Verona Town City Zoning Code
ARTICLE V
Special Review Standards and Procedures
§ 262-30 Nonconforming elements.
Any legally established principal or accessory use, building, improvement or lot not in compliance with the provisions of this chapter or subsequent amendments shall be regarded as a nonconforming element subject to the following provisions:
A.
Modifications. Any modification of a nonconforming element including any addition, enlargement, alteration, structural alteration or change in use shall be subject to the provisions of this section.
B.
A nonconforming building is a preexisting principal or accessory structure that does not comply with applicable yard, setback, height, lot coverage or similar dimensional requirements.
(1)
General maintenance and repair. Except as otherwise provided for in this section, nonconforming buildings may continue to exist, be maintained and repaired.
(2)
Structural alterations, renovations and additions. Alterations, renovations and additions to a nonconforming building may be made upon issuance of a building permit; provided, however, that these modifications do not increase the degree of a nonconforming element or expand a nonconforming use that may be related to the structure. For example, an increase in the degree of nonconformity includes an addition to or enclosure of a porch that protrudes into a required yard; conversely a conforming addition in the rear yard would not affect a front yard nonconformity. For purposes of enforcement, any modifications that increase the degree of nonconformity shall be subject to an area variance by the Zoning Board of Appeals.
(3)
Damaged structures. A nonconforming building may be repaired and restored to its former condition except where damage or deterioration involves more than 50% of the floor area or exceeds 50% of the total replacement cost of the damaged structure as determined by a licensed adjuster, appraiser or other legal representative of the insuring company. If, however, a discrete portion of a structure (such as a porch, vestibule, garage, etc.) is the sole basis for the nonconformity and only that portion is damaged more than 50% of its floor area, then it may be repaired or restored upon issuance of a special permit by the Zoning Board of Appeals.
C.
A nonconforming use is a legally preexisting activity or land use occurring on or associated with a structure or site and is not permitted by building or zoning permit, site plan review or a special permit approval in the applicable zone district. A nonconforming use may be found to occur in conforming structures.
(1)
Except as otherwise provided in this article, nonconforming uses may continue to exist.
(2)
A nonconforming use may not be enlarged to occupy additional floor area within an existing structure or additional lot space, nor be converted to another use except in conformance with this chapter. For purposes of enforcement, any such proposed modification or enlargement of a nonconforming use shall be subject to approval of a variance from the Zoning Board of Appeals.
(3)
A nonconforming use may be changed to another nonconforming use of the same or comparable land use classification only upon issuance of a special permit by the Zoning Board of Appeals and upon finding that the proposed use will have a lesser impact on surrounding properties than the existing use. In its determination, the Zoning Board of Appeals shall consider parking demand, pedestrian and traffic volume, intensity of use, hours of activity, noise levels and any other factors considered relevant under the circumstances.
(4)
A nonconforming use, if changed to a conforming use, shall not thereafter be changed back to a nonconforming use.
(5)
The provisions of Subsection B above regarding repair and restoration of damaged structures shall apply to conforming buildings containing a nonconforming use.
(6)
Any previously established permitted use now subject to the site plan review or special permit requirements of this chapter shall be regarded as nonconforming use if it does not comply with the current site plan review or special permit requirements.
(7)
A nonconforming use of a building or land which has ceased operation for 12 months shall be deemed abandoned and may not be reestablished as a nonconforming use, and after that such structure or land or portion of it shall be used in conformity with this chapter. If upon a finding by the Zoning Board of Appeals that a nonconforming use occupies a building uniquely designed for its use (e.g., two-family dwelling) then a nonconforming use may be reestablished within 24 months.
D.
A nonconforming lot is a parcel of land legally established pursuant to the Town's Subdivision Regulations (Chapter 224) but does not meet the current dimensional requirements for lot width, depth or area, if any, of the applicable zone district regulations. Lots established without Town subdivision approval are considered legal if they were filed and recorded in the Office of the Oneida County Clerk prior to the date of the enactment of this chapter by the Town Board and conformed to the zoning requirements in effect at the time of filing. A nonconforming lot in any district may be improved with a permitted site plan review or special permit use if all applicable setbacks, yards, dimensional, parking, and/or screening requirements are met.
E.
Other nonconforming elements.
(1)
Parking. No modification of a building (whether an addition or an internal renovation) which increases the floor area devoted to an otherwise conforming use shall be made if such modification increases the degree of nonconformity with respect to off-street parking requirements.
§ 262-31 Site plan review standards.
A.
Purpose. Site plan review seeks to promote the optimum site design within the limits of the dimensional requirements established in the zone district regulations. The standards and procedures regulate the placement and design of buildings and improvements on a single property in order to achieve physical arrangements that are most appropriate to site conditions, public services, environmental resources and neighborhood character.
B.
Authority. (See also Article VI, Administration and Enforcement.)
(1)
Delegation. The Planning Board is authorized pursuant to New York State Town Law § 274a to review and approve all site plans for uses listed in the zone district regulations in conformance with the provisions of this article.
(2)
Compliance with review. No use, building or improvement requiring site plan review by this zoning chapter shall be occupied, modified, altered or changed except in compliance with the procedures and standards of this article.
(3)
Relationship to special permit and variance. Unless required as a condition of approval, site plan review shall not be required for any use, structure or improvement approved pursuant to a variance or special permit procedure.
C.
Procedure.
(1)
Schedule of review. Site plans shall be reviewed in conformance to the applicable provisions of New York State Town Law § 274-a and § 262-35, Common review procedures, of this Chapter 262, Zoning.
(2)
Submission requirements. Application for site plan review shall be submitted on forms provided by the Town and shall provide information as described in § 262-35D (submission requirements of special review standards and procedures, Article V).
D.
Standards of review.
(1)
Town Plan, Zoning and Building Codes. The Code Enforcement Officer shall evaluate the proposed site plan for conformance with the New York State Uniform Fire Protection and Building Code, the Town Plan and any applicable Town planning policies or zoning requirements. Potential areas of noncompliance, if any, shall be reported to the Planning Board.
(2)
Relationship to site conditions.
(a)
The proposed site plan shall be appropriate to the existing or proposed site conditions, such as slope, soil or drainage, and any changes in grade or vegetation, shall be appropriately designed for the site.
(b)
Proposed changes in grade and ground cover during and after construction shall not cause erosion or adverse effects on drainage patterns.
(3)
Relationship to surrounding properties.
(a)
The proposed site plan shall ensure that the size, placement, design and construction materials of any buildings or improvements are compatible with the character and use of surrounding properties and neighborhoods.
(b)
The proposed site plan shall ensure that drainage, lighting, signage and any other exterior effects of the proposal do not adversely affect surrounding properties.
(4)
Vehicular and pedestrian circulation.
(a)
The size, location, design, directional signage, pavement composition and lighting of the vehicular and pedestrian areas will properly accommodate the anticipated traffic volumes in a safe and efficient manner.
(b)
The proposed site plan shall provide vehicular and pedestrian connections to the public street(s) and sidewalks, if any, that are adequate in number, size, location and design and which will be established in conformance with applicable Town, county or State Transportation Departments' engineering standards for safe and efficient site access and egress.
(c)
The proposed site plan adequately provides for emergency vehicle access to and from the site and to areas around the buildings.
(d)
The proposed site plan adequately provides for the storage and discharge of stormwater and snow from vehicular and pedestrian areas.
(5)
Services and utilities. The proposed site plan contains provision for water supply, wastewater disposal, drainage, fire protection and solid waste disposal that are adequate for the proposed use, established in conformance with applicable permit standards and procedures, and are consistent with the Town's long-term objectives for public facilities and services.
(6)
Environmental resources.
(a)
The proposed site plan provides for the placement of buildings, paved areas and other improvements in a manner which avoids adverse impacts upon, identified environmental or historical resources and, when necessary, establishes appropriate alternatives or mitigation measures of any adverse effects.
(b)
Any changes or intrusions on identified resources are performed in conformance with applicable permit standards and procedures.
(7)
Aesthetics.
(a)
The Planning Board shall ensure that the design and use of materials on all buildings, improvements and landscaping enhance the appearance of the site and do not detract from the appearance of the neighborhood.
(b)
The Planning Board shall ensure that the placement and design of parking, loading, storage and service areas includes adequate buffers and/or screening appropriate to the character of the neighborhood and adjacent properties.
E.
Additional conditions upon site plan review. The Planning Board may impose additional conditions in compliance with the requirements of this chapter and upon approval of a site plan which, in its opinion, are reasonable and necessary, including but not limited to restrictions upon methods of construction, type, composition and appearance of building materials and modifications of the size, number and design of any improvements, such as signs, plantings, pavement areas and parking.
F.
Existing use or structure. Any use or structure established as a matter of right prior to the enactment of this chapter, but which is now subject to the issuance of a site plan review, shall be subject to the provisions of this article.
G.
Site design standards and criteria for selected uses or structures:
(1)
Farm stand.
(a)
The products sold from a farm stand shall be limited to field, fruit, vegetable or ornamental plant crops grown on the same farm.
(b)
A farm stand shall not exceed 1,500 square feet.
(c)
The farm stand shall be located no closer than 30 feet from the edge of the public right-of-way and no closer than 10 feet from any side property line.
(d)
Access to the public highway shall be limited to existing driveways or to new driveways established pursuant to permits from the Town Highway Superintendent, the Oneida County Department of Public Works or the New York State Department of Transportation.
(e)
Customer parking spaces shall be provided on site, and the vehicle maneuvering area shall be maintained out of the public right-of-way.
(2)
Outdoor sales and storage.
(a)
The portion of a site used for outdoor storage or sale shall be maintained within the specific area or areas as shown on the plan approved by the Zoning Board of Appeals.
(b)
Any material to be sold or stored out-of-doors shall be maintained in a neat and orderly manner and shall not intrude into any required front, side or rear yards.
(c)
Any lighting shall be designed to eliminate direct glare upon neighboring properties.
§ 262-32 Special permit standards.
A.
Purpose. Special permit review seeks to ensure that certain permitted uses are established in a manner that is most appropriate and compatible to a site, neighborhood and zone district.
B.
Authority. (See also Article VI, Administration and Enforcement.)
(1)
Delegation. The Zoning Board of Appeals shall have the power to review and approve, approve with modifications or disapprove all special permit uses listed in the zone district regulations pursuant to New York State Town Law § 274-b and the provisions of this article.
(2)
Compliance with review. No use, building or improvement requiring special permit review shall be occupied, enlarged, modified, altered or changed except in compliance with the procedures and standards of this article.
(3)
Relationship to site plan review and variances.
(a)
The Zoning Board of Appeals, after review, may refer all special permit proposals to the Planning Board for an advisory review and comments; separate site plan review by the Planning Board is not required when a land use or structure is subject to special permit review; however, Planning Board review and approval of the proposal can be required by the Zoning Board of Appeals, as a condition of special permit approval.
(b)
In the event that an area variance from zoning dimensional requirements is to be requested, the Zoning Board of Appeals may simultaneously review and decide such a request during the special permit review.
C.
Procedure.
(1)
Schedule of review. Special permits shall be reviewed pursuant to the applicable provisions of New York State Town Law § 274-b and Article V, Special Review Standards and Procedures, § 262-36A, Standard review procedures for all boards, of this Chapter 262, Zoning.
(2)
Submission requirements. An application for a special permit shall be submitted on forms provided by the Town and consistent with the provisions of § 262-35.
D.
Additional conditions upon special permit approval. The Zoning Board of Appeals may impose additional conditions in compliance with the requirements of this chapter and upon approval of a special permit which, in its opinion, are reasonable and necessary; these conditions may include, but are not limited to, restrictions on construction methods, hours of operation, or type of equipment used in the operation of the use. The Zoning Board of Appeals may also require modification of the size, number and design of any improvements, such as signs, plantings, pavement areas, parking or building materials.
E.
Existing uses. Any use or structure established as a matter of right prior to the enactment of this chapter, but which is now subject to the issuance of a special permit, shall be subject to the provisions of this article upon any modification of use or structure.
F.
Standards of review. This section has two parts: Part 1 contains general standards applicable to all special permit uses; Part 2 contains standards applicable to certain specified uses in addition to the general standards of Part 1.[1]
(1)
General standards (Part 1).
(a)
Compliance.
[1]
The proposed use must comply with the applicable intent and regulations of the entire chapter, including the specific zone district in which it is located.
[2]
The proposed use must comply with other applicable Town, county, state or federal regulations.
(b)
Conformance with Town Plan.
[1]
The proposed use is located on a site and in an area of the Town that is consistent with the long-term development objectives for the area.
[2]
The proposed use is appropriately located with respect to the existing pattern of streets and other facilities, including but not limited to water, sanitary lines and drainage systems, and will not adversely affect the functioning of these facilities nor impede any planned improvements.
[3]
The proposed use is compatible in size and character to the existing and/or planned pattern of land uses within the immediate area.
(c)
Scale of development.
[1]
The proposed use is to be designed and developed in a manner that ensures the provision of necessary public facilities, improvements and landscaping to the site.
[2]
The scale and design of the proposed use is physically and visually compatible with the conditions of the site and surrounding properties.
(d)
Vehicular and pedestrian circulation. The nature and design of the proposed use ensures that there is safe and efficient vehicular and pedestrian movement within the site and in relationship to any streets serving the site. In making this determination, consideration shall be given, but not limited to, the following:
[1]
Location and adequacy of parking and loading facilities.
[2]
Pedestrian rights-of-way.
[3]
Traffic regulatory devices.
[4]
Location, number, and design of points of ingress and egress.
[5]
Accessibility by emergency vehicles with particular emphasis on access to structures, and provision for turning and free movement.
[6]
Provision for snow storage.
[7]
Age and mobility of all persons for whose benefit the use is intended.
[8]
Speed limits upon and general character of public highways in proximity to and providing access to the subject site.
(e)
Services and utilities.
[1]
The proposed use is adequately served with water supply, wastewater disposal and drainage facilities in compliance with any applicable county or state codes and provides for the long-term needs of the use.
[2]
The proposed use will be provided with adequate services or facilities for solid waste disposal, fire and police protection, utilities and other supporting services necessary for the use.
(f)
Environmental resources.
[1]
The proposed use is located, designed and operated in a manner that avoids or minimizes any disturbance of significant natural or cultural resources.
[2]
The proposed use is located and designed in a manner that is consistent with the site's soil capabilities to accommodate the use.
[3]
The proposed use is to be developed in conformance with any applicable state or federal requirements regulating significant environmental resources.
[4]
The proposed use provides drainage systems conforming to any area-wide drainage plans and controls stormwater run-off consistent with Town Plan recommendations.
(g)
Aesthetics.
[1]
The proposed use includes use of building materials, screening and landscaping treatments of parking, drainage and storage areas that are consistent with existing development and any aesthetic standards developed by the Town, and which minimize any adverse visual affects on surrounding properties or public rights-of-way.
[2]
Lighting and signage for the proposed use is appropriate in size, color and placement for the site and character of the surrounding area and has no adverse impact on surrounding properties.
(h)
Emissions. The emission of any noise, smoke, heat or odor from the proposed use is within limits established by this chapter, if any, and is minimized and directed away from surrounding properties; any mechanical elements associated with these emissions are installed and maintained in accordance with applicable health and safety codes and are adequately screened from view.
(2)
Specific standards (Part 2).
(a)
Motor vehicle sales and service uses.
[1]
The lot shall have a sufficient minimum frontage along each public right-of-way to provide safe and adequate vehicular access and egress.
[2]
All fuel pumps shall be located at least 25 feet from any right-of- way or 30 feet from any other lot line.
[3]
Entrance or exit driveways shall be located at least 20 feet from any side or rear lot lines and at least 75 feet from any intersecting street right-of-way line. Such driveways shall be laid out so as to avoid the necessity of any vehicle backing into any right-of- way.
[4]
All fuels or similar substances shall be stored at least 35 feet from any lot line, and tanks shall be installed and maintained in accordance with the current standards of the American Insurance Association and the New York State Uniform Fire Prevention and Building Code. Vents must be at least 25 feet from any lot line.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[5]
No building or accessory facility shall be closer than 35 feet to any boundary line of a Rural or Residential District.
[6]
Vehicles awaiting routine repair must be stored on site and within a specific area approved by the ZBA.
[7]
All repair, servicing of vehicles or storage of parts and equipment, other than for washing and dispensing of fuel, oil, water and air, must be performed and contained within a principal or accessory structure.
[8]
A landscaped area at least eight feet in width from the lot lines shall be maintained (exclusive of driveways) on all sides of the property; treatment shall be of grass or other plantings, and storage of equipment or vehicles is prohibited in this area.
[9]
Any inactive flammable liquid or fuel storage tank shall be closed or removed in accordance within applicable New York State code.
(b)
Drive-in service.
[1]
Provision for the stacking of five vehicles for service shall be maintained on-site for each drive-in service window or unit.
[2]
On each lot line, except the front line(s), there shall be a landscaped buffer, eight feet in width measured from the lot line, planted with a staggered double row of evergreen or similar trees, installed at a height of four feet, on six-foot centers. The Zoning Board of Appeals may authorize opaque fencing to be substituted for landscaping planting upon finding that such screening would provide a more effective buffer for the residential neighbors.
[3]
A landscaped area eight feet in width measured from the lot lines shall be maintained (exclusive of driveways) on all sides of the property having road frontage or abutting nonresidential uses; treatment shall be of grass, ornamental stone or evergreens maintained below two feet in height and surrounded by curbing (wood, stone, concrete) four to six inches in height.
(c)
Home occupations or rural service uses. The following provisions are to allow residents to conduct certain secondary business activities within their homes or farms while not altering the primary use or appearance of the property as a residential dwelling or for agricultural purposes. A home occupation is specifically related to the occupants of the dwelling and shall cease upon the departure of the occupant and may not be transferred to a new owner or occupant without the express approval of the Zoning Board of Appeals.
[1]
A home occupation/rural service use discontinued for a period of 12 consecutive months may not be reestablished without the express approval of the Zoning Board of Appeals and in compliance with these regulations.
[2]
No home occupation/rural service use existing on the date of enactment of this chapter may be modified or altered in any way except in compliance with this section.
[3]
Employment or participation of occupants of the residence shall not exceed two adult persons. Not more than one nonresident employee shall be permitted.
[4]
To ensure that no exterior display or indication of the activity shall be visible to the general public, the following are prohibited, including, but not limited to:
[a]
Outdoor sales or display of items for sale.
[b]
Signs, except identification signs permitted not to exceed two feet by two feet.
[c]
On-site parking of more than one commercial vehicle associated with the home occupation unless housed in an enclosed residential garage.
[d]
Any variation in the residential or agricultural character of the property, such as construction of a separate entrance, other exterior structural alteration, or the addition of a parking area.
[e]
Outdoor storage of any material or goods associated with the home occupation.
[5]
Such activity is to be confined to within either the principal or accessory structure, and no yard area is used in conjunction with the activity except for required parking spaces.
[6]
The gross floor area of a home occupation/rural service use, regardless of location on the premises, shall not exceed the following schedule:
[a]
Home occupation: 25% of first floor area of the principal structure or a cumulative total of 500 square feet, whichever is less.
[b]
Rural service use: 35% of first floor area of the principal structure or a cumulative total of 750 square feet, whichever is less.
[7]
On-premises sale of merchandise is prohibited except where clearly incidental and secondary to the home occupation, limited in scope, and where there is no exterior evidence of items for sale. This shall not prevent on-premises sales or mail order handling of materials stored and shipped from off-site, nonresidential premises.
[8]
The home occupation/rural service use shall not increase the number or type of delivery vehicles customary to a dwelling, nor create any hazard to neighboring persons or property and shall not cause any electronic interference, excessive noise, vibration, smoke, dust, odors, heat, or glare on surrounding properties.
[9]
Students receiving instruction in the visual or performing arts, including but not limited to music, dance, fine arts or crafts, within any period of time shall not exceed two.
[10]
There shall be only one home occupation/rural service use allowed per dwelling unit. Home occupations shall be allowed in multifamily dwellings but only within those units that have direct pedestrian access to the outside of the structure and do not require any customer of the home occupation to use a shared or common corridor. The Zoning Board of Appeals may impose additional requirements on home occupations in multifamily dwellings for the protection of other residents.
[11]
The storage or parking of construction equipment or vehicles, machinery and building materials is prohibited for home occupations and subject to Zoning Board of Appeals approval for rural service uses.
[1]
Editor's Note: Parts 1 and 2 can be found in this §262-32 as follows: Subsection F(1), General standards; Part 2, Subsection F(2), Specific standards.
§ 262-33 Variance standards.
A.
Purpose. Variances are intended to provide relief from unique conditions found on individual properties. Variances seek to ensure that when nonpermitted uses, structures or activities are requested that they are the minimum relief necessary for the property, and they are to be established in a manner that is most appropriate and compatible to the conditions of the site, neighborhood and zone district.
B.
Authority. (See also Article VI, Administration and Enforcement.)
(1)
Delegation. The Zoning Board of Appeals, pursuant to New York State Town Law §§ 267, 267-a, and 267-b and the provisions of this article, shall review and approve all requests for variances and interpretations of this Chapter 262, Zoning.
(2)
Compliance with review. No use, structure or improvement subject to a variance shall be occupied, enlarged, modified, altered or changed except in compliance with the procedures and standards of this article.
(3)
Relationship to site plan review, special permit and subdivisions.
(a)
The Zoning Board of Appeals may refer all variance requests to the Planning Board for advisory review and comments; separate site plan review by the Planning Board is not required when a land use or structure is subject to a variance. However, Planning Board review and approval of the proposal can be required as a condition of variance approval.
(b)
In the event that an area variance is necessary for a separate and pending site plan, special permit or subdivision proposal, the Zoning Board of Appeals may simultaneously review and decide such area variance without a formal determination of an administrative official.
C.
Procedure.
(1)
Schedule of review. Variances shall be reviewed pursuant to the applicable provisions of New York State Town Law § 267-a and Article V, Special Review Standards and Procedures, § 262-35A, Standard review procedures for all boards, of this Chapter 262, Zoning.
(2)
Submission requirements. An application for a variance shall be submitted on forms provided by the Town and consistent with the provisions of § 262-35.
D.
Standards of review.
(1)
Definitions. The ZBA shall determine that the requested variance is a use or area variance based on the following statutory definitions of New York State Town Law § 267:
(a)
"Use variance" shall mean the authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.
(b)
"Area variance" shall mean the authorization by the Zoning Board of Appeals for use of land in a manner that is not allowed by the dimensional or physical requirements of the applicable zoning regulations.
(2)
Use variance standards (based on New York State Town Law § 267-b). The Zoning Board of Appeals shall not grant a use variance without a showing by the applicant that the applicable zoning regulations have caused unnecessary hardship to the property in question affecting each and every permitted use under the particular zoning district regulations. The applicant shall demonstrate such unnecessary hardship by showing:
(a)
That the applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence; shall consider information about:
[1]
The entire property and all land uses present.
[2]
The recurring or persistent nature of costs.
[3]
Detailed financial data and analysis.
[4]
Inability to sell property for extended period.
(b)
That the alleged hardship related to the property in question is unique and does not apply to a substantial portion of the district or neighborhood; shall consider information about detailed physical characteristics distinguishing property from others within the district and neighborhood.
(c)
That the requested use variance, if granted, will not alter the essential character of the neighborhood; shall consider information about the compatibility of the proposal to the surrounding existing land uses, the zone district intent and the Town Land Use Plan objectives for the area.
(d)
That the alleged hardship has not been self-created; shall consider information about:
[1]
Date of acquisition of the property.
[2]
Documentation of existing conditions.
[3]
Prior zoning and subdivision actions related to the property.
(3)
Area variance (based on New York State Town Law § 267-b). The Zoning Board of Appeals shall not grant an area variance until it has considered and weighed the potential benefits to the applicant against the possible detriments to the neighborhood and community as demonstrated by the applicant. The Zoning Board of Appeals shall consider the following:
(a)
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by granting of the area variance; shall consider information about:
[1]
The intent of the zone district or the applicable section of this Chapter 262, Zoning.
[2]
Description and analysis of the characteristics of surrounding land uses and structures.
(b)
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance; shall consider information about description and evaluation of other structural or operational alternatives that could comply with the zoning requirements.
(c)
Whether the requested area variance is substantial; shall consider information about description and evaluation of amount of deviation from zoning requirements in absolute (number) and relative (percentage) terms and compared to the context of the surrounding area.
(d)
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; shall consider information about description and evaluation of conditions in the area that could be affected by the proposal.
(e)
Whether 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; shall consider information about:
[1]
Duration of ownership and record of prior zoning and subdivision actions.
[2]
Consistency of the proposed development to surrounding area.
E.
Minimum variance necessary. The Zoning Board of Appeals shall grant the minimum use or area variance it deems necessary and adequate to address the relief demonstrated by the proofs or considerations submitted by the applicant and, which at the same time, preserve and protect neighborhood character and community well-being.
F.
Evaluation of proposed development. In addition to the standards cited above to be addressed by the applicant, the Zoning Board of Appeals may refer to and apply the provisions of the site plan and/or special permit standards when evaluating the scale and impact of a proposed development.
G.
Imposition of conditions. The Zoning Board of Appeals shall, in the granting of use variances and/or 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. Such conditions shall be consistent with the spirit and intent of this Chapter 262, Zoning, and shall be imposed for the purpose of minimizing any adverse impact such variances may have on the neighborhood or community; these conditions may include, but are not limited to, restrictions on construction methods, hours of operation, or type of equipment used in the operation of the use. The Zoning Board of Appeals may also require modification of the size, number and design of any improvements, such as signs, plantings, pavement areas, parking or building materials.
H.
Prior variances. Any use or structure established by a variance prior to the enactment of this Chapter 262, but which is now in substantial compliance with the zoning requirements shall now be subject to the applicable zoning district regulations.
§ 262-34 Zoning amendments.
A.
Purpose. Amendments to this Town Zoning Chapter 262 and associated map are local laws intended to implement major land use and development policy objectives. Such amendments affect significant areas within the Town or may affect classes of land uses throughout the Town.
B.
Authority. The Town Board pursuant to New York State Town Law §§ 261, 262 and 263 and the provisions of this article shall approve all modifications to this chapter and any changes to the Zoning Map.
C.
Procedure.
(1)
Schedule of review. Zoning amendments shall be reviewed pursuant to the applicable provisions of New York State Town Law §§ 264, and 265 and this article.
(2)
Submission requirements. A proposal for a zoning amendment shall be submitted on forms provided by the Town and consistent with the provisions of § 262-35.
(3)
Applicant. All zoning amendments constitute the adoption of a local law and therefore the Town Board is the official applicant in all cases. The Planning Board or a citizen of the Town may request the Town Board to initiate a zoning amendment.
(4)
Planning Board referral. All zoning amendments shall be referred to the Town Planning Board for advisory review and comment. The Planning Board shall submit a written report within 30 days of referral, unless an extension is mutually agreed upon, to the Town Board.
(5)
Compliance with other provisions of New York State law. The Town Board shall comply with all applicable provisions of the New York State Environmental Review Act (SEQR) and General Municipal Law § 239-m, referral to the County Planning Board.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D.
Standards of review.
(1)
Definitions. For purposes of this chapter, there are two types of zoning amendments.
(a)
A text amendment is a modification to the written language of this Zoning Chapter 262 and may include regulations that affect the entire Town or creation of districts affecting limited portions of the Town.
(b)
A Zone Map amendment applies the language of this Chapter 262, Zoning, to specific areas of the Town; it may modify the zone district boundaries or add or remove zone districts from the Zoning Map.
(2)
Standards of review.
(a)
Compliance to Town Plan. All zoning amendments shall be considered with respect to the Town Comprehensive Land Use Plan and shall seek to further the objectives and policies of the plan.
(b)
Community well-being. All zoning amendments shall, in the judgment of the Town Board, enhance the health, safety and welfare of the entire Town.
(c)
Districts. Districts with separate and distinct regulations for land uses and structures may be established when they further Town-wide objectives, respond to general conditions of an area and uniformly treat land uses and structures within the district.
§ 262-35 Common review procedures and submission requirements.
New York State law and this chapter establish that certain land development activities require review and approval by the Town Board, Planning Board or Zoning Board of Appeals. This article applies to all boards that have the authority to issue approvals for site plan reviews, special permits or variances. The type of review (site plan or special permit) and the reviewing board for land development activities is specified in the zone district or supplemental regulations of this chapter. Variances are issued by the Zoning Board of Appeals.
A.
Standard review procedures for all boards.
(1)
Conceptual review. An applicant may request an informal review of a proposed concept prior to formal submission. Such reviews will be scheduled at the convenience of the reviewing board and summarized in the Board minutes. Conceptual reviews are intended to assist the applicant and reviewing board in identifying important issues that may arise. Conceptual reviews are advisory.
(2)
Codes compliance. Prior to or concurrent with filing a formal application, the applicant shall submit a copy of the proposal with supporting documentation to the Town Code Enforcement Officer for a preliminary and advisory evaluation of compliance with the New York State Fire Prevention and Building Code and any other applicable Town, county, state or federal codes. The Code Enforcement Officer shall report the findings of this evaluation to the reviewing board, as required in Subsection A(7) below and shall report any potential areas of noncompliance. The reviewing board may require the applicant to state if any waivers of the New York State code or Town requirements are to be sought or identify alternatives to resolve the areas of noncompliance.
(3)
Filing.
(a)
At least 10 days prior to a regularly scheduled Board meeting the applicant shall submit all documents required in § 262-35D, to the Town Code Enforcement Officer/Town, Zoning, and Planning Board Secretaries/Town Clerk.
(b)
The Code Enforcement Officer will record the date of filing, establish an official file, include the proposal on the Board agenda and distribute copies of the proposal to the following: Board members, Board Attorney and Town Engineer.
(4)
Determination of completeness and official submission date (typically meeting No. 1).
(a)
The reviewing board at its regular meeting shall:
[1]
Review the required submission documents.
[2]
Determine that all materials have been provided pursuant to the chapter and determine that the information is clear and satisfactorily presented so that it may be properly evaluated.
(b)
Pursuant to State Environmental Quality Review (SEQR), the reviewing board shall review the environmental assessment forms, determine the type of action (Type I, Unlisted), identify other involved agencies and establish a lead agency for purposes of SEQR. If the reviewing board is the lead agency, it shall evaluate the environmental assessment forms and make a determination of significance. If the reviewing board is not lead agency, then it shall assist the lead agency, to the extent practical, in making the determination of significance.
(c)
When the reviewing board, pursuant to this chapter or its Rules of Procedure, has accepted the proposed submission and SEQR materials as complete, it will instruct the Board Secretary to record the date of board acceptance as the official submission date of the proposal. The proposed submission materials shall not be accepted as complete until the lead agency has, pursuant to SEQR, either made a negative declaration or has received and accepted for scope and content a draft environmental impact statement (DEIS).
(d)
Upon acceptance, the reviewing board shall schedule a public hearing and/or formal review of the proposal and authorize transmittal of all referrals.
(5)
Public hearing and notice.
(a)
A public hearing, when required by New York State Town Law, shall be scheduled by the reviewing board following establishment of the official submission date of the proposal.
[1]
The Zoning Board of Appeals will hold a public hearing within a reasonable period after the official submission date; nonsubstantial modifications do not require a public hearing. When practical, the public hearing shall be held within 31 days of the official submission date.
[2]
The Planning Board is not required to hold a public hearing for site plan reviews; it must hold a public hearing for special permit proposals. If the Planning Board is required to or decides to hold a public hearing, it must be within 62 days of the official submission date.
(b)
A reviewing board may hold a public hearing on any matter before it, even when not required by New York State law or this chapter, if it finds that public comment would facilitate its review.
(c)
Not less than 10 days prior to a required or optional public hearing, the reviewing board shall publish a public notice in the official newspaper designated by the Town Board (and, optional, mail copies of the public notice to affected and adjacent property owners and/or require a sign to be posted on the site describing the proposal).
(d)
The reviewing board shall conduct the public hearing pursuant to this chapter or its Rules of Procedure and applicable provisions of law. If applicable and to the extent practical, the public hearing on the proposal may be held concurrently with any public hearings that may be held pursuant to SEQR. The public hearing shall be closed when the reviewing board is satisfied that it has received adequate public input and when comments from advisory or mandatory referrals have been received, unless the allotted review time for the referrals has expired.
(6)
Referrals. Referrals to other agencies shall be made by the reviewing board after the official submission date is established. To the extent practical, the reviewing board will ensure that referrals are completed within the time prior to a public hearing, if held.
(a)
Sections 239-1 and 239-m referral. The Board shall refer a copy of the proposal to the Oneida County Department of Planning when a proposal is under County Planning Board jurisdiction established by New York State General Municipal Law §§ 239-1 and 239-m.
(b)
Advisory referrals. Following the official submission date, the reviewing board may send special notification or copies of the proposal to other agencies which may have a separate approval of the proposed development or which may contribute to the Board's evaluation. Unless otherwise provided, all advisory referrals should be completed in 30 days and should be in written form. In the event an agency fails to respond in a timely manner, the reviewing board may proceed without such advisory comments.
(7)
Evaluation of the site plan and documents (typically meeting No. 2).
(a)
The reviewing board shall study the proposal in accordance with its applicable standards of review in a public meeting(s). The public hearing(s), if any, may be part of these meetings.
(b)
The Codes Enforcement Officer shall report to the Board on the compliance of the proposal to applicable requirements of the New York State Uniform Fire Prevention and Building Code and the Town Zoning Ordinance, Town Subdivision Regulations and any other Town codes.
(c)
The applicant and/or professional representatives shall be available for questions or comments during the meetings when the proposal is to be discussed.
(8)
Decision (typically Meeting No. 2 or No. 3).
(a)
The Zoning Board of Appeals shall render a decision to approve, approve with modifications or disapprove a proposal within 62 days after the public hearing as required by New York State Town Law.
(b)
The Planning Board shall render a decision to approve, approve with modification or disapprove a proposal within 62 days of the official submission date or after the public hearing, if held, as required by New York State Town Law.
(c)
Referrals and SEQR.
[1]
If County Planning Board referral is required, the reviewing board shall act consistent with the requirements of New York State General Municipal Law § 239-m.
[2]
If a draft environmental impact statement (DEIS) has been required, the Board shall not act until a final EIS and a findings statement has been prepared and adopted pursuant to SEQR. When possible, the Board may adopt the findings statement concurrent with its decision on the proposal.
(d)
The reviewing board decision shall be a written resolution adopted pursuant to this chapter or its Rules of Procedure, recorded in the Board minutes, the official file of the proposal, and in the offices of the Town Clerk.
[1]
The resolution shall summarize the reviewing board's evaluation and findings and specify any modifications or conditions to be imposed upon the proposal.
[2]
The reviewing board may require modifications to the project site plan and establish conditions for its approval upon findings that such modifications or conditions are necessary to improve compatibility within the neighborhood, enhance provision of public services, minimize adverse impacts upon the site or environmental resources, and address other concerns raised from the advisory referrals or from the public comments.
(9)
Building or occupancy permits.
(a)
Within one year of approval of a variance, special permit or site plan review, the applicant will apply for and obtain all necessary building, occupancy or other Town approvals necessary to use, enlarge, alter or change a property in conformance with the conditions or modifications, if any, specified in the Board resolution.
(b)
No Town permits or approvals shall be issued after one year, unless the reviewing board has granted an extension.
(10)
Extension of review schedule or project approval.
(a)
The schedule of board review may be extended upon mutual consent of the applicant and the reviewing board.
(b)
For variances, special permits and site plans, the reviewing board may grant the applicant not more than two one-year extensions to obtain a building permit or certificate of occupancy. If the applicant fails to obtain the necessary permits or approvals within the allotted time, the proposal must be reviewed and considered as a new application.
B.
Modification to approved uses or structures. This section establishes standards of review for changes to a site that has been previously granted site plan, variance or special permit approval. No board review is required for changes within the standards of Subsection B(1) below; however, the applicant will be responsible for building, occupancy or similar permits which may be necessary. Subsection B(2) establishes standards for other minor changes which must be approved, pursuant to Subsection C by the original reviewing board, or the Board with current review authority. Any change exceeding the standards of Subsection B(1) and (2) shall be considered a substantial modification and must be approved as a new proposal pursuant to Subsection A of this section.
(1)
Nonsubstantial modification: no board review. The following changes or modifications to an approved variance, special permit or site plan do not require board review when found by the Code Enforcement Officer to comply with the following:
(a)
Dangerous condition. Removal or repair of a dangerous condition determined by an enforcement agency that circumstances exist which, if not corrected, contribute a threat to life, health or safety of the general public or such other persons for whose protection such regulations were intended. Such determination may be verbal or in writing. The term "enforcement agency" shall refer to any public agency or official having jurisdiction to issue orders affecting the life, health and safety of persons within the Town.
(b)
Principal and accessory structures. Routine repair, replacement or maintenance of electrical or mechanical installations, or of damaged or worn parts or surfaces, including repainting, facade repair and roof replacements.
(c)
Ownership. Changes in ownership or management of an establishment, excluding a home occupation, which does not change the use of the property.
(d)
Lot dimensions. Any change or modification in title due to condemnation, if it does not substantially affect the approved site plan.
(e)
Parking. Replacement or repair of existing pavement or painting of driveway and parking areas without altering the approved traffic pattern.
(f)
Landscaping. Routine landscaping and plant replacement, establishment of new landscaped areas without altering the approved vehicular or pedestrian circulation and parking patterns; such changes should be consistent with any applicable controls in the approved plan concerning height, location, and visibility.
(g)
Screening devices. Repair or replacement, in kind, of existing screening devices.
(h)
Signs. Repair or replacement, in kind, of existing signs, including changes in text.
(2)
Minor modification; minor board review. At any time during the conduct of a minor review, the reviewing board may determine the proposed modification(s) to be substantial and require a major review of the proposal. Any change or modification exceeding the standards of Subsection B(1) shall be subject to a minor review if the proposal meets the following conditions:
(a)
Principal and accessory structures. Changes to interior floor plans which do not expand the area of the principal building or result in any increase in required parking or loading.
(b)
Uses. Change to a similar land use, change of the operation of the approved use, or change of the approval conditions which does not expand the area of the principal building, increase the required parking or loading space, or substantially increase the intensity of the use; this provision specifically excludes properties subject to use variances.
(c)
Lot dimensions. A subdivision of the site in conformance with the Town's subdivision regulations without altering the approved site plan of the use.
(d)
Parking. Altering the layout of approved parking and loading areas without reducing the number of required spaces or changing the number, location and design of any driveways.
(e)
Landscaping. Reduction in an approved landscaped area for altered parking, additional storage area or to alter drainage or snow storage capacity.
(f)
Screening devices. Changes in the size, composition or location of any required screening devices.
(g)
Signs. Change in the size, location or number of approved signs without increasing the approved total sign area.
(3)
Substantial modification; major board review. Any change or modification determined by the Code Enforcement Officer or the reviewing board to exceed or not be applicable to Subsection B(1) and (2) shall be subject to review as a new proposal pursuant to Subsection A of this section.
C.
Procedures and submissions for minor modifications.
(1)
The applicant shall submit to the reviewing board written and/or site plan materials adequately describing the nature of the proposed modification at least five days prior to a regular meeting. The reviewing board shall normally be the board that originally issued the project approval unless the review authority has been transferred to a different board.
(2)
The reviewing board shall evaluate the nature and extent of the proposed modifications in its regular meeting; a public hearing is not required.
(3)
Upon finding that the proposed modifications are minor, the reviewing board shall act to approve, approve with modifications or disapprove the request.
(4)
Copies of the approved modifications shall be filed in the original official file and transmitted to the applicant.
D.
Submissions. The following shall be submitted for all proposed variances, special permits and controlled site reviews:
(1)
Survey showing property boundaries, existing buildings, and location and dimensions of easements and rights-of-way.
(2)
Existing site conditions plan may be prepared on a photocopy of the survey or on a plan comparable to proposed site plan showing buildings with dimensions and purpose, driveways, pavement areas, major trees with a circumference greater than six inches, contour elevations at no less than one-foot and not more than five-foot intervals, signs and any other improvements.
(3)
Proposed site plan. An original plan for the property at a scale of not less than one inch equals 20 feet and not more than one inch equals 100 feet showing all proposed changes to existing conditions, including any new buildings or improvements and contour changes. The site plan shall also include details for water supply and wastewater disposal, surface drainage, solid waste disposal, utility connection, fire hydrant locations; the plan shall also indicate location of driveways, parking, loading areas and paved pedestrian areas.
(4)
Improvement plans. The following detailed plans shall be submitted if deemed necessary by the board to supplement the proposed site plan and will be submitted at a scale identical to the site plan unless otherwise specified by the board.
(a)
Architectural plans shall include floor plans and building elevations indicating building dimensions, interior use(s) and type of construction materials.
(b)
Engineering plans shall include construction details on drainage, sewer and water systems, lighting and any mechanical or utility improvements to serve the site.
(c)
Landscaping plans shall include details on type, composition and location of paving material; location, size and types of signage; location, number and type of plantings and fencing.
(5)
Written information shall describe the proposed use(s), anticipated traffic volumes and parking and loading needs, anticipated construction and occupancy schedule, construction phase management of the site, including erosion control, equipment storage, and security arrangements.
(6)
SEQR information shall be on forms provided by the Town; the board may, upon review, require a draft environmental impact statement (DEIS).
(7)
Permits or approvals from other agencies for the proposed development shall be identified with the anticipated schedule of application.
(8)
Supplemental information. Upon review of the submissions the board may require information to be provided in greater detail or to submit additional material.
(9)
Fees will be required according to the schedule established by the Town Board.[1]
[1]
Editor's Note: See Ch. 132, Art. II, Fee Schedule.