Article V Administration, Interpretation and Enforcement

In addition to any other notice requirement, the Village Clerk shall give notice of any application made under this section for special use permit approval by mailing, within 10 days following the date of filing such application with the Village Clerk, written notices of the substance of such application to all the owners of land lying within a distance of 300 feet of the exterior boundaries of the premises for which such application is made as their names and addresses appear on the latest completed assessment roll of the Village. The Village Clerk shall also give notice of any application made under this section by mailing, at least five days prior to the public hearing upon such application, written notices of the substance of the application and the date, time and place of the public hearing to all the owners of land lying within a distance of 300 feet of the exterior boundaries of the premises for which such application is made as their names and addresses appear on the latest completed assessment roll of the Village. It shall be the applicant's responsibility to initially furnish such names and addresses to the Village Clerk for verification and mailing. Notwithstanding the foregoing, failure to comply with this notice provision shall not invalidate any action taken by the Village Board.

[Added 11-9-2004 by L.L. No. 5-2004[1]]

Editor's Note: This local law also renumbered former Subsection A(2) as A(3), which follows.

The submission of applications, plans and related materials for special use permits shall be governed by the procedure pertaining to site development plan submissions under this chapter as they may be applicable.

Standards for special use permits.

The proposed use will not be inconsistent with any provision of this chapter or with other ordinances of the Village.

The proposed use will not create a hazard to public health, safety, morals or the general welfare.

The use will not be detrimental to the neighborhood or to the residents thereof.

The use will not alter the essential character of the area.

The special use shall not conflict with any Master Plan, or part thereof, which has been adopted by the Village.

(6)

No special use permit shall be issued for a special use for a property where there is an existing violation of this chapter.

Automotive service station, car wash and commercial garage. In addition to the above regulations which shall apply to all special uses, the following regulations shall apply to automotive service stations, car washes and commercial garages:

Minimum lot size for an interior lot: 10,000 square feet; minimum lot size for a corner lot: 12,000 square feet.

No building shall be constructed on an interior or corner lot nearer than 35 feet from the street lot line, nearer than 15 feet from a rear lot line or nearer than 20 feet from a side lot line. Where the site adjoins a Residential R-1 or R-2 District, no building shall be constructed nearer than 25 feet from a rear lot line or a side lot line.

No fuel tank shall be installed on a lot nearer than 35 feet from a street lot line or residential lot line. No fuel pump shall be placed nearer than 20 feet from a street lot line.

Buildings shall not occupy more than 15% of the lot.

No entrance or exit shall be within 50 feet of a residential district.

Multiple dwellings. In considering whether or not a special use permit shall be issued, the following regulations shall apply to multiple dwellings in addition to the standards set forth in Subsection B above:

The following structures and uses shall be permitted:

Multiple-family dwellings.

Accessory structures and uses incidental to multiple-family dwellings, including garages, coin-operated laundries, lockers or additional storage space in basements, clubs and lounges, swimming pools and other recreational facilities for occupants only.

Site size.

The site shall consist of the total area to be used for the multiple-family development. It shall be no more than 10 contiguous acres.

Minimum usable site space per dwelling unit.

	Number of Bedrooms per Dwelling Unit	Usable Site Space per Dwelling Unit (square feet)
	0-1	4,000
	2	5,000
	3	7,000
	4	8,000

Lot width at street lot line: 200 feet minimum.

Minimum yard requirements:

Setback from street lot line: 50 feet.

Side and rear yard widths: width equal to the height of the building, but in no case less than 30 feet.

Space between buildings, blank wall to blank wall: 30 feet; window to facing blank wall: 30 feet; window to visible window: 40 feet.

Building requirements.

Building length. Buildings may be offset as desired, provided that for buildings longer than 60 feet at least one offset of four feet or more every 60 feet is required.

Building height. Not more than 35 feet or 2 1/2 stories, including basement or cellar, whichever is less.

Courts. If courts are to be used, the following minimums apply: open court, length not more than twice the minimum width; closed courts, average of width and length at least equal to building height above lowest window line measured from the bottom of the window.

Balcony. Where a balcony is to be used, it shall have not less than 20 square feet of area or at least 5% of the floor area of the dwelling unit, whichever is greater.

Private court. A private court, if used, shall have not less than 120 square feet of area or at least 12% of the floor area of the dwelling unit, whichever is greater.

Special provisions.

Parking of vehicles and traffic.

Parking. Parking spaces convenient to the dwelling units shall be provided as follows:

[Amended 6-27-1989 by L.L. No. 3-1989]

	Number of Bedrooms per Dwelling Unit	Parking Spaces per Dwelling Unit
	0-1	2
	2	2
	3	2
	4	2

Vehicle circulation. Separated entrances and exits for vehicles shall be provided. Provisions for smooth internal vehicle circulation shall be made, with storage space for snow which will not block parking spaces and with provision for access of emergency vehicles.

The design for vehicular ingress and egress to the site from a public highway and for interior streets shall meet with the approval of the Village Highway Superintendent and the Chief of the Fire Protection District in which the project is to be located.

Space utilization.

The finished floor level of all habitable rooms in every multiple-dwelling unit shall be at least one foot above finished grade level as measured at the building wall. Dwelling units wholly or partially below ground level shall be prohibited.

Recreational areas. Recreational areas shall be provided in the ratio of 5% of the usable site space for zero- to one- and two-bedroom dwelling units and 10% of the usable site space for three and four-bedroom dwelling units.

Upon presentation of a proposed plan for multiple dwellings which utilizes a slope or slopes in excess of 15% as finally graded, the Village Board may, in its discretion, waive in whole or in part the requirement that such slopes be classified as unusable site space and include such an area or areas as part of the usable site space for purposes of the particular design plan presented.

[4]

In no case shall the buildings, including dwelling units and accessory uses, exceed 20% of the usable site space without residents' garages and 25% with fully-enclosed residents' garages.

[5]

Accessory uses shall not exceed 7% of the total usable site space, excluding residents' garages. This provision may be waived in the discretion of the Village Board.

Screening and landscaping.

Architectural and landscape features suitable as a buffer shall be required to screen from the sight of adjacent properties and the street such things as, but not limited to, parking lots, drives, service facilities and such other features as shall be determined by the Village Board. The screen shall not impede or interrupt the flow of traffic on public rights-of-way or cause hazard to public safety.

Materials for use in a buffer screen may include, but not be limited to, evergreen plantings used alone or in conjunction with such architectural features as walls and fences of stone or masonry that may be ornamented with metal or wood configurations. The maximum height of such walls shall be six feet.

Landscaping that is subject to the approval of the Village Board shall be provided and maintained by the owner.

Miscellaneous. The Village Board shall, in reviewing applications for special use permits, give consideration to the suitability of design and type of the proposed construction, including mass, height, line, color and texture of materials to be used in relation to the surrounding and immediate neighborhood of the building site, in order that such proposed multiple-family dwelling will not adversely affect the desirability of immediate and surrounding areas.

Expiration of permit. A special use permit issued pursuant to this section shall expire if the use is discontinued for more than 12 months.

Waiver. Issuance of a special use permit shall not constitute a waiver of the requirement of compliance with the site development regulations as contained in § 99-37 of this chapter.

Swimming pools. In considering whether or not a special use permit shall be issued, the following regulations shall apply to swimming pools:

A site plan meeting all of the requirements of § 99-37 of this chapter shall be submitted.

Adequate provision must be made for parking. Accessory uses, such as bathhouses or cabanas and service buildings containing equipment for heating and filtration, must be shown on plans.

The swimming pool will be required to meet all regulations of the Onondaga County Health Department with respect to other than private residential pools.

Drive-through use regulations. In addition to other pertinent standards, the following additional factors shall be evaluated in considering action on a special use permit for a drive-through use:

[Added 1-13-1998 by L.L. No. 3-1998]

Traffic safety.

Adequacy of provision for vehicles to exit off and to return to public streets.

Safe entry and exit with particular emphasis on minimizing curb cuts.

Proper parking, which allows for convenience and safety.

Adequacy of stacking or queuing lanes.

Pedestrian safety.

Hours of operation.

The need for buffers, especially when situated near residential structures.

§ 99-28 Nonconforming buildings, structures and uses.

The location of the service window, booth or other like arrangement, provided that in no case shall it be located on any building facade which faces a public street.

(6)

Offensive noises, odors and the like.

The lawful use of any building, structure or land existing at the time of the enactment of this chapter, or at the time of any amendment to this chapter, may be continued, although such use does not conform to the provisions of this chapter, or any amendment to this chapter, subject to the limitations on nonconforming signs contained in § 99-25J of this chapter and on swimming pools contained in § 99-22G(7) of this chapter.

[Amended 12-13-2022 by L.L. No. 3-2022]

Unsafe structures. Subject to the other provisions of this section, any structure or portion thereof declared unsafe by a proper authority may be restored to a safe condition.

Alterations. A nonconforming building may not be reconstructed or structurally altered during its life to an extent exceeding in aggregate cost 1/2 the current assessed value of the building unless said building is changed to a conforming use.

[Amended 8-24-1982 by L.L. No. 4-1982]

Extension. A nonconforming use shall not be extended, but the extension of a lawful use to any portion of a nonconforming building which existed prior to the enactment of this chapter shall not be deemed the extension of such nonconforming use.

Construction approved prior to the effective date of this chapter. Nothing herein contained shall require any change of plans, construction or designated use of a building for which a building permit has been issued prior to the effective date of this chapter.

Restoration. No building damaged by fire or other causes to the extent of more than 1/2 its current assessed value shall be repaired or rebuilt except in conformity with the regulations of this chapter.

[Amended 8-24-1982 by L.L. No. 4-1982]

Discontinuance. Whenever a nonconforming use has been discontinued for a period of one year, such use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of this chapter.

Changes. Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use.

Displacement. No nonconforming use shall be extended to displace a conforming use.

§ 99-29 Duties of Codes Enforcement Officer.

[Amended 11-11-1986 by L.L. No. 4-1986; 9-14-1999 by L.L. No. 2-1999]

This chapter shall be enforced by a Codes Enforcement Officer appointed by the Village Board and serving at its pleasure. The Codes Enforcement Officer shall:

Enforce and administer the New York State Uniform Fire Prevention and Building Code (Uniform Code) in conjunction with the Fire Inspector.

Conduct construction inspections where a building permit has been issued pursuant to § 99-30, prior to enclosing or covering and upon completion of each stage of construction, including but not limited to the foundation, the structural elements (e.g., framing and superstructure), the electrical and plumbing systems, the fire prevention and detection systems and exit features for compliance with the Uniform Code. The owner or applicant shall be responsible for notifying the Codes Enforcement Officer that the work is ready for inspection.

Conduct inspections for compliance with the Uniform Code prior to issuance of a certificate of occupancy, where required under § 99-31.

Conduct inspections in response to bona fide complaints regarding conditions or activities allegedly failing to comply with building code provisions of the Uniform Code.

Conduct any other inspections required by this chapter and as otherwise directed by the Mayor and report to the Mayor for appropriate enforcement action all known violations of this chapter.

Provide forms and applications for building permits, sign permits and certificates of occupancy.

Receive and grant or deny applications for building permits, sign permits and certificates of occupancy.

Maintain a record of all permits, certificates and fees charged and collected and, upon request, furnish copies of such certificates and permits to persons having a proprietary or tenancy interest in the subject building or structure.

Issue stop-work orders pursuant to § 99-29A.

[Added 2-11-2014 by L.L. No. 1-2014]

Issue appearance tickets for any violation of the Uniform Code or this chapter pursuant to Chapter 3, Appearance Tickets, of this Code.

[Added 2-11-2014 by L.L. No. 1-2014]

§ 99-29.1 Stop-work orders.

[Added 2-11-2014 by L.L. No. 1-2014]

Authority to issue. The Codes Enforcement Officer is authorized to issue stop-work orders pursuant to this section. The Codes Enforcement Officer shall issue a stop-work order to halt:

Any work that is determined by the Codes Enforcement Officer to be contrary to any applicable provision of the Uniform Code, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work; or

Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Codes Enforcement Officer, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work; or

Any work for which a building permit is required which is being performed without the required building permit, or under a building permit that has become invalid, has expired, or has been suspended or revoked.

Content of stop-work orders. Stop-work orders shall be in writing, be dated and signed by the Codes Enforcement Officer, state the reason or reasons for issuance, and, if applicable, state the conditions which must be satisfied before work will be permitted to resume.

Service of stop-work orders. The Codes Enforcement Officer shall cause the stop-work order, or a copy thereof, to be served on the owner of the affected property (and, if the owner is not the permit holder, on the permit holder) personally or by certified mail. The Codes Enforcement Officer shall be permitted, but not required, to cause the stop-work order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work affected by the stop-work order, personally or by certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the stop-work order.

Effect of stop-work order. Upon the issuance of a stop-work order, the owner of the affected property, the permit holder and any other person performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the stop-work order.

Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under Article V of this chapter or under any other applicable chapter or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.

§ 99-30 Building permits.

No building or structure shall be erected, added to or structurally altered until a permit therefor has been issued by the Codes Enforcement Officer. Except upon a written order of the Board of Zoning Appeals, no such building permit or certificate of occupancy shall be issued for any building or structure where said construction, addition or alteration or use thereof would be in violation of any of the provisions of this chapter. Notwithstanding the foregoing, if such erection or alteration includes construction or alteration of any exterior foundation wall or member, no further construction beyond placement and erection of the foundation for such wall or member shall be undertaken until a survey, showing the exact location of the new foundation relative to the boundaries of the lot on which it is situated, prepared and certified as accurate by a licensed land surveyor, is submitted to and approved in writing by the Codes Enforcement Officer; provided, however, that in lieu of such survey, the Codes Enforcement Officer is authorized to accept such other evidence as to the location of the new foundation as he shall deem reliable.

[Amended 4-25-1989 by L.L. No. 1-1989; 6-26-1990 by L.L. No. 5-1990; 9-14-1999 by L.L. No. 2-1999]

There shall be submitted with all applications for building permits two copies of a layout or plot plan drawn to scale showing the actual dimensions of the lot to be built upon, the exact size and location on the lot of the building and accessory buildings to be erected, added to or structurally altered, the proposed drainage of the lot and such other information as may be necessary to determine and provide for the enforcement of this chapter.

One copy of such layout or plot plan shall be returned when approved by the Codes Enforcement Officer, together with such permit, to the applicant upon the payment of the fee required by § 99-33 of this chapter.

[Amended 9-14-1999 by L.L. No. 2-1999]

Applicants for building permits shall comply with the site development regulations when so required by § 99-37 of this chapter. A building permit shall be effective to authorize the commencing of work in accordance with the application, plans and information on which it is based for a period of 12 months after the date of its issuance. Notwithstanding the foregoing, a building permit authorizing residential construction shall be valid only for a period of six months from the date of issuance, except that such permit may be extended, upon a showing of good cause, for a maximum of two three-month periods upon application to the Codes Enforcement Officer. Failure to complete construction during such period of validity shall result in the applicable permit being deemed null and void, and any further construction shall require a new application for a building permit under the applicable provisions of law.

[Amended 11-26-1991 by L.L. No. 1-1991; 9-14-1999 by L.L. No. 2-1999]

§ 99-30.1 Operating permits.

[Added 2-11-2014 by L.L. No. 1-2014]

Operating permits required.

Operating permits shall be required for conducting the activities or using the categories of buildings listed below:

Manufacturing, storing or handling hazardous materials in quantities exceeding those listed in Table 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitled "Fire Code of New York State" and incorporated by reference in 19 NYCRR 1225.1;

Hazardous processes and activities, including, but not limited to, commercial and industrial operations which produce combustible dust as a byproduct, fruit and crop ripening, and waste handling;

Use of pyrotechnic devices in assembly occupancies;

Buildings containing one or more areas of public assembly with an occupant load of 100 persons or more; and

Buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Town Board of this Town.

Any person who proposes to undertake any activity or to operate any type of building listed in this Subsection A shall be required to obtain an operating permit prior to commencing such activity or operation.

Applications for operating permits. An application for an operating permit shall be in writing on a form provided by or otherwise acceptable to the Codes Enforcement Officer. Such application shall include such information as the Codes Enforcement Officer deems sufficient to permit a determination by the Codes Enforcement Officer that quantities, materials, and activities conform to the requirements of the Uniform Code. If the Codes Enforcement Officer determines that tests or reports are necessary to verify conformance, such tests or reports shall be performed or provided by such person or persons as may be designated by or otherwise acceptable to the Codes Enforcement Officer, at the expense of the applicant.

Inspections. The Codes Enforcement Officer or an inspector authorized by the Codes Enforcement Officer shall inspect the subject premises prior to the issuance of an operating permit.

Multiple activities. In any circumstance in which more than one activity listed in Subsection A of this section is to be conducted at a location, the Codes Enforcement Officer may require a separate operating permit for each such activity, or the Code Enforcement Officer may, in his or her discretion, issue a single operating permit to apply to all such activities.

Duration of operating permits. Operating permits shall remain in effect until reissued, renewed, revoked, or suspended.

Revocation or suspension of operating permits. If the Codes Enforcement Officer determines that any activity or building for which an operating permit was issued does not comply with any applicable provision of the Uniform Code, such operating permit shall be revoked or suspended.

Fee. The fee specified in or determined in accordance with the provisions set forth in § 99-33, Fees, of this chapter must be paid at the time of submission of an application for an operating permit, for an amended operating permit, or for reissue or renewal of an operating permit.

§ 99-31 Certificates of occupancy.

[Amended 11-11-1986 by L.L. No. 4-1986]

No land shall be occupied or used and no building or structure hereafter erected, altered or extended shall be used or changed in use, including but not limited to changes from one general occupancy classification to another, as such classifications are defined in Part 701 of Title 9 of the New York Codes, Rules and Regulations, until a certificate of occupancy shall have been issued by the Codes Enforcement Officer, stating that the buildings and proposed land use comply with the provisions of this chapter, including, without limitation, the site development regulations, and with the provisions of Chapter 38, Buildings, Article II, Unsafe Buildings.

[Amended 9-14-1999 by L.L. No. 2-1999]

All certificates of occupancy shall be applied for coincident with the application for a building permit. Said certificate shall be issued within 10 days after erection or alteration shall have been approved as complying with the provisions of this chapter and upon certification by the builder that he has fully complied with all the provisions of this chapter.

The Codes Enforcement Officer shall maintain a record of all certificates and of any fees charged and collected in relation to them, and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building affected.

[Amended 9-14-1999 by L.L. No. 2-1999]

No permit for excavation for or the erection or alteration of or repairs to any building shall be issued until an application has been made for a certificate of occupancy.

§ 99-32 Board of Zoning Appeals.

[Amended 6-23-1992 by L.L. No. 2-1992]

Creation, appointment and organization. A Board of Zoning Appeals (the "Board") is hereby created. The Board shall consist of five members appointed by the Village Board of Trustees, which shall also designate one such member to serve as Chairperson of the Board. The Board shall appoint a Secretary and shall prescribe rules for the conduct of its affairs consistent with state law and this chapter.

Powers and duties. The Board shall have all the power and duties prescribed by law and by this chapter, which are more particularly specified as follows:

Interpretations, requirements, decisions and determinations. The Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination appealed from and shall make such order, requirement, decision, interpretation or determination as in its opinion ought to have been made in the matter by the administrative official charged with the enforcement of this chapter, and to that end shall have all the powers of the administrative official from whose order, requirement, decision or determination the appeal is taken.

Use variances.

The Board, on appeal from the decision or determination of the administrative officer charged with the enforcement of this chapter, shall have the power to grant use variances authorizing a use of the land which otherwise would not be allowed or would be prohibited by the terms of such chapter.

No such use variance shall be granted by the Board without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship the applicant shall demonstrate to the Board that under applicable zoning regulations the applicant is deprived of all economic use or benefit from the property in question, which deprivation must be established by competent financial evidence; that the alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood; that the requested use variance, if granted, will not alter the essential character of the neighborhood; and that the alleged hardship has not been self-created.

The Board, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proved by the applicant and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.

Area variances.

The Board shall have the power, upon an appeal from a decision or determination of an administrative official charged with the enforcement of this chapter, to grant area variances from the area or dimensional requirements of such chapter.

In making its determination, the Board shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the Board shall also consider: whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance; whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance; whether the requested area variance is substantial; whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or zoning district; and whether the alleged difficulty was self-created; which consideration shall be relevant to the decision of the Board but shall not necessarily preclude the granting of the area variance.

The Board, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.

Imposition of conditions. The Board shall, in the granting of both use variances and area variances, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property and/or the period of time such variance shall be in effect. Such conditions shall be consistent with the spirit and intent of this chapter and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.

[Amended 7-13-1993 by L.L. No. 2-1993]

Procedure.

Applications and appeals. The Board shall act in strict accordance with the procedure specified by law and by this chapter. All appeals and applications made to the Board shall be in writing, on forms prescribed by the Board. Every appeal or application shall refer to the specific provision of the chapter involved and shall exactly set forth the interpretation that is claimed or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be.

Hearings and decisions. The Board shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the parties. A notice shall be published in the official Village newspaper at least five days before the holding of the public hearing. Every decision of the Board shall be by resolution, each of which shall contain a full record of the findings of the Board in the particular case. The Board shall render decisions within 62 days after the final hearing.

[Amended 11-26-1996 by L.L. No. 4-1996]

Notice. In addition to the notice required by statute, the Village Clerk shall give notice of any application made under the provisions of this section by mailing, at least five days prior to the hearing upon such application, written notices of the substance of the application and the date, time and place of the hearing to all the owners of land lying within a distance of 300 feet of the exterior boundaries of the premises for which said application is made, as the names and addresses of said owners appear on the latest completed assessment roll of the Village, but failure to comply with this subsection shall not invalidate any action taken by the Board.

[Amended 4-9-2002 by L.L. No. 1-2002]

Article 78 proceeding; application to Supreme Court by aggrieved persons. Pursuant to Village Law § 7-712c, as it may be amended, any person aggrieved by any decision of the Board 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 of the Board in the office of the Village Clerk.

§ 99-33 Fees.

All fees upon application or petition required by this chapter shall be established, from time to time, by resolution of the Village Board of Trustees.[1]

§ 99-34 Penalties for offenses; complaints.

Editor's Note: For current fees, see Ch. A102, Fees.

Any person committing an offense against any provision of this chapter shall be punishable as provided in Chapter 1, General Provisions, Article II.

[Amended 8-24-1982 by L.L. No. 4-1982]

Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the Codes Enforcement Officer, who shall properly record such complaint and immediately investigate and report thereon to the Village Board of Trustees.

[Amended 9-14-1999 by L.L. No. 2-1999]

Appropriate actions and proceedings may be taken at law or in equity to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to prevent illegal acts, conduct or business in or about any premises; and these remedies shall be in addition to the penalties described in the preceding subsections.

§ 99-35 Amendment procedure.

The Village Board may from time to time on its own motion, on petition or on recommendation of the Planning Board amend, supplement or repeal the regulations and provisions of this chapter in accordance with applicable provisions of law. Every such proposed amendment or change, whether initiated by the Village Board or by petition, shall be referred to the Planning Board for report thereon before the public hearing.

In addition to any other notice requirement, where the Zoning Map is proposed to be changed, the Village Clerk shall give notice of any such proposed change to all the owners of land lying within a distance of 300 feet of the exterior boundaries of the particular premises subject to the proposed change. Such notice shall be given, within 10 days following the date of filing with the Village Clerk of an application for such change, by mailing written notices of the substance of such application to such owners as their names and addresses appear on the latest completed assessment roll of the Village. The Village Clerk shall also give notice of any application made under this section by mailing, at least five days prior to the public hearing upon such application, written notice of the substance of the application and the date, time and place of the public hearing to all the owners of land lying within a distance of 300 feet of the exterior boundaries of the premises for which such application is made as their names and addresses appear on the latest completed assessment roll of the Village. It shall be the applicant's responsibility to initially furnish such names and addresses to the Village Clerk for verification and mailing. Notwithstanding the foregoing, failure to comply with this notice provision shall not invalidate any action taken by the Village Board.

[Added 2-27-1990 by L.L. No. 2-1990; amended 4-9-2002 by L.L. No. 1-2002; 11-9-2004 by L.L. No. 5-2004]

§ 99-36 Disclosure of interest by applicants.

Every applicant for a variance, change of zone, approval of a plat, exemption from a plat or Official Map or any other license or permit granted pursuant to the provisions of this chapter or Chapter 87, Subdivision of Land, shall certify the name, residence and the nature and extent of the interest of any state officer or any officer or employee of the Village of Manlius, Town of Manlius or County of Onondaga in the person, partnership, corporation or association making such application, petition or request to the extent known to such applicant.

For the purpose of this section, an officer or employee shall be deemed to have an interest in the applicant when he, his spouse or their brothers, sisters, parents, children, grandchildren or the spouse of any of them:

Is the applicant;

Is an officer, director, partner or employee of the applicant;

Legally or beneficially owns or controls stock of a corporate applicant or is a member of a partnership or association applicant; or

Is a party to an agreement with such an applicant, express or implied, whereby he may receive any payment or other benefit, whether or not for services rendered, dependent or contingent upon the favorable approval of such application, petition or request.

Ownership of less than 5% of the stock of a corporation whose stock is listed on the New York or American Stock Exchanges shall not constitute an interest for the purposes of this section.

A person who knowingly and intentionally violates this section shall be guilty of a misdemeanor.

§ 99-37 Site development regulations.

Procedure. Whenever any structure is proposed to be constructed in any zone, except one-family dwellings and accessory structures in R-1 and R-2 Zones or two-family dwellings and accessory structures in an R-2 Zone, or when any structure in a commercial or industrial zone is proposed to be constructed, added to or modified, or any structure in a residential zone which is used in whole or in part for nonresidential purposes is proposed to be added to or modified, the owner of the land on which such proposed or existing structure is located shall submit a site development plan to the Planning Board in accord with the procedures and requirements set forth below. No building permit shall be issued until approval of the site development plan by the Planning Board. The Planning Board, in its discretion, may waive any of the requirements and procedures of the site development regulations. Whenever the proposed construction will cause a change in the Village Map, relocation or widening of streets or construction of new streets or utilities to be dedicated to the Village, the Village Board will conduct a public hearing and otherwise proceed in accordance with the applicable provisions of the Village Law. The Village Clerk shall give notice of any application made under this section for site development plan approval by mailing, within 10 days following the date of filing of such application with the Village Clerk, written notices of the substance of such application to all the owners of land lying within a distance of 300 feet of the exterior boundaries of the premises for which such application is made as their names and addresses appear on the latest completed assessment roll of the Village. It shall be the applicant's responsibility to initially furnish such names and addresses to the Village Clerk for verification and mailing. Notwithstanding the foregoing, failure to comply with this notice provision shall not invalidate any action taken by the Planning Board.

[Amended 2-27-1990 by L.L. No. 2-1990; 4-9-2002 by L.L. No. 1-2002]

Preliminary site development plan.

The applicant shall submit to the Planning Board, in duplicate, an application for a building permit in the form provided by the Village and, in duplicate, a preliminary site development plan containing the information and material required by Subsection B below. The Planning Board will arrange for a meeting with the applicant within 30 days from the date of submission of the application.

The Planning Board will discuss the preliminary site development plan with the applicant at a regular meeting of the Board.

Within 62 days from the date of a completed submission, the Planning Board shall take action to approve, approve with modifications or disapprove the preliminary site development plan, and the grounds for disapproval or required modifications shall be stated upon the records of the Planning Board. The Planning Board shall inform the applicant and the Village Board, in writing, of its action.

[Amended 7-13-1993 by L.L. No. 2-1993]

Approval of a preliminary site development plan shall not constitute approval of the final site development plan. Rather, it shall be deemed an expression of approval as a guide to be duly followed in the preparation of the final site development plan to be submitted by the applicant for approval and recordation upon fulfillment of the requirements of these regulations and the conditions of approval imposed by the Planning Board, if any.

If the preliminary site development plan is approved or approved with modifications, the Planning Board shall authorize the applicant, in writing, to submit a final site development plan and will outline to the applicant the changes to be required.

Approval of a preliminary site development plan shall expire six months from the date of approval. An extension of six months may be granted by the Planning Board upon application. Such application for extension may be approved for good cause shown.

Final site development plan.

At least seven days prior to the Planning Board meeting at which the final site development plan is to be presented, the applicant shall submit to the Planning Board three copies of the final site development plan and all required supplementary material as in Subsection C below. This material shall be received by the Planning Board within six months of approval of the preliminary site development plan unless an extension of time is applied for and granted by the Planning Board. The Planning Board shall act to approve, approve with modifications or disapprove the final plan within 62 days of submission.

[Amended 7-13-1992 by L.L. No. 2-1993]

The Planning Board may, in its sole discretion, require a performance bond or certified check or other adequate security in an amount to be determined by the Planning Board to guarantee that the premises, building and grounds will be developed in conformity with the final site development plan as approved by the Planning Board before issuance of a building permit.

The developer shall complete, in accordance with the Planning Board's decision, to the satisfaction of a licensed professional engineer and any other official or body authorized by law to act, all the improvements specified in the applicable provisions of the Village Law and not specifically waived by the Planning Board.

The Planning Board shall require a certificate from the licensed professional engineer or other designated official as to the satisfactory character of improvements completed and an opinion from the Village Attorney as to the adequacy of any bond or other security which may be required. The developer shall tender offers of cession, in a form certified as satisfactory by the Village Attorney, of all land included in streets, highways or parks not specifically reserved by him, but approval of the site development plan by the Planning Board shall not constitute an acceptance by the Village of the dedication of any street, highway, utility, park or other public open space.

Upon approval of a final site development plan, at least two copies of the plan shall be signed by the Planning Board Chairman and Mayor. Unless specifically waived by the Planning Board, the applicant shall file one copy with the Onondaga County Clerk, shall thereafter provide the Planning Board with a certified copy of the plan as filed and shall supply three Mylar or linen copies of the certified final plan reduced to a size of 11 inches by 17 inches to the Village Clerk.

[Amended 7-13-1993 by L.L. No. 2-1993]

The Code Enforcement Officer may grant the applicant a building permit only following final approval of the final site plan by the Planning Board and filing of such final site plan with the Village Clerk.

[Amended 7-13-1993 by L.L. No. 2-1993]

(g)

In the event of disapproval of the final site development plan, the grounds for such disapproval shall be stated in the records of the Planning Board, and a copy of the decision shall be sent to the applicant.

Preliminary site development plan requirements. The information to be submitted and which constitutes a preliminary site development plan is as follows:

Existing conditions data, except where otherwise specified by the Planning Board.

Land title deed description according to current official records and any covenants, deeds or special restrictions of the land.

Names of owners of record of all property within 200 feet of all boundaries of the property.

Present zoning of the property and within 200 feet of all boundaries of the property.

Survey of property boundaries, noting all pertinent bearings and distances, acreage, scale, North point, datum, benchmarks and date of survey, made and certified by a registered land surveyor. The survey shall be prepared at one of the following scales: site: zero to 10 acres, one inch to 50 feet; or 10 or more acres, one inch to 100 feet. The survey shall include, where applicable and to true scale, dimensions, name, size and purpose of public and private easements, public right-of-way, sanitary and storm utilities and services for the property. If no utilities or services exist on the property, the direction, distance and size to the nearest utilities or services will be shown.

Location of existing buildings or other structures and all mature trees.

Topographic survey of the property based upon a datum plane as used by the Village Engineer. For land that slopes less than 2%, show spot elevations at all breaks in grade, along all drainage channels or swales and at selected points not more than 50 feet apart in all directions; for land that slopes 2% or more, show contours with an interval of not more than two feet with spot elevations at tops and toes of all slopes. The survey will also show the location and extent of watercourses, marshes, rock outcrops, wooded areas and other significant man-made or natural features.

Site development data.

Proposed land use and location of structures.

Proposed vehicular and pedestrian circulation, including off-street parking areas and capacities and loading areas.

Proposed planting, screening and lighting.

If the development is to be undertaken in stages, show intended construction sequences.

Location and size of all proposed public and private utilities and services.

Proposed grading of the site, showing existing contours as required and spot elevations necessary to show the proposed drainage plan.

(g)

Proposed floor plans and exterior elevations drawn to scale. Elevations shall include finished grades around the building; all architectural features, including doors, windows, lights, signs and equipment; and other pertinent information. Submission shall also include a roof plan showing all proposed utility equipment, typical sections, sight-line drawings or other drawings as required to clearly describe the proposed building; samples of exterior materials; and any other information as deemed necessary by the Planning Board to evaluate a building's architectural features.

[Added 9-8-1988 by L.L. No. 6-1988]

(h)

Areas for parks, playgrounds and/or other recreational uses, as may be deemed necessary by the Planning Board.

[Added 7-13-1993 by L.L. No. 2-1993]

(i)

A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 50, Stormwater Management and Erosion and Sediment Control. The SWPPP shall meet the performance and design criteria and standards in Chapter 50 of this Code, and the approved preliminary site plan shall be consistent with the provisions of Chapter 50.

[Added 12-18-2007 by L.L. No. 2-2007]

Final site development plan requirements. The information to be submitted and which constitutes a final site development plan is as follows:

The plan shall be prepared by a licensed architect, licensed engineer or licensed land surveyor and printed upon linen or canvas-backed paper or drawn with a pen and India ink upon tracing cloth and must be either 8 1/2 inches by 11 inches, 8 1/2 inches by 14 inches, 17 inches by 22 inches, 22 inches by 34 inches or 34 inches by 44 inches in size.

All changes and additional material as required by the Planning Board.

All information required under Subsection A(1) and (2) above of the preliminary site development plan.

If the site development plan is to be undertaken in stages, portions of the preliminary site development plan can be approved for final site development plan proceedings in stages.

A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 50, Stormwater Management and Erosion and Sediment Control, and with the terms of preliminary site development plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 50 of this Code, and the approved site plan shall be consistent with the provisions of Chapter 50.

[Added 12-18-2007 by L.L. No. 2-2007]

Findings required. The Planning Board, after determining that all requirements of this section dealing with the site development plan have been met, shall approve or disapprove the site development plan. In the disapproving of any site development plan, the Planning Board shall enter its reasons for such action in its records. The Planning Board may approve of a site development plan, provided that it is established that:

Any exception to the requirements of this chapter is warranted by the design and amenities incorporated in the site development plan.

The location and size of the use, the nature and intensity of the operations involved in and conducted in connection with it and the size with respect to existing and proposed streets giving access to it are such that it shall be in harmony with the appropriate and orderly development of the district in which it is located.

The location, architectural features, nature and height of buildings, walls and fences and the nature and extent of the landscaping on the site are such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.

[Amended 9-8-1988 by L.L. No. 6-1988]

Parking areas and loading spaces shall be of adequate size for the particular use and as specified in § 99-26 of this chapter, properly located and suitably screened from adjoining residential uses, if any, and the entrance and exit drives shall be laid out so as to achieve maximum safety.

Existing and proposed utility services are adequate for the proposed development as determined by the Village Engineer.

(6)

The Village Engineer shall approve streets and sidewalks shown on the site development plan, which must conform to Village specifications.

(7)

Each stage of the proposed development, as it is proposed to be completed, must contain the required parking spaces, planting, screening and lighting of utility areas necessary for creating a desirable environment and as approved by the Planning Board.

(8)

Operations in connection with any special use shall not be more objectionable to nearby properties by reason of noise, fumes, vibration or flashing of lights than would be the operations of any permitted use not requiring a special permit.

(9)

The development of the site shall be completed within the time specified by the Planning Board.

Architectural features.

[Added 9-8-1988 by L.L. No. 6-1988]

With specific reference to the architectural features of a proposed site development plan, it shall be the duty of the Planning Board to take into consideration the advice and recommendations of its advisors and otherwise to exercise aesthetic judgment and maintain the desirable character of the Village and prevent construction, reconstruction, alteration or demolition out of harmony with the existing buildings insofar as style, material, color, massing, line and detail are concerned; to discourage degeneration of property; to safeguard public health, safety and fire prevention; and to promote and preserve the beauty and historic character of the Village.

In the event that the Planning Board recommends disapproval of any site development plan due to architectural features, it must find that the structure or building which is the subject of the application would, if erected or altered, cause or contribute to one or more of the harmful effects set forth in § 99-40A by reason of:

Excessive similarity to any other structure existing or for which a permit has been issued, facing the same or intersecting street and within 500 feet of the proposed site, as measured along center lines of streets, in respect to one or more of the following features of exterior design and appearance:

Apparently identical front, side or other elevation from the street.

Substantially identical arrangement of either doors, windows, porticoes, garages, chimneys or other openings or breaks in the elevation facing the street.

Other significant identical features of design, such as but not limited to material, colors, roofline or other design elements, provided that a finding of excessive similarity shall state not only that such excessive similarity exists, but that it is of such a nature as to be reasonably expected to provoke one or more of the harmful effects set forth in § 99-40A; or

Excessive dissimilarity or inappropriateness in relation to any other structure existing or for which a permit has been issued, facing upon the same or intersecting street and within 500 feet of the proposed site as measured along center lines of streets, in respect to one or more of the following features of exterior design and appearance:

Materials and colors.

Roof structures, chimneys or exposed mechanical equipment.

Gross floor area.

[4]

Height of building or structure.

[5]

Cubical contents.

[6]

Other significant dissimilar or inappropriate features of design, provided that a finding of excessive dissimilarity or inappropriateness shall state not only that such excessive dissimilarity or inappropriateness exists, but that it is of such a nature as to be reasonably expected to provoke one or more of the harmful effects set forth in § 99-40A and that the finding is not based on personal preference as to taste or choice of architectural style.

Parks, open spaces and natural features. Areas for parks, playgrounds and other recreational uses shall be of reasonable size. No arbitrary percentage of area shall be insisted upon by the Planning Board, but in general, an applicant should set aside not less than 10% of the development area for these purposes. If the Planning Board determines that suitable parks, playgrounds or other recreation areas cannot be practically located on the preliminary and final site development plans, the Planning Board may require a payment to the Village for such park or recreational purposes. The Planning Board shall determine the amount of such payment.

[Added 7-13-1993 by L.L. No. 2-1993]

Documentation. The applicant shall submit to the Planning Board originals and copies of the application, site plan and other supporting data required under this § 99-37 in such number, format and content as may be determined from time to time by the Planning Board.

[Added 7-13-1993 by L.L. No. 2-1993]

All approved final site development plans relating to property located in a Commercial District or Commercial 1 District shall conform to the Commercial District Design Guidelines.[1]

[Added 1-13-1998 by L.L. No. 3-1998]

§ 99-39 Right to impose additional conditions.

Editor's Note: The Commercial District Design Guidelines are on file in the office of the Code Enforcement Officer.

§ 99-38 Interpretation of provisions.

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety or the general welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances the more restrictive or that imposing the higher standards shall govern.

Notwithstanding any other provision of this chapter, the Village Board, upon the enactment of a change of zone classification or upon the granting of a special use permit, may impose such reasonable conditions as will protect the character and harmony of adjacent zoning districts or which the Village Board may otherwise deem to be in the interest of public safety, welfare and convenience.

§ 99-40 Architectural review and advisory procedures.

[Added 9-8-1988 by L.L. No. 6-1988]

Policy; purpose.

The Village of Manlius hereby finds that inappropriateness and unacceptable quality of design, including excessive uniformity or dissimilarity in the exterior appearance of buildings or other structures erected or altered in the Village, can adversely affect the desirability of the immediate area and neighboring areas and, by so doing, can impair the benefits of occupancy of existing property in such areas, can impair the stability and value of both improved and unimproved real property in such areas, can prevent the most appropriate development and use of such areas, can produce degeneration of property in such areas with attendant deterioration of conditions affecting the health, safety, comfort and general welfare of the inhabitants thereof and can contribute to the diminution of the taxable value of real property in such areas and their ability to support municipal services provided therefor.