve, deny, or approve with conditions or modifications the certificate of appropriateness within 65 days from the completion of environmental review. The failure of the Planning Board to act within 65 days from the completion of the environmental review, unless an extension is mutually agreed upon in writing by the applicant and the Planning Board, shall be deemed to constitute approval.
(c)
All decisions of the Planning Board shall be in writing. A copy shall be sent to the applicant by mail, and a copy filed with the Code Enforcement Officer, and Village Clerk for public inspection, within 10 days of the date of the decision. The Planning Board's decisions shall state the reasons for denying or modifying any application.
F.
Expiration of approval; extension of approval. If the construction of a project approved for a certificate of appropriateness has not commenced within 24 months of the date of the approval, such approval shall expire, unless an extension has been granted by the Planning Board following a written request by the applicant. An application for an extension of certificate of appropriateness approval shall not be considered a new certificate of appropriateness application.
G.
Criteria for a finding of economic hardship.
(1)
An applicant whose certificate of appropriateness for a proposed alteration has been denied may apply for relief on the ground of economic hardship. In order to prove the existence of economic hardship related to a proposed alteration, the applicant shall establish that the denial of a certificate of appropriateness will prevent the owner from earning a reasonable return on investment, regardless of whether that return represents the most profitable return possible. In the case of nonprofit ownership, the applicant shall establish that the denial of a certificate of appropriateness will seriously interfere with, or prevent, the owner from carrying out its chartered purpose. In either case the applicant shall establish that the alleged hardship has not been created by the previous actions or inactions of any person having an ownership or management interest in the property after the effective date of local designation.
(2)
Demolition of a structure located within, and contributing to the significance of, an historic district shall be allowed only in cases of economic hardship, or by order of the Code Enforcement Officer, Fire Chief, or other authorized life safety official.
(a)
In order to prove the existence of economic hardship sufficient to justify demolition, the applicant shall establish to the satisfaction of the Board that:
[1]
The denial of the certificate of appropriateness will prevent the owner from earning a reasonable return on investment, regardless of whether that return represents the most profitable return possible; and
[2]
The property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return on investment; and
[3]
Diligent efforts to find a purchaser interested in acquiring the property and preserving it have failed; and
[4]
The alleged hardship has not been created by the previous actions or inactions of any person having an ownership or management interest in the property after the effective date of local designation;
(b)
Or, in the case of nonprofit ownership that:
[1]
The denial of the certificate of appropriateness will either physically or financially prevent, or seriously interfere with the nonprofit owner carrying out its chartered purpose;
[2]
The property cannot be adapted for any other use that would result in the nonprofit owner being able to carry out its chartered purpose; and
[3]
The alleged hardship has not been created by the previous actions or inactions of any person having an ownership or management interest in the property after the effective date of local designation.
H.
Any provision of this chapter to the contrary notwithstanding, short-term rentals are not permitted in the Glorious T Historic District Overlay Zone.
[Added 11-17-2022 by L.L. No. 4-2022]