Ogdensburg City Zoning Code
ARTICLE VII
Adaptive Reuse District ARD
§ 221-22 District and map.
Ogdensburg's Adaptive Reuse District (ARD) is specifically mapped to include parcels that exhibit pre-existing nonconforming land use patterns customarily associated with public, quasi-public and institutional development across the City. The parcels that make up this district have property class codes 600's (community service land uses) or 800's (public service land uses) and are less than two acres in size. Over time, parcels may be added into or removed from this zoning district as necessary through the standard zoning map amendment process.
§ 221-23 Purpose.
The purpose of this district is to (i) recognize the public, quasi-public, and institutional nature of particular parcels of land and provide standards and guidelines for their continued use and future adaptive reuse; (ii) to ensure that the developments within the district will be compatible with surrounding zoning districts and uses; and (iii) promote development, community compatibility and economic development by allowing the adaptive reuse of existing buildings and/or land uses, which may have become obsolete, after public review. Adaptive Reuse permits a wider range of land uses to be available to existing buildings and uses for the purpose of extending their useful life.
§ 221-24 Submission and review procedure.
The following regulations shall apply to all land within the Adaptive Reuse District.
A.
Applicability of regulations for Adaptive Reuse Districts (ARD).
(1)
No building, structure, premises or part thereof shall be constructed, erected, converted, enlarged, extended, reconstructed or relocated except in conformity with these regulations and for uses permitted by this article and until the proposed Adaptive Reuse Permit has been filed with and approved on behalf of the City Council; and Zoning Board of Appeals ("ZBA") as hereinafter provided.
(2)
Such request shall be in the form of an application for an Adaptive Reuse Permit, following all requirements for plan submission and documentation of Article XV Site Plan Review including 239-m review when applicable.
(3)
All land use within the Adaptive Reuse District shall be limited to the use or uses existing on the effective date of this article or approved by the application for an Adaptive Reuse Permit.
B.
Site and development plan consideration. Upon the application for such permit, the ZBA shall determine, after requesting and receiving within 30 days a report from the Planning Board, whether to approve, disapprove, or approve subject to any conditions, amendments or commitments, the proposed Adaptive Reuse Permit (ARP).
(1)
Plan documentation and supporting information. All drawings submitted must be at a scale of not more than 50 feet to the inch. The site and development plan shall include layout and elevation plans for all proposed buildings and structures, and shall indicate:
(a)
The names of all owners of record of all adjacent property, and the tax map number of the property, all as shown in the City's official tax records.
(b)
Proposed Adaptive Reuse District uses.
(c)
Any existing uses, buildings, and structures.
(d)
Proposed buildings and structures. Off-street parking layout.
(e)
Vehicular entrances and exits and turnoff lanes.
(f)
Setbacks.
(g)
Landscaping, screens, walls, fences.
(h)
Signs, including location, size and design thereof.
(i)
Storm drainage facilities.
(j)
Other utilities if aboveground facilities are needed.
(2)
Site and development requirements. Parcels in the Adaptive Reuse District are subject to the following site and development requirements. In review of the proposed ARP, the ZBA shall assess whether the site and development plan, proposed uses, buildings and structures shall:
(a)
Be so designed as to create improved land use and development over the existing land use and development and in conformity with the Comprehensive Plan (LWRP) of the City of Ogdensburg, New York, including the applicable Brownfield Opportunity Area plan;
(b)
Promote economic development, create and maintain compatible land uses within the Adaptive Reuse District and with the surrounding area, promote land use and development having a functional and aesthetic value which is compatible with neighborhood and/or community character;
(c)
Provide sufficient and adequate access, parking and loading areas as prescribed by Off-street parking, § 221-51;
(d)
Provide traffic control and street plan integration with existing and planned public streets and interior access roads;
(e)
Provide adequately for drainage and public utilities; and
(f)
Allocate adequate sites for all uses proposed - the design, character, grade, location and orientation thereof to be appropriate for the uses proposed, logically related to existing and proposed topographical and other conditions, and consistent with the Comprehensive Plan (LWRP).
(g)
Provide sidewalks along public streets, and other full control of access frontages including, but not limited to, recreational trails as determined by the ZBA. Sidewalks shall consist of the walkway and any curb ramps or blended transitions. If required to be installed, the ZBA shall be guided by the provisions of Chapter 189, Streets and Sidewalks and all relevant ADA accessibility requirements.
§ 221-25 Public hearing.
The ZBA shall schedule and hold both a public hearing on all adaptive reuse applications. The public hearing shall be held within 30 days of the receipt of a complete application submission or completion of the SEQR review and shall be advertised in the City's official newspaper at least 10 days before the public hearing. All property owners within a 400 feet radius of the parcel under review shall receive a direct mailing informing them of the request and meeting dates.
§ 221-26 Adaptive reuse permit requirements.
No building or structure shall be constructed, erected, converted, enlarged, extended, reconstructed or relocated in Ogdensburg's Adaptive Reuse District, without an Adaptive Reuse Permit, and such permit shall not be issued until the proposed request has been approved in accordance with this section.
§ 221-27 Zoning Board of Appeals review.
A.
The ZBA shall render its recommendation to City Council within seven days prior to the date of the public hearing required by § 221-28A. The ZBA's final action, rendered in writing, shall consist of either:
(1)
Approval of the adaptive reuse permit based upon a determination that the proposed plan will constitute a suitable development and is in compliance with the standards set forth in this section;
(2)
Disapproval of the adaptive reuse permit based upon a determination that the proposed project does not meet the standards for review set forth in this section, and stating such deficiencies; or
(3)
Approval of the adaptive reuse permit subject to any conditions, modifications and restrictions as required by the ZBA which will ensure the project meets the standards for review.
B.
Notice of the ZBA's recommendation shall be given in writing to the applicant and City Council.
§ 221-28 City Council action.
A.
Prior to authorizing any Adaptive Reuse Permit, the City Council shall hold a public hearing within 62 days of receipt of a completed application in accordance with this chapter (see Article XVII) and consider the report and recommendation of the ZBA and all other relevant comments, reviews and statements.
B.
The City Council shall act to approve, disapprove or approve with modifications, the application for an Adaptive Reuse Permit and preliminary development plan by a majority vote of the full membership, and shall report its decision to the City's ZBA and Planning Board. Should the City Council wish to act contrary to any recommendation for disapproval or approval with modifications made by the City Zoning Board of Appeals or the County Planning Board under authority of § 239-m of the General Municipal Law, it may do so only with a majority plus one vote of its full membership.
C.
The City Council shall render a decision within 62 days following the completion of a public hearing for an adaptive reuse permit.
(1)
Upon approval of the adaptive reuse application and payment by the applicant of any and all fees due to the City, the Director of Planning and Development shall endorse the City Council approval by signing the ARP and forward copies to the applicant and Code Enforcement Officer.
(2)
Upon disapproval of the adaptive reuse permit application, the Director of Planning and Development shall so inform the Code Enforcement Officer, and the Code Enforcement Officer shall deny a building permit to the applicant. The Director shall also notify the applicant in writing of the decision and reasons for disapproval. The Director shall copy all correspondence to the chairperson of both the Zoning Board of Appeals and Planning Board.
D.
The time within which a decision must be rendered may be extended by mutual consent of the City Council and the Applicant.
E.
Upon the approval of an Adaptive Reuse Permit a final development plan, consistent with any required modifications, shall be submitted to the Planning Board for site plan review prior to issuance of a building permit. Procedures under Article XV, Site Plan Review, shall be followed for the review of proposed development within the ARD.
F.
Final as-built site plan. A building permit may be issued by the Code Enforcement Officer only after final as-built site plans have been found complete and approved by the Planning Board.
§ 221-29 Severability.
If any provisions or clauses of this article or its application to any person, persons or corporation or circumstances is held to be unconstitutional or otherwise invalid, such decision shall not effect the remaining provisions or clauses of the article or applications thereto which can be implemented without such invalid provision or clause, and, to this end, the provisions and clauses of the article are declared to be severable.
§ 221-30 Appeals.
Any person aggrieved by any decision of the City Council may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceedings shall be instituted within 30 days after filing of a decision in the office of the City Clerk.