Village Of Athens City Zoning Code
ARTICLE VI
Administration
§ 250-32 Special use permit review.
A.
Purpose. The primary purpose of special use permit review is to ensure the use's compatibility with the surrounding neighborhood and to ensure the long-term benefit of the use to the Village. The intent of this section is to set forth additional considerations and requirements which shall apply to certain land uses and activities that, due to their special characteristics or the special characteristics of the area in which they are to be located, require particular consideration so that they may be properly planned and located with respect to the objectives of this chapter and their effect on the surrounding properties and community character.
B.
It is the policy of the Village of Athens to allow a variety of uses of land but only when such uses do not adversely affect neighboring properties or the natural environment of the Village. Many uses are therefore permitted only upon issuance of a special use permit by the Planning Board, in order to ensure that these uses are appropriate to their surroundings and consistent with the Village's Comprehensive Plan. Accessory uses or structures used in connection with a special use permit or site plan use shall be subject to the same approval requirements as the principal structure or use.
C.
Special use permit procedure. All special use permit review and approvals may occur at the request of the applicant concurrently with the site plan review. Applicants shall refer to § 250-34E, site plan approval required submissions, for application content. The Planning Board, at the request of the applicant, may waive such information as it deems not relevant to its review and only if it finds that such requirements are not requisite in the interest of the public health, safety or general welfare.
D.
Planning Board review. The Planning Board shall not issue a special use permit unless it makes a written 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 Planning Board may require reasonable conditions, restrictions and/or modifications to the project. Such reasonable conditions and restrictions shall be directly related to and incidental to the proposed special use permit. 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 or approval, the record of the Planning Board must address the standards outlined below and include the facts and reasons upon which such denial was based.
E.
Findings required. In granting or denying special use permits, the Planning Board shall take into consideration the scale of the proposed project and the possible impact of the proposed project on neighboring properties. Before granting a special use permit, the Planning Board shall determine:
(1)
That the use conforms with specific special use permit standards found in the use regulations article of this chapter.
(2)
That the use is consistent with the Village's current planning documents, including the Comprehensive Plan.
(3)
That the use is consistent with the purposes of the land use district in which it is located and with the applicable provisions of this chapter, including any other detailed special use permit criteria provided herein.
(4)
That the use will be suitable for the property on which it is proposed, considering the property's size, location, topography, vegetation, soils, natural habitat and hydrology and, if appropriate, its ability, if desirable, to be buffered or screened from neighboring properties and public roads.
(5)
That the use will be compatible with adjoining properties and with the natural and man-made environment.
(6)
That the use will not adversely affect surrounding land uses by creating excessive noise, dust, odors, glare, pollution or other nuisances.
(7)
That the use will not cause undue traffic congestion, unduly impair pedestrian safety or overload existing roads, considering their current width, surfacing and condition.
(8)
That the use will have appropriate parking and be accessible to fire, police and other emergency vehicles.
(9)
That the use will not overload any public water, drainage or sewer system or any other municipal facility or service, including schools.
(10)
That the use will not degrade any natural resource, ecosystem or historic resource.
(11)
That all relevant site planning criteria can be satisfied and a site plan approval can be granted under this chapter.
F.
Planning Board action. If the applicant elects a concurrent review of the special use permit and the site plan, these special use permit procedures will apply.
(1)
Public hearing. The Planning Board shall conduct a public hearing within 62 days of when the Planning Board deems the application complete.
(2)
Notice.
(a)
Applicant's notice. At least 20 days before such hearing, the Planning Board shall mail notice thereof to the applicant.
(b)
Notice to abutting landowners. The applicant shall, at least 10 days prior to the public hearing, by certified mail return receipt requested to the Planning Board, notify all owners of real property within 300 feet of the property subject to the proposed special use permit.
(c)
Public notice. The Planning Board shall cause notice of the public hearing to be printed in a newspaper of general circulation in the Village at least five days prior to the date thereof.
(d)
County and neighboring municipality notice. The Planning Board shall provide notices of the hearing to the County Planning Board and neighboring municipalities, as required by §§ 239-m and 239-nn of the General Municipal Law and the State Environmental Quality Review Act.
(e)
SEQRA notice. The Planning Board shall notice as required by the State Environmental Quality Review Act.
G.
Decision. After the conclusion of a public hearing for a special use permit, including site plan approval, compliance with §§ 239-m and 239-nn of the General Municipal Law and SEQRA, the Planning Board shall grant, deny or grant, subject to conditions, the special use permit.
(1)
Any decision shall contain written findings explaining the rationale for the decision in light of the standards contained herein. The grant of a special use permit shall be conditional upon the approval of a site plan pursuant to this chapter.
(2)
In granting a special use permit, the Planning Board may impose any conditions that it considers necessary to fulfill the purposes of this chapter. These conditions may include, but shall not be limited to, increasing dimensional or area requirements; requiring the permanent set aside of open space land; specifying location, character and number of vehicle access points; requiring landscaping, planting and screening; requiring clustering of structures and uses in order to preserve environmental resources and minimize the burden on public services and facilities; and requiring action by the applicant, including the posting of performance bonds and furnishing of guaranties, to insure the completion of the project in accordance with the conditions imposed.
H.
Filing. The decision of the Planning Board shall be filed in the office of the Village Clerk, and a copy thereof mailed to the applicant.
I.
Application for area variance. Notwithstanding any provision of law to the contrary, where a proposed special use permit contains one or more features which do not comply with the dimensional requirements of this chapter, application may be made to the Zoning Board of Appeals for an area variance pursuant to this chapter.
J.
Expiration, change of use, revocation and enforcement.
(1)
A special use permit shall expire if the special use permit use or uses cease for more than 24 consecutive months for any reason; if the applicant fails to obtain the necessary building permits or fails to comply with the conditions of the special use permit within 18 months of its issuance; or if its time limit expires without renewal.
(2)
A special use permit shall apply only to the use for which it has been granted.
(3)
A new special use permit shall be required for any change to a new use that requires a special use permit.
(4)
A special use permit may be revoked by the Planning Board if the permittee violates the conditions of the special use permit or engages in any construction or alteration not authorized by the special use permit.
(5)
Any violation of the conditions of a special use permit shall be deemed a violation of this chapter and shall be subject to enforcement action as provided herein.
K.
Special use permit amendments. The terms and conditions of any special use permit may be amended in the same manner as required for the issuance of a special use permit, following the criteria and procedures in this section. Any enlargement, alteration or construction of accessory structures not previously approved shall require only site plan approval, provided that the use does not change and that such alteration does not increase the total floor area or impermeable surface coverage by more than 10% over the area originally approved under the special use permit. A special use permit amendment shall be required in addition to site plan approval in other cases.
§ 250-33 Standards for special use permits in the Waterfront and Mixed Use Waterfront Districts.
The following additional standards applicable to special use permits within the Waterfront District and the Mixed Use Waterfront District. To ensure the appropriate development of land, the Planning Board may issue a special use permit only after it has found that all of the following standards and conditions have been satisfied in addition to standards already applicable.
A.
The special use shall not be incompatible with the type and direction of development for the site and surrounding area as proposed in the adopted and approved Local Waterfront Program.
B.
If a non-water-dependent use is proposed for development on a lot having shoreline frontage, the use shall be allowed only if compatible with a waterfront location; future demand for a water-dependent use is not reasonably foreseeable and appropriate measures are taken to mitigate, to the greatest extent possible, against an irreversible commitment of land to non-water-dependent use.
C.
A special use or combination of uses shall include water-dependent recreation as a mixed use whenever possible.
D.
The following standards shall apply to new marina and marina-related project proposals as well as projects for expansion of existing marinas:
(1)
In general, all new marina proposals or expansion of existing shall, as appropriate, include sufficient parking, park-like surroundings, toilet facilities and marine pump out facilities.
(2)
In evaluating proposals for new marina construction, the Village of Athens will favor those proposals which involve an efficient utilization of open water space by providing alternative ways of meeting the needs of boaters. Alternatives include dry-stack facilities with the minimum number of wet slips needed to provide efficient operation, rehabilitation and alteration of existing marinas, open water facilities, or any combination of these four approaches.
(3)
Marinas shall be located in areas where at least the minimum physical attributes required by marinas already exist and where minimal initial and subsequent attributes include natural depths at or exceeding minimum navigable depths, low rates of sediment transport and sufficient tidal action to promote flushing. Dredging shall be limited to the minimum dimensions necessary for the project and must receive the necessary approvals from the NYS Department of Environmental Conservation and the Army Corps of Engineers. Marinas shall not be permitted in areas that would require frequent maintenance dredging that would harm aquatic life or would prevent the relocation of benthic organisms. Such areas would include those which would require maintenance dredging more often than once every five years.
(4)
Applicants must demonstrate that there is an adequate water supply to serve all of the project's needs.
(5)
Sewage pump out facilities shall be provided at new marinas at a minimum rate of one pump-out station for every 100 boats accommodated or fraction thereof. For expansions of existing marinas, the number of pump-out stations, if any, shall be determined by the nature and size of the marina and the specific features of its site.
(6)
Adequate rest room facilities for property users will be required to discourage any overboard discharge of sewage from boats in order to protect water quality. The number of toilets required shall be determined by the nature and size of the marina and by its specific site locations.
(7)
The applicant must demonstrate adequate capacity to properly dispose of or treat all sanitary wastes generated by the project.
(8)
An ample number of signs must be provided to identify the location of public rest rooms and of pump-out facilities. Signs must also fully explain the procedures and rules governing the use of the pump-out facilities.
(9)
Trash receptacles shall be plentiful and convenient to encourage the proper disposal of trash and waste. A maximum spacing of 100 feet between receptacles shall be maintained on all piers and docks.
(10)
To the extent feasible, marina basins shall be designed for maximum flushing and circulation due to river currents and the action of wind while maintaining safe levels of wave action within the protected basin. Minimum design criteria to promote flushing include:
(a)
Basin and channel depths shall not be deeper than the prevailing depths in the water body to which they connect.
(b)
Basin and channel depths shall gradually increase toward open water or basin entrances.
(c)
Openings shall be provided at the opposite ends of enclosed basins to establish flow-through circulation. Only one opening must be navigable. The other opening or openings shall be as large as practicable to promote circulation. Culverts or other enclosed conduits may be used in place of open channels.
(d)
The configuration chosen shall minimize or prevent the formation of stagnant water zones that tend to collect debris or cause shoaling or flushing problems.
(11)
Dedicated parking spaces shall be provided at a minimum rate of 0.5 spaces/slip, plus whatever additional spaces are required for employees and required by this chapter for separate retail activities on premises.
(12)
Rainfall runoff becomes polluted with oils, greases, organic and inorganic wastes, and other potentially harmful substances. It is the intent of the Village of Athens to limit, to the extent feasible, the introduction of these contaminants into the waters surrounding the Village. Therefore, new parking areas shall utilize porous pavements or other approved measures to reduce rainfall runoff. New marina projects must incorporate best management practices in their design, including, but not limited to, the following:
(a)
Maximize pervious land surface and vegetative cover to minimize stormwater runoff and to prevent polluted waters from reaching adjacent waters and wetlands. Direct runoff away from adjacent waters and wetlands to the extent feasible by site grading or other methods.
(b)
Runoff from parking lots, maintenance, fueling, and wash-down areas must be treated in a manner that prevents oils, grease, and detergents from reaching adjacent waters and wetlands. Accepted treatment methods include oil and grease filtering catch basins, retention areas and exfiltration systems.
(13)
The underwater portions of piers and docks, including piles, shall not be constructed using creosote treated lumber.
(14)
All marinas must have and be able to institute spill prevention emergency response plans. Automatic cutoffs for fuel/oil and sewage hoses and lines in the event of an accident are mandatory.
§ 250-34 Site plan approval.
A.
Uses requiring site plan approval.
(1)
No building permit shall be issued for any use prior to review and approval of a site plan by the Planning Board in accordance with the provisions of this section, with the exception of single- or two-family dwellings or their accessory structures.
(2)
Site plan review at the discretion of the Planning Board will also be required with any change of use.
(3)
In all cases where any amendments of such plan are proposed, the applicant must also secure the approval of the amendment by the Planning Board.
B.
Objectives of the site plan review. In reviewing site plans, consideration shall be given to the public health, safety and welfare, the comfort and convenience of the public in general or the residents or users of the proposed development and of the immediate neighborhood in particular; protection and enhancement of the public access, scenic, historic and natural resources of the Village; and the accomplishment of the following objectives:
(1)
That the design of all structures is compatible with that of surrounding structures. Compatibility shall be determined by a review of proposed use of materials, scale, mass, height, color, texture and location of the structure or structures on the site pursuant to § 250-24.
(2)
That the proposed use is compatible with, protects and avoids disturbance of sites recognized as being of national, state or local historical, architectural or archaeological importance on or adjacent to the site pursuant to § 250-17.
(3)
That all traffic accessways are adequate but not excessive in number; adequate in width, grade, alignment and visibility, not located too near street corners or other places of public assembly; and other similar safety considerations, and that access management is achieved through coordinated and shared access points, and interconnection of parking lots.
(4)
That new roads be connected in a grid or modified grid pattern extending from existing road networks where feasible.
(5)
That the proposed use addresses traffic flow and congestion to the maximum extent practical.
(6)
That the proposed use includes pedestrian and bicycle facilities wherever appropriate, including sidewalks and trails.
(7)
That for uses within the coastal area, the applicable coastal policies established in the Town and Village of Athens Local Waterfront Revitalization Program are adhered to and the requirements of the Local Consistency Law are complied with.
(8)
That off-street parking and loading spaces are designed to prevent obstruction in public streets and that the interior circulation system is adequate to provide safe accessibility to all required off-street parking lots, loading bays and building services, and that shared and interconnected parking lots are used wherever appropriate.
(9)
That all parking, utility, and service areas are reasonably screened at all seasons of the year from the view of adjacent residential lots and streets and that the general landscaping of the site is such as to enhance the character of the Village and is in character with that generally prevailing in the neighborhood.
(11)
That the use of any public address or sound system shall take into consideration neighborhood characteristics and could be subject to use limitations.
(12)
That the drainage system and the internal water and sewer systems are adequate and that all connections to Village systems are in accordance with Village standards and approved by the Village Engineer.
(13)
That site plan and building design accommodate the needs of the disabled and are in conformance with state standards for construction concerning the disabled.
(14)
That the site plan and building design maximize the conservation of energy to the extent feasible.
(15)
That the natural ground contours are followed as closely as possible.
(16)
That areas of steep slopes, where high cuts and fills may be required, are avoided and shall comply with § 250-20.
(17)
That natural drainage systems are preserved to the extent possible and extreme care is exercised in areas adjacent to natural watercourses and in locating artificial drainageways so that their final gradient and resultant discharge velocity will not create additional erosion problems.
(18)
That natural protective vegetation remains undisturbed to the maximum extent practical, that there are adequate green spaces and plantings on the site, and that a landscaped buffer is provided between adjacent residential, commercial and industrial developments.
(19)
That adequate measures are provided to prevent disruption and degradation of fish and wildlife habitats, freshwater wetlands and coastal waters by on-site activities during and after construction.
(20)
That site design and layout maximize compatibility with and protection of adjacent fish and wildlife habitats, freshwater wetlands and coastal waters and the retention of scenic qualities.
(21)
That compliance with Chapter 158, Flood Damage Prevention, is provided to minimize flooding and erosion hazards through nonstructural means, long-term structural measures and appropriate site of structures.
(22)
That the amount of time that disturbed ground surfaces are exposed to the energy of rainfall and runoff water is limited.
(23)
That the velocity of the runoff water on all areas subject to erosion is reduced below that necessary to erode the materials.
(24)
That ground cover is applied sufficient to restrain erosion on that portion of the disturbed area undergoing no further active disturbance.
(25)
That runoff from a site is collected and detained in sediment basins to trap pollutants which would otherwise be transported from the site.
(26)
That the angle for graded slopes and fills is limited to an angle no greater than that which can be retained by vegetative cover or other erosion control devices or structures.
(27)
That the length as well as the angle of graded slopes shall be minimized to reduce the erosive velocity of runoff water.
(28)
That trees having a diameter of four inches or more at 36 inches above ground level are retained where possible, except if they are diseased.
(29)
That within the waterfront, proposed structures will be sited inland as much as possible, increasing open space in the waterfront, enhancing the visual character and creating or maintaining views of the Hudson River, minimizing exposure to flooding and reducing runoff and nonpoint source water pollution.
C.
Procedure.
(1)
Presubmission conference. Prior to the submission of a formal site plan, the applicant shall meet in person with the Planning Board and/or their designated representative to discuss the proposed site plan in order to determine which of the subsequent requirements may be necessary in developing and submitting the required site plan. At the time of the presubmission conference, a sketch plan consisting of a statement describing the project and a rough sketch showing the general locations and dimensions of principal and accessory structures, parking areas, signs, and other planned features and anticipated changes to the site shall be submitted to the Planning Board.
(2)
The Planning Board reserves the right to hire professional consultants, at the applicant's expense, to review any information filed by the applicant, including that filed under the SEQRA process. The Planning Board shall determine if an escrow account shall be established pursuant to § 250-35 to cover these review costs at the presubmission conference. All costs related to the site inspection, if any, and review of a site plan, including any studies, reports, analysis or other information, shall be borne by the applicant. An escrow account, funded by the applicant, shall be established to cover all associated costs. The applicant shall supply the Planning Board information as may be required to calculate the dollar amount required for the escrow account.
(3)
Within six months following the presubmission conference, the site plan and any related information shall be submitted to the Code Enforcement Officer in as many copies, not to exceed 10, as may be agreed during the presubmission conference. The site plan shall be accompanied by a fee in accordance with the schedule of fees of the Village of Athens. If not submitted within this six-month period, another presubmission conference may be required. If the Planning Board has determined that an escrow account is necessary related to the review of the proposal, no further review shall take place by the Board until such time as the escrow account is fully funded by the applicant.
(4)
The Code Enforcement Officer shall certify on each original or amended site plan whether the plan meets the requirements of all the provisions of this chapter other than those of this section regarding site plan review. He shall act to certify the application or return it to the applicant for completion or revision within 30 calendar days of submission by the applicant. An application shall include any materials required pursuant to SEQRA Part 617.[1]
[1]
Editor's Note: See 6 NYCRR 617.
(5)
Following such certification, the application shall be forwarded to the Planning Board at least 10 days prior to its next regular meeting which shall be considered the official submission date. No application shall be considered complete until a negative declaration under SEQRA Part 617 has been issued or until a draft environmental impact statement has been accepted by the Planning Board as satisfactory with respect to scope, content, and adequacy.
(6)
Simultaneously with its submission to the Planning Board, the certified application shall be forwarded to the Fire Chief, Highway Superintendent and the Village Board, where required, to the Village of Athens Waterfront Advisory Committee, the County Planning Board, County Highway Department and any other agency that the Code Enforcement Officer deems appropriate.
(7)
Whenever the particular circumstances of a proposed development require compliance with either special use permit procedures as found in this chapter or requirements of Chapter 205, Subdivision of Land, Chapter 233, Waterfront Consistency Review, or local SEQR regulations, then the Village Planning Board, Zoning Board of Appeals and Waterfront Advisory Committee shall attempt to integrate, where possible, site plan review as required by this section with procedural and submission requirements for such other compliance.
(8)
The Planning Board shall hold a public hearing on the site plan if it determines that the matter is of wide public interest. Such hearing shall be held within 62 days from the day the Planning Board determines that a complete application has been received. All landowners of adjacent lots shall be notified, in writing, of the hearing, at the expense of the applicant. Public notice thereof must be given by publication in the official newspaper of such hearing at least five days prior to the date thereof.
(9)
The Planning Board shall act to approve, disapprove or approve with conditions any such plan within 62 days after the public hearing or, if no hearing is held, within 62 days from the day an application for site plan approval is deemed complete by the Planning Board. Conditional approval by the Planning Board shall include written findings upon any site plan element found contrary to the provision or intent of this chapter. In reviewing the application, the Planning Board shall consider whether a proposed plan will conform to the intent and requirements of this chapter and/or what revisions are appropriate. All conditions must be satisfied prior to issuance of a building permit. A written statement of approval, approval with conditions, or disapproval shall be issued, within five business days.
(10)
Amendments to a previously approved site plan shall be acted upon in the same manner as the original site plan.
D.
Time limit on validity of approval. Approval of a site plan by the Planning Board shall be valid for a period of 180 days from the date thereof for the purpose of obtaining a building permit. Failure to secure a building permit during this period shall cause the site plan approval to become null and void. Upon application, the Planning Board may extend the approval for up to one year from the date of original approval.
E.
Required submissions. The data set forth below shall be submitted in support of a site plan approval. The Planning Board, at the request of the applicant, may waive such information as it deems not relevant to its review and only if it finds that such requirements are not requisite in the interest of the public health, safety or general welfare.
(1)
Legal data:
(a)
The names of all owners of record of the property in question and of all adjacent property and the lot, block and section number of such properties as shown on the Official Town Tax Assessment Maps.
(b)
Existing zoning and special district boundaries.
(c)
Boundaries of the property, building or setback lines, if different from those required in this chapter, and lines of existing streets and lots as shown on the Official Assessment Maps. Reservations, easements and areas dedicated to public use shall also be shown.
(2)
Existing buildings: a drawing showing the location and size of existing buildings on the site and or adjacent property if within 200 feet of the property line.
(3)
Development data:
(a)
Title of development, date, North point, scale and the name and address of the record owner, engineer, architect, land planner or surveyor preparing the plan.
(b)
The proposed use or uses of land and buildings and proposed location of buildings.
(c)
All means of vehicular ingress and egress to and from the site onto public streets.
(d)
The location, type of construction, and design of any off-street parking areas and truck loading areas.
(e)
The location of all proposed waterlines, valves and hydrants and of all sewer lines or alternative means of water supply and sewage disposal and treatment.
(f)
The location of all vegetation existing on site.
(g)
The proposed location, design, direction, power and hours of operation of proposed outdoor lighting as per § 250-21.
(h)
The proposed screening and landscaping plan.
(i)
Proposed stormwater drainage system, grading plans showing existing and proposed contours and watercourses, and soil erosion and sediment control plan if required by DEC.
(j)
Location, design, type of construction, and exterior dimensions of all proposed buildings and structures. The Planning Board may require elevation and facade treatment plans for all proposed structures.
(k)
Provision for pedestrian access, including public and private sidewalks, if applicable.
(l)
Location of outdoor storage and solid waste disposal.
(m)
Location of fire lanes and other emergency zones, including the location of fire hydrants, if required.
(n)
Location, size, design and type of construction of all proposed signs.
(o)
Any pertinent natural features that may affect the proposed use such as shoreline, watercourses, wetlands, wooded areas, areas subject to flooding, steep slopes greater than 15%, etc.
(4)
Additional data which may be required. Where, due to special conditions peculiar to a site or the size, nature or complexity of the proposed use or development of land or buildings, the Planning Board finds that all or portions of the additional data listed below are necessary for proper review of the application, it may require any or all of the data to be included in the required submission:
(a)
A survey of the property by a licensed surveyor showing all appropriate dimensions, angles, bearings and other relevant data.
(b)
Location of existing water mains, culverts and drains on the property, with pipe sizes, grades and direction of flow.
(c)
Existing contours with intervals of five feet or less, referred to a datum satisfactory to the Board, and all proposed grades.
(d)
All proposed lots, easements and public and community areas; all proposed streets with profiles indicating grading and cross sections showing the width of the roadway, the location and width of the sidewalk and the location and size of utility lines.
(e)
Traffic report, including, but not limited to, existing average daily traffic and peak hour levels existing and resulting from the project, an analysis of existing and resulting intersection levels of service, proposed methods to mitigate the estimated traffic impact, and identification of pedestrian crossing issues.
(f)
Visual impact assessment prepared by a registered landscape architect or other qualified professional to include, but not be limited to, visual illustration and evaluation of the relationship of proposed new structures or alterations to nearby natural landscapes and to preexisting structures in terms of visual character and scale, materials, color, odor, door, roof and cornice lines, and other major design elements. This assessment shall also include an analysis of the visual impacts on neighboring properties from the proposed development and alterations, and of the location and configuration of proposed structures, parking areas, open space, and gradient changes.
§ 250-35 Escrow establishment for reimbursable costs.
The applicant shall be required to establish an escrow account to reimburse the Village of Athens for the legitimate costs of review associated with the application. The funds may be utilized for the paying of engineering, legal and other professionals qualified to review the required plans, reports and other technical information submitted in support of an application. The initial amount of the establishment of the escrow account shall be determined on a case-by-case basis and typically as 1% of the estimated overall cost of the project, but in no case shall be less than $3,000 or a larger amount estimated by the Planning Board or ZBA to be reasonable and necessary to cover the cost of the review to be incurred by the Village. All necessary reviewing professionals assisting the Village in such reviews shall provide an estimate of the approximate cost of review services. The Village shall submit an itemized bill to the application at least five days prior to any deduction of such amount billed form the escrow account. The Board(s) may periodically and at its discretion require the replenishment of the escrow account established hereunder. Upon completion of the application and review process, any balance remaining in the escrow account shall be refunded to the applicant within 30 days of the submission and payment of the final bill by the Village and payment in full of all application and approval fees. In the event there is a shortfall in the escrow account, no final approval or permit may be issued until the applicant shall pay to the Village the balance of the outstanding amount. In the event there shall be a disagreement over the appropriateness of the amounts claimed against the escrow by the Village's consultants, the parties shall submit the matter to binding arbitration.
§ 250-36 Zoning Board of Appeals.
A.
A Zoning Board of Appeals (ZBA) is hereby created in accordance with § 7-712 of the Village Law of New York State. Said Board shall consist of five members. The officers of the Board shall consist of a Chairperson, Acting Chairperson and a Secretary. The Mayor shall appoint the Chairperson upon approval by the Board of Trustees. The ZBA shall prescribe rules for the conduct of its affairs.[1]
B.
Powers and duties. The ZBA shall have all the power and duties prescribed by law and by this chapter which are more particularly specified as follows:
(1)
Interpretation. Upon appeal from a decision by an administrative official, to decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary if there is uncertainty with respect thereto.
(2)
Variances. To vary or adapt the strict application of any of the requirements of this chapter in the case of exceptionally irregular, narrow, shallow or steep lots, or other exceptional physical conditions, whereby such strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved, but in no other case.
(3)
Use variances.
(b)
No such use variance shall be granted by a ZBA without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship the applicant shall demonstrate to the Board of Appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located:
[1]
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;
[2]
That the alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood;
[3]
That the requested use variance, if granted, will not alter the essential character of the neighborhood; and
[4]
That the alleged hardship has not been self-created.
(c)
The ZBA, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proven by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
(4)
Area variances.
(b)
In making its determination, the ZBA shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the Board shall also consider:
[1]
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance;
[2]
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
[3]
Whether the requested area variance is substantial;
[4]
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
[5]
Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the area variance.
(c)
The ZBA, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
C.
Imposition of conditions. The ZBA shall, in the granting of both use variances and area variances, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of the zoning local law, and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.[4]
D.
Application to the ZBA. Appeals from decisions made by the Code Enforcement Officer shall be filed in writing with the Village Clerk within 30 days of the date of the action specifying the ground thereof.
E.
All applications for variances shall be filed in writing with the Village Clerk. All applications shall be made in a form required by the Board and shall be accompanied by payment of a filing fee in accordance with the Village schedule of fees and a plot plan drawn to scale and accurate dimensions, showing the location of all existing and proposed buildings and structures on the lot.
F.
The ZBA shall hold a public hearing on all appeals or applications within 62 days of the filing of a complete and proper appeal or application. The ZBA shall fix a reasonable time for the hearing and give public notice of such hearing by publication in a paper of general circulation in the Village at least five days prior to the date thereof. The applicant shall, at least 10 days prior to the public hearing, by certified mail return receipt requested to the ZBA, notify all owners of real property within 300 feet of the property subject to the proposed variance.
G.
The ZBA shall render its final decision within 62 days after the conduct of said public hearing. The time within which the ZBA must render its decision may be extended by mutual consent of the applicant and the Board. Decisions of the ZBA shall be in writing and shall specify the particular conditions for such approval, or the grounds for denial. The decision of the ZBA shall be filed in the office of the Village Clerk within five business days after the day such decision is rendered, and a copy thereof mailed to the applicant.
§ 250-37 Enforcement.
This chapter shall be enforced by the Code Enforcement Officer. No building permit or certificate of occupancy shall be issued by the Code Enforcement Officer pursuant to Chapter 116, Building Construction, Article I, Administration and Enforcement of Uniform Code, except where all the provisions of this chapter have been complied with.
§ 250-38 Preemption. [1]
To the extent that any existing or subsequently enacted local law, policy, resolution or other action is inconsistent with the contents of this chapter, then the language, requirements, procedure, or other contents herein shall control, unless otherwise specifically stated therein.
§ 250-39 Referral to County Planning Board.
Before final action is taken on special permits, variances or amendments of this chapter, such matter will be referred to the County Planning Board in accordance with the procedures required in Article 12-B, §§ 239-1 and 239-m, of the General Municipal Law.
§ 250-40 Penalties for offenses.
A.
Violations of this chapter shall be subject to Chapter 116, Building Construction, Article I, Administration and Enforcement of Uniform Code. Upon determination by the Code Enforcement Officer that a violation exists, written notice shall be sent to the last known owner of the property. Such notice shall state the specific provision in violation and that, unless action is taken by said owner to remove such violation within 20 days, a proceeding to compel compliance with this chapter will be instituted.
B.
A violation of this chapter is an offense punishable by a fine not exceeding $250.
C.
Violations of this chapter shall be considered a violation and subject to penalties.
D.
Each day the violation continues shall be deemed to be a separate and distinct violation.