Perry Village City Zoning Code
ARTICLE VIII
Administration and Enforcement
§ 490-77 General procedures.
A.
Zoning Enforcement Officer.
(1)
Designation. The provisions of this chapter shall be administered and enforced by the Zoning Enforcement Officer of the Village of Perry appointed by the Board of Trustees.
(2)
Duties.
(a)
The Zoning Enforcement Officer shall make periodic inspections of any construction to ensure that the provisions of this chapter are being compiled with.
(b)
The Zoning Enforcement Officer shall keep a record of all approvals or rejections he may make pursuant to this chapter and such other records as may be required.
(3)
Authority. The Zoning Enforcement Officer is hereby empowered to inspect any building, other structure or tract of land and to order, in writing, the remedying of any condition found to exist therein or thereat in violation of any provision of this chapter. After any such order has been served, no work shall proceed on any building, other structure or tract of land covered by such order except to comply with such order. The Zoning Enforcement Officer may cause the appearance in Justice Court of an alleged violator by filing a complaint with the appropriate court or police agency.
B.
Zoning compliance. No development or improvement permitted by this chapter, including accessory and temporary uses, may be established or changed, no structure shall be erected, constructed, reconstructed, altered, razed or removed and no building shall be used, occupied, or altered with respect to its use after the effective date of this chapter until a zoning permit has been secured from the Zoning Enforcement Officer. Nothing herein shall relieve any applicant of the additional responsibility of seeking any permit required by any applicable statute, ordinance, or regulation in compliance with all of the terms of this chapter. Such applications shall be made in triplicate on forms designated by the Village.
C.
Building permit. No building or structure shall be erected, extended or structurally altered until a building permit therefor has been issued by the County Building Department. All applications for such permits shall be in accordance with the State Uniform Fire Prevention and Building Code and/or any local codes and with all pertinent county health laws and regulations.
D.
Certificate of occupancy. No land shall be occupied or used and no building hereafter erected, altered or extended shall be used or changed in use until a certificate of occupancy shall have been issued by the Zoning Enforcement Officer, stating that the building or proposed use thereof complies with the provisions of this chapter.
§ 490-78 Zoning Board of Appeals.
A.
Creation, organization and powers.
(1)
A Zoning Board of Appeals (ZBA) is hereby created. Said Board shall consist of five members as approved by resolution of the Village Board. Members of the ZBA shall serve staggered terms of five years with one term expiring each year. Members may be reappointed for an unlimited number of terms. Vacancies are filled for unexpired terms only.
(2)
The ZBA shall prepare its own operating bylaws which shall be accepted by resolution of the Village Board. It shall elect its own Chairperson from its members and appoint a Secretary. A Chairperson for the meeting shall be selected for any meeting when the Chairperson is not in attendance. ZBA members may be removed from office for failure to attend four consecutive meetings or four meetings in a calendar year; members may also be removed for any other good cause which the Village Board finds as it relates to performance of duties.
(3)
The office of the Zoning Enforcement Officer shall be designated as an extension of the office of the Municipal Clerk for the purpose of preparation, filing, and preservation of the orders and determinations of the ZBA, which shall be considered matters of public record.
B.
Permitted action by Zoning Board of Appeals.
(1)
Interpretations, requirements, decisions and determinations. The Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination appealed from and shall make such order, requirement, decision, interpretation or determination as in its opinion ought to have been made in the matter by the administrative official charged with the enforcement of this chapter and to that end shall have all the powers of the administrative official from whose order, requirement, or decision the appeal is taken.
(2)
Use variances.
(a)
The Zoning Board of Appeals, on appeal from the decision or determination of the administrative official charged with the enforcement of this chapter, shall have the power to grant use variances authorizing a use of the land which otherwise would not be allowed or would be prohibited by the terms of this chapter.
(b)
No such use variance shall be granted by the Zoning 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 Zoning Board of Appeals that:
[1]
Under applicable zoning regulations the applicant is deprived of all economic use or benefit from the property in question, which deprivation must be established by competent financial evidence;
[2]
The alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood;
[3]
The requested use variance, if granted, will not alter the essential character of the neighborhood; and
[4]
The alleged hardship has not been self-created.
(c)
The Zoning Board of Appeals, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proven by the applicant and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
(3)
Area variances.
(a)
The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of an administrative official charged with the enforcement of this chapter, to grant area variances from the area or dimensional requirements of this chapter.
(b)
In making its determination, the Zoning 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 whether:
[1]
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;
[2]
The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
[3]
The requested area variance is substantial;
[4]
The proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
[5]
The alleged difficulty was self-created, which consideration shall be relevant to the decision of the Zoning Board of Appeals but shall not necessarily preclude the granting of the area variance.
(c)
The Zoning Board of Appeals, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
(4)
Imposition of conditions. The Zoning Board of Appeals shall, in the granting of both use variances and area variances, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property or the period of time such variance shall be in effect. Such conditions shall be consistent with the spirit and intent of this chapter and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood community.
C.
Procedures.
(1)
Meetings, minutes and records. Meetings of such Zoning Board of Appeals shall be open to the public to the extent provided in Article 7 of the Public Officers Law. Such Zoning Board of Appeals 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, and shall also keep records of its examinations and other official actions.
(2)
Filing requirements. Every rule and regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Zoning Board of Appeals shall be filed in the office of the Municipal Clerk within five business days and shall be a public record.
(3)
Assistance to Zoning Board of Appeals. Such Board shall have the authority to call upon any department, agency or employee of the municipality for such assistance as shall be deemed necessary and shall be authorized by the Village Board. Such department, agency or employee shall be reimbursed for any expenses incurred as a result of such assistance.
(4)
Hearing appeals. The jurisdiction of the Zoning Board of Appeals shall be appellate only and shall be limited to hearing and deciding appeals from and reviewing any order, requirement, decision, interpretation, or determination made by an administrative official charged with the enforcement of this chapter. The concurring vote of a majority of the members of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of any such administrative official or to grant a use variance or area variance. Such appeal may be taken by any person aggrieved or by an officer, department, board or bureau of the municipality.
(5)
Time of appeal. Such appeal shall be taken within 60 days after the filing of any order, requirement, decision, interpretation or determination of the administrative officer charged with the enforcement of this chapter by filing with such administrative official and with the Zoning Board of Appeals a notice of appeal, specifying the grounds thereof and the relief sought. The administrative official from whom the appeal is taken shall forthwith transmit to the Zoning Board of Appeals all the papers constituting the record upon which the action appealed from was taken. The cost of sending or publishing any notices relating to such appeal shall be borne by the appealing party and shall be paid to the Board prior to the hearing of such appeal.
(6)
Stay upon appeal. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the administrative official charged with the enforcement of this chapter, from whom the appeal is taken, certifies to the Zoning Board of Appeals, after the notice of appeal shall have been filed with the administrative official, that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Board of Appeals or by a court of record on application, on notice to the administrative official from whom the appeal is taken and on due cause shown.
(7)
Hearing on appeal. The Zoning Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it and give public notice thereof by the publication in a paper of general circulation in the municipality of a notice of such hearing at least five days prior to the date thereof.
(8)
Time of decision. The Zoning Board of Appeals shall decide upon the appeal within 62 days after the conduct of said hearing. The time within which the Zoning Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board.
(9)
Filing of decision and notice. The decision of the Zoning Board of Appeals on the appeal shall be filed in the office of the Municipal Clerk within five business days after the day such decision is rendered and a copy thereof mailed to the applicant.
(10)
Notice to park commission or planning agency. At least five days before such hearing, the Zoning Board of Appeals shall mail notices thereof to the parties; to the regional state park commission having jurisdiction over any state park or parkway within 500 feet of the property affected by such appeal; and to the county, metropolitan or regional planning agency, as required by § 239-m of the General Municipal Law, which notice shall be accompanied by a full statement of the matter under consideration, as defined in Subdivision 1 of § 239-m of the General Municipal Law.
(11)
Compliance with State Environmental Quality Review Act. The Zoning Board of Appeals shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations as codified in 6 NYCRR 617.
§ 490-79 Planning Board.
In light of the importance that planning be undertaken with a local and regional perspective, the following shall apply:
A.
The Village Board shall have the option to designate a planning board or participate in a joint regional planning board by resolution approved by a majority of the Board.
B.
The Village Board shall appoint its representatives to a municipal planning board pursuant to New York State statute or appoint representatives to a joint regional planning board pursuant to its adopted and approved bylaws.
C.
The Village Board shall approve by resolution the operating procedures, bylaws, membership, and duties if electing to participate in a joint regional planning board.
D.
The designated planning board shall have all the responsibilities assigned to a planning board or commission by local laws, resolutions of the Village Board, and by New York State statutes, not inconsistent with this chapter.
§ 490-80 Alternate members of Planning Board and Zoning Board of Appeals.
A.
Applicability. This section shall apply to the appointments, terms, functions and powers of alternate members appointed to serve on the Planning Board and Zoning Board of Appeals in the Village of Perry.
B.
Findings; alternate members authorized. It is sometimes difficult to maintain a quorum on the Planning Board and the Zoning Board of Appeals because members are ill or on extended vacation or find they have a conflict of interest on a specific matter before such Board. In such instances, official business cannot be conducted which may delay or impede adherence to required time lines. The use of alternate members in such instances is hereby authorized pursuant to the provisions of this section.
C.
Definitions. As used in this section, the following terms shall have the meanings indicated:
ALTERNATE MEMBER
An individual appointed by the Village Board when a regular member is unable to participate on an application or matter before the respective Board, as provided herein.
MEMBER
An individual appointed by the Village Board to serve on the Village Planning Board or Zoning Board of Appeals pursuant to the provisions of the local law or ordinance which first established such Board.
PLANNING BOARD
The Planning Board of the Village of Perry as established by the Village Board pursuant to the provision of § 7-718 of Village Law.
ZONING BOARD OF APPEALS
The Zoning Board of Appeals of the Village of Perry as established by the Village Board pursuant to the provisions of § 7-712 of Village Law.
D.
Appointment and designation of alternate members.
(1)
The Village Board of the Village of Perry hereby enacts this section to provide a process for appointing two alternate members for the Planning Board and two alternate members for the Zoning Board of Appeals. These individuals would serve when members are absent or unable to participate on the application or matter before the respective Board.
(2)
Two alternate members of the Planning Board and two alternate members of the Zoning Board of Appeals shall be appointed by the Village Board or other duly authorized appointing authority for a term of one year, with the term to run from May 1 to April 30.
(3)
The Chairperson of the Planning Board or Zoning Board of Appeals may designate an alternate to substitute for a member when such member is unable to participate on an application or matter before the Board. When so designated, the alternate member shall possess, all the powers and responsibilities of such member of the Board. Such designation shall be entered into the minutes of the initial Planning Board meeting or Zoning Board of Appeals meeting at which the substitution is made.
(4)
All provisions of state law relating to Planning Board or Zoning Board of Appeals member eligibility, vacancy in office, removal, compatibility of office and service on other boards, as well as any provisions of a local law or local ordinance relating to training, continuing education, compensation and attendance, shall also apply to alternate members.
E.
Supersession of Village Law. This section is hereby adopted pursuant to the provisions of § 10 of the New York State Municipal Home Rule Law and § 10 of the New York State Statute of Local Governments. It is the intent of the Village Board pursuant to § 10 of the New York State Municipal Home Rule Law to supersede the provisions of:
(1)
Section 7-718 of the Village Law relating to the appointment of members to the Village Planning Board; and
(2)
Section 7-712 of the Village Law relating to the appointment of members to the Village Zoning Board of Appeals.
§ 490-81 Special permits.
A.
Conditions. The Planning Board may, upon application and a public hearing thereon, issue a special use when:
(1)
It has been determined that such special use is in accordance with the purpose and intent of this chapter and will not be hazardous, harmful or offensive or otherwise adversely affect the environment or the value of the neighborhood or the community.
(2)
It has been understood that conditions, such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operational control, hours of operation, improved traffic circulation, highway access restrictions, increased yard, or parking requirements, may be required by the Planning Board upon its finding that these are necessary to fulfill the purpose and intent of this chapter.
B.
Required plan. A site plan for the proposed development, as required in § 490-62 of this article, shall be submitted as part of the application clearly showing that satisfactory provisions have been made concerning the following, where applicable:
(1)
Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety, traffic flow and control, and access in case of fire or catastrophe.
(2)
Off-street parking and loading areas, where required, with particular attention to Subsection B(1) above and to the impact on adjoining properties.
(3)
Refuse and service areas, with particular reference to Subsection B(1) and (2) above.
(4)
Utilities with reference to locations, availability, and compatibility.
(5)
Property drainage.
(6)
Screening and buffering with reference to type, dimensions, and character.
(7)
Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the zoning district.
(8)
Required yards and other open spaces.
(9)
General compatibility with adjacent properties and other property in the district.
C.
Procedure.
(1)
Application. Application for a special permit shall be made to the Planning Board and shall be accompanied by a filing fee as set by the Village Board.
(2)
Planning Board review. All applications for a special permit, including the required site plan, shall be reviewed by the Planning Board, which shall determine the applicant's compliance with the provisions of this chapter.
(3)
Required referral. Prior to taking action on the final site plan, the Planning Board shall refer the plan to the County Planning Board for advisory review in accordance with § 239-m of the General Municipal Law.
(4)
Issuance of permit. After a duly scheduled public hearing, the Planning Board may authorize the issuance of a special permit, imposing any additional conditions it deems appropriate. Notices of the public hearing shall be made in person or by certified mail to adjacent property owners.
(5)
Voiding of permit. The Planning Board may, after a duly scheduled public hearing, void any special permit for noncompliance with the conditions set forth in approving the permit. Such action must be based on documentation of such noncompliance by the Zoning Enforcement Officer.
D.
Expiration. A special permit shall be deemed to authorize only one particular special use and shall expire if the special use shall cease for more than six months for any reason.
E.
Existing violations. No permit shall be issued for special use for a property where there is an existing violation of this chapter.
F.
Temporary special permit. Subject to all the above provisions, requirements and procedures of this section, and with special regard for the comfort, safety, welfare and property rights of the residents of the neighborhood, the Planning Board may issue a temporary special permit for special uses not listed elsewhere and not conforming to the provisions of this chapter but which, due to the limited nature of their operations, would have no significant adverse effect on the neighborhood.
(1)
Permit renewal.
(a)
The time limit for a temporary special permit shall be one year.
(b)
Request for renewal shall be submitted in writing to the Planning Board, accompanied by a fee as set by the Village Board.
(c)
Notices of request for renewal shall be mailed to neighboring property owners.
(d)
The request shall be reviewed and an inspection made of the property by the Planning Board or its designated agent to verify continued compliance with the necessary criteria and conditions established with the initial approval. The Planning Board, upon a determination of compliance, may renew the temporary special permit for one year.
(2)
Voiding of permit.
(a)
The Planning Board may void any temporary special permit for noncompliance with conditions set forth in approving the permit.
(b)
Failure of the applicant to renew the permit shall result in automatic termination of the special use. For renewal, the applicant must pay the initial application fee and reapply for another permit.
§ 490-82 Special permit uses.
A.
General provisions. The special uses for which conformance to additional standards is required shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth herein, in addition to all other requirements of this chapter. All such uses are hereby declared to possess characteristics of such unique and special form that each specific use shall be considered as an individual case.
B.
Special permit uses. The following special uses shall be considered as permanent, except as otherwise provided, and shall be subject to the following regulations:
(1)
Adult uses.
(2)
Campgrounds.
(a)
Definitions. As used in this Subsection B(2), the following terms shall have the meaning indicated:
CAMPERS
Pull-behind vehicles.
CAMPGROUND
For temporary use by campers, recreational vehicles, tents or similar camping units.
CAMPSITE
The area (with length and width designated) within a campground property designated for a single camping unit.
RECREATIONAL VEHICLES
A vehicle or a unit that is mounted on or drawn by another vehicle primarily designed for temporary living. "Recreational vehicle" includes travel trailers, camping trailers, truck campers, and motor homes. Residential use of recreational vehicles shall be limited to campgrounds.
(b)
Regulations.
[1]
The number of campsites provided in campgrounds shall not exceed one per 4,000 square feet of area contained in such campground. Each shall be between 25 feet and 40 feet wide and include a minimum of 2,500 square feet.
[2]
Each campsite shall be marked or delineated to establish spaces for vehicles, platforms, and parking.
[3]
No camping vehicle shall be parked closer than 30 feet to any public road, nor 20 feet to a right-of-way, nor closer than 10 feet to an interior lot line or camp road.
[4]
Each campsite shall have a sufficient space of well-compacted stone or gravel for two passenger vehicles, for example: 18 feet by 18 feet or nine feet by 32 feet. Adequate drainage to conduct surface water away from each campsite shall be provided. A common parking lot may be developed as an alternative to parking at each campsite, which area shall be deducted before the maximum number of campsites is determined.
[5]
Each campsite shall be provided with underground water, sewer, and electrical hookups as approved by local, county and state officials having jurisdiction.
[6]
The use of tents in such campgrounds shall be permitted on no more than 20% of the approved sites.
[7]
Only one camper shall be allowed to occupy a campsite at any one time.
[8]
In the absence of trees on the campground, the owner shall plant the same in sufficient number which in the opinion of the Planning Board will provide a natural setting.
[9]
A fire lane right-of-way or driveway shall be maintained free of obstruction, including no vehicle parking.
[10]
A camping vehicle served with a water hookup shall be hooked directly to the municipal sewer or be removed regularly for dumping at a dumping facility approved by the Health Department.
[11]
Each service provided, including water, sewer, and electric, shall be installed underground to the interior lot line of the individual campsite.
[12]
No enclosed additions to campers shall be allowed.
[13]
Decks, platforms, and open porches abutting but not supported by campers may be placed on campsites a minimum of five feet from other sites and the interior lot line and 30 feet from roads and 10 feet from rights-of-way and camp roads.
[14]
Existing porches, decks, and other structures must be removed within 30 days after an inspection determines them to be unsafe for structural, visibility, or fire safety reasons or in violation of this chapter.
[15]
Campers and structures not occupied for a period of time exceeding 12 months must be removed from the property.
[16]
A covered trash disposal dumpster or alternate storage and weekly removal of trash shall be provided for. No trash burning is allowed.
[17]
The owner shall provide trees and landscaping which in the opinion of the Planning Board are sufficient to maintain a natural setting.
[18]
In addition to the above requirements, all provisions of the New York State Health Department Sanitary Code and any other municipal local laws shall be complied with.
(c)
Applicability.
[1]
This Subsection B(2) supersedes any Village regulations in conflict with the provisions herein.
[2]
Campgrounds are commercial properties and must follow all procedural requirements for site plan approval.
[3]
Since campers and recreational vehicles are assembled to be moveable and therefore temporary, this chapter shall apply to all new and existing campgrounds.
(d)
Procedures.
[1]
Permits and inspection for compliance are required for all new installations and all changes to existing campgrounds as listed below:
[a]
All campers intended to be located on the property for more than three weeks.
[b]
All decks and porches, whether temporary, moveable, or permanent.
[c]
Any other new structures.
[d]
All alterations to structures, including campers.
[e]
All system (including electric, water, sewer and roads) installations and alterations.
[2]
Inspections for compliance with fire and building codes and land use regulations are required at one-year intervals and more frequently if needed, as determined by complaint or by the inspector.
[3]
The owner of the campground and renters of the campsites shall each be responsible for obtaining permits and inspections.
[4]
Violations must be remedied before occupancy each season and within the time set by the inspector. Penalties are to be as enumerated in this chapter.
(3)
Car washes.
(4)
Cemeteries. Buildings, grounds and drives shall be constantly maintained to ensure a park-like atmosphere. All applicable state laws shall be observed.
(5)
Day-care centers. Day-care centers must have an outdoor play area of at least 100 square feet per child, free of any hazards, and appropriately fenced in. Interior floor space for day-care living area shall be a minimum of 35 square feet per child. All parking shall be off-street.
(6)
Dwellings. Due to general incompatibility, residences in M Districts shall be limited to such uses as living quarters for a watchman or caretaker.
(7)
Game rooms. Game rooms shall be restricted to C Districts and shall not be situated within 500 feet of any public school. In game rooms having 10 or more game machines, an adult attendant shall be on duty for supervision. Permit shall not exceed two years.
(8)
Gas stations.
(9)
Group homes. Group homes shall not endanger public health and safety of the neighborhood, shall be structured as a single housekeeping unit with a maximum of 15 residents, shall be properly licensed and shall maintain a minimum spacing of 1,500 feet.
(10)
Golf courses.
(a)
Minimum acreages: nine-hole course: 60 acres; eighteen-hole course: 120 acres.
(b)
Minimum acreages for par three: nine-hole course: two acres; eighteen-hole course: 50 acres.
(11)
Gun clubs and shooting ranges. Acres used for intensive outdoor activities, especially involving firearms, shall be delineated on the site plan. Adequate measures for safety and noise control shall be specified. All applicable state and local laws shall be observed. Permit shall not exceed 12 years.
(12)
Hospitals and sanitariums.
(a)
Minimum site: 10 acres.
(b)
Site plan shall provide for adequate traffic control.
(13)
Ice- and roller-skating rinks. Provisions shall be made for noise control. Hours of operation shall be specified.
(14)
Kennels. Kennels shall not be allowed in residential areas as defined in Article II. Adequate landscaping and fencing shall be provided to create a visual, sound and odor buffer to adjacent properties. Permit shall not exceed 10 years.
(15)
Landfills. Landfills shall observe all New York State Department of Environmental Conservation regulations and this chapter.
(16)
Mobile homes.
(a)
Permanent. Mobile homes shall be allowed on individual lots in areas containing a minimum of three mobile homes within a radius of 750 feet of the proposed mobile home pad. Lot and yard requirements shall be the same as required for single-family dwellings.
(b)
Temporary. On a farm, one mobile home utilized as living quarters by a full-time employee of the farm owner or operator shall be allowed as an accessory use. Such permit shall become invalid upon any change in residency.
(17)
Mobile home parks.
(18)
Nursing homes. Site plan shall address traffic circulation and parking. All applicable state laws shall be observed.
(19)
Private schools. Site plan shall address traffic circulation and parking. All applicable state laws shall be observed.
(20)
Racetracks. Racetracks shall not be allowed in any residential area as defined in Article II. Operations shall be a minimum of 100 feet from any property line. Lighting shall be directed away from adjacent properties. Adequate measures for parking, safety and noise control shall be specified.
(21)
Recreational and quasipublic buildings. Site plan shall address traffic circulation and parking.
(22)
Restaurant and docking facilities. All state and federal regulations shall be observed. Adequate buffers shall be required to protect neighboring properties. Provisions shall be made for adequate traffic circulation and parking.
(23)
Small animal hospitals. Small animal hospitals shall not be allowed in residential areas as defined in Article II. Adequate landscaping and fencing shall be provided to create a visual, sound and odor buffer to adjacent properties. Permit shall not exceed 10 years.
(24)
Towers. As regulated under Article VII of this chapter.
(25)
Funeral homes and mortuaries. Funeral homes and mortuaries shall be permitted only in cases where any identified adverse effects are sufficiently mitigated in the judgment of the Planning Board. A complete site plan review must be completed by the Planning Board. In addition to all parking, signage, and site plan requirements of this chapter, all other applicable laws pertaining to these uses shall be observed.
§ 490-83 Fees.
Fees for applications for rezoning and for variances shall be set by resolution by the Village Board.
§ 490-84 Site plan review.
A.
Intent. The intent of site plan review is to evaluate specified land uses in terms of their suitability to natural site conditions, their compatibility with surrounding land uses, and their conformance with overall plans for the community, thus minimizing possible adverse effects on the health, safety and welfare of local residents.
B.
Applicability. All applications for building permits shall be accompanied by an approved site plan except for the following: a single- or a two-family dwelling on an individual lot, including its permitted accessory uses and additions, general farming uses, and other additions not exceeding 25% of the square footage of the existing structure.
C.
Reviewing agency. The Planning Board, in accordance with § 7-725-a of the Village Law, is hereby authorized to review and approve, approve with modifications or disapprove site plans prepared in accordance with such standards as are duly adopted by the Planning Board.
D.
Review procedures.
(1)
Sketch plan.
(a)
A sketch plan conference shall be held between the Planning Board and the applicant prior to the preparation and submission of a formal site plan. The intent of such a conference is to enable the applicant to inform the Planning Board of his proposal prior to the preparation of a detailed site plan and to review the basic site design concept, advise the applicant as to potential problems and concerns and generally to determine the information to be required on the site plan. The project's status under the State Environmental Quality Review Act (SEQR) will be determined at this time.
(b)
In order to accomplish these objectives, the applicant shall provide sketches of the proposed development together with an area map showing the location of the site in the general area. Although not mandatory, this step is designed to save the applicant from possible future delays.
(2)
Site plan. An application for site plan approval shall be made in writing to the Chairperson of the Planning Board and shall be accompanied by the following drawings, documents and information to be prepared by a qualified professional engineer, architect, planner or surveyor, as appropriate, and as determined necessary by the Planning Board:
(a)
Title of drawing, name of development, name of applicant, name and seal of person preparing drawing, North point, scale and date, to be included on all drawings.
(b)
Boundary survey.
(c)
Topographical survey based on survey datum to extend a reasonable distance beyond the site.
(d)
Location and dimensions of existing and proposed easements.
(e)
Existing natural features, such as watercourses, water bodies, wetlands, wooded areas, individual large trees and flood hazard areas. Features to be retained in the development should be indicated.
(f)
Soil characteristics, regarding capabilities and/or limitations for development.
(g)
Location and design of all existing on-site or nearby improvements, including drains, culverts, waterlines, sewers, gas and electric lines and poles, bridges, retaining walls and fences.
(h)
Location and design of proposed utilities, including water, sanitary and storm sewer systems.
(i)
Location and design of all streets, parking and service areas, access drives, and bicycle and pedestrian ways within and immediately adjoining the site.
(j)
Location and height of proposed buildings and structures.
(k)
Location and proposed development of all open space, including parks, playgrounds, screen planting and other landscaping.
(l)
Location, size and design of all proposed signs and lighting facilities.
(m)
Location of outdoor storage, if any.
(n)
Location and design of all energy distribution facilities, including electrical, gas and solar energy.
(o)
Grading and drainage plan, showing existing and proposed contours at intervals not more than 2.5 feet.
(p)
General landscaping plan and planting schedule.
(q)
Preliminary architectural drawings.
(r)
Detailed sizing, typical cross sections, profiles and final material specifications of all required improvements, such as paving, water, sanitary, and stormwater systems.
(s)
Conformance with any approved federal, state, county, or regional plans.
(t)
Record of application for and status of all necessary permits from other governmental bodies.
(u)
Record of all required performance bonds, any proposed easements, restrictions, and covenants and provisions for homeowners' associations and common ownerships.
(v)
An estimated project construction schedule.
(w)
Other elements integral to the proposed development as considered necessary by the Planning Board.
(3)
Referrals. The Planning Board shall refer the site plan, as deemed necessary, to a Municipal Engineer and to other officials and agencies for their review and recommendations.
(4)
Public hearing. The Planning Board may conduct a public hearing on the site plan if considered desirable by the majority of its members.
(5)
County referral. Prior to taking action on the site plan, the Planning Board shall refer the plan to the County Planning Board for advisory review and a report in accordance with §§ 239-m and 239-n of the General Municipal Law.
E.
Review standards. The Planning Board's review of the site plan shall include, as appropriate, but is not limited to, the following considerations:
(1)
Zoning compliance and compatibility with the Comprehensive Plan.
(2)
Location, arrangement, size, design and general site compatibility of buildings, lighting and signs and adequate arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.
(3)
Location, arrangement, appearance and sufficiency of off-street parking and loading.
(4)
Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.
(5)
Adequacy of stormwater and drainage facilities and adequacy of water supply and sewage disposal facilities.
(6)
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between the applicant's land and adjoining lands, including the maximum retention of existing vegetation.
(7)
Adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
(8)
Special attention to the adequacy and impact of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
(9)
Overall impact on the neighborhood, including compatibility of design considerations.
F.
Planning Board action. Within 62 days of receipt of the complete application for site plan approval, or within 62 days after the close of the public hearing if one is held, the Planning Board shall render a decision of approval, conditional approval or disapproval. This time period may be extended by mutual consent of the applicant and the Planning Board.
(1)
Approval. Upon approval, the Planning Board shall endorse its approval on a copy of the site plan and shall file it and a written statement of approval with the Municipal Clerk within five business days. A copy of the written statement of approval shall be mailed to the applicant.
(2)
Conditional approval. The Planning Board may conditionally approve the site plan; upon adequate demonstration by the applicant that all conditions have been met, the Planning Board shall endorse its approval on a copy of the site plan and shall file it and a written statement of approval with the Municipal Clerk within five business days. A copy of the written statement of approval shall be mailed to the applicant.
(3)
Disapproval. Upon disapproval of the site plan the decision of the Planning Board shall be filed with the Municipal Clerk within five business days and a copy thereof mailed to the applicant.
G.
Fee. An application for site plan review shall be accompanied by a fee in an amount as determined by the Village Board.
H.
Reimbursable costs. Costs incurred by-the Planning Board for consultation fees or other extraordinary expense in connection with the review of a proposed site plan shall be charged to the applicant.
I.
Improvements.
(1)
No certificate of occupancy shall be issued until all improvements shown on the site plan are installed or a sufficient performance guarantee has been posted for improvements not yet completed.
(2)
The Zoning Enforcement Officer shall be responsible for the overall inspection of site improvements, including coordination with other officials and agencies, as appropriate.
(3)
The applicant shall provide a map satisfactory to the Zoning Enforcement Officer indicating locations of monuments marking all underground utilities as actually installed. No performance bonds shall be released or certificates of occupancy issued until such map is provided by the developer.
§ 490-85 Amendments.
A.
Authorization. The Village Board may, from time to time, on its own motion or on petition or on the recommendation of the Planning Board, after proper public notice and public hearing, amend, supplement or repeal the regulations, provisions or boundaries of this chapter.
B.
Submissions. In the case of a proposed amendment, the Village Board may require the petitioner to submit a development plan showing the extent, location and character of proposed structures and uses. The Village Board may require that such plan be modified to meet the objections raised at any public hearing thereon and may qualify its approval of any such amendment by attaching a special endorsement thereto. No building permit or certificate of zoning compliance shall be issued for any property with the area described by said amendment except in accordance with the approved development plan and with all conditions and limitations placed thereon by the Village Board. Unless application for a building permit is made within six months from the Village Board's approval and unless development of the area included in such development plan is commenced within a period of one year after the Village Board's approval, said approval shall be void and the zoning classification shall be as it was when the petition for amendment was filed.
C.
Procedure.
(1)
Filing petition. A petition to amend, change or supplement the text of this chapter, or any zoning district as designated on the Zoning Map established herein, shall be filed with the office of the Zoning Enforcement Officer on forms obtained from this office and shall be transmitted by this office to the Village Board.
(2)
Referral to Planning Board. Each proposed amendment shall be referred to the Planning Board for an advisory report prior to the public hearing held by the Village Board.
(3)
Protests. In case of a protest against any change signed by the owners of 20% or more of either the area of the land included in such proposed change or of that immediately adjacent extending 100 feet therefrom or of that directly opposite thereto extending 100 from the street frontage of such opposite land, such amendment shall not become effective except by the favorable vote of at least four members of the Village Board.
(4)
Rehearing. The disposition of a petition for amendment by the Village Board shall be final, and disapproval or denial of the proposed amendment shall void the petition. No new petition for an amendment which has been previously denied by the Village Board shall be considered by it, except for a vote to table or to receive and file, and no public hearing shall be held on such amendment within a period of one year from the date of such previous denial, unless the Planning Board shall submit a recommendation, with reason stated therefor, certifying that there have been substantial changes in the situation which would merit a rehearing by the Village Board.
§ 490-86 Appeals.
Any person aggrieved by any decision of the Zoning Enforcement Officer relative to the provisions of this chapter or the Planning Board may appeal such decision to the Zoning Board of Appeals, as provided in this chapter.
§ 490-87 Penalties for offenses.
Any person who violates any provision of this chapter or any regulation adopted hereunder is guilty of an offense punishable by a fine not exceeding $350 for the first violation, a minimum of $350 and a maximum of $700 for a second violation within five years, and a minimum of $700 and a maximum of $1,000 for a third or subsequent violation within five years, or imprisonment for a period not to exceed six months, or both. Each week's continued violation shall constitute a separate violation.
§ 490-88 Enforcement.
The Zoning Enforcement Officer shall be empowered to enforce this chapter and regulations set forth herein.