The provisions of this chapter shall be administered
and enforced by the Zoning Officer, who shall be appointed by the
Trustees, or his duly appointed assistant. It shall be the duty of
the Zoning Officer and he shall have the power to:
A.
Receive and examine applications for zoning permits
and refer any applications to the Planning Board for review and recommendations,
when deemed advisable.
B.
Issue zoning permits after approval and certification
of occupancy only when there is a compliance with the provisions of
this chapter and with other local laws; provided, however, that the
issuance of a zoning permit shall not be deemed a waiver of the requirements
of any other local law.
C.
Receive applications for special permits and forward these applications
to the Planning Board for action thereon.
[Amended 4-22-2019 by L.L. No. 2-2019]
D.
Following refusal of a permit, receive applications for appeals from
alleged error of the Zoning Officer and variances and forward these
applications to the Zoning Board of Appeals for action thereon.
[Amended 4-22-2019 by L.L. No. 2-2019]
E.
Conduct inspections and surveys to determine compliance
or noncompliance with the terms of this chapter.
F.
Issue stop, cease and desist orders and order in writing
corrections of all conditions found to be in violations of the provisions
of this chapter. Such written orders shall be served personally or
by certified mail upon persons, firms or corporations deemed by the
Zoning Officer to be violating the terms of this chapter. It shall
be unlawful for any person to violate any such order lawfully issued
by the Zoning Officer, and any person violating any such order shall
be guilty of a violation of this chapter.
G.
With the approval of the Trustees, or when directed
by them, institute in the name of the Village any appropriate action
or proceedings to prevent the unlawful erection, construction, reconstruction,
alteration, conversion, maintenance or use, or to restrain, correct
or abate such violation, so as to prevent any illegal act, conduct,
business or use in or about such premises.
H.
Revoke by order a zoning permit issued under a mistake
of fact or contrary to the law or the provision of this chapter.
I.
Maintain a map showing the current zoning classification
of all land.
J.
Upon the request of the Trustees, the Planning Board
or the Zoning Board of Appeals, present to such bodies facts, records
or reports which they may request to assist them in making decisions.
[Amended 4-22-2019 by L.L. No. 2-2019]
A.
No structure shall be erected, constructed, reconstructed,
extended or moved, and no land or building changed in use, until a
zoning permit has been secured from the Zoning Officer. Upon completion
of changes in use or construction, reconstruction, extension or moving
of structures, the applicant shall notify the Zoning Officer of such
completion.
B.
No permit shall be considered as complete or as permanently
effective until the Zoning Officer has noted on the permit that the
work or occupancy and use has been inspected and approved as being
in conformity with the provisions of this chapter.
C.
Zoning permits shall not be required for general maintenance
work; painting; clearing woodlands; building ponds; tilling the soil;
constructing fences, terraces, steps or other similar features; and
landscaping. However, all such activities shall conform with the requirements
of this chapter.
D.
Zoning permits shall be issued with a one-year life;
provided, however, that if the work is not commenced within six months
after the issuance of the zoning permit, the permit shall automatically
expire, and a new permit shall be required before such work or change
in uses commences.
E.
NOTE: There are special provisions for issuance of
zoning permits in areas designated as flood hazard area by the Federal
Emergency Management Agency. The Zoning Officer, when reviewing applications
for zoning permits in these areas of any district, including plans
and specifications for the proposed construction, shall, in addition
to the regular duties, review all zoning permit applications to determine
if the proposed construction is consistent with the need to minimize
flood damage.[1]
No land shall be used or occupied and no building
hereafter erected, altered or extended shall be used or changed in
use until a certificate of occupancy shall have been issued by the
Zoning Officer stating that the building or proposed use thereof complies
with the provisions of this chapter and any other pertinent local
law.
A.
All applications for zoning permits shall be made
in writing by the owner, tenant, and vendee under contract of sale
or authorized agent on a form supplied by the Village and shall be
filed with the Zoning Officer. The application shall include:
(1)
A statement as to the proposed use of the building
or land.
(2)
A site layout drawn to scale showing the location,
dimensions and height of proposed buildings, structures or uses and
any existing buildings in relation to property and street lines.
(3)
The number, location and design of parking spaces
and loading spaces, if applicable.
(4)
The size, dimensions, location and methods of illuminations
for signs, if applicable.
(5)
Any additional plans and information reasonably necessary
for the Zoning Officer to ascertain whether the proposed use, change
in use, erection, alteration or addition complies with the provisions
of this chapter.
B.
A permit for any new use or construction which will
involve the on-site disposal of sewage or waste or change in use or
an alteration which will result in an increase volume of sewage or
waste to be disposed of on the site or which will require a new or
modified water supply shall not be issued until a certificate of approval
has been issued by the Cayuga County Health Department.
Zoning permits shall be granted or refused within
15 days after the written application has been filed with the Zoning
Officer, except as provided for special permit applications. Upon
completion of the activity authorized by any zoning permit, the holder
of such permit shall notify the Zoning Officer of such completion.
The applicant for a zoning permit shall, at
the time of making application, pay to the Clerk, for the use of the
Village, a fee in accordance with a fee schedule adopted by resolution
of the Trustees upon the enactment of this chapter or as such schedule
may be amended by resolution of the Trustees.[1]
[1]
Editor's Note: The currently effective fee
schedule is on file in the office of the Village Clerk, where it may
be examined during regular business hours.
[Added 10-12-2004 by L.L. No. 1-2004]
A person in order to hold the office of Zoning
Officer for the Village of Fair Haven need not be a resident of the
Village of Fair Haven but must be a resident of Cayuga or any other
County adjoining the County of Cayuga. This provision is intended
to and shall supersede the residency requirement of § 3 (1) of
the Public Officers Law of the State of New York.
In order that the objectives of this chapter
may be more fully and equitably achieved and as a means for competent
interpretations of this chapter, there is established a Zoning Board
of Appeals for the Village.
A.
Procedures. The Trustees shall appoint a Chairman,
and the Zoning Board of Appeals shall appoint a Secretary and shall
prescribe rules in accordance with the provisions of the state statutes
and this chapter for the conduct of its affairs.
B.
Meetings. Meetings shall be held at the call of the
Chairman and at such other times as the Zoning Board of Appeals shall
specify in its rules and procedures.
C.
Records and decisions. Minutes shall be recorded of
all proceedings which shall contain evidence and data relevant to
every case considered together with the votes of the member and the
final dispositions of each case. Every decision of the Zoning Board
of Appeals shall bear the signatures of a majority of the members
of the Zoning Board of Appeals on the original thereof. All decisions
of the Zoning Board of Appeals shall be permanently filed with the
official Village records. The Zoning Board of Appeals shall notify
the Trustees, Planning Board and the Zoning Officer of all decisions
and resolutions.
[Amended 4-22-2019 by L.L. No. 2-2019]
Upon filing with the Zoning Board of Appeals
an application for a variance or appeal from alleged error of the
Zoning Officer, the Board shall fix a reasonable time and place for
a public hearing thereon and give notice as follows:
A.
At least five days prior to the date fixed for public
hearing, the Board shall publish in the official paper a description
of the location of the building or lot and the general nature of the
questions involved. At least five days before the hearing the Board
shall mail notices thereof to the parties and to the Regional State
Park Commission having jurisdiction over any state park or parkway
within 500 feet of the property affected by such appeal.
The Zoning Board of Appeals shall hear and decide
appeals where it is alleged there is an error in any order, requirements,
decision or determination, including any order requiring an alleged
violator to stop, cease and desist, made by the Zoning Officer in
the enforcement of this chapter.
A.
The Zoning Board of Appeals shall have the power to
authorize, upon appeals in specific cases, such variance from the
terms of this chapter as will not be contrary to public interest,
where, owing to special conditions, a literal enforcement of the provisions
of this chapter will result in unnecessary hardship, and so that the
spirit of this chapter shall be observed and substantial justice done.
B.
The applicant shall have the burden of proof in establishing
his right to a variance.
C.
In reaching its decision, the Board shall be guided
by the following standards:
(1)
The granting of the variance shall be in harmony with
the general purpose and intent of this chapter and shall not be injurious
to the neighborhood or otherwise detrimental to the public welfare.
(2)
There must be proof of unique circumstances. These
are special circumstances or conditions, fully described in the findings,
applying to the land or buildings for which the variance is sought,
which circumstances or conditions are peculiar to such land or buildings
in the neighborhood, and said circumstances or conditions are such
that the strict application of the provisions of this chapter would
deprive the applicant of the reasonable use of such land or building.
(3)
There must be proof of unnecessary hardship. If the
hardship is general, that is, if it is shared by neighboring property,
relief can be properly obtained only by legislative action.
(4)
The granting of the variance is necessary for the
reasonable use of the land or building, and the variance, as granted
by the Board, is the minimum variance that will accomplish this purpose.
It is not sufficient proof of hardship merely to show that greater
profit would result if the variance were awarded. Furthermore, hardship
complained of cannot by self-created; it cannot be claimed by one
who purchases with or without knowledge of restrictions; it must result
from the application of this chapter; it must be suffered directly
by the property in question; and evidence of variance granted under
similar circumstances shall not be considered.
D.
The Board may prescribe any safeguard that it deems
to be necessary to secure substantially the objectives of the regulation
or provisions to which the variance applies.
A.
Special permits.
(1)
The Planning Board shall conduct a public hearing
within 62 days from the day an application is received on any matter
referred to it under this section. Public notice of said hearing shall
be printed in a newspaper of general circulation in the Village at
least five days prior to the date thereof. The Planning Board shall
decide upon the application within 62 days after the hearing. The
time within which the Planning Board must render its decision may
be extended by mutual consent of the applicant and the Board.
[Amended 4-22-2019 by L.L. No. 2-2019]
(2)
The applicant shall have the burden of proof in establishing
his right to a special permit.
(3)
General requirements and standards applicable to all
special permits:
(a)
The Board shall grant a special permit when
it finds adequate evidence that any proposed use submitted for a special
permit will meet all of the following general requirements and standards
listed for the other proposed use. The Board shall, among other things,
require that any proposed use be:
[1]
In the best interests of the Village, and the
convenience of the community and the public welfare and not be a detriment
to the immediate neighborhood.
[2]
Suitable for the property in question and designed,
constructed, operated and maintained so as to be in harmony with and
appropriate in appearance with the existing or intended character
of the general vicinity.
[3]
In conformance with all applicable requirements
of this chapter.
[4]
Suitable in terms of effects on street or highway
traffic and safety, with adequate access arrangements to protect major
streets from undue congestion and hazard.
(b)
In granting a special use permit, the Planning
Board may impose whatever conditions regarding layout, circulation
and performance it deems necessary to ensure that any proposed developments
will secure substantially the objectives of this chapter. These conditions
may include but are not limited to the following:
[1]
Increasing the required lot size or yard dimension.
[2]
Limiting the height, size or location of buildings.
[3]
Controlling the location and number of vehicle
access points.
[4]
Increasing the number of required off-street
parking spaces.
[5]
Limiting the number, size, location and lighting
of signs.
[6]
Requiring fencing, screening, landscaping or
other facilities to protect adjacent or nearby property.
[7]
Designating sites for open spaces.
(4)
Specific requirements and standards applicable to certain uses requiring
a special use permit:
[Added 4-22-2019 by L.L.
No. 2-2019]
(a)
Accessory buildings. For the purposes of this section, accessory buildings do not include sheds as defined, regulated, and permitted under Chapter 117 of the Village of Fair Haven Code.
[1]
Minimum yard regulations.
[a]
Unattached accessory buildings in residential districts
and accessory buildings which are not attached to a principal building
shall be erected only in accordance with the following restrictions:
[i]
No accessory buildings shall be located closer
than 10 feet to the side and rear lot lines.
[ii]
No accessory building shall be located closer
to the street than the street wall of the principal building, bay
front property exempted.
[iii]
No accessory building shall be located closer
to a principal building than 10 feet.
[b]
Attached accessory buildings in residential districts.
When an accessory building is attached to the principal building,
it shall comply in all respects with the requirements of this chapter
applicable to the principal building.
(b)
Automotive business. Automotive businesses, including the repair
of vehicles and sale of gasoline and other products for automobiles,
but not including junkyards or parts-reclamation businesses.
(c)
Bay front recreational businesses.
[1]
[2]
Bay front recreational businesses shall be established only
upon lots no smaller than three acres and having no less than 200
feet of frontage upon the bay.
[3]
Such businesses shall demonstrate that the design and materials
of the structure and landscaping would be consistent with the natural
and man-made surroundings.
[5]
Additionally, it is desirable to demonstrate that the proposed
activity will be compatible with and not made impractical by the natural
environment in which it will be located. The applicant shall so demonstrate
by providing documentation, where applicable, regarding the relationship
between the proposed activity and the following environmental factors:
(d)
Bed-and-breakfast. In order to protect the residential character
of the district in which it is located, a bed-and-breakfast facility
shall be limited by the following criteria:
[1]
A bed-and-breakfast shall only be permitted in a single-family,
detached dwelling per the New York State Uniform Fire Prevention and
Building Code requirements.
[2]
The residential character of the dwelling shall be preserved
and no structural alterations, construction features, or site features
of a nonresidential nature shall be incorporated.
[3]
The owner or operator of the bed-and-breakfast shall live full-time
on the premises when the business is open per the New York State Uniform
Fire Prevention and Building Code requirements.
[4]
A bed-and-breakfast shall have a maximum of five guest rooms
per the New York State Uniform Fire Prevention and Building Code requirements.
[5]
The maximum length of stay for any guest is 30 consecutive days
per the New York State Uniform Fire Prevention and Building Code requirements.
(e)
Conversion of a one-family dwelling to a two-family dwelling.
[1]
Upon completion of the conversion, the converted dwelling shall
meet all requirements of this chapter applicable to two-families.
(f)
Drive-through service as part of a business.
[1]
A drive-through service window and associated travel lane are
permitted only on the rear or side of the building; and shall not
be located parallel to Main Street between the sidewalk and the build-to
line for the building.
[2]
The travel lane must provide stacking for a minimum of three
vehicles.
[3]
The drive-through service window and associated travel lane
shall be designed to coordinate traffic flow, parking and stacking
requirements, and shall not interfere with the pedestrian travel way.
(g)
Home occupation.
[1]
The home occupation shall be carried on wholly indoors and within
the principal building or within a building or other structure accessory
thereto.
[2]
There shall be no use of show windows or displays or advertising
visible outside the premises to attract customers or clients other
than the home occupation announcement signs as permitted.
[3]
There shall be no exterior storage of materials.
[4]
No external alterations, additions or changes to the structure
shall be permitted in order to accommodate or facilitate a home occupation.
[5]
No articles shall be sold or offered for sale except such as
may be produced on the premises.
[6]
No repetitive servicing by truck for supplies and material shall
be required.
[7]
The floor area devoted to home occupation shall not be more
than 25% of the ground area of the principal residential structure
or 500 square feet.
[8]
In particular, a home occupation includes but is not limited
to the following: art studio, professional office of a physician,
dentist, lawyer, engineer, architect, writer or accountant.
[9]
Among the uses that shall not be interpreted to be home occupations
are the following: animal hospital, commercial stables and kennels,
funeral parlor, antique shop and restaurant.
[10]
All accessory uses shall be subject to the off-street
parking requirements of this chapter.
[11]
All accessory uses shall be subject to the sign
requirements of this chapter.
(h)
Institutional and educational uses.
[1]
Completely detached buildings on the same lot shall be not less
than 20 feet from one another.
(j)
Multiple-family dwelling.
[1]
There shall be 15,000 square feet of lot area for the initial
three dwelling units with 100 feet of road frontage. The minimum lot
area shall be increased by at least 2,000 square feet for each additional
dwelling unit over three.
[2]
A minimum of 1.8 square feet of landscaped open space shall
be required for each square foot of floor area devoted to multiple-family
use. A minimum of 0.13 square feet of recreation space shall be required
for each square foot of floor area devoted to multiple-family use.
(k)
Private club. A private club or lodge for members only and operated
not-for-profit, subject to the following provisions:
(l)
Religious, sectarian and nonsectarian, denominational, private
or public school, not conducted as a private gainful business.
B.
Site plan review.
(1)
Sketch plan. A sketch plan conference may be held
between the Planning Board and the applicant prior to the preparation
and submission of the formal site plan. The intent of such a conference
is to enable the applicant to inform the Planning Board of his/her
proposal prior to the preparation of a detailed site plan; and for
the Planning Board to review the basic site design concept, advise
the applicant as to potential problems and concerns and to generally
determine the information to be required on the site plan. In order
to accomplish these objectives, the applicant should provide the following:
(a)
A statement and rough sketch showing locations
and dimensions of principal and accessory structures, parking area,
access signs (with descriptions), existing and proposed vegetation,
and other planned features; anticipated changes in the existing topography
and natural features; and where applicable, measures and features
to comply with flood hazard and flood insurance regulations;
(b)
A sketch or map of the area which clearly shows
the location of the site with respect to nearby streets, right of
ways, properties, easements and other pertinent features; and
(c)
A topographic or contour map of adequate scale
and detail to show site topography.
(2)
Application for site plan approval. An application
for site plan approval shall be made in writing to the Chairman of
the Planning Board and shall be accompanied by information on the
following checklist. Where the sketch plan conference was held, the
accompanying information shall be drawn from the following checklist
as determined by the Planning Board at said sketch plan conference.
(a)
Site Plan Checklist:
[1]
Title of drawings including name and address
of applicant and person responsible for preparation of such drawing;
[2]
North arrow, scale and date;
[3]
Boundaries of the property plotted to scale;
[4]
Existing watercourses;
[5]
Grading and drainage plan, showing existing
and proposed contours;
[6]
Location, design, type of construction proposed
use and exterior dimensions of all buildings;
[7]
Location, design and type of construction of
all parking and truck loading areas, showing access and egress;
[8]
Provision for pedestrian access;
[9]
Location of outdoor storage, if any;
[10]
Location, design and construction
materials of all existing or proposed site improvements including
drains, culverts, retaining walls and fences;
[11]
Description of the method of sewage
disposal and location, design and construction materials of such facilities;
[12]
Description of the method of securing
public water and location, design and construction of such facilities;
[13]
Location of fire and other emergency
zones, including the location of fire hydrants;
[14]
Location, design and construction
materials of all energy distribution facilities, including electrical,
gas and solar energy;
[15]
Location, size and design, and
type of construction of all proposed signs;
[16]
Location and proposed development
of all buffer areas, including existing vegetative cover;
[17]
Location and design of outdoor
lighting facilities;
[18]
Identification of the location
and amount of building area proposed for retail sales or similar activity;
[19]
General landscaping plan and planting
schedule;
[20]
An estimated project construction
schedule;
[21]
Record of application for approval
status of all necessary permits from state and county officials;
[22]
Identification of any state or
country permits required for the project's execution;
[23]
Other elements integral to the
proposed development as considered necessary by the Planning Board.
(3)
Review of site plan. The Planning Board's review of
the site plan shall include, as appropriate, but is not limited to,
the following general considerations:
(a)
Location, arrangement, size and general site
compatibility of building, lighting and signs.
(b)
Adequacy and arrangement of vehicular traffic
access and circulation, including intersections, road widths, pavement
surfaces, dividers and traffic controls.
(c)
Location, arrangement, appearance and sufficiency
of off street parking and loading.
(d)
Adequacy and arrangement of pedestrian traffic
access and circulation, walkway structures, control of intersections
with vehicular traffic and overall pedestrian convenience.
(e)
Adequacy of stormwater and drainage facilities.
(f)
Adequacy of water supply and sewage disposal
facilities.
(g)
Adequacy, type and arrangement of trees, shrubs,
and other landscaping constituting a visual and/or noise buffer between
the applicant's and adjoining lands, including the maximum retention
of existing vegetation.
(h)
Adequacy of fire lanes and other emergency zones
and the provisions of fire hydrants.
(i)
Special attention to the adequacy and impact
of structures, roadways and landscaping in areas with susceptibility
to ponding, flooding and/or erosion.
(4)
Planning Board action on site plan. Within 45 days
of the receipt of an application for site plan approval, the Planning
Board shall render a decision, file said decision to the Village Clerk
and mail such decision to the applicant with a copy to the Zoning
Officer. The time within which such a decision must be rendered may
be extended by mutual consent of the applicant and the Planning Board.
(a)
Upon approval of the site plan and payment by
the applicant of all fees and reimbursable costs due to the Village,
the Planning Board shall endorse its approval on a copy to the applicant,
Zoning Officer, and file same with the Village Clerk.
(b)
Upon disapproval of a site plan, the Planning
Board shall so inform the Zoning Officer and the Zoning Officer shall
deny a zoning permit to the applicant. The Planning Board shall also
notify the applicant in writing of its decision and its reasons for
disapproval. Such disapproval shall be filed with the Village Clerk.
(5)
Reimbursable costs. Reasonable and necessary costs
incurred by the Planning Board for consultation fee or other extraordinary
expenses in connection with the review of a proposed site plan shall
be charged to the applicant.
(6)
Performance guaranty. No certificate of occupancy
shall be issued until all improvements shown on the site plan are
installed or a sufficient performance guaranty has been posted for
improvements not yet completed. The sufficiency of such performance
guaranty shall be determined by the Village Board after consultations
with the Planning Board, Zoning Officer, Village Attorney and other
appropriate parties.
(7)
Inspections of improvements. The Zoning Officer shall
be responsible for the overall inspection of site improvements including
coordination with the Planning Board and other officials and agencies,
as appropriate.
(8)
Integration of procedures. Whenever the particular circumstances of proposed development require compliance with either the special use procedure in this chapter or other requirements of the Village, the Planning Board shall attempt to integrate, as appropriate, site plan review as required by this section with the procedural and submission requirements for such other compliance. In addition to the standards for site plan review set forth in Subsection B above, the Planning Board may, when it deems it necessary and pertinent to a full understanding of the particular proposal, require information regarding the production, emission, or transmission into the general neighborhood of dust, smoke, refuse, odor, gas, fumes, noise, vibration, or similar substance or conditions.
C.
Special Development District.
(1)
The Planning Board shall advise the Village Board
regarding the establishment of Special Development Districts (SDD)
and review those uses and developments permitted by the Village Board
as a SDD to determine compliance with applicable conditions of this
chapter and the SDD.
(2)
An SDD shall be established only when the purposes,
objectives and procedures are met.
(a)
Purpose. In Special Development Districts (SDD),
land and buildings may be used for any lawful purpose in those districts
authorized by this chapter. The purpose of the SDD is to provide flexible
land use and design regulations through the use of performance criteria
and land impact considerations, so that developments incorporating
individual building sites, common property, singular land use, and/or
mixed land uses may be planned and developed as a unit. Where deemed
appropriate, the Village Board may consider a proposed special development
requiring a zoning district change from the original district to an
SDD, in which the approved plan and a complete set of use and dimensional
regulations become the basis for continuing land use controls.
(b)
Objectives. In order to carry out the purpose
of this article, an SDD shall achieve at least the following objectives:
[1]
Work as a concentrated whole unit, being self-contained
and nonconducive to expansion outside its boundaries at a future date,
unless such expansion when added to the original SDD can act with
it to create a larger self-contained unit.
[2]
Provide open space as an integral part of the
plan.
[3]
Provide convenient location of commercial and
service areas.
[4]
Preserve trees, outstanding natural topography
and geologic features.
[5]
Make creative use of land and related physical
development which allows an orderly transition of land from rural
to more urban uses.
[6]
Make efficient use of land resulting in smaller
networks of utilities and streets and thereby lowering costs for construction,
maintenance and housing.
[7]
Provide a development pattern in harmony with
objectives of the Village and County Master Plans.
[8]
Provide a more desirable environment for dwelling,
working, and/or recreation than would be possible through strict application
of the regulation of this chapter.
(c)
General requirements.
[1]
Minimum area. Under normal circumstances, the
minimum area requirements for an SDD shall be three contiguous acres
of land, unseparated by existing streets, highways or other properties.
[2]
Ownership. The tract of land for the SDD shall
be owned under legal option by the applicant who may be a single person,
corporation, or a group of individuals or jointly by the owners of
all property included in the SDD. In the case of multiple owners,
the approved plan shall be binding on all owners.
[3]
Location. The SDD shall be applicable in the
AR District of the Village of Fair Haven where the applicant can demonstrate
that the characteristics of his holdings will meet the objectives
of this section and the spirit of this chapter. An SDD proposal must
demonstrate compatibility with the surrounding land uses, neighborhood
character, and traffic pattern, capacity and volume.
[4]
Permitted uses. The use of land and buildings
in an SDD may be for any lawful purpose as authorized by the Village
Board in accordance with the procedures of this section; the following
general uses, or combinations thereof, may be considered.
[a]
Residential uses. Residences may
be a variety of types. In developing a balanced community, the use
of a variety of housing types and densities shall be deemed most in
keeping with the objectives of this section and the applicant shall
demonstrate that he is reaching as broad an economic market as possible.
[b]
Commercial, service and other nonresidential
uses in a primarily residential SDD. These uses may be permitted (or
required) where such uses are scaled primarily to serve the residents
of the residential SDD. Consideration shall be given to the project
as it exists in its larger setting in determining the appropriateness
of such uses. In no case shall more than 25% of the gross site area
be permitted for commercial uses, services or nonresidential uses
other than open space and nonprofit recreation.
[c]
Commercial uses. If designed and
organized toward the purposes and objectives of this section, an SDD
with commercial uses as the major land use may be approved.
[d]
Industrial uses. If designed and
organized toward the purpose and objectives of this section, an SDD
with industrial uses as the major land use may be approved.
[5]
Intensity of land use. Relatively high land
use intensity of dwelling unit density may be permitted if it is demonstrated
that a good overall dwelling, working and/or recreational environment
is thereby produced. In determining the suitability of land use intensity
or dwelling unit density proposed for an SDD, each case shall be considered
separately. Proposed land use intensity ratings and/or dwelling unit
densities shall be completely documented by all facts, opinions and
judgments used to justify the selection of the intensity rate or unit
density.
[6]
Common property. "Common property" in an SDD
is a parcel or parcels of land, together with the improvements thereon,
the use and enjoyment of which is shared by the owners and occupants
of the individual building sites. When common property exists (and
such may be required), the ownership of such common property may either
by public or private; when common property exists by public or private
ownership, satisfactory arrangements shall be made for the improvement,
operation and maintenance of such common properties and facilities
thereon, including but not limited to private streets, drives, service
and parking areas, open space and recreation areas.
(d)
Application procedures for SDD approval. For
full approval of a proposed SDD the applicant shall:
[1]
Secure a zoning district change for his property
from its present district to a Special Development District, which
process shall be that of amending the zoning law and map to include
the proposed SDD plan and all the related specifications, and use
and dimensional regulations specific thereto;
[2]
After the zoning district change, it shall be
required that the subdivision and platting of all lands in the proposed
SDD be subject to this chapter; and
[3]
Before construction and occupancy of buildings or land, the proper permits shall be secured by the applicant in accordance with Article VIII of this chapter. When any SDD is proposed, before any permit for erection of a permanent building in such SDD shall be granted, and before any subdivision plat or any part thereof may be filed in the Cayuga County Clerk's Office, the applicant or his authorized agent shall apply for and secure approval of such SDD in accordance with the following specific procedures:
[a]
Preapplication discussion stage.
Prior to formal application, the applicant shall present the proposed
SDD to the Village Planning Board in rough sketch and written descriptive
form to get the initial opinions concerning the suitability of the
concepts, and general elements of the development, and to make sure
the required procedures for the SDD application are fully understood
by the applicant. In this stage it is advised that most of the items
in Subsection C(2)(d)[3][b] be addressed at least in rough form by
the applicant. No approval at this stage shall be considered binding.
[b]
Applications for SDD zoning. Application
for the establishment of an SDD shall be made to the Village Board
in plan (drawn to scale) and written report form. Prior to the Village
Board action, to ensure that the proposed SDD is within the intent
of the comprehensive planning activities of the Village, the Village
Board shall immediately after receiving the application refer it for
the purpose of review and recommendations to the Village Planning
Board, which shall have 30 days from its next regularly scheduled
meeting within which to report. As deemed appropriate, either the
Village Board or the Village Planning Board may submit the SDD application
to the Cayuga County Planning Board for an informal review. As applicable
in accordance with §§ 239-l and 239-m of Article 12-B
of the New York State Municipal Law, the Village Board shall refer
to the SDD application for formal review and recommendations to the
Cayuga County Planning Board which shall have 30 days or an agreed-upon
longer period from its next regularly scheduled meeting within which
to submit its report. If either Planning Board does not report to
the Village Board within the specified time period, their inaction
shall be construed as them having no recommendations.
[c]
Public hearing. Within 45 days
after receiving a report from the Village Planning Board, the Village
shall schedule and conduct a public hearing for the purpose of considering
the change in zoning district to SDD for the applicant's plan in accordance
with procedures required under New York State Village Law.
[d]
Village Board action. Within 45
days after a public hearing, the Village Board shall render its decision
on the SDD application. If the Village Board grants SDD zoning, the
Zoning Map shall be so notated, and the local law shall be amended
in order to define the legal boundaries of the SDD, but such action
shall have the effect only of granting permission for development
of the specific proposed land use in accordance with the use and dimensional
specifications, plans and related material, filed with the Village
Board and related to the specific SDD; such specifications, plans
and related materials to include, if deemed necessary by the Village
Board, to protect the public health, safety and welfare of the Village,
any conditions and requirements for the applicant to meet. The approved
plan and the related attachments shall be deemed an amendment to this
chapter and shall serve as continuing land use controls for the specific
Special Development District; the first zoned SDD shall be designated
"SDD 1," with consequent unrelated developments districts to be numbered
in continuing sequence.
[e]
Annual review of SDD. During the
development stages the Village Board shall review the SDD annually
in order to determine the amount and quality of the progress made
by the developer toward fulfilling the specifications and plans and
any attached conditions. Based upon the progress made by the developer,
the Village Board may reconsider the SDD and further amend this chapter
in relation to it, if progress is not in keeping with the staging
approved by the Village Board.
[f]
Minimum plan requirements. In order
for the Village Board to adequately evaluate the SDD proposal, the
application (in its plan and written report form) shall address the
following areas, and the information shall be furnished therein in
a reasonably complete manner.
[i]
Project particulars. Shall include
the name and location of the project; name(s) and address(es); a legal
description of the property; the names of the owners of abutting properties.
[ii]
Type of development. The type
of development shall be fully described, including at least the following
information:
[A]
Residential. Total acreage of residential
area and each residential portion of the development; total number
of dwelling units and number in each residential portion percentage
and number of dwelling units by type (single-family, garden apartments,
townhouses, etc.); dwelling unit; density per gross site acreage;
estimated population of the development and estimated number of school
age children.
[B]
Commercial. Total acreage of commercial
area; gross leasable floor area in square feet; general description
of commercial types and their general requirements for receiving and
delivering goods.
[C]
Industrial. The total acreage of
industrial area; types of industry and industrial processes involved;
source, type, general quantities and method of shipment for raw materials;
general quantities and method of shipment for products; types of wastes
and residuals.
(3)
Stage of development. Description of plan and in written
report of the planned staging of the project (and such staging may
be required).
(4)
Natural site. A description of the natural site shall
be included with at least the following information: soil characteristics
and limitations; extent of and treatment intended for the site's vegetative
cover (especially trees); topographical features (on topographic map
at ten-foot contour intervals); existing and proposed site drainage;
foreseeable needs of the site for construction precautions; the projected
effects upon the ground and surface waters of the site and community;
possible air pollution hazards.
(5)
Site planning and design considerations. Descriptions
and illustrations of the following: site ingress and egress; parking;
on-site pedestrian and vehicular circulation; general landscaping
treatment; general location and arrangement of buildings and other
structures; refuse storage and removal facilities; locations of all
facilities, including public and private; and general visual description.
(6)
Transportation and traffic. Descriptions of at least
the following: existing streets serving the area; level of service
provided by existing streets in terms of traffic counts and street
traffic capacities; expected modifications for existing street system
required by project; estimated daily automobile trips generated by
the residential and other uses; availability of public transportation
to site; design consideration for deterring on-site and area traffic
congestion.
(7)
General market information. Describe the need for
the proposed land uses; their proposed locations and their proposed
quantities; and the intended market structure for the residential
units (prices and rents, describe whether low-income, middle-income,
luxury, etc.)
(8)
Projected fiscal impacts on Village. Calculations
of projected Village revenues and costs to be expected by the Village
as a result of the proposed development.
(9)
Utilities and related services. Describe the following
and detail their intended locations on the plan(s): the method and
projected quantities of wastewater (sewage) from the development;
demand and source of supply for water; level of service needed and
available for fire protection; demands for and availability of gas
and electric; projected quantities of and method of disposal for solid
wastes.
(10)
General effects of development on neighborhood
and community appearance and land use. Description of effects on the
appearance; relationship of project to predominant character and land
use in area (compatibility).
(11)
Relationship of proposed SDD to official Village
and county development policies. Information on how the proposed SDD
relates to the local and area wide goals and policies as stated in
plans and regulations.
(12)
Development, operation and maintenance of open
space and common properties. A general statement concerning the responsibility
for these and proposed methods for their implementation.
(13)
Developer competence. Evidence in the applicant's
behalf to demonstrate his competence to carry out plan and his awareness
of the scope of the project, physical/financial.
(14)
Other. Any other such information as the Village
Board deems to be reasonably pertinent to the adequate consideration
and evaluation of the proposed project.
(15)
Design standards and specific requirements.
When an SDD has been approved by the Village Board, the Planning Board
shall conduct such project specific reviews as may be necessary. These
shall include determination of compliance with such special conditions
enumerated in this chapter as are made applicable to the SDD under
consideration.
D.
Other. The Planning Board shall have such other powers
and duties as specified within this law, Laws of the State of New
York and as conferred by the Village Board of Fair Haven.
In exercising the above-mentioned powers, the
Board may, in conformity with the provisions of this chapter, reverse
or affirm, wholly or partly, or may modify the order, requirements,
decision or determinations, including a stop order or orders to cease
and desist as ought to be made. Notice of such decision shall forthwith
be given to all parties in interest.
Appeals to the Board of Appeals may be taken
by any person or official aggrieved or affected by any provision of
this chapter or by any decision, including any order to stop, cease
and desist issued by the Zoning Officer in enforcing the provisions
of this chapter.
A.
General rules and procedures for appeals and applications
(1)
Any appeal shall be made by filing the same with the
Zoning Officer within 30 days after the date of the Zoning Officer's
adverse decision.
(2)
All appeals and applications made to the Board shall
be in writing on standard forms prescribed by the Board.
(3)
All appeals and applications shall refer to the specific
provisions of this chapter involved.
(4)
All appeals and applications shall set forth names
and addresses of all adjoining owners, including those across public
roads from the subject property.
B.
Appeals from alleged error. Appeals form alleged error
of the Zoning Officer shall specify the alleged error, the section
or sections of this chapter to which it pertains and the interpretations
thereof that is claimed.
C.
Variance appeal. Appeals for variance from the strict
application of this chapter shall include the zoning permit application
denied by the Zoning Officer, together with a statement with any supporting
evidence regarding the requirements listed.
D.
Special permit applications. Applications for special
permits shall include a zoning permit application with all information
required therein and a statement with any supporting evidence regarding
the merits of the proposed use at the proposed location and how the
proposal complies with the general and specific requirements of this
chapter.
The Board of Appeals may request an advisory
opinion from the Planning Board on all applications. The Planning
Board will submit a report of such advisory opinion prior to the date
of the public hearing held by the Board on an application.
Any person or persons jointly or severally aggrieved
by a decision of the Board of Appeals or any officer, department,
board or bureau may apply to the Supreme Court for review by a proceeding
under Article 78 of the Civil Practice Law and Rules. Such proceeding
shall be instituted within 30 days after the filing of a decision
in the office of the Clerk.
Appeals and applications before the Board of
Appeals shall be accompanied by a payment to the Village in accordance
with a fee schedule adopted by resolution of the Trustees upon enactment
of this chapter or as such schedule may be amended by resolution.[1]
[1]
Editor's Note: The currently effective fee
schedule is on file in the office of the Village Clerk, where it may
be examined during regular business hours.
The Boards shall refer variance and special
permit applications to the County Planning Board in accordance with
§§ 239-1 and 239-m of the New York State General Municipal
Law.
