The intent of this Article VI is to set forth supplemental regulations, procedures and conditions which shall apply to certain land use activities in the Village of Chittenango which are incongruous or sufficiently different in terms of their nature, location and potential effect on the surrounding environment and the quality of the community and that warrant special evaluation of each individual case.
No zoning permit shall be issued by the Zoning Enforcement Officer for any land use or activity listed in Schedule I as having special conditions applicable (SC) or requiring a special permit (SP) until the Enforcement Officer is satisfied that applicable regulations set forth in this Article VI have been complied with or that a modification of such regulations has been duly made.
The Zoning Enforcement Officer shall issue a zoning permit for the following uses only when satisfied that applicable special conditions, as set forth in this section have been complied with, in addition to all other applicable requirements of this chapter.
A. 
A dwelling, one-unit or two-unit, in the GB and SB Districts shall be permitted when:
(1) 
Such use existed as the principal structure on the lot at the time of adoption of this chapter or is located behind or on the upper levels of a building that is used primarily for nonresidential purposes.
(2) 
Off-street parking for the residence can be met in addition to the requirements of the nonresidential use of the lot.
B. 
A conversion of an existing dwelling into three or more dwelling units in the HR, GB and SB Districts shall be permitted when:
(1) 
A site plan is approved in accordance with § 148-28.
(2) 
Required off-street parking can be provided.
(3) 
The side yards of the existing dwelling, if not in compliance with Schedule II, are at least 60% of the requirements for the district as set forth in Schedule II.
(4) 
In HR Districts, no parking space shall be located less than four feet from any side or rear property line.
(5) 
A buffer strip shall be provided between any parking area containing five or more spaces and an adjacent property in an LR and MR District.
(6) 
To preserve the aesthetic quality of the street, no required means of egress from upper stories shall be permitted on the street facade of the building unless the Zoning Enforcement Officer determines that there is no feasible alternative.
(7) 
The location and design of outdoor trash receptacles shall be approved as part of the site plan approval.
C. 
A dwelling, mobile home, in the SB District shall be permitted when such mobile home is located in a mobile home park.
[See § 148-37G(5).]
D. 
A residential storage structure in the LR, MR, HR, GB and SB Districts shall be permitted when:
(1) 
Such structure complies with minimum front and side yard requirements and is no less than three feet from any rear yard line.
(2) 
Such structure is no higher than 2.5 times the distance between the structure and the yard line or 10 feet, whichever is less.
(3) 
Such structure has a maximum floor area which does not exceed 150 square feet.
E. 
A boardinghouse, rooming house or tourist home in the HR, GB and SB Districts shall be permitted when:
(1) 
In an HR District, such use is occupied by the owner of the dwelling and contains no more than five rooms let for profit.
(2) 
Off-street parking requirements can be met.
(3) 
Signs advertising such use do not exceed one in number and six square feet in area and, if lighted, are not flashing.
F. 
A church and place of public worship in the LR, MR, HR, GB and LI Districts shall be permitted when:
(1) 
A site plan is approved in accordance with § 148-28.
(2) 
Such place of worship is currently used by an organization legally established and registered in the State of New York.
(3) 
Parking areas are provided with landscaping that is adequate to create a visual buffer to adjacent residential lots.
(4) 
Landscaping shall be provided adjacent to all public streets.
G. 
A home occupation in the GB and SB Districts [see also § 148-37G(12) for LR, MR and HR Districts] shall be permitted when such use:
(1) 
Is located within a dwelling unit or in a building accessory to a dwelling unit and on the same lot, which accessory building shall have no more than 600 square feet of ground floor area devoted to such activity.
(2) 
Is operated only by persons living in the dwelling unit and no more than one additional person.
(3) 
Requires no exterior construction or alteration of the principal building.
(4) 
Produces no demand for parking that is not compatible with a residence and does not display outside the building any evidence of the home occupation.
(5) 
Produces no noise, odor, traffic, smoke, dust, vibration, glare or electrical disturbance outside the building it occupies.
H. 
A home and garden center in the GB and SB Districts shall be permitted when:
(1) 
Access drives to parking areas are not wider than 30 feet and clearly defined by curbs.
(2) 
Landscaping shall be provided adjacent to all public streets.
(3) 
General site and architectural design features are reviewed for compliance with § 148-31.1.
[Added 10-26-2010 by L.L. No. 7-2010]
I. 
A bank, financial institution and loan office, including a drive-in, in the GB and SB Districts shall be permitted when:
(1) 
For drive-in facilities only, a site plan has been approved in accordance with §§ 148-28 and 148-31.1.
[Amended 10-26-2010 by L.L. No. 7-2010]
(2) 
For drive-in facilities only, adequate space is provided so that there will be no stacking of waiting vehicles on any public street.
J. 
A barber, beauty shop and similar use in the HR District shall be permitted when:
(1) 
Such commercial service use is included as part of a large-scale residential development and is intended to serve a specific neighborhood.
(2) 
Signs advertising such services are no more than one in number and no more than six square feet in area and are not illuminated.
K. 
The open, off-season storage of a recreation vehicle, snowmobile, boat, trailer and similar vehicle in all districts shall be permitted when:
(1) 
Such vehicle is not stored in any required front yard or side yard area as specified in Schedule II of this chapter for the district in which the said vehicle is located.
(2) 
There are no more than a total of two such vehicles stored on any lot.
L. 
A newspaper vending machine in HR, GB, SB and LI Districts shall be permitted when:
(1) 
Such machine is not attached or secured in any way to any pipe, pole, tree or standard owned by the Village of Chittenango or the State of New York.
(2) 
The location of such machine is no less than 25 feet from the intersection of two curblines or edge-of-pavement lines.
(3) 
The location of such machine does not reduce the unobstructed width of any sidewalk to less than 48 inches.
(NOTE: This subsection applies only to vending machines located on public land.)
M. 
A satellite dish in all districts shall be permitted when:
(1) 
Such receiver is not located in any front yard or side yard area, unless no other location is technically or physically feasible.
(2) 
Landscaping is provided to partially screen such receiver from public view.
(3) 
No receiver is mounted on the roof of any building or vehicle, unless such installation has received site plan approval from the Planning Board.
N. 
A sign in all districts shall be permitted when applicable provisions of § 148-42 of this chapter and any other provisions related to signs in the Village of Chittenango have been complied with.
O. 
An alternative domestic energy supply installation in all districts shall be permitted when:
(1) 
No solar energy device which is not an integral part of the structure is located in any front yard area.
(2) 
Landscaping is provided around any ground-mounted solar device to partially screen it from public view.
A. 
Review and evaluation. Any land use or activity listed in Schedule I of this chapter as requiring a special permit (SP) must comply with the requirements and applicable special requirements as set forth in this section. Such land use or activity is not permitted by right and may be allowed only after a special permit application has been duly submitted and authorized in accordance with §§ 148-37B and 148-31.1 of this chapter, if applicable.
[Amended 10-26-2010 by L.L. No. 7-2010]
B. 
Jurisdiction. An application for a special permit shall be reviewed and may be authorized as follows:
(1) 
By the Planning Board when a site plan approval is required, as specified in this section.
(2) 
By the Zoning Board of Appeals for special permit uses which do not require site plan approval by the Planning Board.
C. 
Expansion of existing uses. An expansion or enlargement of an existing land use or activity which requires a special permit shall also be subject to the issuance of a special permit. Plans for such expansion or enlargement shall be reviewed and authorized in accordance with the applicable provisions of this section.
D. 
Transferability. A special permit which has been authorized for a specific land use or activity is transferable to a subsequent landowner of said parcel, so long as the conditions cited in the issuance of the permit are maintained and so long as such use or activity permitted by special permit has not been voluntarily abandoned.
[Amended 2-27-2007 by L.L. No. 2-2007]
E. 
Procedure.
(1) 
Application. An application for a special permit shall be made to the Zoning Enforcement Officer, who shall submit such application to the agency of jurisdiction as specified in Subsection B above and shall issue no permit until authorized, in writing, to do so. The applicant for a special permit may be required to furnish such preliminary plans, drawings and other descriptive material needed for a complete understanding of the proposed development or use. The reviewing Board may require additional information to assist in the review process.
(2) 
Public hearing. A special permit application may not be authorized until a public hearing on such application has been held following the procedures set forth in § 148-55B of this chapter. Authorization for any special permit may be conditional upon the provision of adequate safeguards to protect the health, safety and general welfare of the public and to mitigate possible detrimental effects on adjacent property.
(3) 
Decision. Within 60 days from the public hearing on any application for a special permit, a decision to approve, with or without modification, or to disapprove the application shall be made by the reviewing Board. Failure of the Planning Board to act within such sixty-day period shall be tantamount to approval of the special permit request and shall be authorization for the Enforcement Officer to issue a permit. The period for making a decision may be extended by mutual consent of the applicant and the Board.
(4) 
Referral to County Planning Board. Before taking final action on certain special permit applications, such applications shall be referred to the Madison County Planning Board in accordance with §§ 239-l and 239-m of the General Municipal Law. (See § 148-55D.)
(5) 
Environmental assessment. If, in the judgment of the reviewing Board, the approval of a special permit application could result in a significant environmental impact, no such permit shall be approved until an environmental assessment and declaration have been made. Such assessment and declaration shall be guided by the provisions of Part 617 of the regulations of the New York State Department of Environmental Conservation and any local law enacted pursuant thereto.
(6) 
Filing. The decision of the reviewing Board shall immediately be filed in the office of the Village Clerk and a copy thereof submitted to the applicant and the Zoning Enforcement Officer.
(7) 
Term. The applicable administrative body designated in Subsection B above, is hereby authorized to issue a special permit, with such conditions as it shall deem appropriate, either for a specified term or an indefinite term.
(a) 
If the special permit is issued for a specified term, such term shall be determined based upon a thorough review of the immediate and long-term impact of the anticipated use on the character of the neighborhood, the construction or modification to structures that will be required, the expense attendant to conforming the premises to the anticipated special use, the extent to which the appropriate body is aware of the business practices of the applicant, the number of persons to be employed in the special use, the impact of the special use upon such items of public concern, such as traffic, sewer usage, policing, usage of other municipal services, potential expansion or contraction of the special use, due to market conditions, and any other factors deemed relevant and material in assuring that the special use shall commence and remain consistent with the Comprehensive Plan of the Village of Chittenango.
(b) 
If a time limit is specified for the special permit, the applicant shall be entitled to a make reapplication for extension of said permit before the appropriate administrative body.
(c) 
Such reapplication shall not be made any later than 90 days prior to the expiration of the temporary permit. Such reapplication shall include a statement addressing expansion or contraction of the special use, identify any items which may require environmental assessment or an environmental impact statement, which were not previously addressed by the administrative body, list any code or statutory violations for which the applicant has been cited pertaining to such special use, identify any change in ownership or management of the use and demonstrate that the continued use under the special permit remains in compliance with the Comprehensive Plan of the Village.
(d) 
Upon such reapplication, the appropriate body shall undertake the same review and determination procedure as that applicable to a new application for special permit, and shall determine whether, and for what duration, the special permit may be reissued; and the appropriate administrative body shall determine the conditions that shall apply to the reissuance of said special permit.
(e) 
Compliance with the conditions of the special permit, specified by the administrative body, must be completed within 18 months following the issuance of a special permit. Failure to fulfill the conditions of the special permit within the required time limit will subject the applicant to cancellation of the special permit, unless application is made to the Zoning Enforcement Officer, within such 18 months, for a six-month extension, within which the applicant shall complete compliance with such conditions and commence the use for which the special permit was issued. Such extension will be granted, at the discretion of the zoning enforcement officer, only upon good cause shown. Failure of the applicant to complete all conditions specified by the appropriate administrative body for the issuance of a special permit, within 24 months of the issuance of the permit, shall result in the cancellation of the special permit. In that event, the applicant will be required to make a new application to the appropriate administrative body for a de-novo determination of the application.
(8) 
Modification. In reviewing any application for a special permit, the reviewing Board may modify or waive the specific requirements set forth in § 148-37G of this chapter if this is deemed appropriate and in the best interest of the Village and if the spirit and intent of this chapter can be maintained. Any decision to waive or modify special requirements shall be justified for the record, in writing, by the reviewing Board.
(9) 
Conditions. In approving a special permit application, the reviewing Board may impose conditions on the approval if such conditions are reasonable and in the best interest of the Village.
F. 
General requirements. Before a special permit is approved, the reviewing Board shall determine that the following general requirements will be complied with as well as any other applicable requirements for certain special land uses and activities as may be set forth in Subsection G of this section:
(1) 
That the land use or activity is so designed, located and proposed to be operated that the public health, safety, welfare and convenience will be protected.
(2) 
That the existence of the proposed land use or activity will not cause substantial injury to the value of other property in the neighborhood where it is to be located.
(3) 
That the proposed land use or activity will be compatible with adjoining development and the implied character of the zone district where it is to be located.
(4) 
That adequate landscaping and screening is provided.
(5) 
That adequate off-street parking and loading are provided and ingress and egress are so designed as to cause minimal interference with traffic on abutting streets.
(6) 
That the proposed development minimizes erosion and will not cause increased surface water runoff on abutting properties.
(7) 
That existing public roads and utilities serving the proposed development are determined to be adequate or that provisions for needed upgrading are satisfactory.
(8) 
That the proposed use or activity conforms to all applicable local, county and state rules and regulations, except as may be otherwise set forth in Subsection G of this section.
(9) 
That the proposed use or activity is in compliance with the Village of Chittenango Site and Architectural Design Standards for Commercial Design Overlay Districts if located within the design overlay districts.
[Added 10-26-2010 by L.L. No. 7-2010]
G. 
Specific requirements. In addition to the general requirements for a special permit as set forth above, the specific requirements for certain land uses and activities, as set forth in this subsection shall be complied with unless such requirements have been modified by the reviewing Board.
[See Subsection E(8).]
(1) 
Requirements for dwelling, multiple-unit, in GB District.
(a) 
Such dwelling units shall be located above or behind a nonresidential establishment, which shall be the principal ground level use of the parcel.
(b) 
Notwithstanding Subsection G(1)(a) above, any structure in a GB District which was originally built as a dwelling may be used, in part or in its entirety, for residential purposes.
(2) 
Requirements for dwelling, townhouse or row house, in MR District.
(a) 
Planning Board approval of a site plan is required.
(b) 
No more than six such attached dwellings shall be included in any single building.
(c) 
All parking areas shall be landscaped to help screen them from public view.
(d) 
Curb cuts on any public street shall be minimized with, generally, no more than one for every two units.
(e) 
If storage facilities for solid waste are to be located outside the building, such facilities shall be landscaped and screened from public view.
(3) 
Requirements for zero lot line housing in MR and HR Districts.
(a) 
Planning Board approval of a site plan is required.
(b) 
Such development shall not be permitted for less than three dwelling units.
(c) 
Zero lot line buildings shall be constructed as close to the lot line as possible, on one side, and no windows, doors or other openings shall be permitted on this side unless otherwise determined as part of the site plan approval.
(d) 
One side yard shall be at least 25% of the lot's total frontage. Any side yard adjacent to a public right-of-way shall be at least 15 feet wide.
(e) 
Provisions shall be submitted and approved for access to walls located on the zero lot line property line, for the purpose of maintenance and repair.
(4) 
Requirements for cluster residential development in MR and HR Districts.
(a) 
Planning Board approval of a site plan is required.
(b) 
Such development shall consist of not fewer than 10 residential lots.
(c) 
The minimum lot area for any cluster residential lot shall be no less than 60% of the minimum lot area required for the district, unless otherwise approved as part of site plan approval.
(d) 
A plan shall be submitted and approved for the preservation of existing natural features on the site (trees, drainageways, etc.) and for the use and maintenance of open space created by the cluster development technique.
(5) 
Requirements for mobile home park in SB District. It must comply with the provisions of § 148-30 of this chapter.
(6) 
Requirements for adult residential care facility in HR and GB Districts; and community residence (group home) in HR, GB and SB Districts.
(a) 
Landscaping shall be provided in all yards adjacent to public streets and around off-street parking areas.
(b) 
The requirements of Schedule II notwithstanding, side and rear yard setbacks shall be approved as adequate by the Village Fire Chief.
(c) 
Signs, if provided, shall not exceed one in number and 12 square feet in area.
(7) 
Requirements for private club in HR, GB and SB Districts.
(a) 
Landscaping shall be provided in all yards adjacent to a public street and along all lot lines abutting any residential district line, and pursuant to the requirements of § 148-31.1.
[Amended 10-26-2010 by L.L. No. 7-2010]
(b) 
No parking area shall be located closer than 15 feet from any abutting residential district line.
(c) 
In the HR District, no parking area shall be located closer than 15 feet from any side or rear lot line.
(d) 
Signs, if provided, shall not exceed one in number and 20 square feet in area, except in an HR District where no sign shall exceed 12 square feet in area.
(8) 
Requirements for private recreation area or facility, noncommercial, in LR, MR and HR Districts.
(a) 
Planning Board approval of a site plan is required.
(b) 
Landscaping of the facility shall be provided that is adequate to create a visual buffer from adjacent residential lots.
(c) 
No parking area shall be located closer than 15 feet from any property line abutting a residential lot.
(9) 
Requirements for public, private or nonprofit school in MR, HR, GB and SB Districts.
(a) 
Planning Board approval of a site plan is required.
(b) 
A landscaped buffer area shall be provided between any playground and an abutting lot. (See §§ 148-9 and 148-31.1.)
[Amended 10-26-2010 by L.L. No. 7-2010]
(c) 
Signs, if provided, shall not exceed one in number and 12 square feet in area and shall comply with the signage design standards pursuant to § 148-31.1.
[Amended 10-26-2010 by L.L. No. 7-2010]
(d) 
No more than 60% of the lot area shall be covered by buildings, parking and play areas. Areas not so covered shall be improved with grass, ground cover, shrubs and trees.
(10) 
Requirements for veterinary hospital in SB and LI Districts.
(a) 
Planning Board approval of a site plan is required.
(b) 
There shall be no open boarding or exercise facilities.
(c) 
There shall be no outdoor storage of refuse, feed or other material and no on-site incineration of refuse.
(d) 
An odor-absorbing air filtration system shall be used.
(e) 
A landscaped buffer strip shall be provided along side and rear property lines that are adjacent to any residential lot. (See §§ 148-9 and 148-31.1.)
[Amended 10-26-2010 by L.L. No. 7-2010]
(11) 
Requirements for funeral home in MR, HR, GB and SB Districts. A landscaped buffer strip shall be provided along side and rear property lines that are adjacent to any residential lots. (See §§ 148-9 and 148-31.1.)
[Amended 10-26-2010 by L.L. No. 7-2010]
(12) 
Requirements for home occupation in LR, MR and HR Districts. The provisions of § 148-36G of this chapter shall be complied with.
(13) 
Planned unit development in MR and HR Districts.
(a) 
Purpose. The purpose of a planned unit development (PUD) is to introduce flexibility in conventional land use regulations and to substitute an approved development plan and specifications for such conventional regulations, with such development plan to be approved by the Planning Board and to become the basis for continuing land use controls.
(b) 
Requirements.
[1] 
Permitted land use. In a PUD, land may be used for any residential purpose permitted in Schedule I of this chapter,[1] provided that approval has been given in accordance with the provisions and procedures set forth in this subsection.
[1]
Editor's Note: Schedule I is included at the end of this chapter.
[2] 
Objectives of a planned unit development. The following shall be provided:
[a] 
A maximum choice in the types of housing, occupancy tenure (e.g., individual ownership, cooperatives, condominiums, or leasing), lot size and community facilities available to existing and potential Village residents at a range of economic levels.
[b] 
The preservation of trees, drainageways and outstanding natural features and the minimizing of soil erosion.
[c] 
A creative use of the land and related physical development which allows an orderly transition of land from intensive to less intensive uses.
[d] 
More usable recreation space and open areas.
[e] 
An efficient use of land, resulting in smaller networks of utilities and streets, thereby lowering housing and community costs.
[f] 
A development pattern in harmony with the long-range objectives of the Village Master Plan.
[g] 
A more desirable environment than would be possible through the strict application of traditional regulations of this chapter.
[3] 
Basic regulations.
[a] 
The proposed project area shall encompass a contiguous minimum land area of 10 acres under single or corporate ownership.
[b] 
A minimum of 20% of the gross site area of the PUD shall be devoted to common open space. All land area proposed for common space shall be offered for dedication to the Village, but the Village Board is not obligated to accept such open space as public land.
[c] 
The number of dwelling units in a PUD may be increased by up to 20% over the maximum number of units that would be permitted by conventional zoning regulations for the area. In calculating the maximum number of dwelling units permitted, only the gross area of the PUD actually proposed for residential development shall be used.
[4] 
Application. An applicant wishing approval for a PUD must submit a preliminary proposal, in triplicate, to the Village Planning Board. The preliminary proposal shall explain and show the following information:
[a] 
The location and extent of all proposed land use, including open space.
[b] 
All interior streets, roads, easements and their planned public or private ownership, as well as all points of access and egress from existing public rights-of-way.
[c] 
A specific delineation of all uses, indicating the number of residential units and the number of each residential housing type, as well as the overall project density.
[d] 
The overall water and sanitary sewer system with proposed points of attachment to existing systems, the proposed stormwater drainage system and its relation to existing systems, evidence of preliminary discussion with the New York State Department of Health of the proposed sewer and water system or their recommended modifications.
[e] 
A description of the manner in which any areas that are not to become publicly owned are to be maintained, including open space, streets, lighting and others, according to the proposals.
[f] 
If the development is to be phased, a description and graphic representation of the phasing of the entire proposal in terms of length of time and type and number of units or activities completed per phase.
[g] 
Evidence, as required by the Planning Board, of the applicant's ability to complete the proposed planned unit development.
[h] 
A description of any covenants, grants of easement or other restrictions proposed to be imposed upon the use of the land, buildings or structures, including proposed easements for public utilities.
[i] 
A written statement by the landowner setting forth the reasons why, in his opinion, the proposal would be in the public interest and would be consistent with the Village goals and objectives.
[5] 
Developer's conference. Within 30 days after the date of submission of a preliminary proposal, the Planning Board must schedule a conference with the applicant to review the proposed PUD. If said project seems to be in accordance with the objectives and guidelines of this subsection, the Planning Board and applicant shall jointly consider the conditions and specifications under which the proposal may be approved. After such conference, if the applicant wishes to proceed with the PUD, a written statement of intent to comply with the conditions and specifications must be submitted by the applicant.
[6] 
Approval of the preliminary proposal. Upon receipt of the applicant's statement of intent to comply with the established conditions, the Planning Board must, within 30 days, hold one or more public hearings on the proposal. Within 45 days following the final public hearings, the Planning Board must act to grant conditional approval of the proposed PUD, subject to submission of a final development plan, or to reject the proposal as submitted. Rejection of the proposal can be appealed by the applicant to the Village Board of Trustees, which may modify the Planning Board's determination.
[7] 
Factors for consideration. The Planning Board's review of a preliminary proposal shall include but is not limited to the following considerations:
[a] 
The adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, channelization and traffic controls.
[b] 
The adequacy and arrangement of pedestrian traffic access and circulation, including separation of pedestrians from vehicular traffic, walkway structures, control of intersections with vehicular traffic and pedestrian convenience.
[c] 
The location, arrangement, appearance and sufficiency of off-street parking and loading.
[d] 
The location, arrangement, size and design of buildings, lighting and signs.
[e] 
The adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise-deterring buffer between adjacent uses and adjoining lands.
[f] 
In the case of multiple-family dwellings, the adequacy of usable open space for playgrounds and informal recreation.
[g] 
The adequacy of stormwater and sanitary waste disposal facilities.
[h] 
The adequacy of structures, roadways and landscaping in areas with moderate to high susceptibility to flooding and ponding and/or erosion.
[i] 
The protection of adjacent properties against noise, glare, unsightliness or other objectionable features.
[j] 
The relationship of the proposed land uses to adjacent land uses and the use of buffer areas and open space to provide a harmonious blending of existing and proposed uses.
[k] 
Conformance with other specific conditions of the Planning Board which may have been required in the Board's examination of the preliminary proposal and agreed to in the developer's statement of intent.
[8] 
Final development plan.
[a] 
Upon receiving conditional approval of the preliminary proposal, the applicant shall prepare a final development plan which shall satisfy all conditions imposed. An application for final approval may be for all the land included in the PUD or, to the extent set forth in the preliminary proposal, for a section thereof. The application shall include such drawings, specifications, covenants, easements, conditions and guaranties of performance as were set forth by written resolution of the Planning Board at the time of approval of the preliminary proposal. A public hearing on an application for final approval of the plan or part thereof shall not be required unless the plan or the part thereof submitted for final approval is, in the judgment of the Planning Board, not in substantial compliance with the preliminary proposal.
[b] 
In the event that a public hearing is not required for final approval and the complete application has been filed, together with all drawings and documents in support thereof, as set forth in the resolution of approval of the preliminary proposal, the Planning Board shall, within 45 days from the date of filing, grant conditional final approval of the PUD or part thereof.
[c] 
In the event that the plan as submitted for final approval is not in substantial compliance with the approved preliminary proposal, as determined by the Planning Board, the developer shall be notified and another public hearing shall be scheduled. Such public hearing shall be held within 30 days from the date the Planning Board determines that it is required and so notifies the developer.
[d] 
Within 45 days from the date of the public hearing on the modified plan, the Planning Board shall act to grant conditional final approval to the modified plan or to deny such approval. A PUD or part thereof which has been given conditional final approval by the Planning Board shall become the document controlling development of the PUD and replacing the conventional provisions of the zoning law. Conditional final approval by the Planning Board shall authorize the Zoning Enforcement Officer to issue a permit. Final approval is obtained when the PUD or part thereof has been completed or satisfactory guaranties of completion have been received and the Planning Board has authorized endorsement of the final development plan.
[e] 
If the PUD developer fails to carry out the plan substantially in accordance with the approved timetable or if the ownership of the land to be developed changes hands, the approved final development plan shall become null and void, and the conventional zoning regulations shall thereafter be applicable to the undeveloped PUD area.
[9] 
Changes in final approval. No changes may be made in the approved final plan during the construction of the planned development, except by application under the procedures provided below:
[a] 
Minor changes in the location, siting and height, length and width of lots, roads, buildings and structures may be authorized by the Planning Board if required by engineering or other circumstances not foreseen at the time the final plan was approved. No change authorized by this section may increase the cube of any building or structure by more than 10%.
[b] 
All other changes in use, any rearrangement of lots, blocks and building tracts, any changes in the provision of common open spaces and all other changes in the approved final plan must be approved by the Planning Board in the same manner, and following the same procedures, as were applied to the original development plan.
[10] 
Subdivisions in a planned unit development. If part of the proposed PUD involves the subdivision of land into smaller parcels for sale to individual owners, the site plan review and hearing required for the PUD shall suffice for the Planning Board review and hearing required by Village subdivision regulations. In such case, the developer shall prepare a subdivision plat suitable for filing with the Madison County Clerk.
[11] 
Certificate of occupancy. Upon completion of a PUD, or any stage of it, a certificate of compliance shall be obtained in accordance with the provisions of § 148-49C of this chapter.
(14) 
Requirements for medical, dental and optical services and laboratory; and health-related clinic or spa in HR District:
(a) 
Planning Board approval of a site plan is required.
(b) 
Any modification of an existing structure shall, by design and choice of materials used, be compatible with such existing structures and the historic character of the surrounding neighborhood.
(c) 
No parking area shall be located closer than 15 feet from any property line adjacent to a residential lot.
(15) 
Requirements for shopping center in GB, SB and LI Districts:
(a) 
Planning Board approval of a site plan is required and shall be reviewed for compliance with the provisions of § 148-31.1.
[Amended 10-26-2010 by L.L. No. 7-2010]
(b) 
It shall include at least 10 acres under single or corporate ownership and control.
(c) 
No building shall be located closer than 100 feet from any front lot line or 50 feet from any other lot line.
(d) 
Off-street parking and loading shall be provided in accordance with §§ 148-38 and 148-39 of this chapter.
(e) 
Parking areas shall be provided with islands, trees, berms and other forms of landscaping to visually interrupt large expanses of pavement. Parking areas shall be separated from any property line by a landscaped buffer strip at least 25 feet wide. (See §§ 148-9 and 148-31.1.)
[Amended 10-26-2010 by L.L. No. 7-2010]
(f) 
One freestanding sign, not exceeding 150 square feet on each of no more than two sides, shall be permitted for each shopping center, in addition to individual signs permitted for each establishment in the center, as described in § 148-42 of this chapter. If elected by the center owner/operator and each individual establishment of the center, each establishment's freestanding sign, as permitted under § 148-42 of this chapter, may be incorporated into one composite sign maintained by the center. In that event, each establishment sign incorporated into such composite sign shall not be in excess of 20 square feet.
[Amended 2-27-2007 by L.L. No. 1-2007]
(g) 
All site lighting used in the shopping center shall be designed and located so as to produce no glare on adjacent roads and property.
(16) 
Requirements for gasoline convenience (mini-) mart in LI District:
(a) 
Planning Board approval of a site plan is required.
(b) 
No access or egress driveway will have its center line located less than 40 feet from the intersection of any two street rights-of-way.
(c) 
Access drives will be no wider than 30 feet and clearly defined by curbs.
(d) 
Landscaping shall be provided adjacent to all public streets.
(17) 
Requirements for automotive car wash in LI District:
(a) 
Planning Board approval of a site plan is required.
(b) 
Access and egress driveways shall be no wider than 30 feet and clearly defined by curbs.
(c) 
Adequate space for at least 10 cars shall be provided so that there will be no stacking of waiting vehicles on any public street.
(18) 
Requirements for automotive repair, including bodywork and painting, in SB District:
(a) 
Access drives will be no wider than 30 feet and clearly defined by curbs.
(b) 
Landscaping shall be provided adjacent to all public streets.
(c) 
No inoperable vehicles or parts thereof shall be stored or kept outdoors for a period longer than one week unless such vehicles or parts are enclosed behind a solid fence at least five feet high.
(19) 
Requirements for motor vehicle service station in SB and LI Districts:
(a) 
Planning Board approval of a site plan is required. The site plan submitted shall show the number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth that the tanks will be placed below the ground, the number and location of pumps to be installed and the type of structure and necessary buildings to be constructed.
(b) 
The entire area of the site traveled by motor vehicles shall be hard-surfaced.
(c) 
Any repair of motor vehicles shall be performed in a fully enclosed building, and no motor vehicle shall be offered for sale on the site. No motor vehicle parts or partially dismantled motor vehicles shall be stored outside of an enclosed building.
(d) 
No vehicles shall be permitted to be parked on the premises of a motor vehicle service station other than those used by the customers and employees in the indirect or direct operation of the establishment.
(e) 
The outdoor display of accessory goods for sale may be displayed on the pump island and the building island only. The outdoor display of oil cans and/or antifreeze and similar products may be displayed on the respective island if provided for in a suitable stand or rack.
(f) 
No motor vehicle service station or public garage shall be located within 500 feet of any public entrance to a church, school, library, hospital or place of public assembly. Such distance shall be measured in a straight line from said public entrance to the lot line nearest said entrance along the street line.
(g) 
Where a motor vehicle service station abuts a residential zone, it shall be screened by a buffer area no less than 10 feet in depth, composed of densely planted evergreen shrubbery, solid fencing or a combination of both which, in the opinion of the Planning Board, will be adequate to prevent the transmission of headlight glare across the zone boundary line. Such buffer screen shall have a minimum height of six feet above finished grade at the highest point of the station. The materials used shall be in keeping with the character of the adjacent residential area. If said shrubbery becomes decayed and fails to provide an adequate screen, the Zoning Administrative Officer may direct the property owner to replace said shrubs.
(h) 
All fuel pumps shall be located at least 20 feet from any street or property line and shall be attendant-supervised.
(i) 
In addition to the sign requirements for business uses in the district, each motor vehicle service station shall be permitted to have one freestanding or pylon sign setting forth the name of the station and for the principal products sold on the premises, including a special company or brand name, insignia or emblem, provided that such sign shall not exceed 20 square feet in area on either of two sides and shall be hung within the property line and no less than 10 feet nor more than 25 feet above the ground.
(j) 
Service stations may also exhibit one temporary sign located no less than 10 feet inside the property line and specifically setting forth special seasonal servicing of automobiles, provided that such sign does not exceed seven square feet in area.
(20) 
Requirements for off-street parking lot or facility in HR, GB, SB and LI Districts:
(a) 
Planning Board approval of a site plan is required and shall be reviewed for compliance with the provisions of § 148-31.1.
[Amended 10-26-2010 by L.L. No. 7-2010]
(b) 
Access drives shall be no wider than 30 feet and clearly defined by curbs.
(c) 
No parking space shall be located closer than 10 feet from any front property line and five feet from any other property line.
(d) 
A landscaped buffer strip shall be provided between such use and any adjacent residential lot. (See §§ 148-9 and 148-31.1.)
[Amended 10-26-2010 by L.L. No. 7-2010]
(e) 
One sign shall be permitted on each street bordering the lot or facility. Such sign shall have a maximum area of 20 square feet.
(21) 
Requirements for rental service store and yard, including vehicles and trailers, in LI District:
(a) 
No outside display of any rental items shall be located in any required front yard space.
(b) 
No more than 50% of any required front yard space shall be paved. The unpaved area shall be improved with trees, shrubs, ground cover and other forms of landscaping.
(c) 
Access drives to parking and service areas shall be no wider than 30 feet and clearly defined by curbs.
(22) 
Requirements for facility for storage of household and similar goods and mini-warehouse in LI District:
(a) 
Planning Board approval of a site plan shall be required.
(b) 
Access drives to parking and storage areas shall be no wider than 30 feet and clearly defined by curbs.
(c) 
Landscaping shall be provided adjacent to all public streets.
(d) 
No more than 50% of any required front yard area shall be paved. The unpaved area shall be improved with trees, shrubs, ground cover and other forms of landscaping.
(23) 
Requirements for utility substation in GB, SB and LI Districts:
(a) 
A special permit shall be authorized by the Village Board.
(b) 
A landscaped buffer strip at least 20 feet wide shall be provided around the perimeter of the property. (See § 148-9.)
(c) 
The design of any building shall conform to the general architectural character of the area and incorporate the provisions of § 148-31.1 of this chapter.
[Amended 10-26-2010 by L.L. No. 7-2010]
(24) 
Requirements for senior housing in MR, HR, GB and SB Districts.
[Added 8-23-2016 by L.L. No. 1-2016]
(a) 
Planning Board approval of a site plan is required.
(b) 
All dwelling units shall be designed for independent living and shall contain full bathroom and kitchen facilities.
(c) 
Minimum lot area. The minimum lot area shall be 40,000 square feet.
(d) 
Maximum building coverage shall not exceed 35% of the lot area.
(e) 
Storage facilities for solid waste located outside the building shall be landscaped and screened from public view.
(f) 
Building identification signs and number/letter identification shall be provided as recommended by the Code Enforcement Office to ensure efficient and timely identification for residents, visitors and emergency personnel.
(g) 
All areas shall be suitably lighted, sufficient for the convenience arid safety of older persons.
(h) 
Pickup and dropoff areas shall be designed to accommodate larger vehicles providing transportation for residents for group activities and emergency service vehicles.
(25) 
Requirements for printing and publishing plants in GB, SB, and LI Districts:
[Added 11-17-2022 by L.L. No. 4-2022]
(a) 
Printing operations shall not use or store toxic or hazardous materials on-site.
(b) 
Plant operations shall not result in an increase in ambient noise levels beyond the property lines.
(c) 
Wastewater discharge shall be subject to approval by the Village Wastewater Treatment Plant operator.