[Amended 5-26-1998 by L.L. No. 3-1998]
Except as hereafter provided:
A.
No building, structure or land shall hereafter be
used or occupied and no building, structure or part thereof shall
be erected, moved or altered unless in conformity with the regulations
herein specified for the district in which it is located.
B.
No part of a yard or other open space about any building
or structure required for the purpose of complying with the provisions
of this chapter shall be included as part of the yard or other open
space similarly required for another building or structure.
A.
R-1 Districts: One-Family Residential District. The
following regulations shall apply in all R-1 Districts:
(2)
Permitted accessory uses, located on the same lot
with the permitted principal use.
(a)
Private garage.
(b)
Customary home occupations or professional services
conducted by the resident only, provided that there is no external
evidence of such use except an announcement or professional sign not
over two square feet in area. Home occupations as hereinafter defined
are subject to the following rules:
[1]
Employment or participation of non-family members
within the dwelling unit shall not exceed one.
[2]
Students receiving instruction in the arts at
the same time shall not exceed two.
[3]
Children receiving home babysitting services
shall not exceed four at one time.
[4]
Administrative offices are permitted only where
conducted by resident occupants in a dwelling where no goods, wares
or merchandise are sold, displayed or exhibited.
[5]
The business use of vehicles exceeding the size
and/or weight of standard passenger vehicles (including van or suburban-type)
is prohibited.
[6]
The storage of heavy equipment, vehicles, machinery
and building materials is prohibited.
[7]
The business must clearly be subordinate to
the residential occupancy of the dwelling units.
[8]
A professional service office such as the office
of a resident physician, osteopath, chiropractor, dentist, musician,
lawyer, architect, engineer, certified public accountant, city planner
or landscape architect, if such office is a part of the residence
of the person, is permitted.
[10]
For purposes of this article, "external evidence"
of a customary home occupation or professional service shall be deemed
to include, without limitation, offensive odor, noise, vibration,
smoke, dust, heat or glare or other display or indication of the activity
visible beyond the lot lines of the property and shall also include
excessive deliveries. This prohibition shall not apply to outdoor
recreational activities incidental and necessary to any home occupation.
[11]
All permitted home occupation or professional services accessory uses identified in § 187-7 shall require a special permit before such use shall be conducted. The application shall be submitted by the owner of the subject property to the Planning Board and shall be reviewed in accordance with the procedures and standards set forth in § 187-41. As a condition of each special permit for customary home occupations or professional services, the owner shall allow an annual on-site fire inspection of the premises utilized for the accessory use.
[Added 9-11-2006 by L.L. No. 4-2006]
[12]
An accessory use may not exceed 25% of the total
floor area of a residence or 500 square feet, whichever is less.
[Added 9-11-2006 by L.L. No. 4-2006]
[13]
Customary home occupations and professional services existing in compliance with all applicable laws immediately prior to the effective date of Subsection A(2)(b)[11] and [12] above but which are not permitted as a matter of right by the terms of Subsection A(2)(b)[11] and [12] shall be deemed to be lawfully nonconforming in accordance with § 187-14 so long as any owner/operator of property with an existing use files with the Village Clerk within 18 months of the effective date of this Subsection A(2)(b)[13] a statement identifying the following:
[Added 9-11-2006 by L.L. No. 4-2006]
(c)
Storage shed.
[Added 10-12-1999 by L.L. No. 5-1999]
B.
R-2 Districts: One-Family Residential District. The
following regulations shall apply in all R-2 Districts:
C.
R-3 Districts: Multiple-Family Residential Districts.
The following regulations shall apply in all R-3 Districts:
(2)
Permitted accessory uses, located on the same lot
with the permitted principal use.
(a)
Private garage.
(b)
Customary home occupations or professional services as defined in Subsection A(2)(b)[1] through [10] of this section.
(c)
Storage shed.
[Added 10-12-1999 by L.L. No. 5-1999]
(3)
Uses permitted upon the issuance of a special permit.
[Amended 4-26-2010 by L.L. No. 2-2010]
(5)
Site plan approval is required for all construction
or conversion in an R-3 Multiple-Family Residential District.
(6)
Bed-and-breakfasts.
[Added 2-21-2017 by L.L.
No. 1-2017]
(a)
BED-AND-BREAKFAST
DWELLING
Definitions. As used in this subsection, the following terms
shall have the meanings indicated:
A dwelling in which rooms are rented to guests with no more
than one meal served daily, and the entire service, food and lodging
are to be included in one stated price.
A building containing one or more rooms with provision for
living, cooking, sanitary and sleeping facilities arranged for the
permanent occupancy of one family and used exclusively therefor.
(b)
Compliance with Uniform Code required; classification. All bed-and-breakfasts
shall comply with the applicable provisions of the New York State
Uniform Fire Prevention and Building Code and the rules and regulations
promulgated thereunder. All bed-and-breakfasts are, for the purpose
of such code and this chapter, classified as B-2 (transient occupancy)
for the purpose of construction, conversion and alteration under said
code, rules and regulations.
(c)
Application.
[1]
No bed-and-breakfast shall be established or operate within
the Village of Fayetteville without first obtaining an application
issued by the Code Enforcement Officer in accordance with the terms
and conditions of this chapter. The applicant will submit an application,
site plan and other supporting documentation to the Code Enforcement
Officer along with a nonrefundable application fee as established
from time to time by the Village Board of Trustees. The power to approve,
approve with conditions or deny the application and site plan as required
by this chapter is vested in the Code Enforcement Officer after review
and approval thereof by the Village Planning Board.
[2]
Upon receipt of the application, site plan and application fee, the Code Enforcement Officer shall examine and review same to determine that it is complete, adequate in all respects and complies with the conditions of this chapter. After he has reviewed the application, site plan and other supporting documentation and determined same to be complete in all respects, he shall refer same to the Planning Board for its review and action. The application and site plan shall be submitted and processed in accordance with Chapter 139 of the Village Code.
[3]
The Planning Board may require such additional or supportive
information as it deems necessary for a complete assessment of the
proposed bed-and-breakfast so as to ensure its compatibility with
existing and permitted building and land uses adjacent to the site
and in close proximity thereto.
(d)
Conditions.
[1]
The owner of the bed-and-breakfast must reside in and continue
to reside in the dwelling as his/her/their principal residence. The
owner will provide a sworn statement certifying to such residency
upon request of the Code Enforcement Officer.
[2]
The parcel improved by the bed-and-breakfast shall provide or
establish off-street parking spaces for the members of the owner's
family residing in the dwelling unit as well as at least one parking
space per room or unit let. Further, said parking spaces shall not
be established or permitted in the front yard of the site and shall
be located or screened from view so as to provide no variation from
the residential character of the site.
[3]
Each bed-and-breakfast shall be established, maintained and
operated so as to preserve and compliment the residential character
and integrity of the surrounding area when the facility is established
in a residential district as provided for in the Village Zoning Code.
[4]
The number of paying guests accommodated per night shall not
exceed eight. Further, no guest shall stay for a period of time in
excess of 30 consecutive days.
[5]
Each bedroom occupied by a paying guest shall be equipped with
a hard-wired, inter-connected, smoke and carbon monoxide detector.
[Amended 5-14-2018 by L.L. No. 2-2018]
[6]
The Code Enforcement Officer shall be given such access to the
dwelling as he deems necessary from time to time for the purpose of
making inspections to ensure compliance with all federal, state and
local codes, rules and regulations, including the New York State Uniform
Fire Prevention and Building Code. Such inspections may be made with
or without prior notice thereof.
[7]
A single exterior sign or display may be established on the
site of the bed-and-breakfast. Said sign or display shall not exceed
two square feet in area.
[8]
The Planning Board shall have the right to impose and include
much other and additional conditions as it may deem necessary to effectuate
the purpose of this chapter.
[9]
The owner shall not make any change, deviation, modification
or variation from the application and site plan once the same is approved
by the Planning Board.
(e)
Repealer. Any provision of the Fayetteville Village Zoning Code
or the local laws of the Village of Fayetteville which are in conflict
with or inconsistent with this subsection shall be deemed repealed
to the extent of such inconsistency on the effective date of this
chapter.
D.
R-4 Districts: Multiple-Family Residential Districts.
The following regulations shall apply in all R-4 Districts:
(2)
Permitted accessory uses, located on the same lot
with the permitted principal use:
(a)
Private garage.
(b)
Customary home occupations or professional services as defined in Subsection A(2)(b)[1] through [10] of this section.
(c)
Storage shed.
[Added 10-12-1999 by L.L. No. 5-1999]
(3)
Uses permitted upon the issuance of a special permit.
(a)
Parks and playgrounds.
(b)
Antennas over 10 feet in height or receiving
dishes or antennas.
(c)
Group residence "B."
(d)
Nursing/convalescent home.
(e)
Commercial residences "A" and "B."
(f)
Private and public nursery, day-are centers,
schools and public libraries.
(g)
Churches and similar places of worship, parish
houses, religious education buildings, convents, monasteries.
(5)
Site plan approval is required for all construction
or conversion in an R-4 Multiple-Family Residential District.
E.
R-B Districts: Residential-Business Districts. This
district is to allow a limited range of business uses within a residentially
compatible setting. Redevelopment of existing structures shall be
allowed and new construction, when consistent with residential character,
shall be allowed. The following regulations shall apply in all R-B
Districts:
[Added 7-22-1991 by L.L. No. 4-1991[5]]
(2)
Permitted accessory uses, located on the same lot
with the permitted principal use.
[Added 10-12-1999 by L.L. No. 5-1999[6]]
(a)
Private garage.
(b)
Customary home occupations or professional services as defined in Subsection A(2)(b)[1] through [10] of this section.
(c)
Storage shed.
[6]
Editor's Note: This local law also provided
for the redesignation of former Subsections E(2) through (7) as E(3)
through (8).
(7)
Site plan approval is required for all construction
or conversion other than one and two-family dwellings in a Residential-Business
District.
(8)
Supplemental design standards for the Residential
Business District.
(a)
Application. The following standards shall be applied to all uses and structures subject to either site plan review by the Planning Board or special permit review. These standards shall be applied in addition to the standards enumerated in §§ 187-41 and 187-42. In the event of conflict, the reviewing board shall determine which standard is most appropriate for the specific site and the circumstances of the area.
(b)
Building scale and streetscape. The size, location
and shape of any new structure or modification to an existing structure
should be consistent with the existing streetscape formed by the structures
within this district and to the structures in the abutting residential
districts.
(c)
Exterior materials. Cinder block, sheet metal,
preformed concrete or similar materials commonly used for exterior
surfaces on commercial structures should not be used except in a manner
consistent with residential construction. Use of these materials shall
be kept to the minimum amount necessary.
(d)
Pavement and landscaping. Use and design of
both man-made and natural materials for walks, outdoor activity areas
and decorative areas should be compatible with the treatment of nearby
residential properties. Front and side lawn areas should be maintained
and rear yard landscaping should effectively screen parking areas
from view of abutting residential properties.
(e)
Lighting. Residential styles and intensities
of lighting shall be utilized on the site and for light emanating
from windows with exposure to the public right-of-way.
(f)
Parking.
[1]
Front yard parking is prohibited; all on-site
parking shall be limited to the side and rear portions of a site.
[2]
On-street and off-street parking may be allowed
depending on safety considerations, on parking availability and whether
provision of the full amount of required parking on-site would adversely
effect the residential character of the property.
[5]
Editor's Note: This local law also repealed
former Subsection E, B-1 Districts: Controlled Business Districts.
F.
L Districts: Limestone Plaza Zone District. This district
is intended to promote and encourage the continued use of the nineteenth
century commercial core of the Village and to ensure that redevelopment
activities are compatible to the existing building patterns. The following
regulations shall apply in all L Districts:
[Added 7-22-1991 by L.L. No. 4-1991[8]]
(5)
Site plan approval is required for all construction
or conversion in a Limestone Plaza District.
(6)
Supplemental design standards for the Limestone Plaza
Zone District.
(a)
Application. The following standards shall be applied to all uses and structures subject to either site plan review or special permit review by the Planning Board. These standards shall be applied in addition to the standards enumerated in §§ 187-41 and 187-42. In the event of conflict, the reviewing board shall determine which standard is most appropriate for the specific site and the circumstances of the area.
(b)
Building scale and streetscape. The size, location
and shape of any new structure or modification to an existing structure
shall be consistent with the existing streetscape formed by the structures
within this district. Opaque fences shall be added as necessary to
prevent gaps in the streetscape.
(c)
Exterior materials. Building materials should
be comparable to the materials used on the existing structures within
the district. Modern materials may be used on the rear and side portions
of structures that are not exposed to the public right-of-way or view
from adjoining properties.
(d)
Pavement and landscaping.
[1]
The front yard area of each site shall be paved
to provide for pedestrian movements between properties. Paving materials
shall be consistent with the material used on the adjoining properties
or, if in a portion of the public right-of-way, shall be subject to
the approval of the Village Board of Trustees.
[2]
Landscaping and decorative treatments may be
placed in the front yard area, provided that pedestrian movements
between sites and parking areas is not impeded.
(e)
Lighting. Lighting and associated equipment
should be appropriate to the character of the structure and not glare
upon the sidewalk or adjoining properties.
(f)
Parking. Front yard parking is prohibited; all
on-site parking shall be limited to the side and rear portions of
a site. On-site parking shall not be required except when a site is
found to have sufficient land area, safe vehicular access and the
parking area will not adversely affect the uniformity of the existing
streetscape.
(g)
Advisory review. The Historic Review Commission shall provide an advisory review and comments on all proposals within this zone. In the event of a conflict between the provisions of this section and the provisions of Article VIII of this chapter with respect to design review or building materials to be used for structures which are also in an HP District, the more restrictive requirements shall apply.
[8]
Editor's Note: This local law also repealed
former Subsection F, B-2 Districts: General Business Districts.
G.
TB Districts: Traditional Business District. The purpose
of this district is to provide for a variety of business, residential
and community uses in a relatively dense setting that maintains and
enhances typical building development and pedestrian and vehicular
circulation patterns characteristic to a Village core. The following
regulations shall apply in all TB Districts:
[Added 7-22-1991 by L.L. No. 4-1991[10]]
(5)
Site plan approval is required for all construction
or conversion in a Traditional Business District.
(6)
Supplemental design standards for the Traditional
Business District.
(a)
Application. The following standards shall be applied to all uses and structures subject to either site plan review or special permit review by the Planning Board. These standards shall be applied in addition to the standards enumerated in §§ 187-41 and 187-42. In the event of conflict, the reviewing board shall determine which standard is most appropriate for the specific site and the circumstances of the area.
(b)
Building scale and streetscape. The size, location
and shape of any new structure or modification to an existing structure
should be consistent with the existing streetscape formed by the structures
within this district. To the extent practical, buildings or modifications
shall be comparable to the height, width and setback of adjoining
properties, provided that there is adequate pedestrian space, vehicular
access and provision for fire safety.
(c)
Exterior materials. Building materials should
be comparable to or modern substitutes for the materials used on the
existing structures within the district. Modern materials may be used
on the rear and side portions of structures that are not exposed to
the public right-of-way.
(d)
Pavement and landscaping.
[1]
Sufficient paved areas shall be provided for
pedestrian movements between properties. Paving materials shall be
consistent with the material used on the adjoining properties or,
if in a portion of the public right-of-way, shall be subject to the
approval of the Village Board of Trustees.
[2]
Landscaping and decorative treatments may be
placed in the front yard area, provided that pedestrian movement between
sites and parking areas is not impeded.
(e)
Lighting. No exterior lighting shall be directed
to cause glare upon sidewalks or areas regularly used for pedestrian
movement.
(f)
Parking. Front yard parking is prohibited; all
on-site parking shall be limited to the side and rear portions of
a site. On-site parking shall be required except when a site is found
to have insufficient land area or unsafe vehicular and/or pedestrian
access.
H.
CB Districts: Contemporary Business Districts. The
purpose of this district is to provide for contemporary business activities
and community uses generally dependent upon access to and visibility
from major roads. These uses and activities shall be designed to minimize
impacts upon surrounding properties and upon the safe and efficient
movement of traffic. A full range of amenities such as parking, buffering
and screening shall be provided within each site and incorporated
in the site development in an aesthetically pleasing manner as possible
and practical.
[Added 7-22-1991 by L.L. No. 4-1991[12]]
(1)
Permitted uses upon issuance of a site plan approval
by the Planning Board.
(5)
Site plan approval is required for all construction
or conversion in a Contemporary Business District.
(6)
Supplemental design standards for the Contemporary
Business District.
(a)
Application. The following standards shall be applied to all uses and structures subject to either site plan review or special permit review by the Planning Board. These standards shall be applied in addition to the standards enumerated in §§ 187-41 and 187-42. In the event of conflict, the reviewing board shall determine which standard is most appropriate for the specific site and the circumstances of the area.
(b)
Building scale and streetscape. The size, location
and shape of any new structure or modification to an existing structure
should be consistent with the existing streetscape formed by the structures
within this district.
(c)
Exterior materials. Modern building materials
may be used all portions of structures.
(d)
Pavement and landscaping.
[1]
The front yard area of each site shall be paved
to provide for pedestrian movements between properties. Paving materials
shall be consistent with the material used on the adjoining properties
or, if in a portion of the public right-of-way, shall be subject to
the approval of the Village Board of Trustees.
[2]
Limited landscaping and decorative treatments
may be placed in the front yard area, provided that pedestrian or
vehicular movements between sites and parking areas is not impeded.
(e)
Lighting. No exterior lighting shall be directed
to cause glare upon pedestrian areas, public rights-of-way or adjoining
properties.
(f)
Parking. All parking shall be provided on-site
or within an adjacent shared parking area. Limited front yard parking
is permitted, provided that it does not impede pedestrian movements
on sidewalks between properties and the parking area is landscaped
with raised curbing and plantings.
I.
I District: Industrial Districts. The following regulations
shall apply in all I Industrial Districts:
[Amended 2-22-1993 by L.L. No. 3-1993]
(1)
Uses permitted upon issuance of special permit and
site plan approval.
(a)
All principal and accessory uses permitted in
TB and CB Districts, except residential uses.
(b)
Industrial uses employing electric power or
utilizing hand labor for fabrication or assembly and which cause or
omit no objectionable odors, fumes, dirt, vibration, glare, electrical
interference or noise beyond the immediate site of the building or
buildings in which such uses are conducted, which would not be considered
reasonably objectionable or disturbing to surrounding residential
uses.
(c)
Warehousing facilities.
(d)
Wholesale business.
(2)
Uses prohibited.
(a)
Acetylene gas manufacture or storage; ammonia,
bleaching powder or chlorine manufacture; asphalt manufacture or refining.
(b)
Celluloid manufacture, treatment or storage.
(c)
Fertilizer manufacture and bone grinding; slaughterhouse;
fireworks or explosive manufacture or storage.
(d)
Gasoline, naphtha or petroleum refining or bulk
storage and storage and/or refining and conversion of hazardous waste.
(e)
Junk, scrap metal, automobile salvage and similar
uses.
(f)
Rubber reclaiming plants, smelters or blast
furnaces; tanning, curing or storage of rawhides or skins; coke oven.
(4)
Site plan approval is required for all construction
or conversion in an Industrial District.
(5)
Buffer zone.
(a)
Wherever an I District is located adjacent to
any Residential District, a buffer setback at least 30 feet in width
must be provided on those lands in the I District along the full length
of the adjacency.
(b)
The buffer zone may be concurrent with side
and rear yard setbacks.
(c)
No parking or other improvements shall be permitted
in the buffer zone.
J.
PRD District: Planned Residential Development District.
The following regulations shall apply in the PRD Planned Residential
District:
(1)
General requirements for Planned Residential Development
Districts.
(a)
Intent.
[1]
It is the intent of this Planned Residential
Development (PRD) District to develop flexible land use and design
regulations through the use of performance criteria so that small-to-large-scale
neighborhoods or portions thereof may be developed within the Village
that incorporate residential land uses and contain both individual
building sites and common property which are planned and developed
as a unit.
[2]
This article recognizes that while the standard
zoning function (use and bulk) and the subdivision function (planting
and design) are appropriate for the regulation of land use and areas
or neighborhoods that are already substantially developed, these controls
represent a type of preregulation, regulatory rigidity and uniformity
which may be inimical to the techniques of land development contained
in the planned residential concept. Further, this subsection recognizes
that a rigid set of space requirements along with bulk specifications
would frustrate the application of this concept. Thus, where PRD techniques
are deemed appropriate through rezoning of land through to a Planned
Residential Development District by the Village Board, the set of
use and dimensional specifications elsewhere in this chapter is herein
replaced by an approval in which an approved plan becomes the basis
for continuing land use controls.
(b)
Minimum area. Under normal circumstances, the
minimum area required to qualify for a Planned Residential Development
District shall be 50 contiguous acres of land. Where it can be demonstrated
that the characteristics of the holdings will meet the objectives
of a planned development, the Village Board may consider projects
with less acreage.
(c)
Ownership. The tract of land for a project may
be owned, leased or controlled either by a single person or corporation
or by a group of individuals or corporations. An application must
be filed by the owner or jointly by owners of all property included
in a project. In the case of multiple ownership, the approved plan
shall be binding on all owners or their successors in title and interest.
(d)
Permitted uses. All uses within an area designated
as a PRD District are determined by the provisions of this subsection
and the approved plan of the project concerned.
[1]
Residential uses. Residences must be either
single-family detached dwelling units, townhouses or cluster units.
[2]
Customary accessory or associated uses, such
as private garages, storage sheds, storage spaces, recreational and
community structures and facilities, churches, schools, parks, and
playgrounds, shall be permitted as appropriate to the PRD.
[Amended 10-12-1999 by L.L. No. 5-1999]
(e)
Height limit. The maximum height for any building
or structure as measured from ground level at any point of measurement
around the building or structure shall be 35 feet.
[Amended 6-22-2015 by L.L. No. 2-2015]
(f)
Required lot area (density). Single-family detached
dwelling unit lot area shall not be less than 30,000 square feet.
Attached dwellings or townhouses shall not be more than four to the
developable acre.
(g)
Percentage of lot coverage. All buildings, including
accessory buildings, shall not cover more than 30% of the acre of
the lot.
(h)
Yards. The minimum setbacks required for the
front, side and rear yards for each lot shall be established by the
Village Board of Trustees at the time it creates the PRD District.
The following guidelines are provided for reference in evaluating
proposed setbacks in PRD Districts:
[Amended 6-22-2015 by L.L. No. 2-2015]
(i)
Minimum lot width. The minimum lot width shall
be established by the Board of Trustees at the time it creates the
PRD District. A guideline of 120 feet shall be utilized as a reference
in evaluating a proposed plan.
[Amended 6-22-2015 by L.L. No. 2-2015]
(j)
Off-street parking. At least two parking spaces
shall be provided for each dwelling unit.
(l)
Open space requirements. Dedication or reservation
of usable land for public open space shall be required for all subdivisions
and planned residential developments. A minimum of 20% of the gross
area of subdivisions and planned residential developments shall be
dedicated for developed open space primarily for the use of residents
within the subdivision or the planned residential development.
K.
O District: Open Lands. This district represents lands
so located as to be subject to flooding conditions or other special
ecological considerations and shall have no structures of a permanent
nature erected thereon. [17]
L.
P Districts: Public or Municipal Lands. This district
represents those lands located within the Village and owned by the
Village or another municipality for municipal or park purposes as
may be designated on the Zoning Map.
[Amended 7-22-1991 by L.L. No. 4-1991[18]]
M.
Planned Unit Development Districts (PUDs). The purpose of a Planned
Unit Development District is to permit establishment of areas in which
diverse uses may be brought together in a compatible and unified plan
of development which shall be in the interest of the general welfare
of the public. A PUD District may permit the combination of residential
and nonresidential uses in a single district where that combination
enhances the general welfare of the community. The PUD is intended
to promote site design and land use flexibility not feasible in other
zoning districts, such as where a project combines multiple uses that
could not permissibly coexist in any other single zoning district.
A PUD is proper where the uses proposed will not be detrimental to
present and potential surrounding uses, but will have a beneficial
effect that could not be achieved under any other district. In Planned
Unit Development Districts, land and structures may be used for any
lawful purpose in accordance with the provisions set forth herein.
[Added 5-13-2013 by L.L.
No. 5-2013]
(1)
Objectives. In order to carry out the purpose of this section, planned
unit developments (PUDs) shall promote and accomplish the following
objectives:
(a)
Provide a choice of environments, housing types, lot sizes and
community facilities available within a planned neighborhood;
(b)
Provide usable open space and recreation areas, and conserve
natural resources and outstanding landscape features;
(c)
Provide for conveniently located accessory commercial and service
areas;
(d)
Allow orderly transition of uses through creative development
of land and related infrastructure;
(e)
Utilize land efficiently by creating less extensive networks
of utilities and streets;
(f)
Create a land use and development pattern consistent with the
goals, objectives and policies of the Village Comprehensive Plan;
(g)
Create more desirable living, shopping and working environments
than would be possible without applying the provisions of this section.
(2)
General requirements.
(a)
No area of less than three contiguous acres may be zoned as
a PUD District, unless the Village Board specifically waives this
requirement and states its reasons for doing so upon the creation
of the PUD District.
(b)
The entire area of the proposed PUD District shall be owned
or controlled by the same entity, or by multiple property owners filing
a joint application for establishment of the proposed PUD District,
at the time of zone change. The approved PUD plan shall be binding
on all owners and future owners and tenants.
(c)
The allowed uses and respective areas for the allowed uses shall
be determined by the Village Board, following recommendation from
the Planning Board, upon creation of the district.
(d)
The density of allowed uses shall be determined by the Village
Board, following recommendation from the Planning Board, upon creation
of the district.
(e)
Dimensional requirements for the district shall be as determined
and specified by the Planning Board upon site plan approval.
(f)
Signage for the district shall be as determined and specified
by the Planning Board upon site plan approval.
(3)
Application and approval procedure.
(a)
Pre-application conference. The applicant shall meet informally
with the Code Enforcement Officer, the Planning Board Chairperson
or a designated member of the Planning Board, and the Mayor or a designated
Village Trustee, to discuss the appropriateness of a proposed PUD
and any items that should be addressed with the preparation of the
PUD application.
(b)
Application. All applications for a zone change to a PUD District
shall be initiated by submitting an application form, application
fee, and sketch plan to the Village Board. The sketch plan shall demonstrate
the proposed district boundary and the boundaries of the use areas
within the district, indicating for each such use its general extent,
size and composition. The Village Board shall have discretion to accept
or decline the application.
(c)
PUD plan. If the Village Board accepts an application, such
application shall be referred to the Planning Board for its review.
In order to allow the Planning Board and the developer to reach an
understanding on basic design requirements prior to detailed design
investment, the applicant shall submit a PUD plan of the proposal
to the Planning Board. The PUD plan shall be approximately to scale,
although it need not be to the precision of a finished engineering
drawing, and it shall clearly show the following information, at a
minimum:
[1]
Delineation of the proposed district boundary and the boundaries
of the use areas within the district, indicating for each such use
its general extent, size and composition;
[2]
The general outlines of the interior roadway system and all
existing and proposed rights-of-way and easements, whether public
or private;
[3]
The general pedestrian circulation plan, to prioritize pedestrian
safety over vehicular movement and parking;
[4]
The interior open space system, if any;
[5]
The overall drainage system, including existing and proposed
easements;
[6]
If grades exceed 3%, or portions of the site have soils which
have a moderate to high susceptibility to erosion or a moderate to
high susceptibility to flooding and ponding, a topographic map with
contours at intervals of not more than five feet of elevation shall
be provided along with an overlay portraying the above susceptible
soil areas;
[7]
Principal ties to the community at large with respect to transportation,
water supply, and sewage disposal;
[8]
A location map showing zoning and ownership of abutting lands;
[9]
Any proposed subdivision of the property into smaller parcels
for sale to individual owners; and
[10]
Delineation of any areas of natural or historical significance.
(d)
Additional documentation. The following documentation shall
accompany the PUD plan unless waived by the Planning Board:
[1]
A completed long-form environmental assessment form (EAF) and
other environmental information as may be required by the Planning
Board pursuant to the New York State Environmental Quality Review
Act (SEQR);
[2]
Evidence of the existing and future community demand for proposed
uses;
[3]
Evidence that the proposal is compatible with the Village's
Comprehensive Plan;
[4]
General statement as to how existing and proposed open and common
space is to be maintained and used;
[5]
If the development is to be phased or sectioned, a general indication
of how the phasing or sectioning is to proceed and a preliminary schedule.
Whether or not the development is to be phased or sectioned, the PUD
plan shall show the entire project;
[6]
A statement regarding the availability of water supply and sewage
disposal;
[7]
A general description of the public safety services which will
be required and whether such services are presently available;
[8]
Evidence demonstrating the applicant's competence to carry out
the plan;
[9]
A statement of the proposed allowed uses and the respective
areas for the allowed uses, as well as the proposed density of the
allowed uses; and
[10]
Any other information reasonably required by the Planning Board.
(e)
Planning Board review of the PUD plan. The Planning Board shall
review the PUD plan and its accompanying documents and shall make
a recommendation to the Village Board, within such time as the Planning
Board deems adequate. The Planning Board may call upon any Village
department or officials and any other public agencies or private consultants
that it feels are necessary to provide a sound review of the proposal,
the reasonable cost of which, if any, shall be borne by the applicant.
The Planning Board shall refer the PUD plan to the Fayetteville Fire
Department and SOCPA, and the Planning Board shall consider each organization's
comments, if any, before making its recommendation to the Village
Board. The following matters shall be addressed in the Planning Board's
referral report to the Village Board:
[1]
The consistency of the plan with the Village Comprehensive Plan;
[2]
The consistency of the plan with the purposes and objectives
of a PUD District;
[3]
Whether the plan meets all of the applicable general requirements
of this section;
[4]
Whether the plan is conceptually sound in that it meets local
and area-wide needs and conforms to accepted design principles in
the proposed functional roadway system, land use configuration, open
space system, pedestrian system and drainage system;
[5]
Whether there are adequate services and utilities available
or proposed to be made available for the site;
[6]
Whether the proposed phasing or sectioning, if any, is feasible
and appropriate to the purposes and circumstances of the project.
The Planning Board shall consider whether the phasing or sectioning
proposed will have an adverse impact upon the completion of the entire
project or a negative impact in the event that the entire project
is not completed as contemplated.
(f)
Village Board action. If the Planning Board recommends denial
of the application for a PUD District, the application shall be denied.
If the Planning Board recommends approval of the application for a
PUD District (with or without conditions or modifications to the PUD
plan), the Village Board shall consider whether to approve the application.
(g)
Village Board approval.
[1]
Before voting on whether to approve a PUD plan and thereby to establish a PUD District, the Village Board shall complete all procedures required under SEQR and shall hold a public hearing in accordance with § 187-35 of the Village Code.
[2]
Following the public hearing, the Village Board shall, by resolution,
approve or disapprove the proposed PUD plan as presented or modified,
with or without conditions as necessary to fully protect the health,
safety, and welfare of the community. If the PUD plan is approved,
the resolution shall set forth the time, from site plan approval by
the Planning Board, within which the applicant must complete the development
and/or the periods of time in which phased development must be completed
and new phases commenced.
[3]
A resolution approving a PUD plan shall state the allowed uses
and the areas for those allowed uses, as well as the density of the
allowed uses.
[4]
As a condition of approval, the Village Board may require the
posting of adequate performance guaranties to ensure the completion
of the project and the installation of all site improvements. Such
performance guaranties shall be in an amount established by the Village
Board and deemed sufficient by the Village Board to cover the cost
of all such improvements as estimated by the Village Board, and should
include an agreed-upon schedule for the completion of the improvements,
and shall be in a form satisfactory to the Village Attorney.
[5]
If the Village Board grants the zone change, the Zoning Map
shall be so amended. No permits or other approvals will be issued
until site plan approval has been granted by the Planning Board.
(h)
Site plan approval.
(i)
Subdivisions in a PUD District. If part of the proposed PUD
involves the subdivision of land into smaller parcels for sale to
individual owners, the procedures required for approval of the PUD
plan and site plan shall suffice for compliance with the Village subdivision
regulations. In such case, the developer shall prepare a subdivision
plat suitable for signature by the Planning Board Chairman and filing
with the County Clerk following site plan approval.
(j)
Failure to comply with PUD plan or to commence or complete construction.
If the PUD applicant or subsequent owner fails to develop the site
in accordance with the approved PUD plan and site plan, or if the
applicant or subsequent owner fails to develop the site in accordance
with the approved timetable for development, including compliance
with any specified time for commencing and/or completing any phase
of construction after the granting of site plan approval and/or issuance
of a building permit, the PUD District shall become null and void,
and the property shall revert to the prior zoning classification(s),
unless the Village Board passes a resolution providing otherwise.
(k)
Amendments to approved PUD plan. An approved PUD plan may be
amended only by resolution of the Village Board following a positive
recommendation from the Planning Board. For the purposes of regulating
development and use of property after initial construction and occupancy,
all changes to a PUD plan, including but not limited to changes in
use, shall be processed as special use permit requests to and decision
by the Planning Board for recommendation to the Village Board. Properties
in a PUD District are unique and shall be so considered by the Planning
Board and Village Board when evaluating these requests, and maintenance
of the intent and function of the PUD District shall be of primary
importance.
