[HISTORY: Adopted by the Board of Trustees of the Village of Fairport 10-21-1975 by L.L. No. 5-1975 (Ch. 27 of the 1968 Code). Amendments noted where applicable.]
This chapter shall be known, cited and referred to as the "Village Landing Development District Local Law."
The Village of Fairport has undertaken an urban renewal program for the clearance and rebuilding of the downtown business area, said plan having been adopted on January 26, 1970. While traditional zoning regulations relating to the use of land and the design and construction of buildings are appropriate for use in areas that are already substantially developed, the Board of Trustees recognizes that such controls represent a type of preregulation, the rigidity and uniformity of which may be inimical to the implementation of the urban renewal plan, the essence of which is the clearance and total redevelopment of an area. Therefore, it is expressly found that the application of a rigid set of space requirements, along with bulk and use specifications, to the lands hereinafter described would frustrate the salutary goals and effects of the urban renewal plan adopted January 26, 1970, with respect to the redevelopment and rejuvenation of the downtown business area of the Village of Fairport.
[Amended 3-19-1980 by L.L. No. 2-1980]
There is hereby created within the Village of Fairport, Monroe County, State of New York, the Village Landing Development District, which district shall comprise the lands described in Schedules A and A-1 included by reference and made a part hereof. Said lands are hereby exempted from the application of Chapter 550, Zoning, of the Code of the Village of Fairport and Chapter 408, Signs, of the Code of the Village of Fairport, except as may be otherwise specifically provided herein, and may be devoted to use for trade, industry, residence or other purposes, as the same may be set forth on the site plan.
As used herein, the following terms shall have the meanings indicated:
- LAND USE
- The general classification of use of land into trade, industry, residence or other purposes, together with such qualification as may be required during site plan approval.
- The urban renewal plan adopted by the Board of Trustees of the Village of Fairport on January 26, 1970, as amended from time to time.
- PLANNING BOARD
- The Planning Board of the Village of Fairport, acting pursuant to Chapter 550 of the Code of the Village of Fairport, as amended from time to time.
- SITE DEVELOPMENT
- All improvements, whether subsurface, surface or above-surface (including air rights), to be built or exploited in connection with the village landing development.
- SITE PLAN
- Maps, documents, studies and other textual or graphic materials showing land use and site development.
- VILLAGE LANDING DEVELOPMENT
- Development approved for land use and site development within the Village Landing Development District as shown upon the final site plan and accompanying documents.
Insofar as is practicable, site plan review procedures shall conform to Article VI of Chapter 550 of the Code of the Village of Fairport, as amended from time to time.
Preliminary site plan approval. Application for preliminary site plan approval of all land use and site development within the Village Landing Development District shall be made to the Planning Board. When reviewing preliminary site plan documents, the Planning Board shall consider the degree to which the applicant has implemented the goals and objects of the plan. Approval or conditional approval by the Planning Board of the preliminary site plan shall mean approval of the variety and mixture of land uses and the general scope of site development, and shall constitute a referral to the Board of Trustees for the purpose of convening a public hearing thereon.
Public hearing before Board of Trustees. Within 30 days of the referral of the site plan to the Board of Trustees by the Planning Board, the Board of Trustees shall cause the publication of a notice of a public hearing to consider approval of said site plan for development within the Village Landing Development District. Such notice shall make reference to this chapter and specify the function of said site plan as a technique of regulating land use, and the height, area and bulk of structures in lieu of the provisions of Chapter 550, Zoning, of the Code of the Village of Fairport. After the public hearing, the Board of Trustees may approve said preliminary site plan, modify said site plan and approve the same as modified, or disapprove said site plan. The action of the Board of Trustees in approving said preliminary site plan, modifying said site plan and approving the same as modified, or disapproving said site plan, shall constitute the exercise of a legislative function. An approval or modification and approval of the preliminary site plan shall mean approval of the variety and mixture of land uses and the general scope of site development, and shall constitute a referral of said site plan to the Planning Board for final site plan proceedings.
Final site plan approval. The final site plan shall conform substantially to the preliminary site plan and incorporate all revisions or other features either recommended by the Planning Board at its preliminary review or required by the Board of Trustees in its resolution of approval or modification and approval. Notwithstanding any provisions of Chapter 550, Zoning, of the Code of the Village of Fairport and Chapter 408, Signs, of the Code of the Village of Fairport to the contrary, approval of the final site plan documents by the Planning Board shall constitute a direction to the Zoning Officer and Code Enforcement Officer to issue zoning, building and sign permits for the development shown thereon.
[Amended 3-19-1980 by L.L. No. 2-1980]
For the purpose of regulating the use and development of property after initial construction and occupancy, the Planning Board is hereby authorized to issue special permits for land use and site development not shown upon the final site plan documents. Each such change of land use or site development shall require the issuance of a special permit by the Planning Board and, in the case of a change of land use, the specific approval of the Board of Trustees. Each such application for a special permit shall be considered in light of the unique nature of the Village Landing Development District and the degree to which the proposed change is consistent with the intent and function of that district.
Any owner, lessee, contractor, agent or other person who uses or maintains or causes to be used or maintained any building or premises or any part thereof in the Village of Fairport for any purpose other than the uses permitted therefor in this chapter or who erects, enlarges, alters or maintains or causes to be erected, enlarged, altered or maintained any building or any part thereof in the Village except in conformity with the provisions of this chapter or who otherwise violates or causes to be violated any provision of this chapter shall, upon conviction, be subject to a fine not exceeding $250 for each such violation. Each day that such violation continues shall constitute a separate offense punishable by the foregoing.
If any said person fails to abate any said violation of this chapter within five calendar days after written notice has been personally served upon said person or within 10 days after written notice has been sent to said person by registered mail at his home or business address, said person shall be subject to a civil penalty of $250 for each and every day that said violation continues, recoverable by suit brought by the Village and to be retained by it.
The remedies provided for herein shall be cumulative and shall be in addition to any other remedies provided by law.