A.
Purpose. The primary purpose of special use permit review is to ensure
the use's compatibility with the surrounding neighborhood and to ensure
the long-term benefit of the use to the Village. The intent of this
section is to set forth additional considerations and requirements
which shall apply to certain land uses and activities that, due to
their special characteristics or the special characteristics of the
area in which they are to be located, require particular consideration
so that they may be properly planned and located with respect to the
objectives of this chapter and their effect on the surrounding properties
and community character.
B.
It is the policy of the Village of Athens to allow a variety of uses
of land but only when such uses do not adversely affect neighboring
properties or the natural environment of the Village. Many uses are
therefore permitted only upon issuance of a special use permit by
the Planning Board, in order to ensure that these uses are appropriate
to their surroundings and consistent with the Village's Comprehensive
Plan. Accessory uses or structures used in connection with a special
use permit or site plan use shall be subject to the same approval
requirements as the principal structure or use.
C.
Special use permit procedure. All special use permit review and approvals may occur at the request of the applicant concurrently with the site plan review. Applicants shall refer to § 250-34E, site plan approval required submissions, for application content. The Planning Board, at the request of the applicant, may waive such information as it deems not relevant to its review and only if it finds that such requirements are not requisite in the interest of the public health, safety or general welfare.
D.
Planning Board review. The Planning Board shall not issue a special
use permit unless it makes a written finding that the proposed use
will satisfy the standards set forth herein. In order to reach positive
findings in support of the special use permit, the Planning Board
may require reasonable conditions, restrictions and/or modifications
to the project. Such reasonable conditions and restrictions shall
be directly related to and incidental to the proposed special use
permit. If the Planning Board does not make a positive finding in
support of the special use permit, it shall deny the special use permit.
In issuance of such a denial or approval, the record of the Planning
Board must address the standards outlined below and include the facts
and reasons upon which such denial was based.
E.
Findings required. In granting or denying special use permits, the
Planning Board shall take into consideration the scale of the proposed
project and the possible impact of the proposed project on neighboring
properties. Before granting a special use permit, the Planning Board
shall determine:
(1)
That the use conforms with specific special use permit standards
found in the use regulations article of this chapter.
(2)
That the use is consistent with the Village's current planning documents,
including the Comprehensive Plan.
(3)
That the use is consistent with the purposes of the land use district
in which it is located and with the applicable provisions of this
chapter, including any other detailed special use permit criteria
provided herein.
(4)
That the use will be suitable for the property on which it is proposed,
considering the property's size, location, topography, vegetation,
soils, natural habitat and hydrology and, if appropriate, its ability,
if desirable, to be buffered or screened from neighboring properties
and public roads.
(5)
That the use will be compatible with adjoining properties and with
the natural and man-made environment.
(6)
That the use will not adversely affect surrounding land uses by creating
excessive noise, dust, odors, glare, pollution or other nuisances.
(7)
That the use will not cause undue traffic congestion, unduly impair
pedestrian safety or overload existing roads, considering their current
width, surfacing and condition.
(8)
That the use will have appropriate parking and be accessible to fire,
police and other emergency vehicles.
(9)
That the use will not overload any public water, drainage or sewer
system or any other municipal facility or service, including schools.
(10)
That the use will not degrade any natural resource, ecosystem
or historic resource.
(11)
That all relevant site planning criteria can be satisfied and
a site plan approval can be granted under this chapter.
F.
Planning Board action. If the applicant elects a concurrent review
of the special use permit and the site plan, these special use permit
procedures will apply.
(1)
Public hearing. The Planning Board shall conduct a public hearing
within 62 days of when the Planning Board deems the application complete.
(2)
Notice.
(a)
Applicant's notice. At least 20 days before such hearing, the
Planning Board shall mail notice thereof to the applicant.
(b)
Notice to abutting landowners. The applicant shall, at least
10 days prior to the public hearing, by certified mail return receipt
requested to the Planning Board, notify all owners of real property
within 300 feet of the property subject to the proposed special use
permit.
(c)
Public notice. The Planning Board shall cause notice of the
public hearing to be printed in a newspaper of general circulation
in the Village at least five days prior to the date thereof.
(d)
County and neighboring municipality notice. The Planning Board
shall provide notices of the hearing to the County Planning Board
and neighboring municipalities, as required by §§ 239-m
and 239-nn of the General Municipal Law and the State Environmental
Quality Review Act.
(e)
SEQRA notice. The Planning Board shall notice as required by
the State Environmental Quality Review Act.
G.
Decision. After the conclusion of a public hearing for a special
use permit, including site plan approval, compliance with §§ 239-m
and 239-nn of the General Municipal Law and SEQRA, the Planning Board
shall grant, deny or grant, subject to conditions, the special use
permit.
(1)
Any decision shall contain written findings explaining the rationale
for the decision in light of the standards contained herein. The grant
of a special use permit shall be conditional upon the approval of
a site plan pursuant to this chapter.
(2)
In granting a special use permit, the Planning Board may impose any
conditions that it considers necessary to fulfill the purposes of
this chapter. These conditions may include, but shall not be limited
to, increasing dimensional or area requirements; requiring the permanent
set aside of open space land; specifying location, character and number
of vehicle access points; requiring landscaping, planting and screening;
requiring clustering of structures and uses in order to preserve environmental
resources and minimize the burden on public services and facilities;
and requiring action by the applicant, including the posting of performance
bonds and furnishing of guaranties, to insure the completion of the
project in accordance with the conditions imposed.
H.
Filing. The decision of the Planning Board shall be filed in the
office of the Village Clerk, and a copy thereof mailed to the applicant.
I.
Application for area variance. Notwithstanding any provision of law
to the contrary, where a proposed special use permit contains one
or more features which do not comply with the dimensional requirements
of this chapter, application may be made to the Zoning Board of Appeals
for an area variance pursuant to this chapter.
J.
Expiration, change of use, revocation and enforcement.
(1)
A special use permit shall expire if the special use permit use or
uses cease for more than 24 consecutive months for any reason; if
the applicant fails to obtain the necessary building permits or fails
to comply with the conditions of the special use permit within 18
months of its issuance; or if its time limit expires without renewal.
(2)
A special use permit shall apply only to the use for which it has
been granted.
(3)
A new special use permit shall be required for any change to a new
use that requires a special use permit.
(4)
A special use permit may be revoked by the Planning Board if the
permittee violates the conditions of the special use permit or engages
in any construction or alteration not authorized by the special use
permit.
(5)
Any violation of the conditions of a special use permit shall be
deemed a violation of this chapter and shall be subject to enforcement
action as provided herein.
K.
Special use permit amendments. The terms and conditions of any special
use permit may be amended in the same manner as required for the issuance
of a special use permit, following the criteria and procedures in
this section. Any enlargement, alteration or construction of accessory
structures not previously approved shall require only site plan approval,
provided that the use does not change and that such alteration does
not increase the total floor area or impermeable surface coverage
by more than 10% over the area originally approved under the special
use permit. A special use permit amendment shall be required in addition
to site plan approval in other cases.
The following additional standards applicable to special use
permits within the Waterfront District and the Mixed Use Waterfront
District. To ensure the appropriate development of land, the Planning
Board may issue a special use permit only after it has found that
all of the following standards and conditions have been satisfied
in addition to standards already applicable.
A.
The special use shall not be incompatible with the type and direction
of development for the site and surrounding area as proposed in the
adopted and approved Local Waterfront Program.
B.
If a non-water-dependent use is proposed for development on a lot
having shoreline frontage, the use shall be allowed only if compatible
with a waterfront location; future demand for a water-dependent use
is not reasonably foreseeable and appropriate measures are taken to
mitigate, to the greatest extent possible, against an irreversible
commitment of land to non-water-dependent use.
C.
A special use or combination of uses shall include water-dependent
recreation as a mixed use whenever possible.
D.
The following standards shall apply to new marina and marina-related
project proposals as well as projects for expansion of existing marinas:
(1)
In general, all new marina proposals or expansion of existing shall,
as appropriate, include sufficient parking, park-like surroundings,
toilet facilities and marine pump out facilities.
(2)
In evaluating proposals for new marina construction, the Village
of Athens will favor those proposals which involve an efficient utilization
of open water space by providing alternative ways of meeting the needs
of boaters. Alternatives include dry-stack facilities with the minimum
number of wet slips needed to provide efficient operation, rehabilitation
and alteration of existing marinas, open water facilities, or any
combination of these four approaches.
(3)
Marinas shall be located in areas where at least the minimum physical
attributes required by marinas already exist and where minimal initial
and subsequent attributes include natural depths at or exceeding minimum
navigable depths, low rates of sediment transport and sufficient tidal
action to promote flushing. Dredging shall be limited to the minimum
dimensions necessary for the project and must receive the necessary
approvals from the NYS Department of Environmental Conservation and
the Army Corps of Engineers. Marinas shall not be permitted in areas
that would require frequent maintenance dredging that would harm aquatic
life or would prevent the relocation of benthic organisms. Such areas
would include those which would require maintenance dredging more
often than once every five years.
(4)
Applicants must demonstrate that there is an adequate water supply
to serve all of the project's needs.
(5)
Sewage pump out facilities shall be provided at new marinas at a
minimum rate of one pump-out station for every 100 boats accommodated
or fraction thereof. For expansions of existing marinas, the number
of pump-out stations, if any, shall be determined by the nature and
size of the marina and the specific features of its site.
(6)
Adequate rest room facilities for property users will be required
to discourage any overboard discharge of sewage from boats in order
to protect water quality. The number of toilets required shall be
determined by the nature and size of the marina and by its specific
site locations.
(7)
The applicant must demonstrate adequate capacity to properly dispose
of or treat all sanitary wastes generated by the project.
(8)
An ample number of signs must be provided to identify the location
of public rest rooms and of pump-out facilities. Signs must also fully
explain the procedures and rules governing the use of the pump-out
facilities.
(9)
Trash receptacles shall be plentiful and convenient to encourage
the proper disposal of trash and waste. A maximum spacing of 100 feet
between receptacles shall be maintained on all piers and docks.
(10)
To the extent feasible, marina basins shall be designed for
maximum flushing and circulation due to river currents and the action
of wind while maintaining safe levels of wave action within the protected
basin. Minimum design criteria to promote flushing include:
(a)
Basin and channel depths shall not be deeper than the prevailing
depths in the water body to which they connect.
(b)
Basin and channel depths shall gradually increase toward open
water or basin entrances.
(c)
Openings shall be provided at the opposite ends of enclosed
basins to establish flow-through circulation. Only one opening must
be navigable. The other opening or openings shall be as large as practicable
to promote circulation. Culverts or other enclosed conduits may be
used in place of open channels.
(d)
The configuration chosen shall minimize or prevent the formation
of stagnant water zones that tend to collect debris or cause shoaling
or flushing problems.
(11)
Dedicated parking spaces shall be provided at a minimum rate
of 0.5 spaces/slip, plus whatever additional spaces are required for
employees and required by this chapter for separate retail activities
on premises.
(12)
Rainfall runoff becomes polluted with oils, greases, organic
and inorganic wastes, and other potentially harmful substances. It
is the intent of the Village of Athens to limit, to the extent feasible,
the introduction of these contaminants into the waters surrounding
the Village. Therefore, new parking areas shall utilize porous pavements
or other approved measures to reduce rainfall runoff. New marina projects
must incorporate best management practices in their design, including,
but not limited to, the following:
(a)
Maximize pervious land surface and vegetative cover to minimize
stormwater runoff and to prevent polluted waters from reaching adjacent
waters and wetlands. Direct runoff away from adjacent waters and wetlands
to the extent feasible by site grading or other methods.
(b)
Runoff from parking lots, maintenance, fueling, and wash-down
areas must be treated in a manner that prevents oils, grease, and
detergents from reaching adjacent waters and wetlands. Accepted treatment
methods include oil and grease filtering catch basins, retention areas
and exfiltration systems.
(13)
The underwater portions of piers and docks, including piles,
shall not be constructed using creosote treated lumber.
(14)
All marinas must have and be able to institute spill prevention
emergency response plans. Automatic cutoffs for fuel/oil and sewage
hoses and lines in the event of an accident are mandatory.
A.
Uses requiring site plan approval.
(1)
No building permit shall be issued for any use prior to review and
approval of a site plan by the Planning Board in accordance with the
provisions of this section, with the exception of single- or two-family
dwellings or their accessory structures.
(2)
Site plan review at the discretion of the Planning Board will also
be required with any change of use.
(3)
In all cases where any amendments of such plan are proposed, the
applicant must also secure the approval of the amendment by the Planning
Board.
B.
Objectives of the site plan review. In reviewing site plans, consideration
shall be given to the public health, safety and welfare, the comfort
and convenience of the public in general or the residents or users
of the proposed development and of the immediate neighborhood in particular;
protection and enhancement of the public access, scenic, historic
and natural resources of the Village; and the accomplishment of the
following objectives:
(1)
That the design of all structures is compatible with that of surrounding structures. Compatibility shall be determined by a review of proposed use of materials, scale, mass, height, color, texture and location of the structure or structures on the site pursuant to § 250-24.
(2)
That the proposed use is compatible with, protects and avoids disturbance of sites recognized as being of national, state or local historical, architectural or archaeological importance on or adjacent to the site pursuant to § 250-17.
(3)
That all traffic accessways are adequate but not excessive in number;
adequate in width, grade, alignment and visibility, not located too
near street corners or other places of public assembly; and other
similar safety considerations, and that access management is achieved
through coordinated and shared access points, and interconnection
of parking lots.
(4)
That new roads be connected in a grid or modified grid pattern extending
from existing road networks where feasible.
(5)
That the proposed use addresses traffic flow and congestion to the
maximum extent practical.
(6)
That the proposed use includes pedestrian and bicycle facilities
wherever appropriate, including sidewalks and trails.
(7)
That for uses within the coastal area, the applicable coastal policies
established in the Town and Village of Athens Local Waterfront Revitalization
Program are adhered to and the requirements of the Local Consistency
Law are complied with.
(8)
That off-street parking and loading spaces are designed to prevent
obstruction in public streets and that the interior circulation system
is adequate to provide safe accessibility to all required off-street
parking lots, loading bays and building services, and that shared
and interconnected parking lots are used wherever appropriate.
(9)
That all parking, utility, and service areas are reasonably screened
at all seasons of the year from the view of adjacent residential lots
and streets and that the general landscaping of the site is such as
to enhance the character of the Village and is in character with that
generally prevailing in the neighborhood.
(11)
That the use of any public address or sound system shall take
into consideration neighborhood characteristics and could be subject
to use limitations.
(12)
That the drainage system and the internal water and sewer systems
are adequate and that all connections to Village systems are in accordance
with Village standards and approved by the Village Engineer.
(13)
That site plan and building design accommodate the needs of
the disabled and are in conformance with state standards for construction
concerning the disabled.
(14)
That the site plan and building design maximize the conservation
of energy to the extent feasible.
(15)
That the natural ground contours are followed as closely as
possible.
(16)
That areas of steep slopes, where high cuts and fills may be required, are avoided and shall comply with § 250-20.
(17)
That natural drainage systems are preserved to the extent possible
and extreme care is exercised in areas adjacent to natural watercourses
and in locating artificial drainageways so that their final gradient
and resultant discharge velocity will not create additional erosion
problems.
(18)
That natural protective vegetation remains undisturbed to the
maximum extent practical, that there are adequate green spaces and
plantings on the site, and that a landscaped buffer is provided between
adjacent residential, commercial and industrial developments.
(19)
That adequate measures are provided to prevent disruption and
degradation of fish and wildlife habitats, freshwater wetlands and
coastal waters by on-site activities during and after construction.
(20)
That site design and layout maximize compatibility with and
protection of adjacent fish and wildlife habitats, freshwater wetlands
and coastal waters and the retention of scenic qualities.
(21)
That compliance with Chapter 158, Flood Damage Prevention, is provided to minimize flooding and erosion hazards through nonstructural means, long-term structural measures and appropriate site of structures.
(22)
That the amount of time that disturbed ground surfaces are exposed
to the energy of rainfall and runoff water is limited.
(23)
That the velocity of the runoff water on all areas subject to
erosion is reduced below that necessary to erode the materials.
(24)
That ground cover is applied sufficient to restrain erosion
on that portion of the disturbed area undergoing no further active
disturbance.
(25)
That runoff from a site is collected and detained in sediment
basins to trap pollutants which would otherwise be transported from
the site.
(26)
That the angle for graded slopes and fills is limited to an
angle no greater than that which can be retained by vegetative cover
or other erosion control devices or structures.
(27)
That the length as well as the angle of graded slopes shall
be minimized to reduce the erosive velocity of runoff water.
(28)
That trees having a diameter of four inches or more at 36 inches
above ground level are retained where possible, except if they are
diseased.
(29)
That within the waterfront, proposed structures will be sited
inland as much as possible, increasing open space in the waterfront,
enhancing the visual character and creating or maintaining views of
the Hudson River, minimizing exposure to flooding and reducing runoff
and nonpoint source water pollution.
C.
Procedure.
(1)
Presubmission conference. Prior to the submission of a formal site
plan, the applicant shall meet in person with the Planning Board and/or
their designated representative to discuss the proposed site plan
in order to determine which of the subsequent requirements may be
necessary in developing and submitting the required site plan. At
the time of the presubmission conference, a sketch plan consisting
of a statement describing the project and a rough sketch showing the
general locations and dimensions of principal and accessory structures,
parking areas, signs, and other planned features and anticipated changes
to the site shall be submitted to the Planning Board.
(2)
The Planning Board reserves the right to hire professional consultants, at the applicant's expense, to review any information filed by the applicant, including that filed under the SEQRA process. The Planning Board shall determine if an escrow account shall be established pursuant to § 250-35 to cover these review costs at the presubmission conference. All costs related to the site inspection, if any, and review of a site plan, including any studies, reports, analysis or other information, shall be borne by the applicant. An escrow account, funded by the applicant, shall be established to cover all associated costs. The applicant shall supply the Planning Board information as may be required to calculate the dollar amount required for the escrow account.
(3)
Within six months following the presubmission conference, the site
plan and any related information shall be submitted to the Code Enforcement
Officer in as many copies, not to exceed 10, as may be agreed during
the presubmission conference. The site plan shall be accompanied by
a fee in accordance with the schedule of fees of the Village of Athens.
If not submitted within this six-month period, another presubmission
conference may be required. If the Planning Board has determined that
an escrow account is necessary related to the review of the proposal,
no further review shall take place by the Board until such time as
the escrow account is fully funded by the applicant.
(4)
The Code Enforcement Officer shall certify on each original or amended
site plan whether the plan meets the requirements of all the provisions
of this chapter other than those of this section regarding site plan
review. He shall act to certify the application or return it to the
applicant for completion or revision within 30 calendar days of submission
by the applicant. An application shall include any materials required
pursuant to SEQRA Part 617.[1]
[1]
Editor's Note: See 6 NYCRR 617.
(5)
Following such certification, the application shall be forwarded
to the Planning Board at least 10 days prior to its next regular meeting
which shall be considered the official submission date. No application
shall be considered complete until a negative declaration under SEQRA
Part 617 has been issued or until a draft environmental impact statement
has been accepted by the Planning Board as satisfactory with respect
to scope, content, and adequacy.
(6)
Simultaneously with its submission to the Planning Board, the certified
application shall be forwarded to the Fire Chief, Highway Superintendent
and the Village Board, where required, to the Village of Athens Waterfront
Advisory Committee, the County Planning Board, County Highway Department
and any other agency that the Code Enforcement Officer deems appropriate.
(7)
Whenever the particular circumstances of a proposed development require compliance with either special use permit procedures as found in this chapter or requirements of Chapter 205, Subdivision of Land, Chapter 233, Waterfront Consistency Review, or local SEQR regulations, then the Village Planning Board, Zoning Board of Appeals and Waterfront Advisory Committee shall attempt to integrate, where possible, site plan review as required by this section with procedural and submission requirements for such other compliance.
(8)
The Planning Board shall hold a public hearing on the site plan if
it determines that the matter is of wide public interest. Such hearing
shall be held within 62 days from the day the Planning Board determines
that a complete application has been received. All landowners of adjacent
lots shall be notified, in writing, of the hearing, at the expense
of the applicant. Public notice thereof must be given by publication
in the official newspaper of such hearing at least five days prior
to the date thereof.
(9)
The Planning Board shall act to approve, disapprove or approve with
conditions any such plan within 62 days after the public hearing or,
if no hearing is held, within 62 days from the day an application
for site plan approval is deemed complete by the Planning Board. Conditional
approval by the Planning Board shall include written findings upon
any site plan element found contrary to the provision or intent of
this chapter. In reviewing the application, the Planning Board shall
consider whether a proposed plan will conform to the intent and requirements
of this chapter and/or what revisions are appropriate. All conditions
must be satisfied prior to issuance of a building permit. A written
statement of approval, approval with conditions, or disapproval shall
be issued, within five business days.
(10)
Amendments to a previously approved site plan shall be acted
upon in the same manner as the original site plan.
D.
Time limit on validity of approval. Approval of a site plan by the
Planning Board shall be valid for a period of 180 days from the date
thereof for the purpose of obtaining a building permit. Failure to
secure a building permit during this period shall cause the site plan
approval to become null and void. Upon application, the Planning Board
may extend the approval for up to one year from the date of original
approval.
E.
Required submissions. The data set forth below shall be submitted
in support of a site plan approval. The Planning Board, at the request
of the applicant, may waive such information as it deems not relevant
to its review and only if it finds that such requirements are not
requisite in the interest of the public health, safety or general
welfare.
(1)
Legal data:
(a)
The names of all owners of record of the property in question
and of all adjacent property and the lot, block and section number
of such properties as shown on the Official Town Tax Assessment Maps.
(b)
Existing zoning and special district boundaries.
(c)
Boundaries of the property, building or setback lines, if different
from those required in this chapter, and lines of existing streets
and lots as shown on the Official Assessment Maps. Reservations, easements
and areas dedicated to public use shall also be shown.
(2)
Existing buildings: a drawing showing the location and size of existing
buildings on the site and or adjacent property if within 200 feet
of the property line.
(3)
Development data:
(a)
Title of development, date, North point, scale and the name
and address of the record owner, engineer, architect, land planner
or surveyor preparing the plan.
(b)
The proposed use or uses of land and buildings and proposed
location of buildings.
(c)
All means of vehicular ingress and egress to and from the site
onto public streets.
(d)
The location, type of construction, and design of any off-street
parking areas and truck loading areas.
(e)
The location of all proposed waterlines, valves and hydrants
and of all sewer lines or alternative means of water supply and sewage
disposal and treatment.
(f)
The location of all vegetation existing on site.
(g)
The proposed location, design, direction, power and hours of operation of proposed outdoor lighting as per § 250-21.
(h)
The proposed screening and landscaping plan.
(i)
Proposed stormwater drainage system, grading plans showing existing
and proposed contours and watercourses, and soil erosion and sediment
control plan if required by DEC.
(j)
Location, design, type of construction, and exterior dimensions
of all proposed buildings and structures. The Planning Board may require
elevation and facade treatment plans for all proposed structures.
(k)
Provision for pedestrian access, including public and private
sidewalks, if applicable.
(l)
Location of outdoor storage and solid waste disposal.
(m)
Location of fire lanes and other emergency zones, including
the location of fire hydrants, if required.
(n)
Location, size, design and type of construction of all proposed
signs.
(o)
Any pertinent natural features that may affect the proposed
use such as shoreline, watercourses, wetlands, wooded areas, areas
subject to flooding, steep slopes greater than 15%, etc.
(4)
Additional data which may be required. Where, due to special conditions
peculiar to a site or the size, nature or complexity of the proposed
use or development of land or buildings, the Planning Board finds
that all or portions of the additional data listed below are necessary
for proper review of the application, it may require any or all of
the data to be included in the required submission:
(a)
A survey of the property by a licensed surveyor showing all
appropriate dimensions, angles, bearings and other relevant data.
(b)
Location of existing water mains, culverts and drains on the
property, with pipe sizes, grades and direction of flow.
(c)
Existing contours with intervals of five feet or less, referred
to a datum satisfactory to the Board, and all proposed grades.
(d)
All proposed lots, easements and public and community areas;
all proposed streets with profiles indicating grading and cross sections
showing the width of the roadway, the location and width of the sidewalk
and the location and size of utility lines.
(e)
Traffic report, including, but not limited to, existing average
daily traffic and peak hour levels existing and resulting from the
project, an analysis of existing and resulting intersection levels
of service, proposed methods to mitigate the estimated traffic impact,
and identification of pedestrian crossing issues.
(f)
Visual impact assessment prepared by a registered landscape
architect or other qualified professional to include, but not be limited
to, visual illustration and evaluation of the relationship of proposed
new structures or alterations to nearby natural landscapes and to
preexisting structures in terms of visual character and scale, materials,
color, odor, door, roof and cornice lines, and other major design
elements. This assessment shall also include an analysis of the visual
impacts on neighboring properties from the proposed development and
alterations, and of the location and configuration of proposed structures,
parking areas, open space, and gradient changes.
The applicant shall be required to establish an escrow account
to reimburse the Village of Athens for the legitimate costs of review
associated with the application. The funds may be utilized for the
paying of engineering, legal and other professionals qualified to
review the required plans, reports and other technical information
submitted in support of an application. The initial amount of the
establishment of the escrow account shall be determined on a case-by-case
basis and typically as 1% of the estimated overall cost of the project,
but in no case shall be less than $3,000 or a larger amount estimated
by the Planning Board or ZBA to be reasonable and necessary to cover
the cost of the review to be incurred by the Village. All necessary
reviewing professionals assisting the Village in such reviews shall
provide an estimate of the approximate cost of review services. The
Village shall submit an itemized bill to the application at least
five days prior to any deduction of such amount billed form the escrow
account. The Board(s) may periodically and at its discretion require
the replenishment of the escrow account established hereunder. Upon
completion of the application and review process, any balance remaining
in the escrow account shall be refunded to the applicant within 30
days of the submission and payment of the final bill by the Village
and payment in full of all application and approval fees. In the event
there is a shortfall in the escrow account, no final approval or permit
may be issued until the applicant shall pay to the Village the balance
of the outstanding amount. In the event there shall be a disagreement
over the appropriateness of the amounts claimed against the escrow
by the Village's consultants, the parties shall submit the matter
to binding arbitration.
A.
A Zoning Board of Appeals (ZBA) is hereby created in accordance with
§ 7-712 of the Village Law of New York State. Said Board
shall consist of five members. The officers of the Board shall consist
of a Chairperson, Acting Chairperson and a Secretary. The Mayor shall
appoint the Chairperson upon approval by the Board of Trustees. The
ZBA shall prescribe rules for the conduct of its affairs.[1]
B.
Powers and duties. The ZBA shall have all the power and duties prescribed
by law and by this chapter which are more particularly specified as
follows:
(1)
Interpretation. Upon appeal from a decision by an administrative
official, to decide any question involving the interpretation of any
provision of this chapter, including determination of the exact location
of any district boundary if there is uncertainty with respect thereto.
(2)
Variances. To vary or adapt the strict application of any of the
requirements of this chapter in the case of exceptionally irregular,
narrow, shallow or steep lots, or other exceptional physical conditions,
whereby such strict application would result in practical difficulty
or unnecessary hardship that would deprive the owner of the reasonable
use of the land or building involved, but in no other case.
(3)
Use variances.
(b)
No such use variance shall be granted by a ZBA 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 of Appeals that
for each and every permitted use under the zoning regulations for
the particular district where the property is located:
[1]
The applicant cannot realize a reasonable return, provided that
lack of return is substantial as demonstrated by competent financial
evidence;
[2]
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;
[3]
That the requested use variance, if granted, will not alter
the essential character of the neighborhood; and
[4]
That the alleged hardship has not been self-created.
(c)
The ZBA, in the granting of use variances, shall grant the minimum
variance that it shall deem necessary and adequate to address the
unnecessary hardship proven 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.
(4)
Area variances.
(b)
In making its determination, the ZBA 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:
[1]
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;
[2]
Whether the benefit sought by the applicant can be achieved
by some method, feasible for the applicant to pursue, other than an
area variance;
[3]
Whether the requested area variance is substantial;
[4]
Whether the proposed variance will have an adverse effect or
impact on the physical or environmental conditions in the neighborhood
or district; and
[5]
Whether the alleged difficulty was self-created, which consideration
shall be relevant to the decision of the Board of Appeals, but shall
not necessarily preclude the granting of the area variance.
(c)
The ZBA, 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.
C.
Imposition of conditions. The ZBA 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. Such conditions
shall be consistent with the spirit and intent of the zoning local
law, and shall be imposed for the purpose of minimizing any adverse
impact such variance may have on the neighborhood or community.[4]
D.
Application to the ZBA. Appeals from decisions made by the Code Enforcement
Officer shall be filed in writing with the Village Clerk within 30
days of the date of the action specifying the ground thereof.
E.
All applications for variances shall be filed in writing with the
Village Clerk. All applications shall be made in a form required by
the Board and shall be accompanied by payment of a filing fee in accordance
with the Village schedule of fees and a plot plan drawn to scale and
accurate dimensions, showing the location of all existing and proposed
buildings and structures on the lot.
F.
The ZBA shall hold a public hearing on all appeals or applications
within 62 days of the filing of a complete and proper appeal or application.
The ZBA shall fix a reasonable time for the hearing and give public
notice of such hearing by publication in a paper of general circulation
in the Village at least five days prior to the date thereof. The applicant
shall, at least 10 days prior to the public hearing, by certified
mail return receipt requested to the ZBA, notify all owners of real
property within 300 feet of the property subject to the proposed variance.
G.
The ZBA shall render its final decision within 62 days after the
conduct of said public hearing. The time within which the ZBA must
render its decision may be extended by mutual consent of the applicant
and the Board. Decisions of the ZBA shall be in writing and shall
specify the particular conditions for such approval, or the grounds
for denial. The decision of the ZBA shall be filed in the office of
the Village Clerk within five business days after the day such decision
is rendered, and a copy thereof mailed to the applicant.
This chapter shall be enforced by the Code Enforcement Officer. No building permit or certificate of occupancy shall be issued by the Code Enforcement Officer pursuant to Chapter 116, Building Construction, Article I, Administration and Enforcement of Uniform Code, except where all the provisions of this chapter have been complied with.
To the extent that any existing or subsequently enacted local
law, policy, resolution or other action is inconsistent with the contents
of this chapter, then the language, requirements, procedure, or other
contents herein shall control, unless otherwise specifically stated
therein.
Before final action is taken on special permits, variances or
amendments of this chapter, such matter will be referred to the County
Planning Board in accordance with the procedures required in Article
12-B, §§ 239-1 and 239-m, of the General Municipal
Law.
A.
Violations of this chapter shall be subject to Chapter 116, Building Construction, Article I, Administration and Enforcement of Uniform Code. Upon determination by the Code Enforcement Officer that a violation exists, written notice shall be sent to the last known owner of the property. Such notice shall state the specific provision in violation and that, unless action is taken by said owner to remove such violation within 20 days, a proceeding to compel compliance with this chapter will be instituted.
B.
A violation of this chapter is an offense punishable by a fine not
exceeding $250.
C.
Violations of this chapter shall be considered a violation and subject
to penalties.
D.
Each day the violation continues shall be deemed to be a separate
and distinct violation.
