[Amended 12-18-2019 by Ord. No. 19-157]
The intent of this Article IX is to provide for the review of site plans for certain uses to preserve and enhance the character of neighborhoods, mitigate potentially negative impacts on traffic, parking, drainage and similar environmental concerns, and improve the overall aesthetic quality of the City.
[Amended 12-18-2019 by Ord. No. 19-157]
Any establishment of a land use or activity shall comply with the standards and procedures of this Article IX, except as provided by 410-45C.
[Amended 7-17-2013 by Ord. No. 13-49; 12-18-2019 by Ord. No. 19-157]
Those uses for which planning approval must be obtained in accordance with the provisions of this Article IX shall fall into one of the following categories:
A. 
Planning Commission Review and Approval: Approval from the Planning Commission pursuant to § 410-46 of this Article IX is required for:
(1) 
All new nonresidential construction of a principal use;
(2) 
All new nonresidential construction of an addition or accessory use in excess of 4,000 square feet;
(3) 
All new residential structures or conversion of an existing building to a residential structure of four units or more;
(4) 
All new residential structures or conversion of an existing building to a residential structure with three units or less, if any unit has five bedrooms or more;
(5) 
All uses requiring a special use permit;
(6) 
All uses which require a use variance;
(7) 
All uses which are Type I or Unlisted actions under SEQRA;
(8) 
As required by § 410-27 or § 410-29 of this chapter.
B. 
Administrative Planning Review and Approval.
(1) 
Administrative Planning Review and Approval is required for proposals that are Type II actions under SEQRA, that do not involve new construction, and that involve that group of land uses and activities which are permitted by right, will result in less than 4,000 square feet of gross floor area of the proposed use, and will have limited or no adverse effect on the physical, environmental, social or economic character of the surrounding neighborhood, including, but not limited to, effects on:
(a) 
Traffic volume.
(b) 
Site access.
(c) 
Parking.
(d) 
Internal circulation.
(e) 
Neighborhood noise levels.
(f) 
Green space (the proposed project will not have created a need for additional landscaping, screening, or buffering).
(g) 
Drainage.
(h) 
Hours of operation.
(i) 
Character of the neighborhood.
(j) 
Lighting.
(2) 
The Planning Department reserves the right to request that any application be reviewed and decided by the Planning Commission. In such case, the hearing provisions of § 410-39D shall be applied and the applicable requirements of Article VIII must be met. Administrative Planning Review and Approval shall be made by the Planning Department in accordance with the provisions of § 410-36B. No public hearing shall be held for administrative reviews.
C. 
Exceptions. Neither Planning Commission nor Administrative Planning Review and Approval is required for:
(1) 
Detached one-unit to three-unit dwellings and accessory uses thereto, provided they are in conformance with bulk table requirements, except as may be required by § 410-19, § 410-27, § 410-29 or § 410-45A(3) or (4) of this chapter.
(2) 
All uses that are permitted by right, do not constitute a change of use (e.g., the establishment of a full-service restaurant in a commercial space that was most recently operated as a full-service restaurant, provided that the prior use has not been vacated for over one year), and involve no exterior changes to buildings, structures, or site, except for signage. All nonresidential uses exempt from planning review under this section must obtain a Zoning Compliance Letter from the Zoning Officer prior to obtaining a building permit or Certificate of Occupancy from the Office of Building and Construction.
D. 
No building permit or certificate of occupancy shall be issued by the Office of Building and Construction for any use that requires Planning Commission or Administrative Planning Review and Approval prior to such approval. Such permit must be in full conformance with plans and conditions approved by the Planning Commission or Planning Department.
E. 
Nothing herein shall modify referral requirements under the General Municipal Law.
[Amended 7-17-2013 by Ord. No. 13-49; 12-18-2019 by Ord. No. 19-157]
A. 
Predevelopment meeting. Prior to the preparation and submission of final applications, plans, and any other required documents, applicants may prepare a sketch plan and meet with the Planning Department staff to consider specifics of the proposed use or development, neighborhood characteristics and features of the site. Such sketch plan should be submitted in duplicate and include enough information to enable a clear understanding of the proposal.
B. 
Application. Application for planning review and approval shall be made to the Planning Department for processing. All applications require written consent of the property owner.
C. 
A complete application will be referred to the Planning Commission (§ 410-45A) or reviewed by the Planning Department (§ 410-45B), as the case may be.
D. 
Filing. The written decision of the Planning Commission or the Planning Department and final approved plans, as appropriate, shall be filed in the Office of the City Clerk and Office of Building and Construction within five business days after such decision is rendered, and a copy thereof shall be mailed first class or electronically to the applicant.
In reviewing applications for approval of site plans, the reviewing agency will be guided by the existing characteristics and conditions of the site and its surroundings and the particular requirements of the applicant. Elements of concern will include, but not be limited to:
A. 
Movement of vehicles and people.
B. 
Public safety.
C. 
Off-street parking and service.
D. 
Lot size, density, setbacks, building size, coverage and height.
E. 
Landscaping, site drainage, buffering, views or visual character.
F. 
Signs, site lighting.
G. 
Operational characteristics.
H. 
Architectural features, materials and colors.
I. 
Compatibility with the general character of the neighborhood.
J. 
Other considerations that may reasonably be related to health, safety and general welfare.
[Amended 12-18-2019 by Ord. No. 19-157; 12-18-2024 by Ord. No. 24-120]
A. 
Review by the Planning Department. In reviewing an application for the construction of, or conversion of an existing building to, a one- to three-unit dwelling, the Planning Department may modify the minimum bulk requirements specified in Schedules IA (§ 410-28) and IIA (§ 410-33) when it would not adversely affect the site development or alter the essential character of the area. Such authority to modify bulk requirements shall be limited as follows:
Requirement
Maximum Percent Change
Minimum lot area: reduce by no more than
10%
Minimum lot width: reduce by no more than
10%
Minimum front, side, and rear setback: reduce by no more than
25%
B. 
Review by Planning Commission. When the Planning Commission determines that special conditions or circumstances exist which make the bulk requirements set forth in this chapter inappropriate, the Commission, in acting on any site plan approval application, or on an appeal from a site plan decision of the Planning Department, may modify such requirement if the best interest of the City would be served and the spirit of this chapter can be maintained. Such authority to modify bulk requirements shall be limited as follows:
Requirement
Maximum Percent Change
Minimum lot area: reduce by no more than
25%
Minimum lot width: reduce by no more than
25%
Minimum front setback: reduce by no more than
33%
Minimum side and rear setback: reduce by no more than
33%
Maximum building height: increase by no more than
10%
Maximum percentage of lot covered: increase by adding no more than
5%
Minimum off-street parking: reduce by no more than
75%
C. 
Justification. Justification for any modifications by the Planning Department or the Planning Commission, as authorized by this § 410-48, shall be documented in writing and filed in the records of the application for site plan approval.
[Amended 12-18-2019 by Ord. No. 19-157]
A. 
Appeal of Planning Department decision. An applicant for Administrative Planning Review and Approval may appeal to the Planning Commission for a review and modification of a decision made by the Planning Department. Such appeal shall follow the provisions of § 410-46 of this chapter.
B. 
Appeal of Planning Commission decision. Any person aggrieved by a decision for Planning Commission Review and Approval may apply to the supreme court for review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceedings shall be instituted within 30 days after the filing of a decision by the Planning Commission in the office of the City Clerk.