[Amended 5-20-2013 by L.L. No. 8-2013]
8-4-1.
Applicability.
A. This Section shall apply to applications requesting a zoning map
amendment to the PRD, PDD, or TND planned districts and for the Planned
Unit Development Process (PUD), as applicable.
[Amended 9-9-2013 by L.L. No. 17-2013]
B. A conceptual development plan shall be required to petition to rezone
to a planned district or apply for a PUD in an applicable district.
The development plan shall become part of the petition for rezoning
or the application for a PUD and shall be reviewed concurrently.
C. The conceptual development plan procedure is established to assure
that the proposed petition for rezoning or application for a PUD is
consistent with this Ordinance and generally consistent with the policies
of the Comprehensive Plan.
D. A request for rezoning to a planned district or a PUD application
may be initiated by the Town Board, the property owner of the property
to be rezoned or an authorized agent of the owner.
8-4-2.
Application Requirements and Development Plan.
A. An application for planned district rezoning or a PUD application shall be submitted in accordance with §
8-2-2, Application Requirements.
B. All applications shall be complete in accordance with §
8-2-2D before the Planning Director is required to review the application. An application shall not be considered complete until a SEQR determination under Town Code, Chapter
104, Environmental Quality Review, can be made.
C. A conceptual development plan shall be included with the application.
The precise contents of the development plan shall be established
by the Planning Director.
8-4-3.
Action by the Planning Director.
A. Upon receipt of a petition for planned district rezoning or an application
for a PUD, the Town Clerk shall transmit the application and the associated
conceptual development plan to the Planning Director for distribution
to officials and agencies as deemed appropriate for their review,
report and recommendation. Such officials and agencies shall each,
within 30 days from receiving the petition, furnish the Planning Director
a report pertinent to their respective jurisdictions.
B. The Planning Director shall prepare a report that reviews the planned
district rezoning request or PUD application and the associated conceptual
development plan in light of any reports, recommendations, applicable
plans and the general requirements of this Zoning Ordinance. A copy
shall be provided to the Planning Board.
8-4-4.
Action by the Planning Board.[Amended 1-19-2021 by L.L. No. 1-2021]
A. The Planning Board shall schedule a public hearing and give notice in accordance with §
8-2-3, Notice and Public Hearings. The Planning Board shall review the rezoning petition or PUD application and the associated development plan and evaluate the report received from the Planning Director.
B. Within 62 days following receipt of the petition by the Planning
Director, the Planning Board shall furnish to the Town Board and petitioner
either its findings that the proposed planned district rezoning or
PUD application is generally consistent with the policies of the Comprehensive
Plan and the regulations, standards and purpose of this Ordinance
or a finding of any failure of such compliance and a recommendation
that the rezoning be approved, disapproved or modified.
C. The Planning Board may include in a favorable report a recommendation
that the Town Board establish conditions as a part of any resolution
approving the application in order to protect the public health, safety,
welfare and environmental quality of the community and is generally
consistent with the policies of the Comprehensive Plan and this Ordinance.
D. An unfavorable report shall state clearly the reasons therefore and,
if appropriate, point out to the petitioner what changes might be
necessary in order to receive a favorable report.
E. Any person or persons jointly or severally aggrieved by the decision
of the Planning Board concerning such plat, or the changing of the
zoning regulations of such land, or any decision of an officer, department,
board or bureau of the town, may have the decision reviewed by Special
Term of the Supreme Court in a manner provided by Article 78 of the
Civil Practice Law and Rules provided that the proceeding is commenced
within thirty (30) days after the filing of the decision of the Office
of the Town Clerk.
F. Commencement of the proceeding shall stay proceedings upon which
the proceeding is appealed from.
G. In any such proceeding, the person or persons who commence such a
proceeding shall be required to reimburse the Town of Amherst for
all costs, fees and expenses associated with the production of the
record of the action or actions being challenged.
8-4-5.
Review Criteria for a Planned District. In recommending a favorable report to approve a rezoning to a Planned District or a PUD application, the Planning Board shall consider and make findings on the following matters in addition to those specified in §
8-3-5:
A. The proposed conceptual development plan meets the purpose and objectives
of the PRD, PDD, TND or the district in which the PUD is located.
B. For a Planned District rezoning, the proposed conceptual development plan shall meet all the use regulations of Part
6. The dimensional requirements of the PRD, PDD, or TND districts must also be met.
C. A PUD development plan must be consistent with all the applicable use regulations in Part
6 and the purpose statement of the zoning district in which it is located.
8-4-6.
Action by the Town Board.
A. Following completion of Planning Board review and upon written request by the petitioner, the Town Board shall schedule a public hearing and give notice in accordance with §
8-2-3, Notice and Public Hearings. A further public notice shall be published and paid for by the petitioner when a hearing postponement is requested by the petitioner.
B. If the petitioner does not request a public hearing before the Town
Board as provided for by this Ordinance within six months after the
Planning Board makes its report, the petition shall be deemed withdrawn.
C. Upon request, the Town Board shall hold the public hearing and render
a decision within 62 days thereafter. The time within which the Town
Board shall render a decision may be extended by mutual consent of
the petitioner and the Town Board.
D. If the Town Board approves a planned district rezoning the Zoning
Map shall be amended after publication as required by § 265
of NYS Town Law.
E. Amending the Zoning Map or approval of a PUD application does not
constitute recording of a subdivision plat nor authorize the issuance
of building permits. Such actions can only be taken after site plan
approval in accordance with § 8-7 or subdivision approval
in accordance with the Town of Amherst Subdivision Regulations.
F. The determination by the Town Board of whether to approve rezoning to a planned district or a PUD application to adjust any regulations, standards or criteria of this Ordinance shall be based on its review of the proposed conceptual development plan, the report of the Planning Board and the Planning Director and any matters brought forth at the hearing and approval or rejection of a development plan where the Town Board has acted on its own initiative. Such approval shall include the making of the findings specified in §
8-3-5 and §
8-4-5.
G. The Town Board may, in order to protect the public health, safety,
welfare and environmental quality of the community, attach to its
resolution approving an application additional conditions or requirements
consistent with this Ordinance and generally consistent with the policies
of the Comprehensive Plan.
H. If such additional conditions or requirements are proposed, the petitioner
shall be given notice by the Town Clerk in writing of such additional
conditions or requirements within 15 days of the filing of the Town
Board's decision. The Zoning Map shall not be amended or the PUD application
shall not be deemed approved until the petitioner has filed with the
Town Clerk written consent to the development plan as modified. If
additional conditions or requirements are imposed by the Town Board,
a restriction stating those requirements or conditions shall be noted
on the deed. Failure of the petitioner to file consent with the Town
Clerk within 62 days of the Town Board's action shall constitute a
rejection of the conditions, and the application shall be null and
void. Extensions of this period may be granted by the Town Board.
8-4-7.
Decision.[Amended 1-19-2021 by L.L. No. 1-2021]
A. The decision of the Town Board shall be filed in the Office of the
Town Clerk within five (5) business days after the decision is rendered.
A copy of said decision shall then be mailed to the petitioner by
the Town Clerk within three (3) business days of filing.
B. Any person or persons jointly or severally aggrieved by the decision
of the Town Board may have said decision reviewed by the Special Term
of the Supreme Court in a manner provided by Article 78 of the Civil
Practice Law and Rules. Said proceeding must be commenced within thirty
(30) days after the filing of the decision in the Office of the Town
Clerk.
C. In any such proceeding, the person or persons who commence such a
proceeding shall be required to reimburse the Town of Amherst for
all costs, fees and expenses associated with the production of the
record of the action or actions being challenged.
8-4-8.
Subsequent Amendment of Development Plan.
A. Amendments to conditions and restrictions shall be resubmitted and
reviewed for development plan approval as if it were a new application.
Any changes subject to the requirements as defined above shall be
reviewed first by the Planning Board. The Town Board shall be responsible
for final review and action.
B. Amendments to any other conditions and restrictions for the development
plan shall be reviewed and approved in accordance with § 8-7-3
8-4-9.
Resubmittal of Withdrawn or Denied Applications. When a petition has been filed and processed within 10 days prior
to the scheduled public hearing of the Town Board and is thereafter
withdrawn, or is withdrawn or denied after the hearing, a petition
seeking substantially the same relief shall not be considered or voted
on by the Town Board, except for a vote to table or to receive and
file, within one year from the date of such previous filing, unless
the Planning Board shall first find that there have been substantial
changes which would merit a hearing or rehearing, in which case the
Planning Board shall in its recommendation set forth the grounds for
its determination. This restriction shall not apply where the Town
Board has not finally determined the proceeding within 62 days following
the public hearing.
8-4-10.
Development Plan Phasing. If the development is
to be implemented in phases, each phase shall have adequate provision
for access, parking, open space, recreation areas and stormwater management
and other public improvements to serve the development in the event
that other phases are not constructed. All proposed phasing of infrastructure
and utilities shall be shown in the development plan. Where the overall
development will require more than 24 months to complete, such development
shall be required to be phased. Each phase shall be provided with
temporary or permanent transitional features, buffers or protective
areas in order to prevent damage to completed phases, to future phases
and to adjoining property.
8-4-11.
Action Following Development Plan Approval. No
construction or site improvement work may commence until subdivision
approval has been granted, or site plan approval has been granted
and all applicable permits or approvals are obtained in accordance
with § 8-7, Site Plan Review.
[Amended 3-4-2019 by L.L.
No. 6-2019; 12-14-2020 by L.L. No. 18-2020]
8-6-1.
Applicability.
A. Special uses within the zoning districts are generally considered
to be uses which are appropriate in a particular zoning district but
because of their potential for incompatibility with adjacent uses
require individual review and may require the imposition of conditions
in order to assure the appropriateness of the use in a particular
zoning district.
B. A special use permit shall be required in accordance with the district use tables in Part
3, Part
4 and Part
5.
C. The ZBA shall hear and decide all applications for special use permits
in accordance with § 274-b of NYS Town Law, with the exception
of Tier III Solar Energy Systems and dormitories in the NCD zoning
district.
D. The Town Board shall hear and decide all applications for special
use permits in accordance with § 274-b of NYS Town Law for
Solar Energy Systems and dormitories in the NCD zoning district.
8-6-2.
Application Requirements.
A. An application for a special use permit shall be submitted in accordance with §
8-2-2, Application Requirements.
B. All applications shall be complete in accordance with §
8-2-2D before the Zoning Enforcement Officer is required to review the application. An application shall not be considered complete until a SEQR determination under Town Code, Chapter
104, Environmental Quality Review, as amended, can be made.
8-6-3.
Action by the Planning Director. When applicable,
the Planning Director shall prepare a report that reviews the request
for a special use permit.
8-6-4.
Action by the Zoning Enforcement Officer. The Zoning
Enforcement Officer shall prepare a report that reviews the request
for a special use permit.
8-6-5.
Action by the ZBA.
A. Within 62 days following receipt of the application, the ZBA shall schedule a public hearing and give notice in accordance with §
8-2-3, Notice and Public Hearings.
B. After review of the special use permit application and the public
hearing, the ZBA shall make written findings of approval, approval
with modifications or conditions, or denial.
C. After conducting the public hearing, the ZBA shall render a decision
within 62 days thereafter. The time within which the decision shall
be rendered may be extended by mutual consent of the petitioner and
the Board.
D. The ZBA may approve, approve with modifications, or disapprove the
application for a special use permit.
E. The ZBA shall have the authority to impose such reasonable conditions
and restrictions as are directly related to and incidental to the
proposed special use permit. Upon approval of a special use permit,
any such conditions shall be met in connection with issuance of permits
by applicable agents and officers of the Town.
8-6-6.
Action by the Town Board.
A. Following completion of Planning Board review of a request for a Tier III Solar Energy System or dormitories in the NCD zoning district, and upon written request by the petitioner, the Town Board shall schedule a public hearing and give notice in accordance with §
8-2-3, Notice and Public Hearings. A further public notice shall be published and paid for by the petitioner when a hearing postponement is requested by the petitioner.
B. If the petitioner does not request a public hearing before the Town
Board as provided for by this Ordinance within six months after the
Planning Board makes its report of a request for a Tier III Solar
Energy System or dormitories in the NCD zoning district, the petition
shall be deemed withdrawn.
C. Upon request, the Town Board shall hold the public hearing and render
a decision on a request for a Tier III Solar Energy System or dormitories
in the NCD zoning district within 62 days thereafter. The time within
which the Town Board shall render a decision may be extended by mutual
consent of the petitioner and the Town Board.
D. The Town Board may approve, approve with modifications, or disapprove
the application for a special use permit for a Tier III Solar Energy
System and dormitories in the NCD zoning district.
E. The Town Board shall have the authority to impose such reasonable
conditions and restrictions as are directly related to and incidental
to the proposed special use permit for a Tier III Solar Energy System
and dormitories in the NCD zoning district. Upon approval of a special
use permit, any such conditions shall be met in connection with issuance
of permits by applicable agents and officers of the Town.
8-6-7.
Review Criteria.
A. In rendering a decision, the ZBA and the Town Board, where applicable,
shall consider and make findings that the proposed use:
(1)
Will be generally consistent with the policies of the Comprehensive
Plan;
(2)
Meets any specific criteria set forth in this Ordinance;
(3)
Will be compatible with existing uses adjacent to and near the
property;
(4)
Will be in harmony with the general purpose of this Ordinance;
(5)
Will not tend to depreciate the value of adjacent property;
(6)
Will not create a hazard to health, safety or the general welfare;
(7)
Will not alter the essential character of the neighborhood nor
be detrimental to the neighborhood residents; and
(8)
Will not otherwise be detrimental to the public convenience
and welfare.
B. Commercial recreation activities not conducted within completely
enclosed buildings may be permitted by the Zoning Board of Appeals
in accordance with this Section. In evaluating the application for
the special permit, In addition to the review criteria in § 8-6-7A,
the ZBA may also consider the proximity of any commercial outdoor
recreation activities to residential and nonresidential properties,
noise, odors, lighting and hours of operation. In approving a permit,
the ZBA may impose conditions to eliminate or mitigate off-site impacts
of the commercial outdoor recreation activity.
8-6-8.
Conditions on Special Use Permits.
A. The ZBA and the Town Board, where applicable, may impose such conditions
upon the premises benefited by a special use permit as may be necessary
to prevent or minimize adverse effects upon other property in the
neighborhood, including limitations on the time period for which the
permit is granted.
B. Such conditions shall be expressly set forth in the resolution authorizing
the special use permit.
8-6-9.
Notice of Decision. The decision of the ZBA and
Town Board, where applicable, shall be filed in the Office of the
Town Clerk within five business days after the decision is rendered,
and a copy mailed to the petitioner.
8-6-10.
Renewal of Special Use Permits with Specific Time Periods. Special use permits that have been issued for specific time periods
are subject to review for compliance with all of the conditions imposed
at the time of approval of the initial permit. Following a public
hearing on the matter, the ZBA and Town Board, where applicable, may
deny a renewal of a special use permit when any of the following apply:
A. The petitioner has failed to comply with one or more of the conditions
of the prior approval;
B. Substantial new issues regarding the permit conditions during the
operation of the use have arisen;
C. The general requirements of this Zoning Ordinance have not been met;
D. There are changes in the area or neighborhood which would be incompatible
with the special use.
8-6-11.
Period of Validity.
A. A special use permit shall become null and void twelve months after
the date on which it was issued unless the special use is established
within twelve months of the date of ZBA or Town Board approval.
B. A special use permit shall become null and void upon a finding by
the Zoning Enforcement Officer that any of the conditions in the permit
have been violated.
C. A special use permit shall be deemed to authorize only the particular
use or its operation for which it was issued, and such permit shall
automatically expire and cease to be of any force or effect if such
use shall, for any reason, be discontinued for a period of six consecutive
months.
[Amended 4-8-2014 by L.L. No. 7-2014]
8-11-1. Applicability. A coordinated sign plan shall be required
for all signs requiring a building permit in a multiple development
prior to issuance of said permit. For multiple developments in the
PRD and PDD districts, the coordinated sign plan is required unless
the sign regulations are superseded by the development agreement.
8-11-2. Application Requirements.
A. An application for a coordinated sign plan shall be submitted in accordance with §
8-2-2, Application Requirements.
B. All applications shall be complete in accordance with §
8-2-2D before the Planning Director is required to review the application.
C. The
content of the coordinated sign plan application shall be approved
by the Planning Director prior to filing.
8-11-3. Coordinated Sign Plan Review and Approval. A Coordinated
Sign Plan only requires Planning Director approval. At his discretion,
the Planning Director may refer said coordinated sign plan to the
Planning Board for their review and decision.
A. When
reviewing a coordinated sign plan, the Planning Director shall consider
the review criteria listed in § 7-8-12.
B. Within
30 days of receipt of a complete application, the Planning Director
shall, after receiving recommendations form the Town’s review
agencies along with any appropriate outside agency, approve, approve
with modifications, or deny the coordinated sign plan.
C. The
Planning Director may grant coordinated sign plan approval with conditions
only to the extent that such conditions specify the actions necessary
to bring the application into complete compliance with applicable
regulations or where additional conditions have been agreed to by
the petitioner. If the proposed coordinated sign plan is determined
to be consistent with all applicable regulations, the Planning Director
shall approve the coordinated sign plan.
D. The
Planning Director shall have sole authority in determining the compliance
of a coordinated sign plan with the provisions of this Ordinance and
its general consistency with the policies of the Comprehensive Plan.
E. The
date the Planning Director signs the approved coordinated sign plan
shall establish the date of approval for a coordinated sign plan.
F. Should
questions arise regarding a sign’s conformance with an approved
coordinated sign plan, the Building Department shall refer said sign
to the Planning Director for determination prior to the issuance of
a building permit.