Town Of Dewitt City Zoning Code
ARTICLE XX
Procedures
§ 192-120 Board and Department review procedures: application; hearings; notices; development permit; certificate of occupancy or compliance.
The following procedures shall apply unless otherwise modified elsewhere in this Code:
A.
Initiation of application. A property owner and its duly authorized agent or other persons having a contractual interest shall make an application required under this chapter for the subject property.
B.
Compliance required.
(1)
No application for development permit, site plan, specific permit use, interpretation of any law, rule, ordinance or regulation, zone change, map amendments or variances shall be accepted where there are existing violations or delinquent real estate, school, Town or county taxes assessed against the subject property, except where such application is intended to cure the violations.
(2)
Additionally, proof that all local, state and federal regulations and permits have been complied with or obtained shall be submitted as part of the application.
C.
Simultaneous processing. Whenever two or more forms of review and approval are required under this chapter, applications for those development approvals may be processed simultaneously.
D.
Application forms and application filing fees. Applications required under this article shall be submitted in a form and in such numbers as required by the Department. Applications shall be accompanied by the fee amount that shall be established by the Town Board in Chapter 15. The Department shall have the authority to waive application requirements, except fees, that are not applicable to a specific project.
E.
Application completeness.
(1)
An application shall be considered received when it is accepted in the required form, includes all mandatory information, including all exhibits, and is accompanied by the applicable fee and is determined to be complete by the Department. Such determination shall be made within 10 days following submission of an application.
(2)
If an application is determined to be incomplete, the Department shall provide written notice to the applicant, along with an explanation of the application's deficiencies. No further processing of the application shall occur and no public hearings shall be scheduled until the deficiencies are corrected. If the deficiencies are not corrected by the applicant within 30 days, the application shall be considered withdrawn and the application shall be returned to the applicant.
G.
Notification for public hearings.
(1)
(2)
Setting hearing. For all matters properly brought before the Town Board, Planning Board or Zoning Board of Appeals for which a public hearing is required by this chapter, the body charged with conducting the hearing shall, upon receipt of a completed application, select a reasonable time and place for such hearing; provided, however, that such time shall be not later than 62 days following the submission of the subject complete application, unless the applicant shall agree to a later time.
(3)
Mailed notices.
(a)
The Town Clerk shall be required to mail the appropriate notices for public hearings to all owners of property within 300 feet or the subject property, except for the projects enumerated at Subsection G(5) herein, which shall be within 1,000 feet of the subject property, as measured between nearest property lines. Where notice by mail is required, it shall be given at least five days in advance of the hearing date by regular United States Mail.
(b)
Notwithstanding the specific notification rules contained in this section, each Board may, in its own discretion, and as the case warrants, provide greater notice in the interest of fuller public participation.
(4)
Published notice. Where published notice is required, it shall be placed in an official paper or a newspaper of general circulation in the Town at least once, not less than five days before the date of the hearing. The published notice shall include:
(5)
Installation of sign at project location.
(a)
The posting of a Town-provided sign by the applicant for the specified proposal, as provided for herein, shall be required for the following types of proposals:
(b)
The size, location, number of signs, method of installation, materials, sign text and rules governing the use, installation, removal, reimbursement of costs and deposit fees shall be as directed by the Department.
(c)
The sign shall be provided by the Town of DeWitt to the applicant for installation at a particular project site. All costs associated with the installation, upkeep, removal and transportation of the sign shall be at the expense of the applicant.
(e)
For the activity listed in § 192-20G(5)(a)[5] above, the sign shall be installed on the lot after a complete application is received by the Department and at least five days prior to the initial appearance at the Planning Board. The sign shall be maintained by the applicant for a minimum of 14 days and removed no later than five days following Town of DeWitt discretionary development approval(s).
[Added 9-8-2008 by L.L. No. 8-2008]
H.
Filing of approvals.
(1)
The Town of DeWitt Town Clerk or Secretary to the Planning Board and Zoning Board of Appeals shall file all applicable restrictions and other conditions as approved by the Planning Board, Town Board or Zoning Board of Appeals as required by the Town Code with appropriate officers and agencies.
(2)
All covenants, deed restrictions, easements and similar restrictions to be recorded in connection with the approval shall provide that they may not be modified, removed or released without the express consent of the Town Board and shall provide that they may be enforced by the Town of DeWitt.
(3)
All filing fees and expenses are the responsibility of the applicant.
I.
Saving clause. Except as otherwise required by statute, failure to comply with any of the notice requirements as set forth in this section shall not invalidate any action taken by any Board.
J.
Development permits.
(1)
No structure shall be erected, improved or altered and no parcel shall be altered or improved unless a development permit has been issued for it by the Department.
(2)
If such erection, improvement or alteration includes construction or alteration of any exterior foundation wall or member, no further construction beyond placement and erection of the foundation for such wall or member shall be undertaken until a survey, showing the exact location of the new foundation relative to the boundaries of the lot on which it is situated, prepared and certified as accurate by a licensed land surveyor, is submitted to and approved in writing by the Department.
(3)
Except upon a written order of the Board of Appeals, no development permit shall be issued for any structure or alteration or use that would be in violation of any of the provisions of this chapter.
(4)
Applications for development permits shall be made upon such forms and shall be accompanied by such layout or plot plans as shall be prescribed by the Department to facilitate enforcement of this chapter in conjunction with the New York State Building Code, as amended.
(5)
Duration of development permits.
(a)
Material construction shall be commenced within 90 days of the issuance of a development permit and shall be continually pursued thereafter.
(b)
Any development permit not completed within one calendar year from the date of its issue shall become null and void, unless extended by the Department in writing for a period not to exceed six months.
K.
Certificates of occupancy or compliance.
(1)
No structure hereafter erected shall be used and no land shall be used or changed in use until a certificate of occupancy or compliance therefor has been issued by the Department.
(2)
No structure hereafter altered shall continue to be used for more than 30 days after the alteration is completed unless a certificate of occupancy or compliance shall have been issued by the Department.
(3)
Except upon a written order of the Board of Appeals, no certificate of occupancy or compliance shall be issued for any structure or use that would be in violation of any of the provisions of this chapter.
(4)
Applications for certificates of occupancy or compliance shall be made upon such forms and shall be accompanied by such layout or plot plans as shall be prescribed by the Department to facilitate enforcement of this chapter in conjunction with the New York State Building Code, as amended.
L.
Dismissal of application. In addition to other decision options available, the Planning Board, Zoning Board of Appeals or Town Board ("Board") may dismiss any application pending before it, if the Board, in its discretion, reasonably exercised, determines that the application has not been or is not being actively pursued and moved forward by the applicant. Any such dismissal may be without prejudice, as may be determined by the Board.
§ 192-121 Amendments to Zoning Map and Zoning Ordinance.
A.
Zoning text and map amendments (rezoning).
(1)
Authority. This chapter and the Zoning District Map may be amended from time to time by the Town Board; provided, however, that no such amendment shall be enacted except in accordance with the procedures set out in this section.
(2)
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.
(3)
Procedure.
(a)
Proposal by the Town. Amendments may be proposed by either the Supervisor, Town 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 Department for processing in accordance with the provisions of this section.
(b)
Application by owner. When any proposed amendment is initiated by an owner of, or other person having a contractual interest in, real estate or by the owners of more than 50% of the frontage of real estate to be affected by the proposed amendment, a complete application for such amendment, addressed to the Town Board, shall be filed with the Department. The Department may also request such other and further information and documentation deemed necessary or appropriate to a full and proper consideration and disposition of the particular application.
(c)
Action by Planning Board.
[1]
Within 60 days following the receipt of the complete application, the Planning Board shall transmit its recommendation to the Town Board.
[2]
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.
[3]
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:
[a]
Consistency with the Town's Comprehensive Plan and any other adopted special area plans.
[b]
Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood.
[c]
Suitability of uses proposed by the zoning amendment for the property affected by the amendment.
[d]
Availability of public services and infrastructure generally suitable and adequate for uses allowed within the proposed district.
[e]
Is the zoning change for the general welfare, or does it only benefit the individual owner(s)?
[f]
Is the parcel(s) able to be reasonably developed for the use(s) permitted in the proposed district?
[4]
The Planning Board may schedule an informational meeting with mailed notice to affected property owners.
§ 192-122 Site plan review and approval.
A.
Site plan review. All structures, uses, and properties, including any addition, replacement, or modifications of such structures, uses or improvements, shall require site plan review, except for single-family dwellings. No decisions by the Zoning Board of Appeals shall preclude this review.
(1)
Procedure. The following procedure shall govern:
(a)
A complete application for site plan review shall include all pertinent information and materials required by this Code and Design Guidelines and shall be filed with the Department, which shall immediately refer it to the Planning Board.
(b)
The Planning Board shall review the application to determine compliance of the plans with the requirements set forth in § 192-122A(3) of this article and shall receive a recommendation of the Department.
(c)
Within 62 days after the date of the completed application being filed, the Board shall approve, approve with modifications and/or conditions or disapprove said plans.
[1]
During its review, the Planning Board may have informed conferences with the applicant and accept amended plans in substitution for those originally filed.
(d)
Upon receipt of the Planning Board's approval or approval with modifications and/or conditions, the Department may issue a development permit for the proposed structure and/or use, provided such permit application meets all requirements for a permit. Otherwise, the permit shall be deemed denied.
(e)
If the site plan review application is denied, the applicant may apply to the Supreme Court for review pursuant to § 274-a, Subdivision 11, of the Town Law.
(2)
Public hearing. A public hearing shall be held by the Planning Board for the following site plan review applications unless the Board decides by resolution that the public interest can be served through the customary method of Planning Board public notice:
(a)
Adult use;
(b)
Animal day care, kennel or shelter;
(c)
Bed-and-breakfast;
(d)
Commercial garage;
(e)
Excavation, site grading or filling;
(f)
Mixed use;
(g)
Off-site parking;
(h)
Outdoor seating/assembly area;
(i)
Recreational and entertainment facilities: outdoor;
(j)
Twenty-four-hour operation, including an ATM, or any use operating or intended to operate after 11:00 p.m. or before 6:00 a.m. on any day if the use is located within 100 feet of a residential lot line or residential district boundary line as measured from the nearest property line;
(k)
Vehicle sales;
(l)
Vehicle service station; and
(m)
Any structure or use which the Planning Board determines to have significant neighborhood or community interest.
(3)
Regulations. The structures and uses authorized in each district shall conform to all the regulations of the district in which they are located and to any particular regulations that apply to them under other provisions of this chapter. Any use not specifically enumerated as permitted in a district is deemed to not be permitted in said district. In addition, they shall be oriented in their location upon the site with specific consideration given to layout, landscaping, lighting, signage, grading, drainage, traffic and architecture such that:
[Amended 1-21-2015 by L.L. No. 1-2015]
(a)
The flow, control and safety of traffic shall not be adversely affected to an unreasonable degree.
(b)
There shall be reasonable compatibility in all respects with any structure or use in the neighborhood, actual or permitted, which may be directly and substantially affected. There should be a suitable transition between neighboring uses and districts.
(c)
There shall not be any unreasonable detriment to any structure or use, actual or permitted, in the neighborhood.
(d)
There shall be reasonable provision for open spaces, yards and landscape areas appropriate to the structure and use.
(e)
There shall be reasonable care taken to ensure that the design, quality, aesthetic appearance and structural integrity of all buildings and all exterior building materials, finishes and systems will not adversely affect the character and value of the structures, uses, neighborhoods, streets and vistas within the Town.
(f)
There shall be substantial compliance with the Design Guidelines.
(g)
An appropriate evolution of the Comprehensive Plan for the Town of DeWitt.
(4)
Duration of site plan approval.
(a)
An approved site plan shall be exercised by obtaining a development permit within six months from the date of its approval. A site-plan-approved project shall be completed within one year of development permit issuance unless extended by the Department following written request.
(b)
A site plan approved prior to the adoption of this chapter shall be exercised by obtaining a development permit within one year of the date of adoption of this chapter and completed within one year of permit issuance.
(5)
Lots in two districts. Where a district boundary line divides a lot, the uses and regulations of each district cannot be extended into the other district, unless such use is allowed in that district.
[Added 1-21-2015 by L.L. No. 1-2015]
§ 192-123 Specific use permits.
A.
Specific use permits.
(1)
Conformance required and conditions of approval. With regard to a specific use permit application, the structures and uses authorized in each district shall conform to all of the regulations of the district in which they are located and to any particular regulations that apply to them under other provisions of this chapter. If any additional regulations and safeguards will permit the following findings, the Board of Appeals shall require them as a condition of approval.
(2)
Findings necessary for review.
(a)
The Board of Appeals may approve a structure or use under this section or under any other provision of this chapter only upon findings that the proposed structure or use, together with such regulations and safeguards as the Board may fix, is:
[1]
Appropriate for the particular lot and location.
[2]
Not unreasonably detrimental to neighboring properties, areas and districts.
[3]
Consistent with an orderly and appropriate development of neighboring properties, areas and districts.
[4]
Where adjoined by existing or permitted uses, a suitable transition between neighboring uses and districts.
[5]
An appropriate evolution of the Comprehensive Plan for the Town of DeWitt.
(b)
An application for Board of Appeals approval under this article shall be immediately referred to the Planning Board, which may submit such report and recommendations as it deems proper for consideration of the Board of Appeals, and the Board shall not take final action upon the application until receiving such report and recommendation by the Planning Board or until 30 days have passed since such reference.
B.
Duration of special use permits and variances. An application approved by the Zoning Board of Appeals shall be exercised by obtaining a development permit within six months from the date of approval. An approved project shall be completed within one year of development permit issuance unless extended by the Department following written request.