Any legally established principal or accessory use, building,
improvement or lot not in compliance with the provisions of this chapter
or subsequent amendments shall be regarded as a nonconforming element
subject to the following provisions:
A.
Modifications. Any modification of a nonconforming element including
any addition, enlargement, alteration, structural alteration or change
in use shall be subject to the provisions of this section.
B.
A nonconforming building is a preexisting principal or accessory
structure that does not comply with applicable yard, setback, height,
lot coverage or similar dimensional requirements.
(1)
General maintenance and repair. Except as otherwise provided for
in this section, nonconforming buildings may continue to exist, be
maintained and repaired.
(2)
Structural alterations, renovations and additions. Alterations, renovations
and additions to a nonconforming building may be made upon issuance
of a building permit; provided, however, that these modifications
do not increase the degree of a nonconforming element or expand a
nonconforming use that may be related to the structure. For example,
an increase in the degree of nonconformity includes an addition to
or enclosure of a porch that protrudes into a required yard; conversely
a conforming addition in the rear yard would not affect a front yard
nonconformity. For purposes of enforcement, any modifications that
increase the degree of nonconformity shall be subject to an area variance
by the Zoning Board of Appeals.
(3)
Damaged structures. A nonconforming building may be repaired and
restored to its former condition except where damage or deterioration
involves more than 50% of the floor area or exceeds 50% of the total
replacement cost of the damaged structure as determined by a licensed
adjuster, appraiser or other legal representative of the insuring
company. If, however, a discrete portion of a structure (such as a
porch, vestibule, garage, etc.) is the sole basis for the nonconformity
and only that portion is damaged more than 50% of its floor area,
then it may be repaired or restored upon issuance of a special permit
by the Zoning Board of Appeals.
C.
A nonconforming use is a legally preexisting activity or land use
occurring on or associated with a structure or site and is not permitted
by building or zoning permit, site plan review or a special permit
approval in the applicable zone district. A nonconforming use may
be found to occur in conforming structures.
(1)
Except as otherwise provided in this article, nonconforming uses
may continue to exist.
(2)
A nonconforming use may not be enlarged to occupy additional floor
area within an existing structure or additional lot space, nor be
converted to another use except in conformance with this chapter.
For purposes of enforcement, any such proposed modification or enlargement
of a nonconforming use shall be subject to approval of a variance
from the Zoning Board of Appeals.
(3)
A nonconforming use may be changed to another nonconforming use of
the same or comparable land use classification only upon issuance
of a special permit by the Zoning Board of Appeals and upon finding
that the proposed use will have a lesser impact on surrounding properties
than the existing use. In its determination, the Zoning Board of Appeals
shall consider parking demand, pedestrian and traffic volume, intensity
of use, hours of activity, noise levels and any other factors considered
relevant under the circumstances.
(4)
A nonconforming use, if changed to a conforming use, shall not thereafter
be changed back to a nonconforming use.
(5)
The provisions of Subsection B above regarding repair and restoration of damaged structures shall apply to conforming buildings containing a nonconforming use.
(6)
Any previously established permitted use now subject to the site
plan review or special permit requirements of this chapter shall be
regarded as nonconforming use if it does not comply with the current
site plan review or special permit requirements.
(7)
A nonconforming use of a building or land which has ceased operation
for 12 months shall be deemed abandoned and may not be reestablished
as a nonconforming use, and after that such structure or land or portion
of it shall be used in conformity with this chapter. If upon a finding
by the Zoning Board of Appeals that a nonconforming use occupies a
building uniquely designed for its use (e.g., two-family dwelling)
then a nonconforming use may be reestablished within 24 months.
D.
A nonconforming lot is a parcel of land legally established pursuant to the Town's Subdivision Regulations (Chapter 224) but does not meet the current dimensional requirements for lot width, depth or area, if any, of the applicable zone district regulations. Lots established without Town subdivision approval are considered legal if they were filed and recorded in the Office of the Oneida County Clerk prior to the date of the enactment of this chapter by the Town Board and conformed to the zoning requirements in effect at the time of filing. A nonconforming lot in any district may be improved with a permitted site plan review or special permit use if all applicable setbacks, yards, dimensional, parking, and/or screening requirements are met.
E.
Other nonconforming elements.
(1)
Parking. No modification of a building (whether an addition or an
internal renovation) which increases the floor area devoted to an
otherwise conforming use shall be made if such modification increases
the degree of nonconformity with respect to off-street parking requirements.
A.
Purpose. Site plan review seeks to promote the optimum site design
within the limits of the dimensional requirements established in the
zone district regulations. The standards and procedures regulate the
placement and design of buildings and improvements on a single property
in order to achieve physical arrangements that are most appropriate
to site conditions, public services, environmental resources and neighborhood
character.
B.
Authority. (See also Article VI, Administration and Enforcement.)
(1)
Delegation. The Planning Board is authorized pursuant to New York
State Town Law § 274a to review and approve all site plans
for uses listed in the zone district regulations in conformance with
the provisions of this article.
(2)
Compliance with review. No use, building or improvement requiring
site plan review by this zoning chapter shall be occupied, modified,
altered or changed except in compliance with the procedures and standards
of this article.
(3)
Relationship to special permit and variance. Unless required as a
condition of approval, site plan review shall not be required for
any use, structure or improvement approved pursuant to a variance
or special permit procedure.
D.
Standards of review.
(1)
Town Plan, Zoning and Building Codes. The Code Enforcement Officer
shall evaluate the proposed site plan for conformance with the New
York State Uniform Fire Protection and Building Code, the Town Plan
and any applicable Town planning policies or zoning requirements.
Potential areas of noncompliance, if any, shall be reported to the
Planning Board.
(2)
Relationship to site conditions.
(a)
The proposed site plan shall be appropriate to the existing
or proposed site conditions, such as slope, soil or drainage, and
any changes in grade or vegetation, shall be appropriately designed
for the site.
(b)
Proposed changes in grade and ground cover during and after
construction shall not cause erosion or adverse effects on drainage
patterns.
(3)
Relationship to surrounding properties.
(a)
The proposed site plan shall ensure that the size, placement,
design and construction materials of any buildings or improvements
are compatible with the character and use of surrounding properties
and neighborhoods.
(b)
The proposed site plan shall ensure that drainage, lighting,
signage and any other exterior effects of the proposal do not adversely
affect surrounding properties.
(4)
Vehicular and pedestrian circulation.
(a)
The size, location, design, directional signage, pavement composition
and lighting of the vehicular and pedestrian areas will properly accommodate
the anticipated traffic volumes in a safe and efficient manner.
(b)
The proposed site plan shall provide vehicular and pedestrian
connections to the public street(s) and sidewalks, if any, that are
adequate in number, size, location and design and which will be established
in conformance with applicable Town, county or State Transportation
Departments' engineering standards for safe and efficient site access
and egress.
(c)
The proposed site plan adequately provides for emergency vehicle
access to and from the site and to areas around the buildings.
(d)
The proposed site plan adequately provides for the storage and
discharge of stormwater and snow from vehicular and pedestrian areas.
(5)
Services and utilities. The proposed site plan contains provision
for water supply, wastewater disposal, drainage, fire protection and
solid waste disposal that are adequate for the proposed use, established
in conformance with applicable permit standards and procedures, and
are consistent with the Town's long-term objectives for public facilities
and services.
(6)
Environmental resources.
(a)
The proposed site plan provides for the placement of buildings,
paved areas and other improvements in a manner which avoids adverse
impacts upon, identified environmental or historical resources and,
when necessary, establishes appropriate alternatives or mitigation
measures of any adverse effects.
(b)
Any changes or intrusions on identified resources are performed
in conformance with applicable permit standards and procedures.
(7)
Aesthetics.
(a)
The Planning Board shall ensure that the design and use of materials
on all buildings, improvements and landscaping enhance the appearance
of the site and do not detract from the appearance of the neighborhood.
(b)
The Planning Board shall ensure that the placement and design
of parking, loading, storage and service areas includes adequate buffers
and/or screening appropriate to the character of the neighborhood
and adjacent properties.
E.
Additional conditions upon site plan review. The Planning Board may
impose additional conditions in compliance with the requirements of
this chapter and upon approval of a site plan which, in its opinion,
are reasonable and necessary, including but not limited to restrictions
upon methods of construction, type, composition and appearance of
building materials and modifications of the size, number and design
of any improvements, such as signs, plantings, pavement areas and
parking.
F.
Existing use or structure. Any use or structure established as a
matter of right prior to the enactment of this chapter, but which
is now subject to the issuance of a site plan review, shall be subject
to the provisions of this article.
G.
Site design standards and criteria for selected uses or structures:
(1)
Farm stand.
(a)
The products sold from a farm stand shall be limited to field,
fruit, vegetable or ornamental plant crops grown on the same farm.
(b)
A farm stand shall not exceed 1,500 square feet.
(c)
The farm stand shall be located no closer than 30 feet from
the edge of the public right-of-way and no closer than 10 feet from
any side property line.
(d)
Access to the public highway shall be limited to existing driveways
or to new driveways established pursuant to permits from the Town
Highway Superintendent, the Oneida County Department of Public Works
or the New York State Department of Transportation.
(e)
Customer parking spaces shall be provided on site, and the vehicle
maneuvering area shall be maintained out of the public right-of-way.
(2)
Outdoor sales and storage.
(a)
The portion of a site used for outdoor storage or sale shall
be maintained within the specific area or areas as shown on the plan
approved by the Zoning Board of Appeals.
(b)
Any material to be sold or stored out-of-doors shall be maintained
in a neat and orderly manner and shall not intrude into any required
front, side or rear yards.
(c)
Any lighting shall be designed to eliminate direct glare upon
neighboring properties.
A.
Purpose. Special permit review seeks to ensure that certain permitted
uses are established in a manner that is most appropriate and compatible
to a site, neighborhood and zone district.
B.
Authority. (See also Article VI, Administration and Enforcement.)
(1)
Delegation. The Zoning Board of Appeals shall have the power to review
and approve, approve with modifications or disapprove all special
permit uses listed in the zone district regulations pursuant to New
York State Town Law § 274-b and the provisions of this article.
(2)
Compliance with review. No use, building or improvement requiring
special permit review shall be occupied, enlarged, modified, altered
or changed except in compliance with the procedures and standards
of this article.
(3)
Relationship to site plan review and variances.
(a)
The Zoning Board of Appeals, after review, may refer all special
permit proposals to the Planning Board for an advisory review and
comments; separate site plan review by the Planning Board is not required
when a land use or structure is subject to special permit review;
however, Planning Board review and approval of the proposal can be
required by the Zoning Board of Appeals, as a condition of special
permit approval.
(b)
In the event that an area variance from zoning dimensional requirements
is to be requested, the Zoning Board of Appeals may simultaneously
review and decide such a request during the special permit review.
D.
Additional conditions upon special permit approval. The Zoning Board
of Appeals may impose additional conditions in compliance with the
requirements of this chapter and upon approval of a special permit
which, in its opinion, are reasonable and necessary; these conditions
may include, but are not limited to, restrictions on construction
methods, hours of operation, or type of equipment used in the operation
of the use. The Zoning Board of Appeals may also require modification
of the size, number and design of any improvements, such as signs,
plantings, pavement areas, parking or building materials.
E.
Existing uses. Any use or structure established as a matter of right
prior to the enactment of this chapter, but which is now subject to
the issuance of a special permit, shall be subject to the provisions
of this article upon any modification of use or structure.
F.
Standards of review. This section has two parts: Part 1 contains general standards applicable to all special permit uses; Part 2 contains standards applicable to certain specified uses in addition to the general standards of Part 1.[1]
(1)
General standards (Part 1).
(b)
Conformance with Town Plan.
[1]
The proposed use is located on a site and in an area of the
Town that is consistent with the long-term development objectives
for the area.
[2]
The proposed use is appropriately located with respect to the
existing pattern of streets and other facilities, including but not
limited to water, sanitary lines and drainage systems, and will not
adversely affect the functioning of these facilities nor impede any
planned improvements.
[3]
The proposed use is compatible in size and character to the
existing and/or planned pattern of land uses within the immediate
area.
(c)
Scale of development.
[1]
The proposed use is to be designed and developed in a manner
that ensures the provision of necessary public facilities, improvements
and landscaping to the site.
[2]
The scale and design of the proposed use is physically and visually
compatible with the conditions of the site and surrounding properties.
(d)
Vehicular and pedestrian circulation. The nature and design
of the proposed use ensures that there is safe and efficient vehicular
and pedestrian movement within the site and in relationship to any
streets serving the site. In making this determination, consideration
shall be given, but not limited to, the following:
[1]
Location and adequacy of parking and loading facilities.
[2]
Pedestrian rights-of-way.
[3]
Traffic regulatory devices.
[4]
Location, number, and design of points of ingress and egress.
[5]
Accessibility by emergency vehicles with particular emphasis
on access to structures, and provision for turning and free movement.
[6]
Provision for snow storage.
[7]
Age and mobility of all persons for whose benefit the use is
intended.
[8]
Speed limits upon and general character of public highways in
proximity to and providing access to the subject site.
(e)
Services and utilities.
[1]
The proposed use is adequately served with water supply, wastewater
disposal and drainage facilities in compliance with any applicable
county or state codes and provides for the long-term needs of the
use.
[2]
The proposed use will be provided with adequate services or
facilities for solid waste disposal, fire and police protection, utilities
and other supporting services necessary for the use.
(f)
Environmental resources.
[1]
The proposed use is located, designed and operated in a manner
that avoids or minimizes any disturbance of significant natural or
cultural resources.
[2]
The proposed use is located and designed in a manner that is
consistent with the site's soil capabilities to accommodate the use.
[3]
The proposed use is to be developed in conformance with any
applicable state or federal requirements regulating significant environmental
resources.
[4]
The proposed use provides drainage systems conforming to any
area-wide drainage plans and controls stormwater run-off consistent
with Town Plan recommendations.
(g)
Aesthetics.
[1]
The proposed use includes use of building materials, screening
and landscaping treatments of parking, drainage and storage areas
that are consistent with existing development and any aesthetic standards
developed by the Town, and which minimize any adverse visual affects
on surrounding properties or public rights-of-way.
[2]
Lighting and signage for the proposed use is appropriate in
size, color and placement for the site and character of the surrounding
area and has no adverse impact on surrounding properties.
(h)
Emissions. The emission of any noise, smoke, heat or odor from
the proposed use is within limits established by this chapter, if
any, and is minimized and directed away from surrounding properties;
any mechanical elements associated with these emissions are installed
and maintained in accordance with applicable health and safety codes
and are adequately screened from view.
(2)
Specific standards (Part 2).
(a)
Motor vehicle sales and service uses.
[1]
The lot shall have a sufficient minimum frontage along each
public right-of-way to provide safe and adequate vehicular access
and egress.
[2]
All fuel pumps shall be located at least 25 feet from any right-of-
way or 30 feet from any other lot line.
[3]
Entrance or exit driveways shall be located at least 20 feet
from any side or rear lot lines and at least 75 feet from any intersecting
street right-of-way line. Such driveways shall be laid out so as to
avoid the necessity of any vehicle backing into any right-of- way.
[4]
All fuels or similar substances shall be stored at least 35
feet from any lot line, and tanks shall be installed and maintained
in accordance with the current standards of the American Insurance
Association and the New York State Uniform Fire Prevention and Building
Code. Vents must be at least 25 feet from any lot line.[2]
[5]
No building or accessory facility shall be closer than 35 feet
to any boundary line of a Rural or Residential District.
[6]
Vehicles awaiting routine repair must be stored on site and
within a specific area approved by the ZBA.
[7]
All repair, servicing of vehicles or storage of parts and equipment,
other than for washing and dispensing of fuel, oil, water and air,
must be performed and contained within a principal or accessory structure.
[8]
A landscaped area at least eight feet in width from the lot
lines shall be maintained (exclusive of driveways) on all sides of
the property; treatment shall be of grass or other plantings, and
storage of equipment or vehicles is prohibited in this area.
[9]
Any inactive flammable liquid or fuel storage tank shall be
closed or removed in accordance within applicable New York State code.
(b)
Drive-in service.
[1]
Provision for the stacking of five vehicles for service shall
be maintained on-site for each drive-in service window or unit.
[2]
On each lot line, except the front line(s), there shall be a
landscaped buffer, eight feet in width measured from the lot line,
planted with a staggered double row of evergreen or similar trees,
installed at a height of four feet, on six-foot centers. The Zoning
Board of Appeals may authorize opaque fencing to be substituted for
landscaping planting upon finding that such screening would provide
a more effective buffer for the residential neighbors.
[3]
A landscaped area eight feet in width measured from the lot
lines shall be maintained (exclusive of driveways) on all sides of
the property having road frontage or abutting nonresidential uses;
treatment shall be of grass, ornamental stone or evergreens maintained
below two feet in height and surrounded by curbing (wood, stone, concrete)
four to six inches in height.
(c)
Home occupations or rural service uses. The following provisions
are to allow residents to conduct certain secondary business activities
within their homes or farms while not altering the primary use or
appearance of the property as a residential dwelling or for agricultural
purposes. A home occupation is specifically related to the occupants
of the dwelling and shall cease upon the departure of the occupant
and may not be transferred to a new owner or occupant without the
express approval of the Zoning Board of Appeals.
[1]
A home occupation/rural service use discontinued for a period
of 12 consecutive months may not be reestablished without the express
approval of the Zoning Board of Appeals and in compliance with these
regulations.
[2]
No home occupation/rural service use existing on the date of
enactment of this chapter may be modified or altered in any way except
in compliance with this section.
[3]
Employment or participation of occupants of the residence shall
not exceed two adult persons. Not more than one nonresident employee
shall be permitted.
[4]
To ensure that no exterior display or indication of the activity
shall be visible to the general public, the following are prohibited,
including, but not limited to:
[a]
Outdoor sales or display of items for sale.
[b]
Signs, except identification signs permitted not
to exceed two feet by two feet.
[c]
On-site parking of more than one commercial vehicle
associated with the home occupation unless housed in an enclosed residential
garage.
[d]
Any variation in the residential or agricultural
character of the property, such as construction of a separate entrance,
other exterior structural alteration, or the addition of a parking
area.
[e]
Outdoor storage of any material or goods associated
with the home occupation.
[5]
Such activity is to be confined to within either the principal
or accessory structure, and no yard area is used in conjunction with
the activity except for required parking spaces.
[6]
The gross floor area of a home occupation/rural service use,
regardless of location on the premises, shall not exceed the following
schedule:
[7]
On-premises sale of merchandise is prohibited except where clearly
incidental and secondary to the home occupation, limited in scope,
and where there is no exterior evidence of items for sale. This shall
not prevent on-premises sales or mail order handling of materials
stored and shipped from off-site, nonresidential premises.
[8]
The home occupation/rural service use shall not increase the
number or type of delivery vehicles customary to a dwelling, nor create
any hazard to neighboring persons or property and shall not cause
any electronic interference, excessive noise, vibration, smoke, dust,
odors, heat, or glare on surrounding properties.
[9]
Students receiving instruction in the visual or performing arts,
including but not limited to music, dance, fine arts or crafts, within
any period of time shall not exceed two.
[10]
There shall be only one home occupation/rural
service use allowed per dwelling unit. Home occupations shall be allowed
in multifamily dwellings but only within those units that have direct
pedestrian access to the outside of the structure and do not require
any customer of the home occupation to use a shared or common corridor.
The Zoning Board of Appeals may impose additional requirements on
home occupations in multifamily dwellings for the protection of other
residents.
[11]
The storage or parking of construction equipment
or vehicles, machinery and building materials is prohibited for home
occupations and subject to Zoning Board of Appeals approval for rural
service uses.
A.
Purpose. Variances are intended to provide relief from unique conditions
found on individual properties. Variances seek to ensure that when
nonpermitted uses, structures or activities are requested that they
are the minimum relief necessary for the property, and they are to
be established in a manner that is most appropriate and compatible
to the conditions of the site, neighborhood and zone district.
B.
Authority. (See also Article VI, Administration and Enforcement.)
(1)
Delegation. The Zoning Board of Appeals, pursuant to New York State Town Law §§ 267, 267-a, and 267-b and the provisions of this article, shall review and approve all requests for variances and interpretations of this Chapter 262, Zoning.
(2)
Compliance with review. No use, structure or improvement subject
to a variance shall be occupied, enlarged, modified, altered or changed
except in compliance with the procedures and standards of this article.
(3)
Relationship to site plan review, special permit and subdivisions.
(a)
The Zoning Board of Appeals may refer all variance requests
to the Planning Board for advisory review and comments; separate site
plan review by the Planning Board is not required when a land use
or structure is subject to a variance. However, Planning Board review
and approval of the proposal can be required as a condition of variance
approval.
(b)
In the event that an area variance is necessary for a separate
and pending site plan, special permit or subdivision proposal, the
Zoning Board of Appeals may simultaneously review and decide such
area variance without a formal determination of an administrative
official.
D.
Standards of review.
(1)
Definitions. The ZBA shall determine that the requested variance
is a use or area variance based on the following statutory definitions
of New York State Town Law § 267:
(a)
"Use variance" shall mean the authorization by the Zoning Board
of Appeals for the use of land for a purpose which is otherwise not
allowed or is prohibited by the applicable zoning regulations.
(b)
"Area variance" shall mean the authorization by the Zoning Board
of Appeals for use of land in a manner that is not allowed by the
dimensional or physical requirements of the applicable zoning regulations.
(2)
Use variance standards (based on New York State Town Law § 267-b).
The Zoning Board of Appeals shall not grant a use variance without
a showing by the applicant that the applicable zoning regulations
have caused unnecessary hardship to the property in question affecting
each and every permitted use under the particular zoning district
regulations. The applicant shall demonstrate such unnecessary hardship
by showing:
(a)
That the applicant cannot realize a reasonable return, provided
that lack of return is substantial as demonstrated by competent financial
evidence; shall consider information about:
(b)
That the alleged hardship related to the property in question
is unique and does not apply to a substantial portion of the district
or neighborhood; shall consider information about detailed physical
characteristics distinguishing property from others within the district
and neighborhood.
(c)
That the requested use variance, if granted, will not alter
the essential character of the neighborhood; shall consider information
about the compatibility of the proposal to the surrounding existing
land uses, the zone district intent and the Town Land Use Plan objectives
for the area.
(3)
Area variance (based on New York State Town Law § 267-b).
The Zoning Board of Appeals shall not grant an area variance until
it has considered and weighed the potential benefits to the applicant
against the possible detriments to the neighborhood and community
as demonstrated by the applicant. The Zoning Board of Appeals shall
consider the following:
(a)
Whether an undesirable change will be produced in the character
of the neighborhood or a detriment to nearby properties will be created
by granting of the area variance; shall consider information about:
(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; shall consider information about description and evaluation
of other structural or operational alternatives that could comply
with the zoning requirements.
(c)
Whether the requested area variance is substantial; shall consider
information about description and evaluation of amount of deviation
from zoning requirements in absolute (number) and relative (percentage)
terms and compared to the context of the surrounding area.
(d)
Whether the proposed variance will have an adverse effect or
impact on the physical or environmental conditions in the neighborhood
or district; shall consider information about description and evaluation
of conditions in the area that could be affected by the proposal.
(e)
Whether the alleged difficulty was self-created, which consideration
shall be relevant to the decision of the Zoning Board of Appeals,
but shall not necessarily preclude the granting of the area variance;
shall consider information about:
E.
Minimum variance necessary. The Zoning Board of Appeals shall grant
the minimum use or area variance it deems necessary and adequate to
address the relief demonstrated by the proofs or considerations submitted
by the applicant and, which at the same time, preserve and protect
neighborhood character and community well-being.
F.
Evaluation of proposed development. In addition to the standards
cited above to be addressed by the applicant, the Zoning Board of
Appeals may refer to and apply the provisions of the site plan and/or
special permit standards when evaluating the scale and impact of a
proposed development.
G.
Imposition of conditions. The Zoning Board of Appeals shall, in the granting of use variances and/or 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 this Chapter 262, Zoning, and shall be imposed for the purpose of minimizing any adverse impact such variances may have on the neighborhood or community; these conditions may include, but are not limited to, restrictions on construction methods, hours of operation, or type of equipment used in the operation of the use. The Zoning Board of Appeals may also require modification of the size, number and design of any improvements, such as signs, plantings, pavement areas, parking or building materials.
A.
Purpose. Amendments to this Town Zoning Chapter 262 and associated map are local laws intended to implement major land use and development policy objectives. Such amendments affect significant areas within the Town or may affect classes of land uses throughout the Town.
B.
Authority. The Town Board pursuant to New York State Town Law §§ 261,
262 and 263 and the provisions of this article shall approve all modifications
to this chapter and any changes to the Zoning Map.
C.
Procedure.
(1)
Schedule of review. Zoning amendments shall be reviewed pursuant
to the applicable provisions of New York State Town Law §§ 264,
and 265 and this article.
(2)
Submission requirements. A proposal for a zoning amendment shall be submitted on forms provided by the Town and consistent with the provisions of § 262-35.
(3)
Applicant. All zoning amendments constitute the adoption of a local
law and therefore the Town Board is the official applicant in all
cases. The Planning Board or a citizen of the Town may request the
Town Board to initiate a zoning amendment.
(4)
Planning Board referral. All zoning amendments shall be referred
to the Town Planning Board for advisory review and comment. The Planning
Board shall submit a written report within 30 days of referral, unless
an extension is mutually agreed upon, to the Town Board.
D.
Standards of review.
(1)
(2)
Standards of review.
(a)
Compliance to Town Plan. All zoning amendments shall be considered
with respect to the Town Comprehensive Land Use Plan and shall seek
to further the objectives and policies of the plan.
(b)
Community well-being. All zoning amendments shall, in the judgment
of the Town Board, enhance the health, safety and welfare of the entire
Town.
(c)
Districts. Districts with separate and distinct regulations
for land uses and structures may be established when they further
Town-wide objectives, respond to general conditions of an area and
uniformly treat land uses and structures within the district.
New York State law and this chapter establish that certain land
development activities require review and approval by the Town Board,
Planning Board or Zoning Board of Appeals. This article applies to
all boards that have the authority to issue approvals for site plan
reviews, special permits or variances. The type of review (site plan
or special permit) and the reviewing board for land development activities
is specified in the zone district or supplemental regulations of this
chapter. Variances are issued by the Zoning Board of Appeals.
A.
Standard review procedures for all boards.
(1)
Conceptual review. An applicant may request an informal review of
a proposed concept prior to formal submission. Such reviews will be
scheduled at the convenience of the reviewing board and summarized
in the Board minutes. Conceptual reviews are intended to assist the
applicant and reviewing board in identifying important issues that
may arise. Conceptual reviews are advisory.
(2)
Codes compliance. Prior to or concurrent with filing a formal application, the applicant shall submit a copy of the proposal with supporting documentation to the Town Code Enforcement Officer for a preliminary and advisory evaluation of compliance with the New York State Fire Prevention and Building Code and any other applicable Town, county, state or federal codes. The Code Enforcement Officer shall report the findings of this evaluation to the reviewing board, as required in Subsection A(7) below and shall report any potential areas of noncompliance. The reviewing board may require the applicant to state if any waivers of the New York State code or Town requirements are to be sought or identify alternatives to resolve the areas of noncompliance.
(3)
Filing.
(a)
At least 10 days prior to a regularly scheduled Board meeting the applicant shall submit all documents required in § 262-35D, to the Town Code Enforcement Officer/Town, Zoning, and Planning Board Secretaries/Town Clerk.
(b)
The Code Enforcement Officer will record the date of filing,
establish an official file, include the proposal on the Board agenda
and distribute copies of the proposal to the following: Board members,
Board Attorney and Town Engineer.
(4)
Determination of completeness and official submission date (typically
meeting No. 1).
(b)
Pursuant to State Environmental Quality Review (SEQR), the reviewing
board shall review the environmental assessment forms, determine the
type of action (Type I, Unlisted), identify other involved agencies
and establish a lead agency for purposes of SEQR. If the reviewing
board is the lead agency, it shall evaluate the environmental assessment
forms and make a determination of significance. If the reviewing board
is not lead agency, then it shall assist the lead agency, to the extent
practical, in making the determination of significance.
(c)
When the reviewing board, pursuant to this chapter or its Rules
of Procedure, has accepted the proposed submission and SEQR materials
as complete, it will instruct the Board Secretary to record the date
of board acceptance as the official submission date of the proposal.
The proposed submission materials shall not be accepted as complete
until the lead agency has, pursuant to SEQR, either made a negative
declaration or has received and accepted for scope and content a draft
environmental impact statement (DEIS).
(d)
Upon acceptance, the reviewing board shall schedule a public
hearing and/or formal review of the proposal and authorize transmittal
of all referrals.
(5)
Public hearing and notice.
(a)
A public hearing, when required by New York State Town Law,
shall be scheduled by the reviewing board following establishment
of the official submission date of the proposal.
[1]
The Zoning Board of Appeals will hold a public hearing within
a reasonable period after the official submission date; nonsubstantial
modifications do not require a public hearing. When practical, the
public hearing shall be held within 31 days of the official submission
date.
[2]
The Planning Board is not required to hold a public hearing
for site plan reviews; it must hold a public hearing for special permit
proposals. If the Planning Board is required to or decides to hold
a public hearing, it must be within 62 days of the official submission
date.
(b)
A reviewing board may hold a public hearing on any matter before
it, even when not required by New York State law or this chapter,
if it finds that public comment would facilitate its review.
(c)
Not less than 10 days prior to a required or optional public
hearing, the reviewing board shall publish a public notice in the
official newspaper designated by the Town Board (and, optional, mail
copies of the public notice to affected and adjacent property owners
and/or require a sign to be posted on the site describing the proposal).
(d)
The reviewing board shall conduct the public hearing pursuant
to this chapter or its Rules of Procedure and applicable provisions
of law. If applicable and to the extent practical, the public hearing
on the proposal may be held concurrently with any public hearings
that may be held pursuant to SEQR. The public hearing shall be closed
when the reviewing board is satisfied that it has received adequate
public input and when comments from advisory or mandatory referrals
have been received, unless the allotted review time for the referrals
has expired.
(6)
Referrals. Referrals to other agencies shall be made by the reviewing
board after the official submission date is established. To the extent
practical, the reviewing board will ensure that referrals are completed
within the time prior to a public hearing, if held.
(a)
Sections 239-1 and 239-m referral. The Board shall refer a copy
of the proposal to the Oneida County Department of Planning when a
proposal is under County Planning Board jurisdiction established by
New York State General Municipal Law §§ 239-1 and 239-m.
(b)
Advisory referrals. Following the official submission date,
the reviewing board may send special notification or copies of the
proposal to other agencies which may have a separate approval of the
proposed development or which may contribute to the Board's evaluation.
Unless otherwise provided, all advisory referrals should be completed
in 30 days and should be in written form. In the event an agency fails
to respond in a timely manner, the reviewing board may proceed without
such advisory comments.
(7)
Evaluation of the site plan and documents (typically meeting No.
2).
(a)
The reviewing board shall study the proposal in accordance with
its applicable standards of review in a public meeting(s). The public
hearing(s), if any, may be part of these meetings.
(b)
The Codes Enforcement Officer shall report to the Board on the
compliance of the proposal to applicable requirements of the New York
State Uniform Fire Prevention and Building Code and the Town Zoning
Ordinance, Town Subdivision Regulations and any other Town codes.
(c)
The applicant and/or professional representatives shall be available
for questions or comments during the meetings when the proposal is
to be discussed.
(8)
Decision (typically Meeting No. 2 or No. 3).
(a)
The Zoning Board of Appeals shall render a decision to approve,
approve with modifications or disapprove a proposal within 62 days
after the public hearing as required by New York State Town Law.
(b)
The Planning Board shall render a decision to approve, approve
with modification or disapprove a proposal within 62 days of the official
submission date or after the public hearing, if held, as required
by New York State Town Law.
(c)
Referrals and SEQR.
[1]
If County Planning Board referral is required, the reviewing
board shall act consistent with the requirements of New York State
General Municipal Law § 239-m.
[2]
If a draft environmental impact statement (DEIS) has been required,
the Board shall not act until a final EIS and a findings statement
has been prepared and adopted pursuant to SEQR. When possible, the
Board may adopt the findings statement concurrent with its decision
on the proposal.
(d)
The reviewing board decision shall be a written resolution adopted
pursuant to this chapter or its Rules of Procedure, recorded in the
Board minutes, the official file of the proposal, and in the offices
of the Town Clerk.
[1]
The resolution shall summarize the reviewing board's evaluation
and findings and specify any modifications or conditions to be imposed
upon the proposal.
[2]
The reviewing board may require modifications to the project
site plan and establish conditions for its approval upon findings
that such modifications or conditions are necessary to improve compatibility
within the neighborhood, enhance provision of public services, minimize
adverse impacts upon the site or environmental resources, and address
other concerns raised from the advisory referrals or from the public
comments.
(9)
Building or occupancy permits.
(a)
Within one year of approval of a variance, special permit or
site plan review, the applicant will apply for and obtain all necessary
building, occupancy or other Town approvals necessary to use, enlarge,
alter or change a property in conformance with the conditions or modifications,
if any, specified in the Board resolution.
(b)
No Town permits or approvals shall be issued after one year,
unless the reviewing board has granted an extension.
(10)
Extension of review schedule or project approval.
(a)
The schedule of board review may be extended upon mutual consent
of the applicant and the reviewing board.
(b)
For variances, special permits and site plans, the reviewing
board may grant the applicant not more than two one-year extensions
to obtain a building permit or certificate of occupancy. If the applicant
fails to obtain the necessary permits or approvals within the allotted
time, the proposal must be reviewed and considered as a new application.
B.
Modification to approved uses or structures. This section establishes standards of review for changes to a site that has been previously granted site plan, variance or special permit approval. No board review is required for changes within the standards of Subsection B(1) below; however, the applicant will be responsible for building, occupancy or similar permits which may be necessary. Subsection B(2) establishes standards for other minor changes which must be approved, pursuant to Subsection C by the original reviewing board, or the Board with current review authority. Any change exceeding the standards of Subsection B(1) and (2) shall be considered a substantial modification and must be approved as a new proposal pursuant to Subsection A of this section.
(1)
Nonsubstantial modification: no board review. The following changes
or modifications to an approved variance, special permit or site plan
do not require board review when found by the Code Enforcement Officer
to comply with the following:
(a)
Dangerous condition. Removal or repair of a dangerous condition
determined by an enforcement agency that circumstances exist which,
if not corrected, contribute a threat to life, health or safety of
the general public or such other persons for whose protection such
regulations were intended. Such determination may be verbal or in
writing. The term "enforcement agency" shall refer to any public agency
or official having jurisdiction to issue orders affecting the life,
health and safety of persons within the Town.
(b)
Principal and accessory structures. Routine repair, replacement
or maintenance of electrical or mechanical installations, or of damaged
or worn parts or surfaces, including repainting, facade repair and
roof replacements.
(c)
Ownership. Changes in ownership or management of an establishment,
excluding a home occupation, which does not change the use of the
property.
(d)
Lot dimensions. Any change or modification in title due to condemnation,
if it does not substantially affect the approved site plan.
(e)
Parking. Replacement or repair of existing pavement or painting
of driveway and parking areas without altering the approved traffic
pattern.
(f)
Landscaping. Routine landscaping and plant replacement, establishment
of new landscaped areas without altering the approved vehicular or
pedestrian circulation and parking patterns; such changes should be
consistent with any applicable controls in the approved plan concerning
height, location, and visibility.
(g)
Screening devices. Repair or replacement, in kind, of existing
screening devices.
(h)
Signs. Repair or replacement, in kind, of existing signs, including
changes in text.
(2)
Minor modification; minor board review. At any time during the conduct of a minor review, the reviewing board may determine the proposed modification(s) to be substantial and require a major review of the proposal. Any change or modification exceeding the standards of Subsection B(1) shall be subject to a minor review if the proposal meets the following conditions:
(a)
Principal and accessory structures. Changes to interior floor
plans which do not expand the area of the principal building or result
in any increase in required parking or loading.
(b)
Uses. Change to a similar land use, change of the operation
of the approved use, or change of the approval conditions which does
not expand the area of the principal building, increase the required
parking or loading space, or substantially increase the intensity
of the use; this provision specifically excludes properties subject
to use variances.
(c)
Lot dimensions. A subdivision of the site in conformance with
the Town's subdivision regulations without altering the approved site
plan of the use.
(d)
Parking. Altering the layout of approved parking and loading
areas without reducing the number of required spaces or changing the
number, location and design of any driveways.
(e)
Landscaping. Reduction in an approved landscaped area for altered
parking, additional storage area or to alter drainage or snow storage
capacity.
(f)
Screening devices. Changes in the size, composition or location
of any required screening devices.
(g)
Signs. Change in the size, location or number of approved signs
without increasing the approved total sign area.
C.
Procedures and submissions for minor modifications.
(1)
The applicant shall submit to the reviewing board written and/or
site plan materials adequately describing the nature of the proposed
modification at least five days prior to a regular meeting. The reviewing
board shall normally be the board that originally issued the project
approval unless the review authority has been transferred to a different
board.
(2)
The reviewing board shall evaluate the nature and extent of the proposed
modifications in its regular meeting; a public hearing is not required.
(3)
Upon finding that the proposed modifications are minor, the reviewing
board shall act to approve, approve with modifications or disapprove
the request.
(4)
Copies of the approved modifications shall be filed in the original
official file and transmitted to the applicant.
D.
Submissions. The following shall be submitted for all proposed variances,
special permits and controlled site reviews:
(1)
Survey showing property boundaries, existing buildings, and location
and dimensions of easements and rights-of-way.
(2)
Existing site conditions plan may be prepared on a photocopy of the
survey or on a plan comparable to proposed site plan showing buildings
with dimensions and purpose, driveways, pavement areas, major trees
with a circumference greater than six inches, contour elevations at
no less than one-foot and not more than five-foot intervals, signs
and any other improvements.
(3)
Proposed site plan. An original plan for the property at a scale
of not less than one inch equals 20 feet and not more than one inch
equals 100 feet showing all proposed changes to existing conditions,
including any new buildings or improvements and contour changes. The
site plan shall also include details for water supply and wastewater
disposal, surface drainage, solid waste disposal, utility connection,
fire hydrant locations; the plan shall also indicate location of driveways,
parking, loading areas and paved pedestrian areas.
(4)
Improvement plans. The following detailed plans shall be submitted
if deemed necessary by the board to supplement the proposed site plan
and will be submitted at a scale identical to the site plan unless
otherwise specified by the board.
(a)
Architectural plans shall include floor plans and building elevations
indicating building dimensions, interior use(s) and type of construction
materials.
(b)
Engineering plans shall include construction details on drainage,
sewer and water systems, lighting and any mechanical or utility improvements
to serve the site.
(c)
Landscaping plans shall include details on type, composition
and location of paving material; location, size and types of signage;
location, number and type of plantings and fencing.
(5)
Written information shall describe the proposed use(s), anticipated
traffic volumes and parking and loading needs, anticipated construction
and occupancy schedule, construction phase management of the site,
including erosion control, equipment storage, and security arrangements.
(6)
SEQR information shall be on forms provided by the Town; the board
may, upon review, require a draft environmental impact statement (DEIS).
(7)
Permits or approvals from other agencies for the proposed development
shall be identified with the anticipated schedule of application.
(8)
Supplemental information. Upon review of the submissions the board
may require information to be provided in greater detail or to submit
additional material.
