[Amended 4-15-2021 by L.L. No. 1-2021]
A. Special permits.
(1) Public hearings. Any use for which a special permit is required shall
be considered at a public hearing held in accordance with the requirements
of § 274-b of the Town Law.
(2) Decisions. The board which has jurisdiction over an application for
a special permit may approve with or without modifications or deny
a special permit.
(3) Expansion of a special permit use. The nature, duration and intensity
of the operations which are involved in or conducted in connection
with any use for which a special permit has been granted shall not
be increased or expanded without the approval of the board which has
jurisdiction over said special permit use. Any expansion of a use
which requires a special permit shall be considered at a public hearing
held in accordance with the requirements of § 274-b of the
Town Law.
(4) Expiration of a special permit.
(a)
A special permit shall authorize only one specific use. Said
permit shall expire if:
[1]
The use does not begin operation within one year of the date
on which approval for said permit was granted; or
[2]
The use, once begun, ceases operation, for any reason, for more
than six consecutive months. Exempt from this requirement are uses
which are seasonal in nature.
(b)
Upon written request, the board which issued the special permit may extend the time periods established in Subsection
A(4)(a)[1] and
[2] above for two additional periods of time not to exceed three months each. Said extensions may be granted if, in the board's opinion, it is warranted by the particular circumstances of the request.
(5) Revocation of a special permit.
(a)
A special permit may be revoked by the board which has jurisdiction
over said permit. Said board shall hold a public hearing to consider
whether or not the special permit grantee has violated the terms and
conditions of said special permit. Said public hearing shall be held
only after the permit grantee has been notified, as hereinafter described,
by the Building Inspector of said violations and has failed to correct
said violations within the time period established by the Building
Inspector. Notice of violations shall be served in the following manner:
[1]
By personal service of a copy thereof upon the owner or some
one of the owners, executors, legal representatives, agents, lessees
or any other person having a vested or contingent Interest in the
premises as shown by the last preceding completed assessment roll
of the Town or, if no such person can be reasonably found, by mailing
to said owner by certified mail, return receipt requested, a copy
of said notice directed to his/her last known address; and
[2]
By personal service of a copy of said notice upon any adult
person occupying the premises on which said special permit use is
conducted, or, if no such person can be reasonably found, by mailing
to said occupant by certified mail, return receipt requested, a copy
of said notice directed to the address of the premises on which said
special permit use is conducted, or by securely affixing a copy of
said notice upon any building or structure which is located on the
premises on which said special permit use is conducted.
(b)
At least 10 days before said public hearing, a legal notice
of said hearing shall be published in a newspaper of general circulation
in the Town. Written notice of said hearing shall be mailed to the
special permit grantee by certified mail, return receipt requested,
directed to the last known address of the permit grantee.
(6) Standards for special permit applications to the Board of Zoning
Appeals. No special permit shall be granted by the Board of Zoning
Appeals unless and until the applicant has demonstrated to the satisfaction
of the Board that:
(a)
Access to the site and the size of the site are adequate for
the proposed use.
(b)
The proposed use will not adversely affect the orderly pattern
of development in the area.
(c)
The nature, duration and intensity of the operations which are
involved in or conducted in connection with the proposed use will
be in harmony with nearby uses and will not alter the essential character
of the neighborhood nor be detrimental to the residents thereof.
(d)
The proposed use will not create a hazard to health, safety
or the general welfare.
(e)
The proposed use will not be detrimental to the flow of traffic
in the vicinity.
(f)
The proposed use will not place an excessive burden on public
improvements, facilities, services or utilities.
(7) Waiver. Upon written request from an applicant, the board which has
jurisdiction over an application, may waive the requirements of this
chapter that a special permit be obtained. Said waiver may be granted
at a regularly scheduled meeting of the board which has jurisdiction.
Waivers may be granted if such board determines it is warranted by
the particular circumstances of the request. Said circumstances may
include, but shall not be limited to:
(a)
A change in the owner, operator or tenancy of a use for which
a special permit previously was granted, provided that said use:
[1]
Is operated in conformity with the terms and conditions of the
special permit which previously was granted; and
[2]
Complies with all applicable codes, rules and regulations; or
(b)
A use which is located within a principal use and which is incidental,
secondary, or subordinate to said principal use; or
(c)
Reapproval of a special permit for a use, provided that said
special permit expired without said use having commenced.
(d)
Expansion of an existing special permitted use which does not
include construction of additional floor space or appurtenances.
(e)
Restaurants which serve food or beverages principally on a takeout
or delivery basis and which have provisions for not more than 12 persons
to consume such food or beverages on the premises.
(f)
Because of the particular character or limited nature of a proposal.
B. Variances and appeals.
(1) Variances. The Board of Zoning Appeals shall have the power, upon
an appeal from a decision or determination of the Building Inspector,
to grant a use variance or an area variance, subject to the procedures
and requirements of § 267-b of the Town Law.
(2) Appeals. The Board of Zoning Appeals shall hear and decide on appeals
from any order, requirement, decision or determination made by the
Building Inspector in the administration of this chapter in accordance
with the procedures and requirements of § 267-a of the Town
Law.
C. Site plans.
(1) One-family and two-family dwellings.
(a)
No building permit shall be issued by the Building Inspector
for any one-family or two-family dwelling on a lot unless and until
a subdivision plat and site design details for such use have been
approved by the Planning Board, the Town Engineer and the Commissioner
of Public Works and such plat has been filed in the office of the
Monroe County Clerk, or, alternatively, a site plan for such use has
been approved by the Town Engineer, the Commissioner of Public Works
and the Building Inspector. This requirement shall also apply to any
lot for which an approved subdivision map, plat or deed has been filed
or recorded in the office of the Monroe County Clerk prior to the
effective date of this chapter.
(b)
During the construction of a one-family or two-family dwelling,
the Building Inspector or Commissioner of Public Works may authorize
minor adjustments to the approved plan which are consistent with such
plan, when such adjustments are deemed necessary in light of technical
or engineering considerations which develop during actual construction,
or when such adjustments are required in order to comply with laws,
ordinances, codes, rules or regulations which are made applicable
to the subject property by any agency or instrumentality of the United
States, New York State, Monroe County or Town of Greece. The Building
Inspector or Commissioner of Public Works may, in his/her discretion,
refer any such proposed change to the Planning Board for review.
(c)
Approval of a site plan for a one-family or two-family dwelling
shall be valid for the purpose of obtaining a building permit for
a period of two years following the date of such approval by the Town
Engineer, the Commissioner of Public Works and the Building Inspector.
Upon written request from an applicant, the Town Engineer, the Commissioner
of Public Works and the Building Inspector together may waive the
requirement to obtain reapproval of an expired site plan, provided
that they determine that no substantial change has taken place in
the particular circumstances of such previous site plan approval.
Approval of such waiver shall be valid for the purpose of obtaining
a building permit for a period of two years following the date of
such waiver by the Town Engineer, the Commissioner of Public Works
and the Building Inspector. Upon expiration of such waiver, no building
permit shall be issued by the Building Inspector unless and until
site plan approval has been granted by the Town Engineer, the Commissioner
of Public Works and the Building Inspector.
(2) Other uses.
(a)
Pursuant to § 274-a of the Town Law, no building permit shall be issued by the Building Inspector for any of the following uses unless and until a site plan for said use has been reviewed and approved by the Planning Board. Exempt from this requirement are minor improvements as provided for in Subsection
D.
[1]
Multiple-family residential uses;
[2]
Office, retail, industrial and other similar commercial uses;
[3]
Religious, nonprofit or private institutional uses including
private schools;
[4]
Any use for which a special permit is required; and
[5]
Land disturbances, as defined in §
211-5, which exceed one acre in area, excluding agricultural activities conducted in accordance with the rules and regulations of the New York State Department of Agriculture and Markets.
(b)
Application for approval of a site plan, showing the arrangement,
layout and design of the proposed use, shall be prepared and submitted
in accordance with specifications and administrative procedures adopted
by the Planning Board.
(c)
The Planning Board may approve with or without modifications
or deny an application for site plan approval in accordance with the
procedures and requirements of § 274-a of the Town Law.
Upon a finding by the Planning Board that, because of the particular
character or limited nature of a new development or change in use
or special conditions peculiar to a site, the submission of a site
plan or of certain portions of the information normally required as
part of the site plan is inappropriate or unnecessary or that strict
compliance with said informational requirements will cause extraordinary
and unnecessary hardship, the Planning Board may vary or waive such
submission wherever, in the opinion of the Board, such waiver will
not be detrimental to the public health, safety or general welfare.
(d)
Site plans which are approved by the Planning Board shall also
be subject to the review and approval of the Building Inspector, Fire
Marshal, Town Engineer, the Commissioner of Public Works, and any
other persons or agencies designated by the Planning Board.
(e)
Approval of a site plan by the Planning Board shall be valid
for the purpose of obtaining a building permit for a period of one
year following the date of the Board's approval resolution. The Planning
Board may, however, upon written request, extend such one-year period
for two additional periods of time not to exceed three months each.
Such extensions may be granted if, in the Board's opinion, it is warranted
by the particular circumstances of the request. Upon expiration of
such extensions, no permit shall be issued by the Building Inspector
unless site plan approval has been granted by the Planning Board.
(f)
During the construction of an approved site plan, the Building
Inspector or Commissioner of Public Works may authorize minor adjustments
to the approved plan which are consistent with such plan, when such
adjustments are deemed necessary in light of technical or engineering
considerations which develop during actual construction, or when such
adjustments are required in order to comply with laws, ordinances,
codes, rules or regulations made applicable to the subject property
by any agency or instrumentality of the United States, New York State,
Monroe County or Town of Greece. The Building Inspector or Commissioner
of Public Works may, in his/her discretion, refer any such proposed
change to the Planning Board for review.
(g)
Exempt from the requirements of this section are structures
which are erected, placed or constructed in order to comply with the
requirements of the Americans with Disabilities Act of 1990, as amended.
D. Minor improvements.
(1) Minor improvements, as hereinafter described, shall not be permitted
for any multiple-family residential or nonresidential use, unless
and until a minor improvement plan has been reviewed and approved
by the Planning Board or an authorized representative of the Planning
Board such as the Chairperson or Clerk of the Planning Board.
(2) For purposes of this chapter, minor improvements shall include the
placement, erection or construction of:
(d)
Accessory structures, or additions to existing structures, provided
that said structures or additions do not exceed 4,000 square feet
of gross floor area or 25% of the area of existing principal structures.
(e)
New or enlarged paved or unpaved parking areas, provided that
said new parking areas or said parking area enlargements do not contain
more than 20 parking spaces.
(f)
Structures which are erected, placed or constructed on an annual,
seasonal or other recurring basis and which are removed from the premises
within five months of their erection, placement or construction.
(g)
Minor alterations of previously approved site plans or minor
improvement plans.
(h)
Other similar minor improvements.
(3) Application for approval of a minor improvement plan, showing the
arrangement, layout and design of the proposed minor improvement,
shall be prepared and submitted in accordance with specifications
and administrative procedures established in regulations adopted by
the Planning Board.
(4) The authorized representative of the Planning Board may approve with
or without modifications or deny an application for approval of a
minor improvement plan. Any minor improvement plan approved by said
representative of the Planning Board shall also be subject to the
review and approval of the Town Engineer and the Building Inspector.
(5) Upon the request of the authorized representative of the Planning
Board or an applicant, a minor improvement plan shall be subject to
the review and approval of the Planning Board.
(6) Approval of a minor improvement plan shall be valid for the purpose
of beginning said minor improvement for a period of one year following
the date of said approval by the authorized representative of the
Planning Board or by the Planning Board. However, upon written request,
the authorized representative of the Planning Board may extend said
one-year period for two additional periods of time not to exceed three
months each. Said extension may be granted if, in the opinion of said
representative of the Planning Board, it is warranted by the particular
circumstances of the request.
(7) Waiver of minor improvement plan requirements. Upon written request
from an applicant, the Planning Board or an authorized representative
of the Planning Board may waive the requirements of this chapter that
approval of a minor improvement plan be obtained, subject to the requirements
and restrictions of this subsection.
(a)
Structures and improvements eligible for waiver:
[2]
Accessory electric vehicle charging points.
[4]
Fences or walls, including those which are used to enclose outdoor
refuse containers.
[5]
Sheds, as defined in this chapter (less than 200 square feet
in area).
[6]
Permanent outdoor seating provisions for a restaurant, where the number of outdoor seats provided will not exceed 10% of existing indoor seating capacity, including decks and patios. Outdoor seating shall be in accordance with the regulations established in §
211-28, and guidelines established by the Department of Planning and Economic Development.
[8]
Structures which are erected, placed or constructed on an annual,
seasonal or other recurring basis and which are removed from the premises
within five months of their erection, placement or construction.
(b)
A waiver of the minor improvement plan requirement shall not
be granted for:
[1]
Structures and improvements which are proposed to be located
within a public easement.
[2]
Structures, uses and improvements which do not comply with the
applicable provisions of this chapter, unless such structures, uses
or improvements have been granted variances by the Board of Zoning
Appeals or are legal preexisting conditions.
(c)
Requests for waiver of the minor improvement plan requirement
shall be submitted in writing by the property owner, or a duly authorized
representative of the property owner, and shall include a recent instrument
survey of the project location, including all existing structures
and easements. The proposed structure or improvement shall be drawn
to scale on the instrument survey map, including all dimensions and
setback distances. Additional information may be requested, including
but not limited to structural details, manufacturer's specifications,
and exterior materials and colors.
(d)
Approval of waiver.
[1]
Waivers may be approved, approved with modifications, or disapproved
by resolution of the Planning Board, or in writing by an authorized
representative of the Planning Board.
[2]
A waiver of the minor improvement plan requirements shall be
valid for the purpose of beginning such minor improvement for a period
of one year following the date of the Planning Board resolution granting
such waiver, or for a period of one year following the date of the
written approval of such waiver by an authorized representative of
the Planning Board.
[3]
No minor improvement for which a waiver has been disapproved
by the Planning Board or its authorized representative shall be permitted
unless and until a minor improvement plan has been approved in accordance
with the provisions of this chapter.
E. Amendments to Official Zoning Map. In the event that an amendment
of the Official Zoning Map is scheduled to expire by reason of a time
limit established by the Town Board by resolution at the time that
such amendment is made, upon written request by an applicant, which
application shall be filed before the end of such time limit, the
Town Board may, without public hearing, extend such time limit by
time periods of not more than six months each. Such extensions may
be granted if the Town Board determines, in its sole judgment and
discretion, that such extensions are warranted by the particular circumstances
of the request.