Village of Morrisville, NY Article III General Regulations

§ 180-15 Prohibited uses.

[Amended 9-7-1995 by L.L. No. 2-1995; 9-14-2006 by L.L. No. 3-2006]

In all districts, the following buildings and uses are prohibited:

A. All uses not expressly permitted by previous sections of this chapter and, without limitation, the following:

(1) Facilities for the manufacture or bulk storage of acetylene gas, ammonia, bleaching power, chlorine, asphalt, celluloid, fertilizer, fireworks or explosives.

(2) Gasoline, naphtha or petroleum refining facilities.

(3) Rubber-reclaiming facilities, smelters, blast furnaces, coke ovens and incinerators.

(4) Junkyards, auto graveyards, automobile salvage operations and similar enterprises.

(5) Any use which would be injurious to the safety or welfare of the neighborhood by reason of smoke, odor, vibration, dirt, glare, noise or danger of fire and explosion.

(6) Animal slaughterhouses and facilities for the storage, curing or tanning of raw hides or skins.

(7) Outdoor solid-fuel-burning furnaces and boilers and any other solid-fuel-burning unit or device designed and/or intended to generate heat for the interior of a principal or accessory structure which, with the exception of a connected chimney or similar exhaust gas vent pipe, is not located completely within the structure for which the heat is, or is intended to be generated.

B. Mobile dwellings may not be parked, placed or occupied for any use in any district. The use of motor homes or travel trailers as residences is prohibited in all districts.

C. No garage or accessory building shall be occupied or used for residence or dwelling purposes.

§ 180-16 Bulk and area regulations.

[Amended 9-7-1995 by L.L. No. 2-1995; 1-24-2002 by L.L. No. 1-2002]

The following regulations apply in conjunction with Schedule 1 which is appended to this chapter. Unless otherwise stated the dimension, setback and area specifications contained in Schedule 1 shall govern all lands and land uses.

A. The specifications contained in Schedule 1 shall govern lot area and width, yards, building coverage and building height.

B. Where a district boundary line divides a lot held in one ownership at the time of adoption of said district line, the regulations for the less restricted portion of such lot shall extend not more than 50 feet into a more restricted portion, provided that the lot has frontage on a street in the less restricted district.

C. Where two districts abut on the same street between two intersecting streets, there shall be provided for buildings hereafter constructed or structurally altered within a distance of 50 feet from the district boundary line in the less restricted district a front yard equal in depth to 1/2 the required depth for the front yard in the more restricted district. Where the side or rear yard of a lot abuts a side or rear yard of a lot in a more restricted district, there shall be provided along such abutting line or lines a side or rear yard equal in depth to that required in the more restricted district.

D. The minimum yards and open spaces, including lot area per family, required by this chapter for any building existing at the time of adoption of this chapter or for any building hereafter erected or structurally altered shall not be encroached upon or considered as yard or open space requirements for any other building, nor shall any lot be reduced below the district requirements of this chapter.

E. On a corner lot in any district in which a front yard is required, a yard shall be provided on each street, equal in depth to the required front yard on such streets. One rear yard shall be provided on each corner lot, and the owner shall designate the rear yard on his application for a zoning permit.

F. On corner lots, except in district where no front yard is required, no fence, wall, hedge or other structure or planting more than three feet in height shall be erected, placed or maintained so as to obstruct visibility of vehicular traffic within the triangular area formed by the intersecting public right-of-way line and a straight line joining said lines at points 20 feet distant from the point of intersection, measured along said lines.

G. The front yard of all buildings and structures hereafter constructed within a residence district shall be not less than the average front yard of all buildings for a distance of 300 feet on each side of such building. An adjacent vacant lot shall be considered as having the minimum front yard required in the district for the purpose of computing such average front yard.

H. The height limitations of this chapter shall not apply to belfries, church spires, chimneys, ventilators, flagpoles, monuments, transmission towers and cables or radio or television antennas or towers. Such structures, however, shall be erected only to such height as is necessary to accomplish the purpose for which they are intended.

I. Minimum residential ground floor areas, measured from the exterior faces of exterior walls, exclusive of garages and open porches, are as follows:

(1) Residential 1 and Residential 2 Districts:

(a) Less than two stories: 1,000 square feet.

(b) Two or more stories: 800 square feet.

(2) Business 1 and Business 2 Districts:

(a) Less than two stories: 600 square feet.

(b) Two or more stories: 600 square feet.

J. Every accessory building shall be distant from the street line as far as the principal building, except that an accessory private garage, not over one story in height, may be not less than 10 feet distant from the street line where the natural slope of the ground within 25 feet of said street line exceeds a twelve-percent rise and may be not less than five feet distant from said street line where the natural slope of the ground for a distance of 25 feet exceeds a twenty-percent rise or incline. An accessory private garage, not over one story in height, shall be not nearer than 10 feet to any lot line.

K. Cornices shall not project more than 1/4 of the width of the required open spaces within the lot over which they project. Belt courses, window sills and other ornamental features shall not project more than six inches into such required open space.

L. Fences or walls over six feet high shall conform to the provisions of this chapter to the same extent as any building.

§ 180-17 Off-street parking.

[Amended 3-26-1981 by L.L. No. 2-1981]

A. For each use hereafter specified, there shall be provided off-street parking with the number of spaces indicated after each respective use:

(1) Dwelling: one space per dwelling unit.

(2) Rooming house, one space for every two residents of the rooming house.

[Amended 3-10-2016 by L.L. No. 2-2016]

(3) Home occupation: one space in addition to any required for the dwelling.

(4) Hotel: one space per three guest rooms.

(5) Administrative, professional, eleemosynary, utility or governmental office: one space per 200 feet of floor area.

(6) Fraternity: one space per 300 square feet of floor area.

(7) Funeral home: 10 spaces plus space for employees and resident personnel.

(8) Church school: one space per 10 auditorium seating spaces or one space per 15 classroom seats, whichever is greater.

(9) College campus: one space per three students.

(10) Theater or other place of public assembly: one space per five seating spaces.

(11) Hospital or sanatorium: one space per two beds.

(12) Nursing home or convalescent home: one space per five beds.

(13) Clinic: four spaces per doctor.

(14) Retail store or bank: one space per 200 square feet of floor area in excess of 1,000 square feet.

(15) Clubs or restaurants, serving food or beverages for on-premises consumption: one space per 50 square feet of floor area devoted to patron use.

(16) Bowling alley: 15 spaces per alley.

(17) Wholesale, storage or freight terminal utility: one space per 1,200 square feet of floor area.

(18) Industrial manufacturing: one space per 400 square feet of floor area.

(19) Motel or tourist home, one space per guest room.

[Added 3-10-2016 by L.L. No. 2-2016]

(20) Owner-occupied transient occupancy lodging. One space for each vehicle used by the owner-occupants of the premises plus a minimum of one space for transient occupants. Additional spaces may be required by the Zoning Board of Appeals based on the site characteristics and maximum number of persons permitted to occupy the dwelling unit per the terms of the special permit issued by the Zoning Board of Appeals.

[Added 3-10-2022 by L.L. No. 3-2022]

(21) Nonowner-occupied transient occupancy lodging. A minimum of one space for transient occupants. Additional spaces may be required by the Zoning Board of Appeals based on the site characteristics and maximum number of persons permitted to occupy the dwelling unit per the terms of the special permit issued by the Zoning Board of Appeals.

[Added 3-10-2022 by L.L. No. 3-2022]

B. Exceptions.

(1) The Zoning Board of Appeals of the Village of Morrisville, in its discretion, may grant an exception to the off-street parking requirements of Subsection A to before-existing buildings and uses in those districts designated as B-1 after the following findings are made:

(a) That no land area is available to the owner of the property to provide the required parking under the existing chapter.

(b) That the owner of the property shall be prohibited from reducing the number of existing parking spaces.

(c) That where land is available, required parking spaces shall be provided equal to the additional spaces which would be required for the new use, as opposed to the existing use.

(2) The Zoning Board of Appeals may impose other conditions reasonably necessary to protect adjacent land uses and to ensure the safety of the residents of the Village of Morrisville.

(3) Any person(s) requesting such an exception from the requirements of this section shall be required to list the equity behind such a request and submit it in writing to the Zoning Board of Appeals in triplicate.

(4) Any disagreement with the decision of the Zoning Board of Appeals shall be appealable to the Village Board of Trustees.[1]

[1] Editor's Note: Former Subsection C, which exempted certain properties on Route 20, added 5-14-1992 by L.L. No. 2-1992, which immediately followed this subsection, was repealed 7-11-2024 by L.L. No. 9-2024.

§ 180-18 General requirements.

[Amended 9-8-2016 by L.L. No. 6-2016]

General requirements relating to this chapter are follows:

A. If any area is hereafter transferred from one district to another district, as by a change in district boundaries, the provisions of this chapter with regard to buildings or premises existing on the effective date of this chapter shall apply to buildings or premises lawfully existing in such transferred area at the time of passage of such amendment.

B. Nothing herein contained shall require any change in the plans, construction or designated use of a building complying with existing law, a permit for which had been duly granted and the construction of which shall have been started before the date of passage of this chapter and the ground-story framework of which, including the second tier of beams, shall have been completed within six months of the date of the permit and which entire building shall have been completed, according to such plans as have been filed, within one year from the date of the passage of this chapter.

C. No lot shall be so reduced in area that any required open space will be smaller than is prescribed in this chapter for the district in which it is located.

§ 180-19 Trailers.

[Amended 3-11-1999 by L.L. No. 1-1999]

The storage or parking of motor homes and trailers, including travel trailers, is prohibited in each and all of the classes of districts enumerated in this chapter, except that temporary storage or parking of trailers or motor homes may be conducted in public garages or in the open within 20 feet of the rear lot line of any occupied lot, provided that any such unit is not placed in use and the doors thereof are kept securely locked. Mobile dwellings may not be placed or parked at any location in any district.

§ 180-20 Portable storage sheds.

[Added 12-28-1995 by L.L. No. 5-1995[1]]

Portable storage sheds shall be allowed as accessory structures in all districts, provided that they are located within either the side yard or rear yard of the lot, with a minimum setback of three feet from any such lot line and no closer than 15 feet from any other building, including another storage shed. For purposes of this section, "portable storage shed" shall mean any structure no larger than 10 feet by 12 feet in its floor dimensions and no more than 10 feet in height not permanently attached to the land, which is designed for storage use only and can be moved as a unit without disassembling the structure.

[1] Editor's Note: This local law also provided for the renumbering of former §§ 180-20 through 180-23 as §§ 180-21 through 180-24, respectively.

§ 180-21 Junkyards.

[Added 9-7-1995 by L.L. No. 2-1995]

No person shall establish or operate a yard for the purchase, sale or storage of junk, used automobiles, used trucks or the parts thereof within the corporate limits of the Village, unless such yard is located in a zone where such establishments are expressly permitted by this chapter. All such yards, whether previously or hereafter established, shall be operated subject to the reasonable terms and conditions which the Board of Trustees from time to time shall establish; and each owner or operator of such a yard shall be required to obtain an annual permit to be known as a "junk dealers' license." Such a permit may be obtained from the Village Board upon the submission of a written application, the payment of any application fee determined by resolution of the Village Board and the holding of a public hearing by the Village Board upon not less than five days' notice to the public.

§ 180-22 Variances.

In addition to the jurisdiction of the Board of Appeals in appeals pursuant to the Village Law, the Board of Appeals may in appropriate cases, subject to appropriate conditions and safeguards, determine and vary the application of the regulations herein established in harmony with their general purpose and intent as follows:

A. Grant in undeveloped sections of the Village temporary and conditional permits of not more than one year's duration for structures and uses not permitted by this chapter in the districts in which they are located but which are necessary or desirable for the development of such districts.

B. Permit the extension of an existing or proposed building into a more restricted district.

C. Permit in any district the erection of a community or public garage, provided that the petitioner files the consents, duly acknowledged, of the owners of 80% of the frontage deemed by the Board of Appeals to be immediately affected by the proposed garage.

§ 180-23 (Reserved) [1]

[1] Editor's Note: Former § 180-23, Off-street and public parking areas, as amended 9-7-1995 by L.L. No. 2-1995, was repealed 9-14-2006 by L.L. No. 3-2006.

§ 180-24 Special permits.

[Added 9-13-1979 by L.L. No. 4-1979; amended 3-10-2022 by L.L. No. 3-2022; 12-12-2024 by L.L. No. 12-2024]

A. In addition to the jurisdiction of the Joint Zoning Board of Appeals/Planning Board in appeals pursuant to the Village Law, the Joint Zoning Board of Appeals/Planning Board shall also have the authority to issue special permits for uses specified in this chapter, subject to the following conditions:

(1) Location, size of use and structure, nature and intensity of operations involved, size of site in relation to it and location of site with respect to streets giving access to it will be in harmony with the orderly development of the district.

(2) Location, nature and height of buildings, walls and fences will not discourage the appropriate development and use of adjacent land and buildings nor impair their value.

(3) Operations of special use shall not be more objectionable to nearby properties than will be operations of any permitted standard use.

(4) Adequate combination of public and private parking is provided.

(5) Existing municipal facilities are adequate for the proposed use, or plans for the immediate or reasonably near-term expansion of such facilities are adequate to provide for such use.

(6) The property will be suitably landscaped to protect the neighborhood and adjacent property.

(7) The Joint Zoning Board of Appeals/Planning Board shall attach such conditions and safeguards to the special use permit as are necessary to assure continual conformance to all applicable standards and requirements, and the Joint Zoning Board of Appeals/Planning Board may attach such other conditions and safeguards as it believes to be required or considers appropriate.

B. In addition to the above standards, the following shall apply to specific uses:

(1) Conversion of a one-family dwelling to a two-family or to a rooming or boarding house; multiple-family dwellings; fraternity house; or dormitory.

(a) Adequate off-street parking shall be provided, this being determined by the Board of Appeals.

(b) Internal construction plan shall be provided to ensure firesafety.

(c) Minimum lot area shall be that required for a two-family dwelling plus 2,500 square feet of additional lot area for each dwelling in excess of two.

(d) If an existing septic system is to be used, its suitability for the use proposed shall be certified in writing by a licensed engineer.

(2) Transient occupancy lodging. Special conditions and license requirements.

(a) Transient occupancy lodging is classified as a special use because of the potentially unpredictable intensity of use and resulting conflicts with other adjoining and nearby uses. The Zoning Board of Appeals shall review such uses under the criteria set forth in § 180-24A, and shall particularly address each application in terms of such features, which include but are not limited to, proximity to other uses and the nature of nearby uses, as well as available parking, lighting and other site features in order to minimize land use conflicts and associated adverse impacts to other residential uses.

(b) The maximum number of persons permitted to occupy any transient occupancy lodging facility shall be two persons per sleeping room, with an overall maximum of eight persons, subject to available parking for the use. The Zoning Board of Appeals may establish a lower maximum occupancy limit under its special permit review authority if it determines that the number of parking spaces appropriately devoted to the use is insufficient to support the number of intended occupants without adversely affecting adjoining property owners and/or the surrounding neighborhood.

(c) No recreational vehicles, campers, trailers, or motor vehicles larger than a one-ton pickup truck may be parked upon the premises during any transient occupancy. The number of automobiles and/or light duty (pickup) trucks that may be parked on site in association with any transient occupancy lodging shall be limited to the number of off-street parking spaces on the site plan approved by the Planning Board. No vehicles may be parked on lawns or in other areas not specifically approved as parking spaces under the provisions of this chapter. The Zoning Board of Appeals shall review all applications in relation to the physical limitations of the subject premises as well as the proximity to adjoining uses and surrounding neighborhoods to determine the appropriate parking requirements and occupancy limits.

(d) No transient occupancy lodging facility shall be located above the second floor of any building unless such floor has a fire sprinkler system or has been otherwise constructed in accordance with requirements of applicable New York State code requirements for residential occupancy of such floors.

(e) Each sleeping room within a transient occupancy lodging facility shall have affixed to the occupied side of the entrance door to the sleeping room a written notice stating the means of egress from the room in case of fire or other emergency, the location of means for transmitting fire alarms, if any, and the evacuation procedures to be followed in the event of a fire or smoke condition, or upon activation of a fire- or smoke-detecting or other alarm device.

(f) Dwellings and/or dwelling units used for transient occupancy lodging shall have no exterior signs or other exterior indications of the transient occupancy use, which shall from all exterior indications be indistinguishable from an otherwise permitted conventional residential use.

(g) All transient occupancy lodging uses shall be limited to the temporary lodging of registered guests, and no commercial activities and no public or private parties, receptions, meetings or similar social gatherings or events shall be permitted. Occupancy shall be limited to the number of persons permitted under the special use permit issued by the Zoning Board of Appeals, and the operator of the facility shall maintain a register of all guests staying at the facility, their permanent addresses, and the dates of their stay. This register shall be immediately made available to the Village Code Enforcement Officer as part of any Village investigation of any complaints regarding guest behavior and/or to determine compliance with requirements of any special permit issued for the facility.

(h) Owners of permitted non owner-occupied transient occupancy lodging facilities shall be required to have a designated property manager who resides in such proximity to the subject premise so as to permit him or her at all days and times to physically be at the subject premise within 15 minutes of receiving notification of a complaint relating to the premises. Current contact information for the designated property manager shall be kept on file with the Village Code Enforcement Officer and Village Clerk at all times.

(i) Owners of transient occupancy lodging facilities must at all times be current in the payment of all real property taxes and special assessments and shall be responsible for complying with other applicable legal and regulatory requirements, including, but not necessarily limited to compliance with New York State building, property maintenance and safety codes and registration and collection of state and local sales taxes and County occupancy taxes. When available, applicants shall register to have applicable taxes and fees collected and remitted by the internet host platform.

(j) All owners of transient occupancy lodging facilities shall provide to the Village proof of general liability insurance against claims for personal injury, death or property damage occurring on, in or about the subject premises in an amount not less than $1,000,000 in respect of personal injury or death, and in an amount of not less than $100,000 in respect of property damage.

(k) License required. No person, firm or entity shall own, operate or manage a transient occupancy lodging facility in the Village of Morrisville, nor shall any owner permit the operation of a transient occupancy lodging facility on premises owned by him, her or it, without a duly issued license from the Village of Morrisville to operate a transient occupancy lodging facility. All transient occupancy lodging facilities shall be required to obtain a license annually from the Village Code Enforcement Officer, the original or copy of which shall be prominently displayed in a front window of the subject residence in such manner so that it is clearly visible from the public sidewalk, or from the street if there is no sidewalk.

(l) Licenses issued for transient occupancy lodging facilities shall be valid for one year. A complete application for a license or license renewal shall be submitted to the Code Enforcement Officer not less than two months prior to the date the license, or renewal license, as applicable, is to be effective. The applicant shall schedule with the Code Enforcement Officer the necessary inspection of the dwelling or dwelling unit not less than 30 days prior to the desired license effective date. All applications for a special permit and license shall include the following information:

[1] Current and accurate site plan of the premises (as approved by the Zoning Board of Appeals for the special permit application), showing all property lines, building lines, driveways, sidewalks, parking spaces, garbage and recycling storage areas, and any outbuildings and outdoor gathering areas such as patios and decks;

[2] Floor plans, as determined adequate by the Zoning Board of Appeals and which need not be prepared by a licensed design professional, for each building floor level containing rentable space, which specifically depict all room sizes and locations, common areas, exits and other facilities;

[3] A copy of the recorded deed showing all current owners of the premises, and a list of the names, home and business addresses, all phone numbers (including home, business and cell) and email addresses of all property owners and all property managers in the case of nonowner-occupied facilities;

[4] The number of permanent residents and the number of transient residents proposed to reside on the premises (as authorized per the conditions of the special use permit granted by the Zoning Board of Appeals in the case of license applications), including the number assigned to each bedroom shown on the building floor plans;

[5] The number of all automobiles, trucks and other vehicles belonging to the owners/permanent residents that will be parked on the premises during periods of transient rentals, including for each such vehicle, the make, model and year of the vehicle, license plate number; the name and permanent address of each vehicle's local operator and its titled owner; and

[6] Such other information as the Code Enforcement Officer may reasonably require for the premises in question.

(m) All applications for a special permit and/or license to operate a transient occupancy lodging facility shall be signed by all owners of the premises. All applications shall include an accurate list of all property owners within 150 feet of the subject premise, as indicated on the most recent real property tax assessment roll, accompanied by a statement that all such owners have been provided a copy of the application. Each signator to the application shall swear or affirm to the truth and accuracy of the information contained in the application. Upon each license application and renewal application, the applicant shall be required to pay a license administration fee to the Village of Morrisville, which shall be determined by resolution of the Board of Trustees.

(n) All proposed transient occupancy lodging facilities shall be physically inspected for proper maintenance of the premises in accordance with Subsection B(2)(q)(1) below, and for general code compliance prior to issuance of a license to operate the facility, and on an annual basis thereafter prior to the issuance of any renewal license.

(o) Upon such timely application and inspection, the Code Enforcement Officer will issue or renew, as applicable, the license upon a finding of full and proper compliance with all provisions of this chapter and all other applicable laws and standards. Upon determining that sufficient grounds exist under the provisions of Subsection B(2)(s) below, the Zoning Board of Appeals shall have the authority to revoke any such license upon application of the Code Enforcement Officer and after holding a public hearing upon any such application to revoke a license.

(p) The total number of nights of transient occupancy of any transient occupancy lodging facilities may not exceed 60 nights within any given license year.

(q) Grounds for denial or revocation of license. Any proposed or existing transient occupancy lodging facility that is not in compliance with the requirements of this chapter, or any other applicable laws or standards, shall not be granted a license to operate, and, in the event a license has been issued, such license shall be subject to revocation, as herein provided, and the owner(s) and operator(s) of the transient occupancy lodging facility shall be subject to such other penalties and/or remedies as may be applicable. The existence of any of the following conditions and circumstances shall be deemed violations that constitute grounds for denial or revocation of a transient occupancy lodging facility license:

[1] Indications of improper maintenance or operation of the property in keeping with the character of the neighborhood, and/or failure to maintain and keep the premises in a healthy, safe and sanitary condition, which shall include, but is not necessarily limited to:

[a] Exposed garbage or litter on the premises;

[b] Failure to maintain the buildings and grounds in a neat and orderly fashion, including painting and maintenance of exterior surfaces and windows and maintaining and trimming of grass and other vegetation;

[c] Parking of vehicles on or about the premises in undesignated and/or unapproved parking areas; or

[d] The occurrence of parties or other gatherings of individuals upon the premises wherein the number of persons gathered upon the premises exceeds the number of persons authorized upon the premises under the terms of the special permit and license.

[2] Two or more instances within any twelve-month period where a police officer or agency, or the Village Code Enforcement Officer, issued one or more appearance tickets or arrest warrants with respect to acts or omissions related to the transient occupancy of the premises. Such conduct shall include, but is not necessarily limited to, the occurrence of any acts, incidents or events upon the premises that constitute violations of any provision of this chapter, or any other provision of the Village Code, and/or the New York State Penal Law.

[3] The conviction upon any formal charges as described in the immediately preceding Subsection B(2)(q)[2] shall be prima facie evidence of improper operation of a transient occupancy lodging facility, and shall constitute grounds for immediate revocation of a license, as well as for automatic denial of a license renewal application for a period of one year following the date of license revocation or expiration, as applicable.

(r) Upon determining the existence of one or more offending conditions relative to the premises, the Code Enforcement Officer shall deny the application for a transient occupancy lodging facility license and, with respect to previously licensed transient occupancy lodging facilities, at that time may take any action authorized by law, including, but not necessarily limited to the following:

[1] Impose additional conditions upon the license;

[2] Refer the matter to the Zoning Board of Appeals to schedule a public hearing to consider revocation of the license; and/or

[3] Issue one or more appearance ticket or tickets for any violation(s) of the Village Code. The Code Enforcement Officer shall be authorized to issue an appearance ticket to any owner or operator of a transient occupancy lodging facility operating without a valid license.

(s) Any violation of the provisions of this § 180-24B(2) shall constitute a misdemeanor punishable by a maximum fine of $1,000, or by imprisonment for not more than six months, or by both such fine and imprisonment. Each day of continued violation shall constitute a separate and additional offense.

(3) Self-storage facilities–special conditions.

(a) Self-storage facilities shall be located only in the Business 2 District on parcels with a minimum of 1.75 acres.

(b) General requirements.

[1] Self-service storage facilities shall be limited to long-term storage use only. No activities other than rental of storage units and pickup and deposit of long-term storage items shall be allowed. "Long-term storage" is defined as the storage of goods or materials for a period of 30 days or greater. Examples of activities prohibited in a self-service storage facility include but are not limited to the following: commercial wholesale or retail sales; auctions, garage sales or flea markets; servicing, repair or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances or similar equipment; the operation of power tools, spray­painting equipment, table saws, lathes, compressors, welding equipment, kilns or other similar equipment; the establishment of transfer storage businesses; and any use that is noxious or offensive because of odors, dust, noise, fumes or vibrations, but nothing contained herein shall prohibit enforcement of the provisions of the New York State Lien Law. None of the aforementioned conditions shall restrict the facility owner from performing maintenance on the facility.

[2] All rental contracts shall include clauses prohibiting:

[a] The storage of flammable liquids and highly combustible, radioactive or explosive materials, hazardous chemicals or substances considered illegal under state or federal statutes.

[b] Housing or storage of pets or any other animals.

[c] The use of property for uses other than long-term storage.

[d] Short-term storage of items for the intent of warehousing activities and/or for retail sales.

[e] The right of the owner to enter at least once yearly without notice to the customer, to make inspection of the storage units.

[3] The owner or operator of the facility shall inspect each and every storage unit for cause or without cause at a period no less than once yearly. The owner shall maintain records of their inspections and make them available to the Code Enforcement Officer upon request.

[4] Landscaping and security.

[a] The landscape plan requirements shall be reviewed and/or revised by the Joint Zoning Board of Appeals/Planning Board depending upon site specifics.

[b] Plantings shall be provided in all yards facing public roadways and adjoining residential properties. These and other plantings shall both screen and visually interrupt the linear extent of the buildings so as to reduce the appearance of the storage facilities. An effective living screen of evergreen-type trees, bushes and shrubs shall be provided. All plantings shall be properly maintained and replaced if necessary.

[c] The site shall be developed in a manner designed to minimize the potential for vandalism or criminal activity. Fencing for security or aesthetic purposes shall be approved by the Joint Zoning Board of Appeals/Planning Board as to material, height and color. Site lighting shall be provided and shall be directed or shielded to minimize fugitive lighting impacts upon residential properties in the vicinity of the facility and shall be configured to minimize glare on adjacent properties or roadways and subject to Joint Zoning Joint Zoning Board of Appeals/Planning Board approval.

[5] Hours of operation for self-storage facilities shall be limited by the Joint Zoning Board of Appeals/Planning Board, but in no event shall entry be permitted prior to 6:30 a.m. or after 11:00 p.m.

[6] Signs shall be installed in accordance with applicable provisions of this Code and with approval of the Joint Zoning Board of Appeals/Planning Board; however, no sign may be affixed to any portion of the perimeter fencing.

[7] New construction buildings shall be oriented to reduce the visual impact on adjacent properties and existing roadways.

[8] New construction buildings shall not have an exterior wall height greater than nine feet, nor shall it be longer than 150 feet in length.

[9] All storage shall be within the building walls. There shall be no outdoor storage of boats, cars, trucks, RVs or other vehicles of any type.

[10] Site plan review by the Joint Zoning Board of Appeals/Planning Board shall be required pursuant to the Village Code as applied to site development plans or special permitted uses.

(c) Interpretation; higher standards to prevail. In their interpretation and application, the provisions of this section shall be held to be the minimum requirements. More stringent provisions may be required if it is demonstrated that different standards are necessary to promote the public health, safety and welfare.

C. Expiration of special permits; temporary permits.

(1) A special permit shall be deemed to authorize only the particular use or uses specified in the permit and, unless other provisions are set forth by the Joint Zoning Board of Appeals/Planning Board in connection with its issuance of that permit. A special permit shall expire if work is not initiated pursuant thereto within one year of issuance.

(2) The Joint Zoning Board of Appeals/Planning Board may, upon a finding that the applicant is proceeding with the project with due diligence and has offered a reasonable explanation of its inability to commence and/or complete the project, grant one or more six-month extensions of the special use permit approval subject to such conditions as the Joint Zoning Board of Appeals/Planning Board determines are appropriate. The granting of extensions under this section shall not require a public hearing, but may require updates of any material previously submitted. Prior to the grant of any extensions pursuant to this section, the applicant shall deposit with the Village such additional escrow monies for professional consultation services as may be deemed necessary by the Joint Zoning Board of Appeals/Planning Board.

(3) Any special use permit issued hereunder shall be to the applicant and shall be terminated upon the sale, expiration of a leasehold interest of the applicant, a change to a permitted use that does not require a special permit, or abandonment of the site, unless otherwise authorized by the Joint Zoning Board of Appeals/Planning Board. If there is noncompliance with the conditions of the resolution of special use permit, the certificate of occupancy shall be revoked.

(4) When the circumstances warrant, the Joint Zoning Board of Appeals/Planning Board may issue temporary permits for a period not to exceed five years, subject to adequate guaranties that such use shall be terminated at the end of the term specified or such extension thereof as may be granted by the Joint Zoning Board of Appeals/Planning Board.

§ 180-25 Site development regulations.

[Added 11-14-1996 by L.L. No. 6-1996]

A. Applicability.

(1) Whenever any structure is proposed to be constructed, added to or modified in any zone, except one-family dwellings and accessory structures or two-family dwellings and accessory structures, or whenever any structure in a residential zone which is used in whole or in part for nonresidential purposes is proposed to be added to or modified, or when any existing structure in any zone is proposed to be changed to a use other than a one-family or two-family dwelling, which is different than its present use, the owner of the land on which such proposed or existing structure is located shall submit a site development plan to the Planning Board in accord with the procedures and requirements set forth below. Upon submission of such a plan, the Planning Board shall consider the various elements of the planned development, including those related to parking, means of access, screening, signs, landscaping, architectural features, location and dimensions of buildings and adjacent land uses. No building permit shall be issued until approval of the site development plan by the Planning Board.

(2) If site development is to be undertaken in stages, the site development plan can be approved in stages.

(3) The Planning Board, in its discretion, may waive any of the requirements and procedures of the site development regulations when the development is of a minor nature and full compliance with the regulations would be burdensome and would serve no useful purpose. For instance, the requirement of submitting a topographic map may be waived on an existing site with no proposed changes in grade. Whenever the proposed construction will cause a change in the Village Map, relocation or widening of streets or construction of new streets or utilities to be dedicated to the Village, the Village Board will conduct a public hearing and otherwise proceed in accordance with the applicable provisions of the Village Law.

(4) The Village Clerk shall give notice of any application made under this section for site development plan approval by mailing, within 10 days following the date of filing of such application with the Village Clerk, written notices of the substance of such application to all the owners of land lying within a distance of 500 feet of the exterior boundaries of the premises for which such application is made as their names and addresses appear on the latest completed assessment roll of the Village. It shall be the applicant's responsibility to initially furnish such names and addresses to the Village Clerk for verification and mailing. Notwithstanding the foregoing, failure to comply with this notice provision shall not invalidate any action taken by the Planning Board.

B. Procedure.

(1) The applicant shall submit to the Planning Board, in duplicate, a site development plan containing the information and material required by Subsection C below. At the applicant's option and election, a sketch plan may be submitted prior to a formal application for site plan review. The intent of such a conference is to enable the applicant to inform the Planning Board of his proposal prior to the preparation of a detailed site plan; and for the Planning Board to review the basic site design concept, advise the applicant as to potential problems and concerns and to generally determine the information to be required on the site plan. In order to accomplish these objectives, the applicant should provide the following:

(a) A statement and rough sketch showing the locations and dimensions of principal and accessory structures, parking areas, access signs (with descriptions), existing and proposed vegetation and other planned features; anticipated changes in the existing topography and natural features; and, where applicable, measures and features to comply with flood hazard and flood insurance regulations;

(b) A sketch or map of the area which clearly shows the location of the site with respect to nearby streets rights-of-ways, properties, easements and other pertinent features; and

(c) A topographic or contour map of adequate scale and detail to show site topography. The Planning Board will arrange for a meeting with the applicant within 30 days from the date of submission of the sketch plan.

(2) Within 62 days following submission of the formal site plan review application, the Planning Board shall hold a public hearing on the application, except that such public hearing may be waived by the Planning Board for applications proposing no new access or driveways or no disturbance of existing grades.

(3) Within 62 days from the date of a completed submission, or within 62 days following the closing of the public hearing if one was held, the Planning Board shall take action to approve, approve with modifications or disapprove the site development plan, and the grounds for disapproval or required modifications shall be stated upon the records of the Planning Board. The Planning Board shall inform the applicant, in writing, of its action.

(4) Approval of a site development plan shall expire six months from the date of approval. An extension of six months may be granted by the Planning Board upon application. Such application for extension may be approved for good cause shown.

(5) The Planning Board may, in its sole discretion, require a performance bond or certified check or other adequate security in an amount to be determined by the Planning Board as sufficient to cover the cost of installation of any required infrastructure and improvements to guarantee that the premises, building and grounds will be developed in conformity with the site development plan as approved by the Planning Board before issuance of a building permit.

(6) The developer shall complete, in accordance with the Planning Board's decision, to the satisfaction of the Village Code Enforcement Officer and any other official or body authorized by law to act on behalf of the Village, all the improvements required for issuance of site plan approval not specifically waived by the Planning Board.

(7) The Planning Board shall require a certificate from a licensed professional engineer as to the satisfactory character of any infrastructure improvements completed and an opinion from the Village Attorney as to the adequacy of any bond or other security which may be required. The developer shall tender offers of cession, in a form certified as satisfactory by the Village Attorney, of all land included in streets, highways or parks not specifically reserved by the developer, but approval of the site development plan by the Planning Board shall not constitute an acceptance by the Village of the dedication of any street, highway, utility, park or other public open space.

(8) The Code Enforcement Officer may grant the applicant a building permit only following final approval of the site development plan by the Planning Board and filing of such site development plan with the Village Clerk.

(9) In the event of disapproval of the site development plan, the grounds for such disapproval shall be stated in the records of the Planning Board, and a copy of the decision shall be sent to the applicant.

C. Site development plan requirements. The information to be submitted and which constitutes a site development plan is as follows:

(1) Existing conditions data, except where otherwise specified by the Planning Board.

(a) Land title deed description according to current official records and any covenants, deeds or special restrictions on the land.

(b) Names of owners of record of all adjoining property within 500 feet of all boundaries of the property.

(c) Present zoning of the property and adjoining parcels.

(d) Survey of property boundaries, noting all pertinent bearings and distances, acreage, scale, North point, datum, benchmarks and date of survey, made and certified by a licensed land surveyor. The survey shall be prepared at one of the following scales: zero to 10 acres, one inch to not more than 50 feet; or 10 or more acres, one inch to not more than 100 feet. The survey shall include, where applicable and to true scale, dimensions, name, size and purpose of public and private easements, public rights-of-way, sanitary and storm utilities and services for the property. If no utilities or services exist on the property, the direction, distance and size to the nearest utilities or services will be shown.

(e) Location of existing buildings or other structures and all trees.

(f) Topographic survey of the property. For land that slopes less than 2%, show spot elevations at all breaks in grade, along all drainage channels or swales and at selected points not more than 50 feet apart in all directions; for land that slopes 2% or more, show contours with an interval of not more than two feet with spot elevations at tops and toes of all slopes. The survey will also show the location and extent of watercourses, marshes, rock outcrops, wooded areas and other significant man-made or natural features.

(2) Site development data.

(a) Proposed land use and location of structures.

(b) Proposed vehicular and pedestrian circulation, including off-street parking areas and capacities and loading areas.

(c) Proposed planting, screening and lighting.

(d) If the development is to be undertaken in stages, show intended construction sequences.

(e) Location and size of all proposed public and private utilities and services.

(f) Proposed grading of the site, showing existing contours as required and spot elevations necessary to show the proposed drainage plan.

(g) Proposed floor plans and exterior elevations drawn to scale. Elevations shall include finished grades around the building; all architectural features, including doors, windows, lights, signs and equipment; and other pertinent information. Submission shall also include a roof plan showing all proposed utility equipment, typical sections, sight-line drawings or other drawings as required to clearly describe the proposed building; samples of exterior materials; and any other information as deemed necessary by the Planning Board to evaluate a building's architectural features.

(h) Areas for parks, playgrounds and/or other recreational uses as may be deemed necessary by the Planning Board.

D. Optional preliminary site plan submittal.

(1) If at the sketch plan conference the Planning Board determines that the plan is of an uncomplicated nature, presents no impacts on existing neighboring uses and there are no constraining physical or environmental features of the site, the Planning Board may approve the submission of a site plan in accordance with this subsection rather than § 180-24C.

(2) Required attachments (three copies of each), shall be as follows:

(a) Tax map section(s) covering application property and surrounding parcels to a distance of 500 feet.

(b) Preliminary site plan, with accurate dimensions done to a specified scale. Such a plan shall show:

[1] Scale at which it is drawn and direction of north;

[2] Location and dimensions (to include setbacks from property lines) of existing and proposed buildings;

[3] Location, layout and dimensions of parking area and driveway(s);

[4] Location of available utilities hookups or access;

[5] Location of well and on-site sewage disposal system (if used);

[6] Location of any proposed outdoor storage;

[7] Location and description of any fencing or vegetative screening;

[8] Location and description of any outdoor lighting;

[9] Direction(s) of slope of land;

[10] Location of all footer drains, roof drains, streams, ditches, catch basins, retention/detention ponds;

[11] Location and description of any business signs.

(NOTE: For final site plan approval, the Planning Board may require the submission of additional information drawn from the list in § 180-24 C.)

E. Final approval of site development plan. The information to be submitted prior to final approval of the site development plan is as follows:

(1) The plan shall be prepared by a licensed architect, licensed engineer or licensed land surveyor and printed upon linen or canvas-backed paper and must be either 8 1/2 inches by 11 inches, 8 1/2 inches by 14 inches, 17 inches by 22 inches, 22 inches by 34 inches or 34 inches by 44 inches in size.

(2) All changes and additional material as required by the Planning Board must be shown on the plan to be approved.

(3) Upon approval of a final site development plan, at least two copies of the plan shall be signed by the Planning Board Chairman and retained by the Village.

F. Findings required. The Planning Board, after determining that all requirements of this section dealing with the site development plan have been met, shall approve or disapprove the site development plan. In the disapproving of any site development plan, the Planning Board shall enter its reasons for such action in its records. The Planning Board may approve of a site development plan, provided that it is established that:

(1) Any exception to the requirements of this chapter is warranted by the design and amenities incorporated in the site development plan.

(2) The location and size of the use, the nature and intensity of the operations involved in and conducted in connection with it and the size with respect to existing and proposed streets giving access to it are such that it shall be in harmony with the appropriate and orderly development of the district in which it is located.

(3) The location, architectural features, nature and height of buildings, walls and fences and the nature and extent of the landscaping on the site are such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.

(4) Where required, off-street parking areas and loading spaces shall be of adequate size for the particular use, properly located and suitably screened from adjoining residential uses, if any, and the entrance and exit drives shall be laid out so as to achieve maximum safety.

(5) Existing and proposed utility services are adequate for the proposed development as determined by the Village Engineer.

(6) Streets and sidewalks shown on the site development plan conform to Village specifications.

(7) The proposed development does not pose any threat to the Village's groundwater source.

(8) Each stage of the proposed development, as it is proposed to be completed, must contain the required parking spaces, planting, screening and lighting of utility areas necessary for creating a desirable environment and as approved by the Planning Board.

(9) The development of the site shall be completed within the time specified by the Planning Board.

G. Architectural features.

(1) The Village of Morrisville hereby finds that inappropriateness and unacceptable quality of design, including excessive uniformity or dissimilarity in the exterior appearance of buildings or other structures erected or altered in the Village, can adversely affect the desirability of the immediate area and neighboring areas and, by so doing, can impair the benefits of occupancy of existing property in such areas, can impair the stability and value of both improved and unimproved real property in such areas, can prevent the most appropriate development and use of such areas, can produce degeneration of property in such areas with attendant deterioration of conditions affecting the health, safety, comfort and general welfare of the inhabitants thereof and can contribute to the diminution of the taxable value of real property in such areas and their ability to support municipal services provided therefor.

(2) It is a purpose of this section and related provisions to prevent these and other harmful effects of such exterior appearance of buildings and other structures erected or altered in the Village and, thus, to promote the health, safety, comfort and general welfare of the community, to conserve the value of buildings and to encourage the most appropriate use of land within the Village.

(3) With specific reference to the architectural features of a proposed site development plan, it shall be the duty of the Planning Board to take into consideration the advice and recommendations of the Village Historic Preservation Commission and otherwise to exercise aesthetic judgment and maintain the desirable character of the Village and prevent construction, reconstruction, alteration or demolition out of harmony with the existing buildings insofar as style, material, color, massing, line and detail are concerned; to discourage degeneration of property to safeguard public health, safety and fire prevention; and to promote and preserve the beauty and historic character of the Village.

(4) In the event that the Planning Board recommends disapproval of any site development plan due to architectural features, it must find that the structure or building which is the subject of the application would, if erected or altered, cause or contribute to one or more of the harmful effects set forth in Subsections G(1) and (2) of this subsection by reason of:

(a) Excessive similarity to any other structure existing or for which a permit has been issued, facing the same or intersecting street and within 500 feet of the proposed site, as measured along center lines of streets, in respect to one or more of the following features of exterior design and appearance:

[1] Apparently identical front, side or other elevation from the street.

[2] Substantially identical arrangement of either doors, windows, porticoes, garages, chimneys or other openings or breaks in the elevation facing the street.

[3] Other significant identical feature of design, such as but not limited to material, colors, roof line or other design elements, provided that a finding of excessive similarity shall state not only that such excessive similarity exists, but that it is of such a nature as to be reasonably expected to provoke one or more harmful effects.

(b) Excessive dissimilarity or inappropriateness in relation to any other structure existing or for which a permit has been issued, facing upon the same or intersecting street and within 500 feet of the proposed site as measured along center lines of streets, in respect to one or more of the following features of exterior design and appearance:

[1] Materials and colors.

[2] Roof structures, chimneys or exposed mechanical equipment.

[3] Gross floor area.

[4] Height of building or structure.

[5] Cubical contents.

[6] Other significant dissimilar or inappropriate features of design, provided that a finding of excessive dissimilarity or inappropriateness shall state not only that such excessive dissimilarity or inappropriateness exists, but that it is of such a nature as to be reasonably expected to provoke one or more of the harmful effects set forth in Subsections G(1) and (2) of this section and that the finding is not based on personal preference as to taste or choice of architectural style.

H. Parks, open spaces and natural features. Areas for parks, playgrounds and other recreational uses shall be of reasonable size. No arbitrary percentage of area shall be insisted upon by the Planning Board, but in general, an applicant should set aside not less than 10% of the development area for these purposes. If the Planning Board determines that suitable parks, playgrounds or other recreation areas cannot be practically located on a site development plan, the Planning Board may require a payment to the Village for such park or recreational purposes. The Planning Board shall determine the amount of such payment.

I. Documentation. The applicant shall submit to the Planning Board originals and copies of the application, site plan and other supporting data required under this section in such number, format and content as may be determined from time to time by the Planning Board.

§ 180-26 Functional family units.

[Added 8-18-2003 by L.L. No. 2-2003]

The following criteria shall be considered in determining whether or not a group of unrelated persons is a functional family unit as defined in this chapter:

A. The occupants must share the entire dwelling unit. A dwelling in which the various occupants act as separate roomers is not deemed to be occupied by a functional family unit.

B. The household must have stability with respect to the purpose of these regulations. Evidence of such stability may include the following:

(1) The presence of dependent persons regularly residing in the household.

(2) Proof of the sharing of expenses for food, rent or ownership costs, utilities and other household expenses.

(3) The various occupants have the same address for purpose of voter registration; driver's license; motor vehicle registration; and/or filing of taxes.

(4) Common ownership of furniture and appliances among the various occupants.

(5) Enrollment of dependents in local public schools.

(6) Employment of occupants in the local area.

(7) A showing that the household has been living together as a unit for a year or more, whether in the current dwelling or other dwelling.

(8) Any other factor reasonably related to whether or not the group of persons is the functional equivalent of a family.

§ 180-27 Fences, walls and plantings.

[Added 8-18-2003 by L.L. No. 2-2003]

A. No fence or wall shall be constructed except upon the prior issuance of a building permit by the Code Enforcement Officer.

B. On properties upon which the principal use is a one- or two-family dwelling, no fence or wall or planting shall be constructed or planted less than two feet from the property line. For all other principal uses, fence locations relative to side and rear yards shall be as determined by the Planning Board upon site plan review.

C. No fence, wall or planting shall be placed or maintained which interferes with the safe movement of vehicular or pedestrian traffic or the removal and storage of snow from within the street boundaries. No fence, wall or planting shall be closer than three feet to any street boundary.

D. On properties upon which the principal use is a one- or two-family dwelling, no fence or wall shall exceed eight feet in height in any rear or side yard, and shall not exceed four feet in height in any front yard. For all other principal uses, fence height shall be as determined by the Planning Board upon site plan review.

E. Any fence or wall that is constructed shall have the finished side facing the adjoining property.

§ 180-28 Application fees and review expenses.

[Added 1-6-2015 by L.L. No. 1-2015]

A. Application fees shall be charged and paid for the issuance of building permits and for the submission of applications to the Board of Trustees, Planning Board and/or Zoning Board of Appeals for variances, site plan approval, special permits and/or amendments to the Zoning Code and/or Zoning Map in order to reasonably defray the administrative expenses of the Village in processing such applications. Such application fees shall be determined by resolution of the Village Board of Trustees, which shall be authorized to modify said application fees from time to time by further resolution.

B. An application involving more than one application simultaneously submitted to the Board of Trustees, Planning Board and/or Zoning Board of Appeals under the provisions of this chapter shall require payment of only the highest applicable fee, except that such fee shall be in addition to any fees required for land subdivision applications. An application shall not be complete and acceptable for review until the required application fees are paid.

C. In addition to the above-described application fees, the applicant shall reimburse the Village for expenses incurred by the Village as provided in § 180-29 below.

§ 180-29 Reimbursement of Village expenses.

[Added 1-6-2015 by L.L. No. 1-2015]

A. Legislative findings, intent and purpose.

(1) The Board of Trustees hereby finds and determines that in order to protect and safeguard the Village of Morrisville, its residents and their property with respect to certain land developments and projects within the Village, all buildings and related improvements, highways, drainage facilities, utilities and parks within developments and projects should be designed and constructed in a competent and workmanlike manner and in conformity with all applicable governmental laws, codes, rules and regulations and should be dedicated and conveyed to the Village in a legally sufficient manner. To ensure the foregoing, it is essential for the Village to have and to retain competent engineers and other professional consultants to review and approve plans and designs, make recommendations to the Village Board, Planning Board and Zoning Board of Appeals, inspect the construction of highways, drainage facilities, utilities and parks to be dedicated to the Village and to recommend their acceptance by the Village; and for the Village to have and retain competent attorneys to assist in the application review process, to negotiate and draft appropriate agreements with developers, to obtain, review and approve necessary securities, insurance and other legal documents, to review proposed deeds and easements to ensure that the Village is obtaining good and proper title, to render legal opinions and to generally represent the Village with respect to any legal disputes and issues which may arise regarding such developments and projects. The cost of retaining such competent engineers, attorneys and other professional consultants should ultimately be paid by those who seek to benefit from such developments and projects, including variances, subdivision approvals, site plan approvals, special permits or uses rather than by general Village funds which are raised by assessments and/or general taxes paid by taxpayers of the Village.

(2) This chapter and section are enacted under the authority of Municipal Home Rule Law § 10, Subdivision 1(ii)(a)(12) and (d)(3), and the Municipal Home Rule Law § 22. To the extent that Village Law §§ 7-718, 7-715-a, 7-725-b, 7-728, 7-730, 7-732, 7-712, 7-712-a, and 7-712-b do not authorize the Village Board, Village Planning Board and/or the Village Zoning Board of Appeals to require reimbursement to the Village of legal, engineering and other professional consulting fees, expenses and costs incurred by the Village in connection with the review and consideration of applications for subdivision approval, for the approval, amendment or extension of a district and/or for the review and consideration of applications for approval of variances, site plans and/or special permits under the Village's Zoning code, it is the expressed intent of the Board of Trustees to change and supersede such statutes. More particularly, to the extent that such statutes do not authorize the deferral or withholding of such consideration, review, acceptance or approvals in the event that such fees, expenses and costs are not paid to the Village, it is the expressed intent of the Village Board to change and supersede Village Law §§ 7718, 7-715-a, 7-725-b, 7-728, 7-730, 7-732, 7-712, 7-712-a, and 7-712-b to empower the Village to require such payment as a condition to such consideration, review, acceptance or approvals.

B. When reimbursement required.

(1) Subdivisions.

(a) An applicant for approval of a subdivision in the Village shall reimburse the Village for all reasonable and necessary legal, engineering, and other professional consulting fees, expenses and costs incurred by the Village in connection with the review and consideration of subdivisions that involve the construction of streets, sidewalks, drainage facilities and/or water, sewer or other public utilities.

(b) A developer who constructs or proposes to construct one or more highways, drainage facilities, utilities or parks within or in conjunction with an approved subdivision in the Village shall reimburse the Village for all reasonable and necessary legal, engineering and other professional consulting fees, expenses and costs incurred by the Village in connection with the inspection and acceptance by the Village of such highways, drainage facilities, utilities and parks and the dedication of the same to the Village.

(2) An applicant or developer making application for the approval of a site plan, or a special permit or seeking approval of an application for a variance or amendment of the Zoning Code and/or Zoning Map, shall reimburse the Village for all reasonable and necessary legal, engineering and other professional consulting fees, expenses and costs incurred by the Village in connection with the review and consideration of such application when such services are requested by the Board reviewing the application or the Code Enforcement Officer, and approved by the Board of Trustees. The provisions of this subsection shall not be applicable to applicants seeking approvals solely for the construction and/or modification of a single one- or two-family residence and/or structures accessory thereto.

C. Deposit of funds; payment of fees.

(1) Upon the determination of the Board of Trustees to seek professional guidance and services in connection with a request for approval of a development or the filing of an application for approval of a variance, site plan approval, special permit or an amendment to the Zoning Code and/or Zoning Map, the applicant or developer, as the case may be, shall execute a "Professional Fees and Administrative Costs Payment Agreement" in substantially the form set forth in Attachment 3 at the end of this chapter,[1] and shall deposit with the Village Treasurer a sum of money, as determined in accordance with the schedule of deposits fixed by the Village Board pursuant to this section, which sum shall be used to pay the reasonable and necessary fees, expenses and costs incurred by the Village for legal, engineering and other professional consulting services as described herein.

[1] Editor's Note: Said attachment is on file in the Village offices.

(2) Upon receipt of such sums, the Treasurer shall cause such monies to be placed in a non-interest-bearing trust and agency account in the name of the Village and shall keep or cause to be kept a separate record of all such monies so deposited and the name of the applicant or developer and the application and development for which such sums were deposited.

(3) Upon receipt and approval by the Treasurer of itemized invoices or vouchers from an attorney, engineer and/or other professional consultant for services rendered on behalf of the Village pertaining to the development or the application for a variance, site plan approval or special permit, the Treasurer shall cause such vouchers to be paid out of the monies so deposited and shall debit the separate record of such account accordingly. The Treasurer shall furnish copies of such vouchers to the applicant or developer upon request.

(4) The Treasurer, on behalf of the Village and subject to audit and review by the Village Board, shall review and audit all such vouchers and shall approve payment of only such legal, engineering, and/or other professional consulting fees, expenses and costs as are reasonable in amount and necessarily incurred by the Village in connection with the review, consideration and approval of developments, the inspection and acceptance of highways, drainage facilities, utilities and parks within or in conjunction with such developments, and the review, consideration and approval of applications for variances, site plan approval, special permits and amendments to the Zoning Code and/or Zoning Map. For purposes of the foregoing, a fee or part thereof is reasonable in amount if it bears a reasonable relationship to the average charge by engineers or attorneys to the Village for services performed in connection with approval or construction of a similar development of project, and in this regard the Village may take into consideration the size, type, value and number of buildings to be constructed, the amount of time to complete the development or project, the topography of the land on which such development is located, soil conditions, surface water, drainage conditions, the nature and extent of highways, drainage facilities, utilities and parks to be constructed and any special conditions or considerations the Village may deem relevant. For purposes of the foregoing, a fee, expense or cost, or part thereof is necessarily incurred if it was charged by the attorney, engineer or other professional consultant for a service which was rendered in order to protect or promote the health, safety or other vital interests of the residents of the Village, protect public or private property from damage from uncontrolled surface water runoff and other factors, to ensure the proper and timely construction of highways, drainage facilities, utilities and parks and otherwise to protect the legal interests of the Village, including receipt by the Village of good and proper title to dedicated highways and other facilities and the avoidance of claims and liability and such other interests as the Village may deem relevant or to ensure the proper and timely review and consideration of an application for a variance, site plan approval or a special permit.

(5) If at any time during or after the processing of such application or the construction, inspection or acceptance of buildings, highways, drainage facilities, utilities or parks or during or after the processing of an application for a variance, site plan approval, certificate of compatibility, or special permit there shall be insufficient monies on hand to the credit of such applicant or developer to pay the approved vouchers in full, or if it shall reasonably appear to the Treasurer that such monies will be insufficient to meet vouchers yet to be submitted, the Treasurer shall cause the applicant or developer to deposit additional sums as the Treasurer deems reasonably necessary or advisable in order to meet such fees, expenses and costs or anticipated fees, expenses and costs.

(6) In the event that the applicant or developer fails to deposit such funds or such additional funds, the Treasurer shall notify the Village Board and, as applicable, the Chair of the Planning Board, the Chair of the Zoning Appeals Board, and the Village's Zoning and Code Enforcement Officer of such failure, and any review, approval, building permit or certificates of occupancy shall be withheld by the appropriate board, officer or employee of the Village until such monies are deposited.

(7) After final approval, acceptance and/or the issuance of a certificate of occupancy relating to any specific development, or any requested variance, site plan approval or special permit and/or amendment to the Zoning Code and/or Zoning Map, and after payment of all approved vouchers submitted regarding such development or application, any sums remaining on account to the credit of such applicant or developer shall be returned to such applicant or developer, along with a statement of the vouchers so paid.

D. Deposit amounts. The amount of the initial deposit for the various developments and/or applications covered by this section shall be as set forth in a schedule of deposits established from time to time by resolution of the Village Board. The schedule shall remain in effect and shall apply to all applicants and developers until amended or revised by subsequent resolution of the Village Board.

E. Application fees. The deposits required by this local law shall be in addition to any application fees as may be required by § 180-28 of this chapter and any other laws, rules, regulations or ordinances of the Village of Morrisville, the County of Madison, the State of New York or of any other body having jurisdiction with respect to a development, drainage facility, highway, utility or park or to an application for a variance, site plan approval, special permit and/or amendment to the Zoning Code and/or Zoning Map, and shall not be used to defray either the Village's general expenses for legal, engineering or other professional consulting fees, expenses or costs for the several boards of the Village or its general administration expenses.

F. Severability. If any clause, sentence, paragraph, subdivision or part of this section shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not impair or invalidate the remainder thereof but shall be limited in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the proceeding in which such judgment is rendered.

§ 180-30 Filling of land

[Added 8-6-2015 by L.L. No. 4-2015]

A. The placement, deposit, burial or dumping of waste organic material is prohibited within the Village. Inorganic rock, stone, sand, soil, cinders and inorganic, nonhazardous construction debris such as concrete may be placed and/or buried on a lot only in accordance with a site plan and grading plan approved by the Planning Board and the Village Engineer, or as otherwise authorized under this section. This section shall not be deemed to prohibit the placement of topsoil or mulch materials in conjunction with typical lawn seeding and landscaping activities, which shall not be considered land filling activities under this section, as long as such seeding and landscaping activities do not adversely affect stormwater drainage on adjoining or other lots.

B. Notwithstanding the provisions of Subsection A above, the approval of the Planning Board and Village Engineer shall not be required, and only a written permit issued by the Zoning Enforcement Officer shall be required for land fill that does not exceed 40 cubic yards, except where such fill is generated by on-site earthwork and regrading in connection with a building or site construction project otherwise requiring site plan approval from the Planning Board. Prior to issuing any such permit, the Zoning Enforcement Officer shall determine that:

(1) The total amount of fill does not exceed 40 cubic yards, and the final grading of all such materials will not create a dangerous condition or be a detriment to adjoining and other properties.

(2) The minimum distance from any edge of a land fill area to any creek bank or wetland edge is more than 100 feet. Adequate erosion controls and sedimentation traps shall be installed in any area which may impact on any creek bank, wetland or adjoining lot.

(3) The placement of the land fill will not adversely modify or impair drainage to, from, or on any adjoining lot.

§ 180-31 Nonconforming lots.

[Added 9-8-2016 by L.L. No. 6-2016]

In any district, a permitted use may be constructed on a lot which does not conform to minimum lot area and/or minimum lot width and lot depth requirements for the use if the lot existed on the effective date of these regulations or on the date of any amendment of these regulations and such adoption or amendment renders such lot a nonconforming lot, further provided that:

A. If the owner of said nonconforming lot owns any adjoining undeveloped lot(s), the nonconforming lot shall be joined with all or subdivided portions of such adjoining lot(s) to create a conforming lot or to mitigate the nonconforming condition.

B. Any use constructed on a nonconforming lot shall have yard depths conforming to the minimum requirements of the district in which it is located.

§ 180-32 Nonconforming uses.

[Added 9-8-2016 by L.L. No. 6-2016]

Except as otherwise provided herein, the lawful use of any land, buildings and other structures which existed on the effective date of these regulations may be continued whether or not conforming to these regulations, but such use may not be expanded or modified except as authorized under the provisions of this chapter.

§ 180-33 Modification of nonconforming uses and structures.

[Added 9-8-2016 by L.L. No. 6-2016]

Any use which does not conform to these regulations or which becomes nonconforming as a result of any amendment of these regulations may only be modified as follows:

A. Except as otherwise provided herein, nonconforming structures may continue to exist and to be maintained and repaired.

B. Alterations or additions to a nonconforming structure may be made upon approval by the Planning Board and issuance of a building permit only to the extent that such alterations or additions do not significantly increase the impact of the nonconformity on adjoining lots, and only to the extent that any nonconforming use related to such structure is not significantly expanded. In general, and by way of illustration and not exclusion, an extension of a portion of a structure which maintains an existing nonconforming yard depth may be approved by the Planning Board, but an extension which further reduces an existing nonconforming yard depth may not be approved by the Planning Board.

C. Nonconforming structures may be repaired and restored to their former condition after damage by fire or other casualty loss, provided that the nonconformity shall not be increased, and that construction shall commence within one year of the casualty loss. After the expiration of this period, the structure may only be repaired or restored to a conforming condition.

D. A nonconforming use, if changed to a conforming use, and used or operated in a conforming manner for a period of 30 days or longer, shall not subsequently be changed back to a nonconforming use.

[Amended 5-9-2024 by L.L. No. 3-2024]

E. A nonconforming use of a structure shall generally not be changed to another nonconforming use. However, upon application, the Planning Board may grant a waiver for a change to a comparable or more restrictive use classification upon a finding by the Planning Board that the proposed nonconforming use will have a lesser impact on surrounding properties than the existing nonconforming use. In its determination, the Planning Board shall consider parking demand, pedestrian and vehicular traffic volume, intensity of use, hours of activity, noise levels, whether the existing nonconforming condition may have resulted from an amendment of these regulations, and any other factors it considers to be relevant under the circumstances. The Planning Board shall have absolute discretion in this matter, and nothing herein is intended to afford any special status or rights to a change from one nonconforming use to another nonconforming use. The Planning Board may elect to hold a public hearing on such a change.

F. Any nonconforming use of a structure or land which has ceased for a period of one year shall be deemed abandoned and may not be resumed, and thereafter such structure or land shall be used only in conformity with these regulations. The provisions of Subsection E, above, shall not be applicable with respect to an abandoned nonconforming use.

G. No modification of a structure, whether an addition or an internal renovation, which increases the floor area devoted to an otherwise conforming use shall be made if such modification introduces or increases the degree of nonconformity with respect to off-street parking requirements.

§ 180-34 Smoke shops, tobacco stores and vape shops.

[Added 11-9-2023 by L.L. No. 3-2023; amended 5-9-2024 by L.L. No. 2-2024]

A. The following regulations shall apply to the operation of all smoke shops, tobacco stores and vape shops:

(1) Smoke shops, tobacco stores and vape shop locations may only operate Monday through Saturday between the hours of 8:00 a.m. and 8:00 p.m.

(2) Where the use in a zoning district for retail store would require site plan approval by the Planning Board, approval by the Zoning Board of Appeals, a special use permit, or any other approval, such requirement or requirements shall also apply to smoke shops, tobacco stores and vape shops.

(3) It shall be unlawful for a smoke shop, tobacco store or vape shop to knowingly allow or permit a minor, not accompanied by his or her parent or legal guardian, to enter or remain within any smoke shop, tobacco store or vape shop.

(4) Smoke shops, tobacco stores and vape shops shall post clear signage stating that minors may not enter the premises unless accompanied by a parent or legal guardian. One said sign, measuring approximately 144 square inches, shall be placed in a conspicuous location near each public entrance to the smoke shop or tobacco store. It shall be unlawful for a smoke shop or tobacco store to fail to display and maintain, or fail to cause to be displayed or maintained, such signage.

(5) Attention-getting devices including, but not limited to, LED signs, flashing lights, flags, and banners which display or reference tobacco, tobacco paraphernalia, or tobacco products shall be prohibited outside of the structure. When such attention-getting device is located inside the structure, it shall not be readily visible from the public right-of-way.

(6) No smoke shop, tobacco store or vape shops shall include any activity as defined and regulated by the New York State Department of Health, Volume A (Title 10), Part 14 - Food Service Establishments

(7) No premises shall be used for the recreational sale or use of marijuana and related products, without all applicable licenses, and in strict compliance with any applicable governmental regulations.

B. Smoke shops, tobacco stores and vape shops shall be allowed within the Village subject to the following conditions:

(1) Smoke shops, tobacco stores and vape shops shall be a permitted use, only upon issuance of a special permit by the Zoning Board of Appeals, in, and only in, any zoning district of Chapter 180 of the Code of the Village of Morrisville that allows retail stores, not including home occupations, provided that:

(a) No smoke shop, tobacco store or vape shop shall be permitted within 1,500 feet of another smoke shop or tobacco store, regardless of the zoning district in which such existing use is located.

(b) No smoke shop, tobacco store or vape shop shall be permitted within 500 feet of a school, nursery school, daycare, playground, public library, municipal park, or other similar uses where children regularly gather.

(c) No smoke shop, tobacco store or vape shop shall be permitted within 500 feet of a single-family or two-family dwelling.

(d) No smoke shop, tobacco store or vape shop shall be permitted within 500 feet of a house of worship.

(2) Said distances shall be measured from property line to property line.

§ 180-35 Joint Zoning Board of Appeals/Planning Board.

[Added 10-10-2024 by L.L. No. 11-2024]

A. Administrative/general provisions.

(1) Establishment of Joint Board. The Village of Morrisville Joint Zoning Board of Appeals/Planning Board is hereby established in order that the objectives and competent administration of this chapter and Chapters 159 and 180 of the Code of the Village of Morrisville may be fully and equitably achieved.

(2) Appointment of members. The Village Board shall appoint seven members to the Joint Zoning Board of Appeals/Planning Board. The initial appointments to the Joint Board shall be such that the term of one member shall expire each consecutive year. Thereafter, members of the Joint Board shall be appointed by the Village Board for a term of seven years from and after the expiration of each initial term of office.

(3) Chairperson. The Village Board shall annually appoint one of the members of the Joint Zoning Board of Appeals/Planning Board to act as Chairperson to preside at all meetings and hearings, to supervise the affairs of the Joint Board and to fulfill the customary functions of that office.

(4) Secretary. A Secretary of the Joint Zoning Board of Appeals/Planning Board shall be designated by the Village Board on an annual basis. The Secretary shall keep minutes of all of the Joint Board's 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 all of the Joint Board's official actions.

B. Powers and duties. The Joint Zoning Board of Appeals/Planning Board shall be authorized to hear all land use, planning and zoning matters within the Village of Morrisville. The Joint Board shall have all of the power and authority of the previously constituted and comprised Zoning Board of Appeals and Planning Board as set forth in Chapters 28 and 180 of the Code of the Village of Morrisville, Village Law when considering all land use, planning and zoning matters.

C. Conflict with this chapter.

(1) To the extent any parts of this chapter or any other chapter of the Code of the Village of Morrisville are inconsistent with or conflict with any of the provisions of this section, the terms of this section shall control.

(2) Wherever the terms "Zoning Board of Appeals," "Zoning Board," or "Planning Board," appear in the Code of the Village of Morrisville, said terms shall hereafter mean and refer to the Joint Zoning Board of Appeals/Planning Board.