Sylvan Beach Village
City Zoning Code
City Zoning Code
ARTICLE X
Review Procedures
§ 136-69 General provisions.
Notice of public hearing. Each notice of hearing upon an application for site plan review, a special use permit, or for the review of a variance application upon an appeal to the Zoning Board of Appeals, or any other public hearing shall be published once in the official newspaper of the Village at least five days prior to the date of the hearing. In addition, at least 10 days prior to the date of the hearing, notices shall be mailed to all owners of property within 100 feet of the exterior boundary of the property for which the application is being made, as may be determined by the latest assessment records of the Village.
Records to be retained. The original or a certified copy of all decisions, approvals, rulings and findings of any board under this chapter, and of all permits and certificates issued under this article, shall be promptly furnished by the Code Enforcement Officer to the Village Clerk and retained as a permanent Village public record.
Assistance to boards. The Planning Board and Zoning Board of Appeals shall have the authority to call upon any department, agency or employee of the Village for such assistance as shall be deemed necessary and as shall be authorized by the Village Board. Such department, agency or employee may be reimbursed for any expenses incurred as a result of such assistance. The Planning Board and Zoning Board of Appeals shall have the power and authority to employ experts, clerks and a secretary and to pay for their services, and to provide for such other expenses as may be necessary and proper, not exceeding the appropriation that may be made therefor by the Village Board.
The Planning Board and 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 Title Six, Part 1617 of the New York Codes, Rules and Regulations.
The Village of Sylvan Beach, including the Planning Board and Zoning Board of Appeals, shall comply with the provisions of New York State General Municipal Law.
§ 136-70 Permits.
Zoning permit required. No development may be commenced within the Village without a zoning permit issued by the Code Enforcement Officer.
Permit types.
Basic permit. All basic permit applications shall be subject to the site plan review provisions of § 136-76.
Special use permits. All special use permit applications shall be subject to both the site plan review provisions and the special use permit provisions.
Sign permit. All sign permit applications shall be subject to the sign regulations contained in Chapter 105.
Temporary use permit.
Floodplain development permit: required for construction or development in areas of special flood hazard as specified in Chapter 51 of the Village Code.
Home occupancy permit.
Change of use.
Posting of permit. All applicants shall display a building permit on the subject premises. The permit shall be provided by the Village, clearly visible from a public way, and shall not be removed until all of the requirements of this chapter shall be satisfied.
Certificate of occupancy/compliance. No building may be occupied until a certificate of occupancy or certificate of compliance has been issued. The Code Enforcement Officer shall issue the certificate of occupancy upon a determination that all conditions of the zoning permit have been fulfilled.
Temporary certificate of occupancy. If, upon an inspection for a certificate of occupancy, the Code Enforcement Officer determines that a certificate of occupancy cannot be issued, and the Code Enforcement Officer, at his discretion, determines that such conditions do not affect the health, safety, and general welfare of the citizens of the Village, and finds that conditions for said certificate of occupancy can realistically be satisfied within 30 calendar days, the Code Enforcement Officer may issue a nonrenewable temporary certificate of occupancy to expire within 30 calendar days. At the end of this thirty-day period, if conditions for a final zoning compliance permit are not satisfied, the Code Enforcement Officer shall revoke the temporary certificate of occupancy and shall take appropriate steps pursuant to this chapter.
Expiration of zoning permit. If a project for which a permit has been issued is not provided either a temporary or a final certificate of occupancy within one year after the issuance of such permit, said permit shall expire. The project may not be started or continued unless said permit has been renewed within the one-year period. If the permit is not renewed, the applicant must apply for a new permit in accordance with this chapter.
§ 136-71 Variances.
Refer to § 7-712-b of New York State Village Law for area and use variance review procedures.
Appeals. Applicants, or any officer, department, board or bureau of the Village, have the right to appeal any order, requirement, decision, interpretation or determination of officials charged with the enforcement of this chapter to the Board of Appeals. The Board of Appeals may reverse or affirm, wholly or partly, or modify the order, requirement, decision, interpretation or determination being appealed 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 assume all the powers of the administrative official from whose order, requirement, decision or determination the appeal is taken.
§ 136-72 Fees, costs and security.
Permit application fees and expenses.
Fees required by this chapter shall be paid upon the submission of applications and appeals.
Expenses incurred by the Village shall be due upon receipt of an invoice from the Village Clerk.
The Village Board shall establish the fees for applications and appeals, which are subject to updates by resolution. A fee schedule shall be posted in the Village Hall.
No required fee shall be substituted for any other fee.
The following actions shall require fees or reimbursement of expenses (this list is not necessarily all-inclusive):
Building permit.
Sign permit.
Zoning variance application.
Temporary sign permit.
Zoning interpretation.
Expense of neighbor notification.
Expense of notice publication.
Expense of outside professional services.
Banner permit.
Campground permit and annual operating permit.
Professional assistance. The Planning Board and Zoning Board of Appeals may engage the services of professional consultants, at the expense of the applicant, during the site plan review and special permit approval processes.
Performance bond. In lieu of the completion of required improvements, the Planning Board, prior to its final approval, may require from the owner for the benefit of the Village a performance bond issued by either a bonding or surety company approved by the Village Board or by the owner with security acceptable to the Village Board in an amount sufficient to cover the full cost of said required improvements and their maintenance for a period of two years after completion as is estimated by the Village department designated by the Planning Board.
§ 136-73 Subdivision of land.
The Village shall comply with the provisions of New York State Village Law §§ 7-728 to 7-730, as amended, regarding subdivision of land.
§ 136-74 SEQRA.
The Village shall comply with the provisions of the New York State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations as codified in Title 6, Part 1617, of the New York Codes, Rules and Regulations. Upon receipt of any complete application, the Village or any officer, department, board or bureau of the Village shall initiate the New York State environmental quality review process by issuing a determination of significance.
§ 136-75 Zoning text and map amendments (rezoning).
Authority. This chapter and the Zoning District Map may be amended from time to time by the Village Board; provided, however, that no such amendment shall be enacted except in accordance with the procedures set out in this section.
Purpose. The amendment process herein established is intended to provide a means for making changes in the text of this chapter and in the Zoning District Map that have more or less general significance or application. It is not intended to relieve particular hardships or to confer special privileges or rights but is intended as a tool to adjust the provisions of this chapter and the Zoning Map in light of changing, newly discovered or newly important conditions, situations or knowledge.
Procedure.
Proposal by the Village. Amendments may be proposed by the Mayor, Village Board, the Planning Board or the Zoning Board of Appeals by transmitting such proposal, together with such supporting materials as may seem appropriate, to the Code Enforcement Officer for processing in accordance with the provisions of this section.
Action by Planning Board.
Within 60 days following the receipt of the complete application, the Planning Board shall transmit its recommendation to the Village Board.
The failure of the Planning Board to act within 60 days shall be deemed a recommendation for the approval of the proposed amendment as submitted.
In making recommendations regarding amendments to the text of this chapter or to the Official Zoning Map, the Planning Board shall consider and make findings on the following matters regarding the proposed amendment:
Consistency with the Village's Comprehensive Plan and any other adopted special area plans.
Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood.
Suitability of uses proposed by the zoning amendment for the property affected by the amendment.
Availability of public services and infrastructure generally suitable and adequate for uses allowed within the proposed district.
Is the zoning change for the general welfare or does it only benefit the individual owner(s)?
Is the parcel(s) able to be reasonable developed for the use(s) permitted in the proposed district?
The Planning Board may schedule an informational meeting with mailed notice to affected property owners.
Public hearing. A public hearing shall be set, advertised and conducted by the Village Board in accordance with § 136-69.
§ 136-76 Site plan review.
Purpose. The purpose of this section is to allow the proper integration of uses into the community based on their characteristics, or the special characteristics of the area in which they are to be located; to allow the Village to accommodate growth without creating an adverse effect on the Village and its citizens and taxpayers; to protect the health, safety and welfare of the citizens; and to promote consistency with the goals and objectives of the Village of Sylvan Beach Comprehensive Plan.
Applicability. This provision applies to the following:
Any sewer, water, building, floodplain, home occupancy or zoning permit for a parcel that has any nonconforming uses or structures.
Construction of any new dwelling unit(s), business or any structure or addition larger than 144 square feet.
Any change of use.
Any permit application that deviates from the Village design guidelines.
Substantial remodeling, renovation or modification.
Procedure.
Application shall be made to the Planning Board using forms supplied by the Village Clerk and delivered to the Code Enforcement Officer.
Prior to formal submission of a detailed site plan, applicants shall schedule a sketch plan conference.
The purpose of the sketch plan conference is to allow the Planning Board to review the basic site design concept, provide the applicant with constructive suggestions and, generally, to determine the information to be required for the site plan. In order to accomplish these objectives, the applicant must provide the following:
A brief narrative and preliminary concept showing the locations and dimensions of principal and accessory structures, parking areas, and other planned features and any anticipated changes in the existing topography and natural features.
A sketch or map of the area which clearly shows the location of the site with respect to nearby streets, rights-of-way, properties, easements and other pertinent features within 200 feet.
A topographic or contour map of adequate scale and detail to show site topography.
If the Planning Board determines that the information submitted for the sketch plan is sufficient, it may, at its discretion, conduct site plan review at the sketch plan meeting without requiring additional information or scheduling a separate site plan meeting.
If the Planning Board requests additional information after the sketch plan conference, a complete application shall be submitted to the Code Enforcement Officer.
General review criteria. The Planning Board shall require that all site plans comply with the following general review criteria:
The site is designed in the interests of the public health, safety, welfare, and comfort and convenience of the public in general, the residents of the proposed development, and the residents of the immediate surrounding area;
The site is designed so as to be in harmony with the Comprehensive Plan for the community;
Parking and loading areas are adequate for the intended level of use, and arranged and screened so as to minimize negative impacts on adjacent properties and the public road system.
Access to the site is safe and convenient and relates in an appropriate way to both the internal circulation on the site as well as the public road system;
The internal circulation of the site is arranged so as to provide safe access to parking and loading areas, provide adequate separation of pedestrian and vehicular movements, and to minimize impacts on the public road system;
The site is suitably landscaped, and appropriately screened from adjacent properties and the public road at all seasons of the year so as to protect the visual character of the area and to minimize negative impacts on adjacent properties and neighborhoods;
Pedestrian ways are safe and adequate, and are properly integrated with the pedestrian ways of adjacent properties and the neighborhood;
Any activities on the site which are incompatible with adjacent properties are suitably buffered so as to minimize negative impacts on such adjacent properties;
Signs, site lighting, and the design, locations and dimensions of all buildings and structures are in keeping with the character of the neighborhood;
Any changes to existing drainage patterns, or increased drainage due to development activity, have no negative impacts on adjacent property;
Proposed water supply and sewage disposal facilities are safe and adequate;
The proposed use is compatible with the geologic, hydrologic and soil conditions of the site and adjacent areas, and existing natural features are preserved to the extent possible;
Development activity complies with all other standards and requirements of this chapter.
Application content. The Planning Board may request that the applicant provide the information requested at the sketch plan conference and may further request all of the items from the site plan checklist available from the Village Clerk. The Planning Board is not limited to this list and may request any additional information it deems necessary or appropriate. In determining the amount of information it will require, the Planning Board will consider the type of use, its location, and the size and potential impact of the project.
Environmental review. Applications for site plan review and approval shall be accompanied by a short-form or a long-form EAF or a draft EIS, if required by SEQRA.
§ 136-77 Planning Board action on site plan application.
Site inspections. The Planning Board, and any such persons as it may designate, may conduct such examinations, tests and other inspections of the site(s) which is the subject of such application as the Planning Board deems necessary and appropriate.
Public hearing.
The Planning Board may hold a public hearing. Any such public hearing shall be held within 62 days following the receipt by the Code Enforcement Officer of a complete application.
In determining whether a public hearing is necessary, the Planning Board shall be guided by the expected level of public interest in the project.
Applicants may request a public hearing. When an applicant requests a public hearing, no site plan review project may be disapproved without such a hearing.
Notice. The Planning Board shall notice the public hearing by publication in the official newspaper at least five days prior to the date of the public hearing.
Professional assistance. The Village finds that the volunteer members may need professional assistance to make informed decisions. The Planning Board may engage the services of professional consultants during site plan review, at the expense of the applicant. The cost is separate and apart from any other fees or costs associated with SEQRA review.
Planning Board decision.
The Planning Board shall render a decision within 62 days after a required public hearing or within 62 days after the receipt of a complete application where no public hearing was required.
The Planning Board shall approve, approve with modifications, or disapprove the application.
The Planning Board's review of the site plan shall include, but is not limited to, the following considerations:
Location, arrangement, size, design and general site compatibility of buildings, lighting and signs.
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.
Location, arrangement, appearance and sufficiency of off-street parking and loading.
Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic, and overall pedestrian convenience.
Adequacy of stormwater and drainage facilities.
Adequacy of water supply and sewage disposal facilities.
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between the applicant's and adjoining lands, including the maximum retention of existing vegetation.
Adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
Special attention to the adequacy and impact of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
No approval or approval with conditions shall be granted until the Planning Board determines that the applicant is in compliance with all other provisions of this chapter.
Filing of decision.
The Planning Board shall notify the applicant in writing of its decision.
The decision of the Planning Board shall immediately be filed in the office of the Village Clerk and a copy thereof mailed to the applicant.
The Planning Board, in conjunction with its approval of any site plan review project, may impose such requirements and conditions as are allowable within the proper exercise of the police power, including the restriction of land against further development of principal buildings, whether by deed restriction, restrictive covenant, or other similar appropriate means, to ensure that guidelines as to intensity of development as provided in this chapter shall be respected. The Planning Board may impose reasonable conditions to ensure that the project will be adequately supported by services and improvements made necessary by the project and to ensure that the project will be completed in accordance with the requirements and conditions authorized under this chapter. In addition, the Planning Board may require that the Code Enforcement Officer incorporate any such requirements and conditions in any permit issued with regard to such site plan review project.
Upon approval of the site plan and payment by the applicant of all fees and reimbursable expenses due to the Village, the Planning Board shall endorse its approval on a copy of the final site plan and shall forward a copy to the applicant and the Code Enforcement Officer, and file same with the Village Clerk. Upon disapproval of a site plan, the Planning Board shall so inform the Zoning Officer, and the Zoning Officer shall deny a zoning permit to the applicant.
§ 136-78 Special use permit review.
Intent. The intent of this section is to set forth additional requirements which shall apply to certain land uses and activities which, due to their characteristics, or the special characteristics of the area in which they are to be located, require special consideration so that they may be properly located and planned with respect to the objectives of this chapter and their effect on the surrounding properties and community character. The primary purpose of special use permit review is to ensure compatibility with the surrounding neighborhood and to ensure the long-term benefit of the use to the Village.
Special use permit procedure. All special use permit review and approval shall occur as a part of the site plan review. Applicants shall refer to § 136-76, Site plan review, for the application process.
The Zoning Board of Appeals shall not issue a special use permit unless it makes a recorded finding that the proposed use will satisfy the standards set forth herein. In order to reach positive findings in support of the special use permit, the Zoning Board of Appeals may require conditions on, and/or modifications to, the project. Such conditions must relate to the impact of the project. If the Planning Board does not make a positive finding in support of the special use permit, it shall deny the special use permit. In issuance of such a denial, the record of the Zoning Board of Appeals must address the standards outlined below and include the facts and reasons upon which such denial was based:
Compatibility of the proposed use with the principles of the district, the purposes set forth in this chapter, and the goals of the Comprehensive Plan.
Compatibility of the proposed use with adjoining properties and with the natural and man-made environment.
Adequacy of parking, vehicular circulation and infrastructure for the proposed use, and its accessibility to fire, police, and emergency vehicles.
The overall impact on the site and its surroundings, considering environmental, social and economic impacts of traffic, noise, dust, odors, release of harmful substances, solid waste disposal, glare, or any other nuisances.
Restrictions and/or conditions on design of structures or operation of the use necessary either to ensure compatibility with the surrounding uses or to protect the natural or scenic resources of the Village.
Consistency of the location of the proposed use with the goal of creating a healthy mix of uses that enhances the commercial viability of the Village.
Compatibility with the historic character and use of the structure or structures and the historic character of the site and in the surrounding area.
Consistency with the requirements for site plan approval.
§ 136-79 Planning Board action.
Site plan approval. Site plan approval is a required step in the consideration of all special use permit uses and shall be carried out either prior to or in conjunction with these special use permit procedures.
Public hearing.
In the event that the Planning Board resolves that significant public interest or input is expected, the Planning Board will schedule a public hearing within 62 days of the date of the meeting at which the application was considered complete for receipt by the Planning Board.
The Village shall give public notice of such a hearing by causing publication of a notice of hearing in the official newspaper at least five days prior to the hearing date. Such notice of hearing shall be mailed directly to all landowners within 250 feet of the property line at least 10 days prior to the hearing date. The cost of the notification shall be billed to the applicant.
After the conclusion of a public hearing for a special use permit, including site plan approval, the Planning Board shall grant, deny, or grant subject to conditions the special use permit within 62 days.
The conditions for granting a special use permit will contain any modification or conditions to the site plan that the Planning Board deems necessary to conform to the criteria established below.
The decision of the Planning Board shall be filed in the office of the Clerk, and a copy thereof shall be mailed to the applicant.
A conditional special use permit approval shall expire at the end of 180 days if the conditions have not been satisfied. The Planning Board may, however, consent to an extension of up to 180 days.
§ 136-80 Special use permit expiration, revocation and enforcement.
A special use permit shall be deemed to authorize only the particular special use or uses specified therein.
A special use permit will expire if the applicant fails to obtain a building permit or fails to comply with the conditions of the special use permit (unless other provisions are set forth by the Planning Board in connection with its approval) 18 months after approval.
A special use permit will expire if the special use or uses shall cease for any reason for more than 24 consecutive months.
A special use permit may be revoked by the Planning Board if the conditions of the special use permit are violated.
Any violation of the conditions of a special use permit or a violation of any applicable performance criteria of this chapter shall be deemed a violation of this chapter and shall be subject to enforcement action as provided herein.
All special use permits shall run with the land and will be transferred to successive property owners provided the permit has not expired and it is not revoked for failure to meet the permit conditions.