[1]
Editor's Note: Former § 295-43, Establishment and composition,
was repealed 11-25-2019 by L.L. No. 4-2020.
The ZBA shall act in strict accordance with the procedure specified
by law and by this chapter. All appeals and applications made to the
ZBA shall be in writing on forms prescribed by the ZBA. Every appeal
or application shall refer to the specific provision of the chapter
involved and shall set forth the interpretation that is claimed, the
details of the variance that is applied for or the use for which the
special exception is sought and the basis thereof.
A.
General.
(1)
All correspondence to the Zoning Board shall be mailed to:[1]
The Village of Whitesboro
c/o Chairperson, Zoning Board
10 Moseley Street
Whitesboro, New York 13492-1202
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[1]
Editor's Note: Former Subsection A(2), which set the meeting
time and place for the Zoning Board of Appeals meetings, and which
followed this subsection, was repealed 11-25-2019 by L.L. No. 4-2020.
(2)
The Zoning Board shall meet on the third Tuesday of each month at
7:00 p.m., unless otherwise noted on the Village Clerk's calendar,
at the Village offices located at 10 Moseley Street.
B.
Applications.
(1)
A copy of the denial letter issued to the appealing applicant shall
accompany all applications. Applications shall be made within 60 days
of the issuance of such a denial.
(2)
All applications to the Zoning Board shall be on a form prescribed
by the Codes Enforcement Officer and shall be available from the Village
Clerk or Codes Enforcement Officer.
(3)
All applications shall be accompanied by a to-scale drawing showing
footprints of all existing and proposed structures on the property.
Said structures shall be drawn complete with front, side and rear
setback dimensions. The Zoning Board reserves the right to request
this information be provided by a licensed surveyor or professional
engineer.
(4)
All variance applications shall be submitted with a short environmental
assessment form. The Board reserves the right to request a long environmental
assessment form.
C.
Meetings.
(1)
To be placed on the agenda for a meeting, an applicant must have
all required materials submitted and fees paid at least 10 business
days prior to the meeting.
(3)
The first meeting with an applicant:
(a)
The Board shall allow the applicant time to share information
the applicant may feel is prudent to their appeal.
(b)
The Board shall determine whether a complete application has
been submitted.
(c)
Identify any additional information the board may require.
(d)
Refer the matter to any other involved agencies, including but
not limited to the Oneida County Zoning Board or Village Zoning Board
if required.
(e)
Establish a public hearing date. Public hearings shall only
be set upon receipt of a complete application as determined by the
ZBA.
(4)
The second meeting with an applicant:
(a)
A public hearing, as scheduled, shall be held. When information
is found incomplete or further information is requested, the Board
may hold open the public hearing and adjourn until the following meeting
for submission of such information.
(b)
The Board shall review any additional information submitted.
(c)
The Board shall review all reports from, but not limited to,
the Oneida County and/or Village Zoning Board to which the application
was referred.
(d)
The Board may consider whether or not to vote to approve or
deny an application following the close of the public hearing. If
the Board wishes to further consider the matter(s) at hand, it must
vote within 62 days of the public hearing.
D.
Variance criteria. The following criteria shall be met for an appeal
to be considered.
(1)
Use variance:
(a)
Applicant cannot realize a reasonable return, provided that
lack of return is substantial as demonstrated by competent financial
evidence.
(b)
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)
The requested variance, if granted, will not alter the essential
character of the neighborhood.
(d)
The alleged hardship has not been self-created.
(2)
Area variance:
(a)
An undesirable change will be produced in the character of the
neighborhood or granting the variance will create a detriment to nearby
properties.
(b)
The benefit sought by the applicant can be achieved by some
method, feasible for the applicant to pursue, other than a variance.
(c)
The requested variance is substantial.
(d)
The proposed variance will have an adverse effect or impact
on the physical or environmental conditions in the neighborhood or
district.
(e)
The alleged difficulty was self-created, which consideration
shall be relevant to the decision but shall not necessarily preclude
granting the variance.
(3)
If a variance is being considered, the ZBA shall grant the minimum
variance deemed necessary and adequate to address the unnecessary
hardship proven by the applicant, while preserving and protecting
the character of the neighborhood and the health, safety and welfare
of the community.
E.
Presence of the applicant mandatory.
(1)
No action will be taken on any application unless the owner or owner's
legal representative is present.
(2)
If for any application the ZBA has scheduled, the applicant or applicant's
representative fails to appear, the applicant will be deemed to have
consented to an extension for review at the next regularly scheduled
meeting.
(3)
In the event an applicant or applicant's representative fails to
appear at two consecutive ZBA meetings on which his or her matter
was scheduled to be discussed, the applicant will be deemed to have
abandoned the application and the ZBA may vote to deny based on the
applicant's abandonment of application.
All meetings of the ZBA shall be held at the call of the Chairperson
and at such other times as such Zoning Board may determine. The Chairperson
or, in his/her absence, the Acting Chairperson may administer oaths
and compel the attendance of witnesses. Meetings of the ZBA shall
be open to the public. Such ZBA 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, and shall also keep records
of its examinations and other official actions.
All decisions of the ZBA shall be by resolution, and a copy
of each decision shall be sent to the applicant, to the Village Clerk
and to the Codes Enforcement Officer. Every rule, regulation, amendment
or repeal thereof and every order, requirement, decision or determination
of the ZBA shall immediately be filed in the office of the Board and
shall be a public record. Each decision shall set forth fully the
reasons for the decision of the ZBA and the findings of fact on which
the decision was based. Such findings and reasons shall include references
to the standards pertaining thereto where the appeal is for a variance
or a special exception.
A.
The ZBA shall hear and decide appeals from and review any order,
requirement, decision or determination made by the Codes Enforcement
Officer. It shall also hear and decide all matters referred to it
upon which it is required to pass under this chapter. The concurring
vote of a majority of the ZBA shall be necessary to reverse any order,
requirement, decision or determination of the Codes Enforcement Officer
or to decide in favor of the applicant on any matter upon which it
is required to pass under this chapter or to effect any variation
in this chapter. Such appeal may be taken by any persons aggrieved
or by an officer, department, board or bureau of the Village.
B.
Such appeal shall be taken within 60 days or such additional time
as shall be prescribed by the ZBA by general rule, by filing with
the Codes Enforcement Officer and with the ZBA a notice of appeal,
specifying the ground thereof. The Codes Enforcement Officer shall
forthwith transmit to the ZBA all of the papers constituting the record
upon which the action appealed was taken.[1]
An appeal stays all proceedings in furtherance of the action
appealed from unless the Codes Enforcement Officer from whom the appeal
is taken certifies to the ZBA, after the notice of appeal shall have
been filed with the Codes Enforcement Officer, that by reason of facts
stated in the certificate a stay would in his/her opinion cause imminent
peril to life or property; otherwise proceedings shall not be stayed
except by a restraining order which may be granted by the ZBA or by
a court of record on application, on notice to the officer from whom
the appeal is taken and on due cause shown.
The Zoning Board shall fix a reasonable time for the hearing
of the appeal and give due notice thereof to the parties and by publication
at least once in the official newspaper seven days before the date
of the hearing, and shall decide the same within 62 days from the
date of public hearing. Upon the hearing, any party may appear in
person or by legal agent or by attorney.
Each application for a variance, special exception, zone change,
appeal or zoning amendment shall be accompanied by a fee to cover
the costs of the public hearing, in an amount set by resolution of
the Board of Trustees. No application will be accepted and no public
hearing will be scheduled until such fee is deposited with the Village
Clerk. The unused portion of such fee will be refunded to the applicant.
The Zoning Board shall have the following powers and duties
prescribed by statute and by this chapter as described below:
B.
Interpretation: on appeal from a determination of the Codes Enforcement
Officer, to hear and decide on questions where it is alleged there
is an error in any order, requirement, decision or determination made
by the Codes Enforcement Officer involving the interpretation of any
provision of this chapter.
C.
Variance: on appeal from a determination of the Codes Enforcement
Officer and in conformity with law, to vary the requirements as they
apply to a particular lot where the property owner can show that his/her
property was acquired in good faith and where the strict application
of this chapter would result in practical difficulty or unnecessary
hardship. No application for a variance shall be acted on until the
required public hearing has been held. The Board of Appeals shall
prescribe appropriate conditions and safeguards to carry out the requirements
of this subsection and shall not grant any variance unless it shall
make a finding of fact, based upon the evidence as presented to it,
in each specific case, that:
(1)
Because of exceptional narrowness, shallowness, shape or area of
the specific parcel, or because of extraordinary topographic conditions
or other physical condition or location of the specific parcel, the
strict application of the provisions of this chapter actually prohibit
or unreasonably restrict the use of the land or building for which
such variance is sought; that the granting of the variance is necessary
for the reasonable use of such property; and that the variance granted
by the ZBA is the minimum variance that will provide for the reasonable
use of the property; or
(2)
The granting of the variance will alleviate a clearly demonstrable
hardship as distinguished from a special privilege or convenience
sought by the owner, which conditions are peculiar to such land or
building and do not apply generally to land or buildings in the vicinity
or neighborhood and have not resulted from any act of the applicant
subsequent to the adoption of this chapter; and
(3)
In any case, the granting of the variance will be in harmony with
the intent and purpose of this chapter and will not constitute, in
effect, an amendment of any district regulations or boundaries or
uses and will not be injurious to the neighborhood.
D.
Special exception, on application: Supplementing an application to
the Codes Enforcement Officer for a permit or certificate of occupancy,
the ZBA may authorize the Codes Enforcement Officer to grant a permit
for any use for which approval of the ZBA is required by this chapter.
The ZBA shall, pursuant to law, hold a public hearing on any such
application prior to acting thereon. In authorizing such permit, the
ZBA may designate appropriate conditions in harmony with the following
standards:
(1)
The use shall be of such location, size and character that it will
be in harmony with the appropriate and orderly development of the
district in which it is situated and will not be detrimental to the
orderly development of adjacent districts and uses.
(2)
The location and size of the use, the nature and intensity of the
operations involved in or conducted in connection therewith, its site
layout and its relation to streets giving access to it shall be such
that traffic to and from the use and the assembly of persons in connection
with it will not be hazardous or inconvenient to the neighborhood
or conflict with the normal traffic of the neighborhood. In applying
this standard, the ZBA shall consider, among other things, convenient
routes of pedestrian traffic, particularly of children, relation to
main traffic thoroughfares and to street and road intersections and
the general character and intensity of development of the neighborhood.
(3)
The location and height of buildings, the location, nature and height
of walls and fences and the nature and extent of landscaping on the
site shall be such that the use will not hinder or discourage the
proper development and use of adjacent land and buildings or impair
the value thereof.
Special exceptions to be considered by the Zoning Board include
the following:
A.
Public utility station or structure. Such uses shall include electric
substations, transformers, switches, auxiliary apparatus serving a
distribution area and water pumping stations in any residential district
and shall be subject to the following regulations:
(1)
Such facility shall not be located on a residential street (unless
no other site is available) and shall be so located as to draw a minimum
of vehicular traffic to and through such streets.
(2)
The location, design, and operation of such facility shall not adversely
affect the character of the surrounding residential area.
B.
Drive-in restaurant or refreshment stand. In addition to meeting
the minimum yard and lot coverage requirements, such businesses where
persons are served in automobiles or out-of-doors shall be subject
to the following regulations:
(1)
Such use shall have frontage on a public street.
(2)
Ingress and egress shall be so designed as to minimize traffic congestion,
and for this purpose the number and location of driveways shall be
subject to review and approval of the ZBA.
(3)
Such use shall be adequately fenced and screened from any adjacent
residential property, and lighting shall be directed away from adjacent
property.
C.
Auto wash. In addition to meeting the minimum yard and lot coverage
requirements, any auto wash establishment shall be subject to the
following regulations:
D.
Commercial excavation. Except in a commercial excavation district
and, except when incidental to the construction of a building on the
same lot, the excavation, processing or sale of topsoil, earth, sand,
gravel, clay or other natural deposits is subject to the following
conditions:
(1)
An application shall be made to the ZBA for a special exception for
commercial excavation.
(2)
In its consideration of said application, the ZBA shall find that
such excavation will not endanger the stability of adjacent land or
structures nor constitute a detriment to public welfare, convenience,
or safety by reason of excessive dust, noise, traffic or other condition.
The ZBA shall specify any reasonable requirements to safeguard the
public health, safety and welfare in granting such permit, including
the following:
(a)
The slope of material in such topsoil, sand, gravel, clay or
other earth shall not exceed the normal angle of repose of such material.
(b)
The top and the base of such slope shall not be nearer than
50 feet to any property line nor nearer than 50 feet to the right-of-way
line of any street or highway.
(c)
A plan for restoration and rehabilitation of a commercial earth
excavation area or borrow pit shall accompany the application for
a special exception and shall assure conformance with the public health,
safety and welfare. The ZBA, upon approval of such plan, shall require
a performance bond to assure rehabilitation of commercial excavation
sites in conformance therewith.
E.
Junkyard. No junkyard shall be operated or established hereafter
in any area of the Village.
F.
Banks with either a drive-thru window or an external automatic teller
machine. In addition to meeting the minimum yard and lot coverage
requirements, such businesses shall be subject to the following regulations:
(1)
Ingress to and egress from such a use shall not degrade public safety
nor significantly add to traffic congestion upon any existing nearby
right-of-way.
(2)
On-site circulation pattern and on-site capacity shall be designed
and sized to adequately accommodate reasonably anticipated peak usage
to avoid obstructing any existing right-of-way.
(3)
Such use shall have lighting that minimizes glare and shall have
screen plantings that adequately shield the headlights of vehicles
on the site from disturbing others on surrounding parcels and from
confusing others on neighboring thoroughfares.
G.
Existing mobile homes only in the R-2 Zoning District may be replaced
by a newly manufactured home containing the same or greater usable
square footage only if the ZBA grants a special exception. Such a
new replacement manufactured home on the parcel shall meet all other
zoning ordinance requirements, including but not limited to setback
dimensions, and lot coverage percentage, as well as all other regulatory
requirements, including but not limited to the floodplain regulations.
The said new replacement manufactured home shall also be securely
anchored to the foundation or ground to protect against movement in
strong winds.
H.
Storage warehouse. Any use in the C-2 Commercial Zoning District
that is primarily a storage warehouse. Such uses shall be subject
to the following regulations:
(1)
Such use shall have adequate room on site for the maneuvering of
trucks, the parking of trucks to load and unload, as well as for the
vehicles of its employees and its customers.
(2)
Ingress and egress shall be so designed to minimize traffic impact.
(3)
Such use shall have adequate screening and minimal lighting glare
when viewed from the residential property within 300 feet of the site.
(4)
Neither noise, refuse, snow, surface water or odors emanating from
the site shall be disruptive to the character of either the residential
or the commercial property within 500 feet of the site.
(5)
The size of the proposed new structure or addition shall not be disproportionately
larger nor its eave height or roof ridge line disproportionately higher
than the other commercial structures within 500 feet of the site.
I.
Self-storage unit facility. All self-storage unit facilities shall
conform to the following standards:
(1)
The use shall be limited to individual storage compartments/units
not to exceed 200 square feet.
(2)
The proposed structure shall conform to the requirements of the New
York State Uniform Fire Prevention and Building Codes.
(3)
All storage units shall be of neutral tones which harmonize with
the surrounding area.
(4)
No self-storage units shall exceed one story in height.
(5)
No outside storage is allowed.
(6)
No electrical outlets shall be allowed in individual units.
(7)
Lights shall be directed away from adjacent property. No self-storage
facility shall exceed five acres in size. The facility size shall
be calculated by the units, roadways/paved surfaces, fencing, as well
as the landscape buffer, and all other associated items.[1]
(8)
No used storage units that had a different principal use will be
allowed to be called a storage unit. Example: tractor trailers.
(9)
Such use shall be adequately fenced and screened from any adjacent
property and lighting.
(10)
Site plan review shall be required by the Zoning Board.
A.
Special exceptions in the Main Street District (MSD) shall be considered by the Zoning Board of the Village of Whitesboro, which is hereby given the authority to grant special exceptions for uses in the Main Street District pursuant to the provisions of § 295-52D(1), (2) and (3) as well as the criteria set forth in §§ 295-13 and 295-35.
[Amended 7-1-2013 by L.L. No. 2-2013]
B.
Main Street District (one- or two-family dwelling, commercial use,
mixed use or three or more dwelling units.)
(1)
Development shall be regulated as follows: site plan review shall
be required by the Zoning Board with respect to all special exceptions.
(2)
Existing structure.
(a)
One- or two-dwelling units may be established in an existing
structure without the necessity of applying for a special exception,
but plans must be submitted to the Codes Enforcement Officer to obtain
a building permit for structural alterations and approval of plans,
including confirmation that dwelling units meet the minimum of 850
square feet/unit standard.
(b)
All other uses require application to the Zoning Board for approval on prescribed forms together with plans showing interior and exterior improvements contemplated, including proposed off-street parking. The minimum/maximum unit dimensions required as set forth in Schedule A, Part IV, Main Street District, need to be complied with, except as set forth in Subsection B(2)(d) hereof. The Zoning Board shall be entitled to grant a special exception even if the lot size, lot coverage, building height and yard dimension(s) requirements are not met, but the Zoning Board shall consider such factors in determining whether to grant a special exception for the proposed use.
[Amended 7-1-2013 by L.L. No. 2-2013]
(c)
In the event an application for a special exception is submitted
and the proposed plans include any new buildings or enlargement of
existing structures, an area variance shall first be required by the
Zoning Board if the improvements do not comply with lot size minimum;
lot coverage maximum; building height maximum and/or minimum yard
dimensions.
(d)
For existing structures, the Zoning Board may authorize one
nonconforming dwelling unit, provided it meets all criteria required
by the New York State Building Code, as well as the following criteria:
(3)
New structure.
(a)
All new development must comply with the lot size minimum, lot coverage maximum, building height maximum and yard dimensions standards, except that the Zoning Board may grant an area variance for a new structure which will contain one or two dwelling units, based upon standard criteria as set forth in Article VIII [§ 295-45D(2)].
(b)
An application for special exception must then be approved by
the Zoning Board, except for a one- or two-family dwelling.
[Amended 7-1-2013 by L.L. No. 2-2013]
(4)
Main Street District, drive-through: