A.
The Village's special purpose districts are listed in Table 250-32
below. When this zoning law refers to special purpose districts it
is referring to one of the following:
|
Table 250-32
| |
|---|---|
|
District Name
|
Abbreviation and Map Symbol
|
|
Recreation/Education
|
RE
|
|
Floodplain Overlay
|
FO
|
B.
The special purpose district names and map symbols are intended to
provide a general indication of what is allowed in the district by
denoting the intensity, scale, and/or type of uses permitted.
A.
Purpose. The purpose of the RE District is to provide for the preservation
and enhancement of the Village's open spaces, recreation areas, and
education facilities. The intent of this district is to protect natural
amenities and prevent development that would negatively impact environmentally
sensitive areas, while also providing for public parks, playgrounds,
athletic fields, and educational institutions in conformance with
the Village's adopted Comprehensive Plan. The RE District may apply
to uses including, but not limited to, private and publicly owned
or accessible parks, squares, recreational areas, natural wildlife
areas, creeks or streams, and schools.
B.
District uses. Uses are allowed in the RE District in accordance
with Table 250-33(B).
(1)
Uses identified with a "P" in the table are permitted as-of-right
in the zoning district, subject to compliance with all other applicable
standards of this zoning law.
(2)
Uses identified with a "SP" in the table may be allowed if reviewed and approved in accordance with the special use permit procedures contained in Article XVII.
(3)
Uses not listed and those identified with a "-" are expressly prohibited.
|
Table 250-33(B)
Uses by Zoning District
| ||
|---|---|---|
|
Use
|
RE
| |
|
1.
|
Amphitheater, band shell, or outdoor theater, not including
drive-in
|
SP
|
|
2.
|
Botanical garden, arboretum, or conservatory
|
P
|
|
3.
|
Campground
|
SP
|
|
4.
|
Cemetery
|
P
|
|
5.
|
Concession sales or retail operation, as accessory use
|
SP
|
|
6.
|
Cultural facility, museum, or observatory
|
SP
|
|
7.
|
Library or learning center
|
P
|
|
8.
|
Municipal structure or use
|
P
|
|
9.
|
Natural wildlife or open space area
|
P
|
|
10.
|
Off-street parking area
|
SP
|
|
11.
|
Park or playground
|
P
|
|
12.
|
Public utility
|
SP
|
|
13.
|
Recreation facility, indoor
|
SP
|
|
14.
|
Recreation facility, outdoor
|
P
|
|
15.
|
School, occupational or skill training
|
P
|
|
16.
|
School, public or private
|
P
|
|
17.
|
Nonresidential accessory structure or use*
|
P
|
|
*
|
Indicates that additional requirements for such use may be found in Article VIII, Additional Use Regulations, of this chapter.
|
C.
Lot and building requirements. The lot and building requirements
listed in Table 250-33(C) shall apply to the RE District.
|
Table 250-33(C)
Lot and Building Requirements
| ||
|---|---|---|
|
Requirement
|
RE
| |
|
A.
|
Minimum lot size
|
1 acre
|
|
B.
|
Minimum lot width
|
100 feet
|
|
C.
|
Minimum front yard
|
35 feet
|
|
D.
|
Minimum side yard
|
30 feet
|
|
E.
|
Minimum rear yard
|
30 feet
|
|
F.
|
Maximum building height
|
25 feet
|
|
G.
|
Maximum lot coverage
|
15%
|
A.
Purpose. The purpose of the Floodplain Overlay (FO) District is to
provide special controls over land development located in sensitive
environmental areas characterized by wetlands, floodplains, and watercourses.
Certain areas of the Village are subject to periodic flooding that
can result in loss of life, property damage, health and safety hazards,
disruption of commercial and governmental services, extraordinary
public expenditure for flood protection and relief and impairment
of the tax base, all of which adversely affect the public health,
safety and general welfare of the residents of this Village. These
flood losses are caused by the cumulative effect of obstructions in
the floodplain causing increases in flood heights and velocities and
by the occupancy in flood hazard areas by uses that are inadequately
elevated, floodproofed or otherwise protected from flood damage. It
is the purpose of the FO District to prevent public and private losses
due to flood conditions in certain areas by provisions designed to:
(1)
Protect the health, safety and welfare of the residents of the Village;
(2)
Minimize public expenditure for flood-control projects;
(3)
Minimize the need for relief and rescue efforts;
(4)
Minimize prolonged business interruptions;
(5)
Minimize damage to public facilities and utilities;
(6)
Help maintain a stable tax base by minimizing flood damage to private
and commercial property; and
(7)
Identify those structures and properties that are located in areas
of special flood hazard and maintain such information for public inspection.
B.
Official maps.
(1)
The official set of maps delineating all significant environmental
features within the Village shall be known and may be cited as the
"Official Village of Churchville FO Maps" and shall include, with
latest revisions, the official wetland maps for the Village, prepared
by the New York State Department of Environmental Conservation (NYSDEC),
and the official Flood Insurance Rate Maps (FIRM) for the Village,
prepared by the Federal Emergency Management Agency (FEMA). Additionally,
all areas further identified by the Federal Insurance Administration
in the latest version of its report entitled "The Flood Insurance
Study for the Village of Churchville, New York" shall be included
in the FO District with accompanying Flood Insurance Rate Map and
Flood Hazard Boundary Map.
(2)
The aforementioned maps and reports shall be used for reference purposes
and not be used to delineate specific or exact boundaries of the various
overlay districts. Field investigations and/or other environmental
analyses may be required in order to determine whether or not a particular
piece of property is included within the Floodplain Overlay District.
C.
Interpretation of district boundaries; applicability of regulations.
(1)
The CEO shall be responsible for interpreting Floodplain Overlay
District boundaries based on the review and interpretation of the
Official Village of Churchville FO District Maps. The CEO may request
the assistance of the Village Engineer, County Engineer or other appropriate
department or agency in making such a determination.
(2)
Where the Floodplain Overlay District superimposes a primary zoning
district delineated on the Village of Churchville Zoning Map, the
requirements of the Floodplain Overlay District shall be met in addition
to the requirements specified for development in the respective primary
zoning district.
D.
Permit application procedures.
(1)
An FO District development permit shall be required prior to the
commencement of any regulated activity or the issuance of any building
permit for regulated development in the Floodplain Overlay District
within the Village of Churchville.
(2)
The following activities are exempt from the permit procedures of
this section, subject to the CEO's determination that such activities
involve necessary normal maintenance and upkeep of property, and/or
are clearly incidental to the primary use on the property, and/or
involve public health, safety, or emergency situations:
(a)
Lawn care and maintenance.
(b)
Gardening activities.
(c)
Tree and shrub care and maintenance.
(d)
Removal of dead or deteriorating vegetation.
(e)
Removal of structures.
(f)
Repair and maintenance of structures.
(g)
Repair and maintenance of faulty or deteriorating sewage facilities
or utility lines.
(h)
Reconstruction of structures damaged by a natural disaster.
(i)
Customary agricultural activities, except structural activities.
(j)
Public health activities, orders and regulations of the New
York State Department of Health, Monroe County Department of Health,
or other agency, undertaken in compliance with the New York State
Environmental Conservation Law.
(k)
Activities subject to the review jurisdiction of the New York State Public Service Commission or the New York State Board on Electric Generation Siting and the Environment, under the provisions of Article VII of the New York State Public Service Law.
(l)
Any actual or ongoing emergency activity that is immediately
necessary for the protection and preservation of life, property or
natural resource values.
(3)
Applications for FO District development permits shall be made in
writing to the CEO on forms made available by the Village Clerk. Such
an application shall be made by the property owner or their agent
and shall be accompanied by any materials or information deemed appropriate
by the CEO, Village Engineer, or consulting engineer, including but
not limited to a scaled (one inch equals 50 feet or one inch equals
100 feet) site plan prepared and certified by a licensed engineer
or land surveyor that contains the following minimum information:
(a)
A location plan and boundary line survey of the property;
(b)
The location of all Floodplain Overlay District boundaries,
designated Village open space, and any publicly owned parkland.
(c)
The location of all existing and proposed buildings, structures,
utility lines, sewers, water and storm drains on the property or within
200 feet of the proposed work site.
(d)
The location of all existing and proposed impervious surfaces
such as driveways, sidewalks, etc., on the property or within 200
feet of the proposed work site.
(e)
Existing and proposed contour levels at one-foot intervals for
the property, unless such property is located within a steep slope
protection district whereby contour levels may be shown at two-foot
intervals.
(f)
The location and types of all existing and proposed vegetation
and shrub masses, as well as all trees with a diameter of six inches
or more within and/or adjacent to the property.
(g)
The location of all existing and proposed drainage patterns,
drainageways, swales, etc. within and/or adjacent to the property.
(4)
Each application for an FO District development permit shall be accompanied
by the appropriate fee(s) as determined by the Village Board. Said
fee(s) shall be in addition to any other fees required for the development
under the Village zoning law and/or Village Code.
E.
Establishment of FO Zones.
(1)
FO-I Floodway Zone. There is hereby established an FO-I Zone to accomplish
the purposes of this section. The boundaries of this zone include
all areas within the floodways as delineated in the Flood Insurance
Study for the Village of Churchville. The following are not permitted
in the FO-I Zone:
(a)
New structures (temporary or permanent); any addition or substantial
improvement to existing structures; filling of land; excavation; deposits,
obstructions or outside storage of materials or equipment.
(b)
The temporary or permanent placement of a mobile home, manufactured
home, or similar structure.
(c)
The construction or operation of an on-site sewage disposal
system.
(d)
Any other activity that, as demonstrated through a technical
evaluation, will result in any increase in flood levels during the
occurrence of the base flood discharge.
(2)
FO-II Floodplain Zone. There is hereby established an FO-II Zone
to accomplish the purposes of this section. The boundaries of this
zone include all areas within the ten-year floodplain but do not include
any portion of the FO-I Zone.
(a)
The following are not permitted in the FO-II Zone:
[1]
New structures (temporary or permanent); filling of land; excavation;
deposits, obstructions or outside storage of materials or equipment.
[2]
The temporary or permanent placement of a mobile home, manufactured
home, or similar structure.
[3]
The construction or operation of an on-site sewage disposal
system.
[4]
Any activity that is not in compliance with the standards and
requirements set forth in other sections of this chapter.
(b)
The following activities shall not be allowed in whole or in part in an FO-II Zone without first requesting and receiving a permit from the CEO as outlined in Subsection D of this section:
[1]
Addition or substantial improvement to structures.
[2]
Subdivision of land.
[3]
Any person-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations
located within the area of special flood hazard.
(3)
FO-III Floodplain Zone. There is hereby established an FO-III Zone
to accomplish the purposes of this section. The boundaries of this
zone include all areas within the one-hundred-year floodplain as delineated
in the Flood Insurance Study but do not include any portion of either
the FO-I or FO-II Zone.
(a)
The following activities are not permitted in the FO-III Zone:
(b)
The following activities shall not be allowed in whole or in part within an FO-III Zone without first requesting and receiving a permit from the CEO as outlined in Subsection D of this section:
[1]
Additions or substantial improvements to structures.
[2]
New structures.
[3]
Outside storage of materials and equipment.
[4]
Subdivision of land.
[5]
Any person-made change to improved or unimproved real estate,
including, but not limited to, building or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations
located within the area of special flood hazard.
F.
Permit process.
(1)
The CEO shall have the authority to grant or deny an FO District
development permit, subject to the standards, criteria, and other
regulations contained in this chapter, regulations contained in Village
of Churchville Code, and the State Environmental Quality Review Act
(SEQRA). The CEO may also request a report from the Village Engineer
or consulting engineer in acting on such permit applications.
(2)
Any development permit issued by the CEO in accordance with the provisions
of this section may be issued with conditions. Such conditions may
be attached as are deemed necessary to ensure the preservation and
protection of environmentally sensitive areas and to ensure compliance
with the policies and provisions of this section. Every permit issued
pursuant to this section shall contain the following conditions:
(a)
The CEO, Village Engineer, consulting engineer and/or other
appropriate Village officials shall have the right to inspect the
project at any reasonable time;
(b)
The permit shall expire if it is not acted upon within one year;
and
(c)
The permit holder shall notify the CEO or other appropriate
Village official of the date on which project construction is to begin,
at least five days in advance of such date of construction.
(3)
The CEO may suspend a permit until such time as the Village Board
reviews the suspension. The Village Board may, upon recommendation
of the CEO and after having provided the permit holder five days'
written notice, suspend or revoke a development permit issued in accordance
with the provisions of this section where it has found evidence that
the applicant has not complied with all terms or conditions of such
permit, has exceeded the authority granted in the permit, or has failed
to undertake the project in the manner set forth in writing with its
findings and reasons for revoking or suspending a permit issued pursuant
to the section. The CEO shall forward a copy of said findings to the
applicant. Permitted work shall immediately cease upon suspension
of a permit.
G.
Areas of special flood hazard. The areas of special flood hazard
identified by the Federal Emergency Management Agency in a scientific
and engineering report entitled "The Flood Insurance Study for the
Village of Churchville, Monroe County, New York," with accompanying
Flood Insurance Rate Maps and Flood Boundary-Floodway Maps, is hereby
adopted and declared to be part of this section. The Flood Insurance
Study and maps and amendments, and revisions thereto, are on file
at the Monroe County Planning Offices.
H.
Permit conditions. When reviewing an application for an FO District
development permit for a regulated action in any zone, the CEO shall
consider all technical information available, all relevant factors
and standards specified in the section, and shall determine that:
(1)
The requirements of this section have been satisfied; and
(2)
The proposed development does or does not adversely affect the area
of special flood hazard. (For the purposes of this section, "adversely
affect" means physical damage to adjacent properties.) An engineering
study may be required of the applicant for this purpose.
I.
Development standards. No FO District permit shall be granted for
a regulated activity within any floodway or floodplain zone unless
the applicant submits a plan certified by a registered professional
engineer and shows evidence of the following:
(1)
The structure will be constructed with its lowest floor elevated
to at least one foot above the base flood level.
(2)
The structure will not affect the efficiency or the capacity of the
floodway or increase flood heights.
(3)
The structure will be placed on the site so as not to cause increased
velocities or catch or otherwise collect debris that will obstruct
flow under flood conditions.
(4)
The structure shall be firmly anchored to prevent flotation, collapse,
or lateral movement that may result in damage to other structures,
restrictions of bridge openings, and other narrowings of the watercourse.
(5)
All new and replacement water supply and sanitary sewer systems shall
be designed to minimize or eliminate infiltration of floodwaters into
the system and discharge from the systems into floodwaters.
(6)
Service facilities, such as electrical and heating equipment, shall
be constructed at or above the base flood level for the particular
area or shall be floodproofed.
(7)
New construction and substantial improvements shall be constructed
using materials, methods, and practices that minimize flood damage.
(8)
Base flood elevation data shall be provided for subdivision proposals
and other proposed developments.
(9)
Such other data or evidence may be requested by the Village Board,
Planning Board, ZBA, or CEO pertaining to flooding and site plan information.
(10)
Information and/or a description regarding the extent to which
any watercourse will be altered or relocated as a result of any proposed
development.
(11)
Plans indicating any walls to be used to enclose space located
below the base flood level.
(12)
That there is no reasonable alternative for the proposed regulated
activity on a site which is not in a flood hazard area.
J.
Considerations. When taking action on an application for an FO District
development permit for a regulated action in any Floodplain Overlay
District zone, the CEO shall consider all technical information available,
all relevant factors and standards specified in this section, as well
as the following:
(1)
The danger that materials may be swept onto other lands to the detriment
of others;
(2)
The danger to life and property due to flooding or erosion damage;
(3)
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
(4)
The importance of the services provided by the proposed facility
to the community;
(5)
The necessity to the facility of a waterfront location;
(6)
The availability of alternative locations not subject to flooding
or erosion damage for the proposed use;
(7)
The compatibility of the proposed use with existing and anticipated
development;
(8)
The relationship of the proposed use to the Village's Comprehensive
Plan and floodplain management program for that area;
(9)
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
(10)
The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters and the effects of wave action, if applicable,
expected at the site; and
(11)
The costs of providing governmental services during and after
flood conditions, including maintenance and repair of public utilities
and facilities such as sewer, gas, electrical and water systems and
streets and bridges.
K.
Additional standards for approval. The CEO may require that the applicant
adequately demonstrate that one or more of the following conditions
be met before granting a permit for land use within any of the zones:
(1)
Anchorage to resist flotation and lateral movement.
(2)
Reinforcement of walls to resist water pressure.
(3)
Installation of watertight doors, bulkheads and shutters.
(4)
Use of paints, membranes or mortars to reduce seepage of water through
walls.
(5)
Addition of mass or weight to resist flotation.
(6)
Installation of pumps to lower water levels in structures.
(7)
Pumping facilities to relieve hydrostatic water pressure on external
walls and basement floors.
(8)
Elimination of gravity flow drains.
(9)
Construction to resist rupture or collapse caused by water pressure
or floating debris.
(10)
Compliance with other environmental regulations found in the
Code of the Village of Churchville.
L.
Encroachments.
(1)
In all areas of special flood hazard in which base flood elevation
data is available pursuant to the Village of Churchville Flood Insurance
Study and no floodway has been determined, the cumulative effects
of any proposed development, when combined with all other existing
and anticipated development, shall not increase the water surface
elevation of the base flood more than one foot at any point.
(2)
In all areas of special flood hazard where floodway data is provided
or available, the requirements of FO-I Zones shall apply.
(3)
All proposed development in riverine situations where no flood elevation
data is available (unnumbered A Zones as indicated by the Village
of Churchville Flood Insurance Study) shall be analyzed to determine
the effects on the flood-carrying capacity of the area of special
flood hazards set forth in this section. This may require the submission
of additional technical data to assist in the determination.
(4)
When base flood elevation data has not been provided pursuant to
the Village of Churchville Flood Insurance Study, the CEO may obtain,
review, and reasonably utilize any base flood elevation and floodway
data available from federal, state or other sources.
M.
Administration. In addition to the other duties and responsibilities
specified in this chapter, the CEO is authorized to administer the
following provisions of this chapter. The CEO shall:
(1)
Secure from the applicant all information necessary for a complete review of the proposed development by the appropriate boards and officials. The information necessary for submission shall be the same as required for site plan approval as specified in Article XVIII of this chapter, plus any additional information that may be required by the CEO to adequately review a request for a permit.
(2)
Review all applications to determine that all necessary permits have
been obtained from those federal, state or local governmental agencies
from which prior approval is required.
(3)
Obtain and record the actual elevation (in relation to sea level)
of the lowest habitable floor (including basement) of all new or substantially
improved structures and whether or not the structure contains a basement.
(5)
Maintain for public inspection all records pertaining to the provisions
of this section.
(6)
Notify adjacent communities and the NYSDEC prior to any alteration
or relocation of a watercourse and submit evidence of such notification
to the Federal Insurance Administration.
(7)
Require that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood-carrying capacity is
not diminished.
N.
Restrictions. Where this section imposes greater restrictions than
are imposed by the provision of any law, ordinance, regulation or
private agreement, this section shall control. Where there are restrictions
by any law, ordinance, regulation or private agreement greater than
those imposed by this section, such greater restrictions shall control.
All uses presently permitted in the zoning districts within the Village
of Churchville that also fall within the FO District zones shall continue
to be permitted uses for these districts, except where otherwise restricted
by this section.
O.
Appeals. Appeals for variances to the requirements of this section
shall be based upon Section 80.6 (formerly Section 1910.6) of the
National Flood Insurance Program Regulations. Any applicant to whom
a variance is granted shall be given written notice that the structure
will be permitted to be built with a lowest floor elevation below
the base flood elevation and that the cost of flood insurance will
be commensurate with the increased risk resulting from the reduced
lowest floor elevation.
P.
Degree of protection. The degree of flood protection required by
this section is considered reasonable for regulatory purposes and
is based on scientific and engineering considerations. Larger floods
can and will occur on rare occasions. Flood heights may be increased
by person-made or natural causes. This section does not imply that
land outside the area of special flood hazards or uses permitted within
such areas will be free from flooding or flood damages. This section
shall not create liability on the part of the Village of Churchville,
any officer or employee thereof or the Federal Insurance Administration
for any flood damages that result from reliance on this section or
any administrative decision lawfully made thereunder.
