A.
There shall be a Board of Appeals. Said Board shall
consist of five members. The method of appointment, terms of office
and tenure of its members shall be as prescribed by law.
B.
The Board shall have all the powers and duties prescribed
by law and by this chapter.
C.
The Board shall appoint a Secretary and shall prescribe
rules for the conduct of its affairs.
D.
All meetings of the Board of Appeals shall be open
to the public. A quorum shall consist of three members.
E.
Every decision by the Board shall be by resolution
and shall contain a full record of the findings of the Board in the
particular case.
A.
Applications for any action by the Board of Appeals
shall be submitted in the form required by the Board and filed in
the Municipal Office.
B.
The Board shall fix a time and place for a public
hearing thereon and shall provide for the giving of notice at least
five days prior to the date thereof as follows:
[Amended 5-10-1967; 6-3-1968; 1-30-1996 by L.L. No. 2-1996]
(1)
By publishing a notice in a paper of general circulation
in the Village.
(2)
By requiring the applicant to give notice of the substance
of every appeal for a variance, together with notice of the hearing
thereof by causing notices to be mailed at least five days before
the date of said hearing to the owners of all property abutting that
held by the applicant in the immediate area and all other owners within
100 feet, or such additional distance as the Board of Appeals may
deem advisable, from the exterior boundaries of the land involving
such appeal, as the name of said owners appear in the last completed
assessment roll. Such notice shall be by certified mail, return receipt
requested, and the applicant shall furnish proof of compliance with
notification procedure; provided, however, that the Board may accept
substantial compliance with these provisions in case of difficulty
in serving such owners. The cost of sending or publishing any notices
relating to such appeal, or a reasonable fee relating thereto, shall
be borne by the appealing party and should be paid to the Board prior
to the hearing of such appeal.
(3)
If the land involved in any appeal is within 500 feet
of the boundary of any other municipality, notice of the public hearing
shall also be mailed to the Municipal Clerk of such other municipality.
(4)
If the land involved in any appeal is within 500 feet
of the boundary of any existing or proposed county or state park or
any other recreation area; the right-of-way of any existing or proposed
county or state parkway, thruway, expressway, road or highway; and
the existing or proposed right-of-way of any stream or drainage channel
owned by the county or for which the county has established channel
lines; or the existing or proposed boundary of any county or state-owned
land on which a public building or institution is situated; the boundary
of a farm operation located in an agricultural district, except where
the appeal is for an area variance, notice of the public hearing and
a description of the applicant's proposal shall be mailed to the Orange
County Planning Department in accordance with § 239-m of
the General Municipal Law.
(5)
The Board shall decide upon the appeal within 62 days
after the conduct of said hearing. The time within which the Board
of Appeals must render its decisions may be extended by mutual consent
of the applicant and the Board. The decision of the Board should 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.
(6)
A motion for the Board to hold a rehearing to review
any order, decision or determination of the Board not previously reviewed
may be made by any member of the Board. A unanimous vote of all members
of the Board then present is required for such rehearing to occur.
Such rehearing is subject to the same notice provisions as an original
hearing. Upon such rehearing the Board may reverse, modify or annul
its original order, decision or determination upon the unanimous vote
of all members then present, provided that the Board finds that the
rights vested in persons acting in good faith and reliance upon the
reviewed order, decision or determination will not be prejudiced thereby.
C.
No action shall be taken on applications referred
to the Orange County Planning Department until the Department's recommendation
has been received or 30 days have elapsed after the Department received
the full statement on the applicant's proposal.
[Amended 6-3-1968[1]]
[1]
Editor's Note: This ordinance also repealed
original Section 130-20-40, which immediately followed this subsection.
D.
A record shall be established of all variances granted
pursuant to action of the Board of Appeals under this chapter. Each
case shall be identified by a sequential numbering system and alphabetically
by applicant's name. Said files shall be available for public inspection.
[Amended 6-3-1968]
E.
The Board shall keep minutes of its proceedings showing
the vote of each member upon every question, or if absent or failing
to vote, indicating such fact. The Board shall keep records of its
examinations and official actions, all of which shall be filed in
the Clerk's office and shall be a public record.
F.
Building permits authorized by Board of Appeal actions
on variance cases shall be obtained within 90 days and shall automatically
expire if construction under the permit is not started within 90 days
of issuance and completed within one year. Extensions of these periods
may be granted by the Board of Appeals where good cause is shown.
[Amended 6-3-1968]
G.
The fees for applications to the Board of Appeals
for all variances shall be determined by the Board of Trustees.
[Amended 7-2-1974 by L.L. No. 7-1974; 4-21-1986 by L.L. No.
1-1986]
The Board of Appeals shall, upon appeal, hear
and decide:
A.
Any matter where the applicant alleges that the Building
Official was in error in refusing to issue a building permit or certificate
of occupancy as a result of misinterpreting the meaning, intent or
application of any section or part of this chapter.
B.
Any matter where the appellant alleges that the Building
Official was in error in his determination as to the exact location
of a district boundary line on the Zoning Map that forms a part of
this chapter.
C.
Any matter which the Building Official appeals on
grounds of doubt as to the meaning or intent of any provision of this
chapter or as to the location of a district boundary line on the Zoning
Map.
[Amended 6-3-1968]
The Planning Board shall have original jurisdiction
and power to grant a permit for a special exception use on a particular
site wherever it is expressly provided in this chapter that the special
exception may be granted upon application to the Planning Board without
a finding of practical difficulties or unnecessary hardship but subject
to the general provisions of this chapter and more specifically to
the guiding principles, general standards and the special conditions
and safeguards contained in this section.
A.
Guiding principles.
(1)
Such use shall be one which is specifically authorized
as a special exception use in the district within which the subject
site is located.
(2)
Every decision by the Planning Board granting a permit for a special exception use shall clearly set forth the nature and extent of such authorized use and any special conditions or safeguards to which it shall be subject as a result of the Planning Board's findings. Violations of any such limitations or special conditions and safeguards shall be deemed a violation of this chapter, punishable under the provisions of Article XII.
(3)
A special exception use, for which a permit is granted
by the Planning Board pursuant to the provisions of this section,
shall be construed to be a conforming use.
B.
General standards. For every such special exception
use, the Planning Board shall determine the following:
(1)
That such use will be in harmony with and promote the general purposes and intent of this chapter as stated in § 122-1.
(2)
That the plot area is sufficient, appropriate and
adequate for the use and the reasonably anticipated operation and
expansion thereof.
(3)
That the proposed use will not prevent the orderly
and reasonable use of adjacent properties in adjacent use districts.
(4)
That the site is particularly suitable for the location
of such use in the community.
(5)
That the characteristics of the proposed use are not
such that its proposed location would be unsuitably near to a church,
school, theater, recreational area or other place of public assembly.
(6)
That the proposed use, particularly in the case of
non-nuisance industry, does conform with this chapter definition of
the "special exception use" where such a definition exists or with
the generally accepted definition of such use where it does not exist
in this chapter.
(7)
That access facilities are adequate for the estimated
traffic from public streets and sidewalks so as to assure the public
safety and to avoid traffic congestion, and further that vehicular
entrances and exits shall be clearly visible from the street and not
be within 75 feet of the intersection of street lines at a street
intersection except under unusual circumstances.
(8)
That there are off-street parking and truck loading spaces at least in the number required by the provisions of Article VII, but in any case an adequate number for the anticipated number of occupants, both employees and patrons or visitors, and further that the layout of the spaces and driveways is convenient and conducive to safe operation.
(9)
That adequate buffer yards and screening are provided
where necessary to protect adjacent properties and land uses.
(10)
That adequate provisions will be made for the
collection and disposal of stormwater runoff from the site and of
sanitary sewage, refuse or other waste, whether liquid, solid, gaseous
or of other character.
C.
AUTOMOBILE LAUNDRY
BED-AND-BREAKFAST
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
CHURCH OR SIMILAR PLACE OF WORSHIP, PARISH HOUSE, SEMINARY OR
CONVENT
DWELLING UNITS OVER FIRST FLOOR NONRESIDENTIAL USES
(1)
(2)
(3)
FILLING STATION
(1)
(2)
(3)
(4)
(5)
(6)
INDUSTRIAL BUSINESS PARK
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
INNS
(1)
(2)
(3)
(4)
(5)
(6)
PHILANTHROPIC, FRATERNAL OR SOCIAL ORGANIZATION OFFICE OR MEETING
ROOM
PLANNED RESIDENTIAL DEVELOPMENT
(1)
(2)
(3)
(4)
(5)
(6)
(7)
PUBLIC LIBRARY, MUSEUM, COMMUNITY CENTER, FIRE STATION, MUNICIPAL
OFFICE or OTHER GOVERNMENTAL BUILDING OF SIMILAR CHARACTER
PUBLIC PASSENGER TRANSPORTATION STATION OR TERMINAL
PUBLIC UTILITY BUILDING, PLANT, STRUCTURE OR STORAGE YARD
REPAIR GARAGE
ROADSIDE MARKETS FOR THE SALE OF FARM PRODUCTS PRODUCED ON THE
PREMISES
(1)
(2)
(3)
(4)
(5)
SCHOOL, ELEMENTARY OR HIGH, PUBLIC, DENOMINATIONAL OR PRIVATE,
HAVING A CURRICULUM THE SAME AS ORDINARILY GIVEN IN PUBLIC SCHOOLS
SELF-SERVICE STORAGE FACILITIES
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(2)
(3)
(4)
WAREHOUSE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
WEARING APPAREL OR ACCESSORIES MANUFACTURE
Special conditions and safeguards for certain special exception uses. No authorization for a building permit shall be granted by the Planning Board for any use listed in this section, unless the Planning Board shall specifically find that, in addition to meeting all the general standards set forth in Subsection B, the proposed special exception use also meets the special conditions and safeguards required in this section.
[Amended 2-4-1985 by L.L. No. 1-1985; 12-16-1985 by L.L. No.
20-1985; 11-3-1986 by L.L. No. 4-1986; 1-30-1996 by L.L.
No. 2-1996; 3-20-2002 by L.L. No. 2-2002; 8-6-2002 by L.L. No.
3-2002; 2-20-2007 by L.L. No. 1-2007; 1-20-2009 by L.L. No.
1-2009; 6-16-2015 by L.L. No. 1-2015; 6-7-2016 by L.L. No. 3-2016; 7-6-2021 by L.L. No. 3-2021]
See "filling station."
No authorization for a building permit or certificate of
occupancy for a bed-and-breakfast within a business district shall
be granted by the Planning Board unless the Planning Board shall specifically
find that the proposed special exception use meets the following special
conditions:
The operator of the bed-and-breakfast shall be the owner of
the property and shall reside in the building to which the guest rooms
are accessory.
Bed-and-breakfasts shall be permitted in existing buildings
only.
The number of guest rooms permitted for rental shall be limited
to five.
Room rental shall be strictly for transient usage. A limit of
not more than 14 consecutive days' stay shall be permitted for each
guest.
One off-street parking space shall be provided per room available
for guest occupancy in addition to the off-street parking spaces required
for the owner's residence.
The driveway serving the bed-and-breakfast shall have direct
physical access to a public street, and full vehicular turnaround
shall be provided unless site constraints dictate that such turnaround
is not feasible, whereupon the Planning Board may waive this requirement.
The sanitary and water supply systems serving the structure
shall be found to be adequate to meet the needs of the bed-and-breakfast
use, and adequate waste enclosures shall be provided to contain the
solid waste generated by the use.
Each guest room shall be equipped with a minimum of one single-station
smoke detector and each floor must have a carbon monoxide detector.
All establishments shall comply with all building and fire prevention
codes.
Building design/signage. Any changes to the exterior appearance
of the building shall be reviewed by the Architectural and Historic
Review Board. The appearance of the bed-and-breakfast shall be compatible
and consistent with other buildings within the immediate neighborhood.
Any sign shall comply with the sign requirements for the zoning district
in which the establishment is located and shall likewise be reviewed
by the Architectural and Historic Review Board.
Walkways/lighting. Hard-surface walkways with low-level lighting
shall be provided from the parking spaces to the bed-and-breakfast
entrance.
Permitted ancillary uses. Reception/office area, conference
room and exercise/game rooms may be provided within a bed-and-breakfast
for use solely by the owner and guests renting rooms. A bed-and-breakfast
may also have a retail shop that is accessible to guests and the general
public.
Dining facilities. There shall be no individual kitchen or dining
facilities in any guest room. Food service shall be limited to breakfast
and/or brunch for guests renting rooms. Breakfast and/or brunch may,
however, be open to members of the general public within the discretion
of the Planning Board, but in no event shall the total number of persons
being served exceed 20 at any one time. Service to the members of
the general public shall be permitted between the hours of 8:00 a.m.
and 3:00 p.m. daily. The Planning Board may periodically review the
days and hours for serving members of the general public to ensure
that such operation is not adversely affecting traffic, parking, noise
or neighboring properties.
Special events. The owner of a bed-and-breakfast, at the request
of a guest renting a room, may hold a special event, such as a wedding,
birthday celebration or other similar occasion, on the premises. In
no event shall the number of attendees at such a special event exceed
40 people.[1]
For purposes of Subsection (1), "floor area" shall mean the horizontal area of the following spaces: kitchen, living rooms, bedrooms, studies, dens and family rooms together with adjoining closets and hallways.
At least two off-street parking spaces shall be provided within 500 feet of the dwelling. This requirement shall not be satisfied by utilizing a space or spaces in any municipal parking district established pursuant to § 122-30B, except as expressly provided by resolution of the Board of Trustees.
The lot area shall be not less than 20,000 square
feet and have a minimum frontage along the principal roadway of at
least 150 feet.
No church, school, library, playground or similar
place of public assembly shall be within 500 feet of the site.
All pumps, lubricating and other devices shall
be located at least 25 feet from any building, structure or street
line.
Entrance or exit driveways shall be located
at least five feet from any side or rear property lines. Such driveways
shall be so laid out as to avoid the necessity of any vehicle backing
across any right-of-way.
The area devoted to the outdoor storage of motor
vehicles or parts thereof, for purposes of dismantling, will be screened
from view of persons on adjacent streets by enclosing such areas with
an opaque fence eight feet high or locating them inside a building.
Not more than five motor vehicles shall be stored outdoors overnight.
Outdoor storage and display of accessories or
portable signs and outdoor repair work shall be prohibited at all
times. Premises shall not be used for the sale, rent or display of
automobiles, trailers, mobile homes, boats or other vehicles.
No building dedicated solely to a warehouse use shall have a
footprint of more than 80,000 square feet.
No open storage is allowed. All materials for storage or sale
must be stored in completely enclosed buildings.
The facade of any warehouse with more than two loading docks
shall be set back an additional 70 feet from residentially zoned properties.
No loading shall occur from the facade of the building facing
a public street.
Building design. The Planning Board shall review the color,
materials and design of all structures, including roof pitch, as to
their conformity with surrounding structures, visibility from public
roads, scenic areas and consistency with community character. Variations
in materials, facade depths and other architectural design elements
shall be used to break up the visual mass of large buildings. All
structures on a single site should have a unified design.
Landscaping. Care shall be taken to provide an aesthetically
pleasing, well-landscaped and well-maintained facility. Parking and
loading areas and required yards shall be landscaped with a mix of
evergreen and deciduous trees, shrubs of varying sizes and vegetative
ground cover as appropriate to the site and approved by the Planning
Board.
Parking should be calculated for the full site based on the standards established in § 122-25 herein and shall be designed so that all buildings share parking. If an applicant can demonstrate that the overall parking demand is less for the full Industrial Business Park than for the sum of the individual uses based on shared parking and varying peak parking times, the Planning Board shall have the authority to reduce the parking by up to 25% of the total demand required herein.
Where an Industrial Business Park development includes research,
design and development offices, including the development of software,
bio-medical or other technology development, the allowable development
coverage may be increased to 50%.
Permitted ancillary uses may include classrooms, conference
rooms, employee break or dining areas, fitness or locker rooms and
product showrooms are allowed provided such uses are intended for
employees or their invited guests only.
The maximum allowable continuous stay by a guest
shall not exceed 14 days. No preparation of food in bedrooms or lodging
areas shall be permitted.
The inn shall be restored, rehabilitated or
reconstructed to preserve the historical integrity of the structure
of the building as far as is practicable.
A minimum of three off-street parking spaces
shall be provided, plus an additional off-street parking space for
each bedroom in the inn.
The advertising display on the structure or
building shall be limited to one plaque which will not exceed 10 square
feet in area.
Accessory uses may include a related office,
conference room for guests and retail shop space.
The inn must be located within the Village of
Montgomery Historic District.
See "church," etc.
No authorization for a building permit shall be granted by
the Planning Board unless the Planning Board shall specifically find
that the proposed special exception use is in keeping with the intent
of this provision to provide flexible planning for residential development
and to promote the Master Plan while meeting the following special
conditions:
An overall development plan shall be presented
showing the use or use proposed, including dimensions indicating the
areas set aside for each use, and the locations of all structures,
parking spaces and rights-of-way or driveways and the provision for
community sewer and water service.
The gross density in terms of dwelling units
per acre over the entire development shall not exceed the number of
units permitted under zone district regulations in effect as determined
by multiplying the acreage of each zone district in the site by the
following density factors:
|
District
|
Dwellings per Acre
|
|---|---|
|
RA-3
|
2.9
|
|
R-4A
|
3.5
|
|
R-4
|
4.4
|
The density of the area actually set aside for
housing shall not exceed 28 dwellings per acre.
The area set aside as open space or common land
shall not be less than one acre.
The resultant open space or common land shall
be compatible with the Municipal Master Plan, particularly with respect
to such use.
Such open space or common land shall only be
owned and operated by a nonprofit corporation for recreational purposes,
including natural parkland, or offered for dedication to the municipality
for the same uses, but, in the case of a nonprofit corporation, a
preestablished offer of dedication shall be filed with the municipality
for acceptance if the nonprofit corporation were ever discontinued
or failed in providing the recreational use.
The proposed planned residential development
shall comply with all the applicable requirements of the municipality
with respect to land development.
See "church," etc.
All loading or unloading locations for public transportation
vehicles shall be off-street.
See "filling station."
The roadside market shall be so located as to
provide adequate sight distance along the access roadway to permit
customers reasonable time to turn into site.
There shall be adequate off-street parking of
sufficient depth so that the entrance areas shall not be blocked.
Entrance areas shall be so graded and stabilized
as to assure convenient access to the site.
Outdoor floodlighting shall be prohibited.
Only one sign, not larger than 12 square feet
in area, shall be permitted.
See "church," etc.
Site and design requirements:
Circulation and access. If the site is fenced,
the site access drive shall have the fence and its gate set back a
minimum of 40 feet from the access road. Internal site circulation
lanes shall be adequate in dimensional cross-section, width and turning
radii where applicable to provide for maneuverability of fire trucks.
Aisle width shall be a minimum of 23 feet for either one- or two-way
traffic.
Security. Provision shall be made for adequate site security and access control. If the facility is gated, adequate provision shall be made for access by emergency service providers when the facility is closed. If fencing is provided for access control, in no case shall barbed wire of razor wire components be incorporated into the same. Such fence shall not exceed eight feet in height. Notwithstanding the foregoing, the solid rear and/or side wall(s) of a storage building or buildings may be incorporated into a fence line for purposes of access control subject to Architectural and Historic Review Board approval of the exterior finish of the same and other elements in Subsection (1)(c). Solid or decorative brick, stone, architectural tile, masonry or wood walls may be used for fencing and screening purposes. If provided, fences or their equivalent shall meet the minimum setback requirement for the district. The placement of or incorporation of signs or other advertising media on such fences or walls is not permitted unless expressly so approved by the Planning Board pursuant to Subsection (1)(h).
Aesthetics, screening, landscaping and lighting.
Care shall be taken to provide an aesthetically pleasing, well-landscaped
and maintained facility and to avoid a monotonous or fortress-like
appearance to the extent that the facility may be visible off-site.
Required yards shall be landscaped with a mix of trees, shrubs of
varying sizes and vegetative ground cover as appropriate to the site
and as approved by the Planning Board. The color, material and design
of structures, including their roof pitch, and signs shall be reviewed
by the Architectural and Historic Review Board as to their conformity
with surrounding structures and community character to the degree
said structures are visible to other properties. Security lighting
shall be provided on the site, but in no case shall lighting be directed
so as to cause a nuisance or hazard to other properties.
Limits on storage and use. In no case shall self-service storage facilities permit the storage or maintenance of radioactive, toxic, explosive or controlled substances. The servicing or repair of automotive equipment, tools or machinery and the construction or fabrication of goods or materials shall not take place on the site, either inside or outside the bounds of an individual storage unit. The operation of power tools, spray equipment, compressors and other equipment shall not be permitted as an adjunct to the use or lease of any storage unit. Auctions, garage or tag sales or any other commercial or private sales shall not take place on the site by the lessees of storage units. The owners or operators of the site may conduct public or private sales on the site solely for the purposes of enforcing liens pursuant to § 182 of the Lien Law of the State of New York no more than three times per calendar year. Parking spaces required pursuant to Subsection 3 may not be rented as, nor used for, vehicular storage spaces. No additional parking spaces other than those required pursuant to Subsection (3) of this section may be provided for the unenclosed storage of vehicles or items, including, but not limited to, automobiles, motorcycles, trucks, trailers, vans, recreational vehicles, campers, boats or water craft.
Limits on unit size. The maximum size of a storage
unit permitted in a self-service storage facility is 600 square feet.
In no case shall a single tenant be permitted to rent or lease more
than 1,800 square feet in a single self-service storage facility.
Drainage. Adequate drainage control measures
shall be provided on the site so as to avoid increasing the existing
rates of flow off the site. Provision shall be made for protecting
the quality of the surface water runoff from the site both during
the operation of the site as well as during its construction.
Signs. The provision of § 122-33 shall not apply to this use, but signs shall be permitted as follows: a ground-mounted or pole-mounted sign shall be permitted at the entry of the site. If ground-mounted, such sign shall not be located so as to interfere with the visibility of traffic entering or exiting the site. Such sign shall not be higher than 10 feet, as measured from the top of said sign, and shall not exceed 36 square feet in area. The Planning Board may, in its discretion, permit an additional identification sign or lettering to be affixed to the front facade of the accessory office building. Such sign or lettering may not exceed 36 square feet in size. In no case shall any signage or other attention-getting devices be mounted on the roofs, doors or sides of any structures on the site nor to the site fence. On-site circulation signs shall be provided as needed with the review and approval of the Planning Board.
Accessory uses. A leasing office for the purpose
of leasing the units within the self-service storage facility may
be provided on the site. A manager's apartment may be provided for
the use of a resident, on-site manager in addition to an accessory
leasing office. The combined total size of the manager's apartment
and the leasing office may not exceed 2,400 square feet nor exceed
35 feet in height. In addition, a business or professional office
unrelated to the leasing office may be established within the same
building housing the leasing office or resident, on-site manager's
apartment; provided, however, that such business or professional office
does not employ more than three individuals at any one time and provided
that said office does not exceed 600 square feet.
Parking requirements. Self-service storage facilities shall provide a minimum of one parking space per 100 storage units, in addition to one parking space per 200 square feet of gross office space for the leasing office. Such parking spaces shall be located adjacent to the leasing office. If an on-site manager's apartment is provided, two parking spaces adjacent to said apartment shall be provided for such use in addition to those required for the remainder of the facility. In addition, if a business or professional office unrelated to the leasing office is established pursuant to Subsection (2) above, a minimum of one parking space per 200 square feet of gross office space must be provided adjacent to the leasing office.
Separation requirements. In order to avoid an
excessive concentration of such facilities in the Village of Montgomery,
self-service storage facilities must be separated from the bounds
of a lot containing any other existing such facility or approved site
for such a facility within the Village of Montgomery by 1,500 feet.
No authorization for a building permit or certificate of
occupancy (for a proposed change in use) for a warehouse shall be
granted by the Planning Board, unless the Planning Board shall specifically
find that the proposed special exception use is in keeping with the
intent of the Comprehensive Plan while meeting the following special
conditions:
No warehouse shall be situated on a site that is less than one
acre.
No warehouse building shall be greater than 35,000 square feet
in the B-1 and I-2 Districts and no greater than 80,000 square feet
in the I-1 District.
Safe and adequate internal vehicular traffic circulation patterns
shall be provided on site so that trucks do not have to maneuver within
public rights-of-way and to allow access by emergency service vehicles.
No open storage is allowed. All items and materials shall be
stored completely within the confines of the warehouse building.
Permitted ancillary uses. Professional offices, classrooms,
conference rooms, employee break or dining areas and showrooms are
allowed provided such uses do not occupy more than 20% of the total
building area of the principal warehouse use.
Building design. The Planning Board shall review the color,
materials and design of all structures, including roof pitch, as to
their conformity with surrounding structures, visibility from public
roads, scenic areas, and consistency with community character. Variations
in materials, facade depths and other architectural design elements
shall be used to break up the visual mass of large buildings. Multiple
structures on a single site should have a unified design.
Landscaping. Care shall be taken to provide an aesthetically
pleasing, well-landscaped and well-maintained facility. Parking and
loading areas and required yards shall be landscaped with a mix of
evergreen and deciduous trees and shrubs of varying sizes and vegetative
ground cover as appropriate to the site and approved by the Planning
Board.
Lighting plans should be provided with the Site Plan for review
by the Planning Board. Lighting fixtures should be downcast and shielded
so there is no glare or spillover onto other properties.
Such facilities are prohibited from storing or allowing the
storage of toxic, explosive, flammable or otherwise dangerous and
noxious materials that are incompatible with the public health and
safety or that may pose a risk of groundwater or other contamination.
The facade of any warehouse with more than two loading docks
shall be set back an additional 70 feet from residentially zoned properties.
No loading shall occur from the face of a building facing a
public street.
All activities, including storage, shall be conducted within
the building.
[Added 6-3-1968]
A.
Application for a permit authorizing a special exception use shall be made directly to the Planning Board in the form required by the Planning Board accompanied by a filing fee payable to the Village Clerk and a site plan according to § 122-61.
B.
The Planning Board shall hold a public hearing within 62 days from the time of receipt of the complete application by the Planning Board and shall provide for the giving of notice at least five days prior to the date thereof in the same manner as provided for in § 122-45B(1) through (4) for applications to the Board of Appeals for variances.
[Amended 7-6-1987 by L.L. No. 4-1987; 1-30-1996 by L.L. No.
2-1996]
C.
No action shall be taken on applications referred
to the Orange County Planning Department until the Department's recommendation
has been received or 30 days have elapsed after the Department received
the full statement on the applicant's proposal.
D.
The Planning Board shall render a decision on a special
exception use within 62 days of the public hearing. The time within
which the Planning Board must render its decision may be extended
by the mutual consent of the applicant and the Board. The decision
of the Planning Board shall be filed in the office of the Village
Clerk within five business days after such decision is rendered and
a copy thereof mailed to the applicant.
[Amended 7-6-1987 by L.L. No. 4-1987; 1-30-1996 by L.L. No.
2-1996]
E.
A record shall be established of all special exception
uses granted pursuant to action of the Planning Board under this chapter.
Each case shall be identified by a sequential numbering system and
alphabetically by applicant's name. Said files shall be available
for public inspection.
F.
Upon the granting of a permit for special exception
use by the Planning Board, the Secretary of the Planning Board shall
transmit written approval of such use to the Building Inspector prior
to his issuance of a building permit for the special exception use.
G.
Building permits authorized by Planning Board actions
on special exception cases shall be obtained within 90 days and shall
automatically expire if construction under the permit is not started
within 90 days of issuance and completed within one year. Extensions
of these periods may be granted by the Planning Board where good cause
is shown.
H.
The fee for applications to the Planning Board shall
be determined by the Board of Trustees.
[Amended 4-21-1986 by L.L. No. 1-1986]
I.
The Planning Board shall comply with the provisions
of the State Environmental Quality Review Act under Article 8 of the
Environmental Conservation Law and its implementing regulations.
[Added 1-30-1996 by L.L. No. 2-1996]
A.
Except as otherwise provided in this chapter, the jurisdiction of the Board of Appeals is appellate only and is limited to hearing and deciding appeals from and reviewing any order, requirement, decision, interpretation or determination made by the Building Inspector. On appeal from the decision or determination of the Building Inspector, the Board shall have the power to grant use variances and area variances as specified in Subsection C of this section.
[Added 1-30-1996 by L.L. No. 2-1996]
B.
Guiding principles.
(1)
Every decision by the Board of Appeals granting a
variance shall clearly set forth the nature and extent of such variance.
(2)
Every variance granted by the Board of Appeals may be made subject to conditions and safeguards as the Board shall deem to be applicable to the particular case. Violations of such conditions or safeguards which are a part of the Board's decision shall be deemed a violation of this chapter, punishable under the provisions of Article XII.
(3)
Any variance granted by the Board of Appeals pursuant
to the provisions of this section shall be construed to be a nonconforming
use.
C.
General standards.
(1)
Use variances. No use variance shall be granted by
the Board of Appeals 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 for each and every permitted use under the zoning
regulations for the particular district where the property is located:
(a)
The applicant cannot realize a reasonable return,
provided that lack of return is substantial as demonstrated by competent
financial evidence.
(b)
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.
(c)
That the requested use variance, if granted,
will not alter the essential character of the neighborhood.
(d)
That the alleged hardship has not been self-created.
(2)
Area variances. In making its determination on an
application for an area variance, the Board of Appeals 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:
(a)
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.
(b)
Whether the benefit sought by the applicant
can be achieved by some method feasible for the applicant to pursue
other than an area variance.
(c)
Whether the requested area variance is substantial.
(d)
Whether the proposed variance will have an adverse
effect or impact on the physical or environmental conditions in the
neighborhood or district.
(e)
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.
(3)
In granting use or area variances, the Board shall
grant the minimum variance that it shall deem necessary and adequate
and at the same time reserve and protect the character of the neighborhood
and the health, safety and welfare of the community.
D.
Specific types of variances. In the instances of the following types of variances, the Board of Appeals is hereby specifically empowered to grant the variance pursuant to the guiding principles and general standards stated in Subsections B and C and the following provisions:
(1)
With respect to lots lying across district boundary
lines, to grant a permit, in appropriate cases, where the lot of the
appellant, as such lot existed on the effective date of this chapter,
lies across the boundary of two districts, for the extension into
the more restrictive district of a lawful conforming use permitted
in the less restrictive district, but for a distance not exceeding
50 feet measured at right angles to such district boundary line.
(2)
With respect to nonconforming uses, buildings and
lots:
(a)
To grant a permit for the enlargement or extension
of a nonconforming use or building on the lot occupied by such use
or building on the effective date of this chapter, provided that;
[1]
Such enlargement or extension was arranged,
intended or designed for such nonconforming use or building on the
effective date of this chapter;
[2]
Such enlargement or extension shall not exceed
in all 50% of the replacement cost of the existing building on the
effective date of this chapter, exclusive of foundations; and further
(b)
To grant a permit for the reconstruction, structural
alteration, restoration or repair of a building or structure, used
for a nonconforming use, to an extent exceeding in aggregate 50% of
the replacement cost of such building or structure, exclusive of foundations.
(c)
To grant a certificate of occupancy for a change
in a nonconforming use, provided that:
(3)
With respect to yard requirements, to grant a variance modifying the yard requirements of a nonconforming lot which qualifies under the terms of § 122-39D as to ownership, but where compliance with the dimensional provisions of this chapter is infeasible.
(4)
With respect to fences, to grant a permit, in appropriate cases, for a higher fence or wall than the maximum heights stipulated in § 122-21.
(5)
With respect to accessory parking and truck loading
spaces:
(a)
To waive the requirements of § 122-25B, C and D for off-street parking and truck loading spaces, in whole or in part, in a case where the municipality owns or operates a public parking and/or truck loading area within 500 feet of the lot and where the Board of Appeals determines that there is no need for additional facilities.
(b)
(c)
To permit a reduction in the number of off-street parking spaces or truck loading spaces originally required and installed for a particular use pursuant to § 122-25B, C and D, in cases where the Board of Appeals determines that, by reason of diminution in number of dwelling units or residents or in flood area, seating capacity or area, number of employees or change in other factors determining the demand for such spaces, the proposed reduction in available spaces will be consistent with the requirements of § 122-25B, C and D and further provided that the area so withdrawn from these uses remain in reserve for potential future increases in need.
(6)
Temporary building permits.
(a)
With respect to temporary building permits,
to grant a temporary building permit for a period not to exceed one
year for a nonconforming building, structure or use incidental to
a building or other construction project, including such uses as the
storage of building supplies and machinery, a real estate office or
model houses located on or near a tract of land where individual properties
are being offered for sale, provided that:
[1]
Such temporary permit shall be issued only upon
written agreement by the owner or his agent to remove such building,
structure or use or to convert it to a conforming use upon the expiration
of the permit; and further that
[2]
Such permit shall be subject to such reasonable
conditions as the said Board of Appeals shall determine to be necessary
to protect the public health, safety, morals or general welfare.
(b)
Such permit may be renewed annually, at the
direction of the Board of Appeals, for not more than two additional
years.
[Added 7-6-1987 by L.L. No. 4-1987[1]]
Notwithstanding any contrary provision in the
Village Law, Code of the Village of Montgomery or the Village of Montgomery
Subdivision Regulations,[2] no failure of the Planning Board to render a decision
within a stated period of time shall result in an automatic approval
of a plat, site plan, special exception use or any other application.
