[Amended 7-2-2013 by L.L.
No. 2-2013; 1-10-2019 by L.L. No. 1-2019; 7-7-2020 by L.L. No. 4-2020]
A.
The R-1 Residential District is established to encourage the creation
and preservation of low-density single-family residential neighborhoods
and to limit the establishment of nonresidential uses to those that
are compatible with the intended low-density neighborhood character.
The stipulated density is intended to provide for areas of suburban
character in the community, particularly in the outer periphery of
the Village.
B.
The use regulations for the R-1 Residential District shall be as
set forth in the Schedule of District Regulations included as Schedule
A to this chapter.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
A.
The R-2 Residential District is established to preserve and protect
single-family neighborhoods with traditional urban character that
are the oldest residential areas in the Village and to limit medium-density
housing to locations that are compatible with the existing residential
neighborhood.
B.
The use regulations for the R-2 Residential District shall be as
set forth in the Schedule of District Regulations included as Schedule
A to this chapter.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
A.
The R-3 Residential District is established to promote, preserve
and protect existing medium-density residential neighborhoods, allow
for small-scale attached dwellings in a traditional neighborhood setting,
and limit multifamily to locations that are compatible with the existing
residential neighborhood.
B.
The use regulations for the R-3 Residential District shall be as
set forth in the Schedule of District Regulations included as Schedule
A to this chapter.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
A.
The WD Waterfront District is established to protect lands along
the Mohawk River and its confluence with Canajoharie Creek, to promote
public recreation and river access, and to furnish areas for public
facilities and services.
B.
The use regulations for the WD Waterfront District shall be as set
forth in the Schedule of District Regulations included as Schedule
A to this chapter.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
A.
The B-1 Core Business District is established to permit a wide variety
of retail and service establishments within a core business district.
Permitted uses are those which serve to preserve, maintain and promote
downtown Canajoharie as a core area for retail sales and to promote
and enhance the existing historic, compact pedestrian orientation
of the downtown by permitting buildings to be close to the street
and to one another.
B.
The use regulations for the B-1 Core Business District shall be as
set forth in the Schedule of District Regulations included as Schedule
A to this chapter.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
A.
The G-1 Gateway Business District is established to permit a wide
variety of commercial and light manufacturing uses of a limited scale
and intensity, and which provide an appropriately designed visual
transition between the rural areas of the Town and the concentrated
business area of the Village.
B.
The use regulations for the G-1 Gateway Business District shall be
as set forth in the Schedule of District Regulations included as Schedule
A to this chapter.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
A.
The M-1 Manufacturing District is established to permit a variety
of research, manufacturing and distribution activities thereby promoting
employment and strengthening the economy of the community. This district
also provides for the continuation of existing manufacturing uses
and the establishment of new ones in ways that are compatible with
the historic fabric of the Village, and where the operational characteristics
of such uses do not cause unacceptable levels of smoke, gas, odor,
dust, noise or vibration.
B.
The use regulations for the M-1 Manufacturing District shall be as
set forth in the Schedule of District Regulations included as Schedule
A to this chapter.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
The regulations for Planned Development Districts are intended
to provide a means for the development of residential, business, commercial,
manufacturing, institutional or recreational subdivisions, or combinations
thereof, in which economies of scale or creative architectural or
planning concepts may be utilized by the developer without departing
from the spirit and intent of this chapter. In no case shall the regulations
of this section be so interpreted as to circumvent the benefits of
this chapter to the residents or occupants of adjoining properties.
Planned Development Districts may be established only in accordance
with the procedures specified below.
A.
Minimum area.
(1)
The minimum area for a Planned Development District shall be five
acres.
(2)
The calculation of area for a Planned Development District shall
not include easements, parks, existing streets or otherwise dedicated
land, water areas in excess of 5% of the minimum gross acreage, lands
designated on the Official Map for public purposes or land undesirable
by reason of topography, drainage or adverse subsoil conditions. Sites
proposed for a combination of two or more use classifications shall
consist of the total land area required for each such use.
(3)
A parcel, district or site proposed for planned development need
not be under single ownership where the proposed development consists
of a group of structures or improvements capable of being developed
separately but in accordance with a single, unitary plan, and in which
the separate owners indicate their express intentions to enter into
such private agreements between or among themselves as will facilitate
their mutual enterprise, and assure its completion as planned to the
satisfaction of the community.
B.
Planning Board referral.
(1)
Application for establishment of a Planned Development District or
a development project within such a district shall be made to the
Village Board. The Village Board shall refer the application to the
Planning Board within 30 days from receipt of the application. The
applicant shall furnish to the Planning Board basic site data pertaining
to the boundaries of the proposed planned development, existing zoning,
the topography and subsoil conditions and such preliminary plans as
may be required for an understanding of the proposed development,
with a petition for the desired zoning change, if required.
(2)
The Planning Board may require such changes in said preliminary plans
as are found to be necessary to meet the requirements of this chapter.
The Planning Board may make such additional requirements as are deemed
reasonably necessary to protect the established or permitted uses
in the vicinity and to promote and protect the orderly growth and
sound development of the Village. In its review the Planning Board
shall consider, among other things, the following:
(a)
That the proposal substantially conforms with the Village's
Master Plan.
(b)
The need for the proposed land use(s) in the proposed location.
(c)
The existing character of the neighborhood.
(d)
The location of principal and accessory buildings on the site
in relation to one another.
(e)
The pedestrian circulation and open space in relation to structures.
(f)
The traffic circulation features within the site and the amount,
location and access to automobile-parking areas.
(g)
The height and bulk of buildings and their relation to other
structures in the vicinity.
(h)
The proposed location, type and size of display signs, driveways,
loading zones and landscaping.
(i)
The safeguards provided to minimize possible detrimental effects
of the proposed use on adjacent properties and the neighborhood in
general.
(j)
Storm drainage and sanitary waste disposal in and adjacent to
the area.
(3)
In its review, the Planning Board may consult with legal, engineering,
planning or environmental consultants and agency representatives to
render professional opinions regarding the verification of data shown
in the proposal, the proposal's relationship with the existing
zoning and with the Master Plan, the possible effects of the proposal
upon the surrounding properties, the general harmony with the essential
character of the area, the aesthetic and design qualities of the proposal,
and such other factors or considerations as may be appropriate in
considering the merits of the proposal.
(4)
The Planning Board shall recommend approval, approval with modifications
or disapproval of such application and shall report its findings to
the Village Board within 90 days following the date of referral by
the Village Board to the Village Planning Board. This timeframe may
be extended upon mutual agreement of the Planning Board and the applicant.
C.
Village Board action.
(1)
Upon receipt of the Planning Board's recommendations, the Village Board shall proceed in accordance with the provisions of Article XII relative to amendments to this chapter, including scheduling a public hearing.
(2)
In accordance with § 239-M of the New York General Municipal
Law, the Village Board shall refer the proposed Planned Development
District plan to the county planning agency for its recommendation.
(3)
The Village Board shall comply with all procedures required by Part
617 of Title 6 of New York's Codes, Rules and Regulations, also
known as State Environmental Quality Review (SEQR).
(4)
After having heard from the public during the public hearing, considering
the recommendations of the Planning Board and county planning agency,
and conducting a thorough review of any significant environmental
impacts, the Village Board shall, by resolution, approve or disapprove
the proposed Planned Development District plan as presented or modified,
with or without conditions, as necessary to fully protect the health,
safety and welfare of the community. If the Village Board approves
the Planned Development District, the Official Zoning Map shall be
so amended.
(5)
A resolution approving a Planned Development District shall state
the allowed uses, permitted density, site improvements and the timeframe
by which the applicant must complete construction after receiving
final site plan approval by the Planning Board. 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.
(6)
Adoption of a resolution by the Village Board changing the zoning
of the parcel to a Planned Development District shall not constitute
approval of final plans or an authorization to the applicant or developer
to begin construction or site preparation. No building permits or
other approvals will be issued until final site plan approval has
been granted by the Planning Board.
D.
Final site plan review.
(1)
Upon Village Board approval of the Planned Development District, the Planning Board shall undertake final site plan review in accordance with § 124-10 of the Village of Canajoharie Code.
(2)
In considering the final plans and specifications for a development
in a Planned Development District, the requirements for lot area,
lot width, building coverage, building heights and other bulk, density
or parcel specifications of this chapter, or the other physical requirements
of this chapter, shall be observed as general guidelines, and may
be more or less restrictive in accordance with the recommendations
of the Planning Board or its consultants.
A.
Prohibited uses.
(1)
No building or structure or part thereof and no lot or land or part
thereof shall hereafter be used except for a purpose specifically
permitted by the provisions of Schedule A: Schedule of Use Regulations[1] for the district in which such building or structure,
lot or land is located on the official Zoning Map.
[1]
Editor’s Note: Said schedule is included as an attachment to this chapter.
(2)
In all districts, no building, structure or lot shall be used in
whole or in part for any trade, business, industry or process which
is noxious or offensive by reason of the production or emission of
smoke, noise, gas, odor, dust, refuse matter, vibration or excessive
light beyond the limits of its lot so as to be dangerous or prejudicial
to the public health, safety or general welfare as determined by the
Planning Board.
B.
Special permit uses.
(1)
Intent and purpose. Special uses are considered to be uses which
may be appropriate in the district in which they are located, but
which possess special characteristics which may pose land use problems
or conflicts if controlled only by the district regulation applicable
to permitted uses. Each use warrants consideration as an individual
case in the district and on the specific lot on which it is proposed
to be located. Granting of a special permit for a special use in a
zoning district shall be based on its own unique facts and circumstances
and shall not establish any precedent for granting of a special permit
for the use or any other special permit use on any other lot in the
district or in other districts.
(2)
General provisions.
(a)
The Board of Trustees of the Village of Canajoharie authorizes
the Planning Board to review and grant special use permits as enumerated
in Schedule A: Schedule of Use Regulations.[2] No such permit shall be granted by the Planning Board
unless it finds that the use for which such permit is sought will
not, in the circumstances of the particular case and under any conditions
that the Board considers to be necessary or desirable, be injurious
to the neighborhood or otherwise detrimental to the public welfare.
[2]
Editor’s Note: Said schedule is included as an attachment to this chapter.
(b)
In approving such use, the Planning Board shall find that:
[1]
The use is so designed, located and proposed to be operated
such that the public health, safety, and welfare will be protected,
with particular emphasis on fire protection and accessibility for
emergency services.
[2]
The use is appropriately located with respect to transportation
facilities, water supply, fire and police protection, waste disposal
and similar facilities.
[3]
The use will be in harmony with the visual and physical environment
and not in conflict with the Comprehensive Plan for the Village of
Canajoharie.
[4]
The use will be compatible with adjoining development and the
character of the neighborhood, and that surrounding property values
will be reasonably safeguarded.
[5]
Adequate traffic control and off-street parking and loading
are provided, and ingress and egress is so designed as to cause minimum
interference with traffic on abutting streets.
[6]
The use conforms to all applicable regulations governing the
district where it is located, and to any other applicable regulations
under other provisions of this chapter, except where a variance has
been granted by the Zoning Board of Appeals.
(3)
Procedures. Application for a special permit pursuant to these regulations
shall be upon forms prescribed by the Planning Board and shall contain
a written description of the proposed use, with reference to the appropriate
use and bulk regulations herein. The following general procedures
shall be applied:
(a)
Applications for special use permits shall require site plan approval in accordance with the site plan regulations in accordance with Chapter 124, Site Plan Review, of the Code of Village of Canajoharie. The Planning Board may waive site plan approval for a special permit application that will involve no physical alteration or disturbance of a site.
(b)
In its review, the Planning Board may consult with legal, engineering,
planning or environmental consultants and agency representatives to
render professional opinions regarding the verification of data shown
in the permit application, the possible effects of the proposed use
upon the surrounding properties, the general harmony with the essential
character of the area, the aesthetic and design qualities of the proposed
use, and such other factors or considerations as may be appropriate
in considering the merits of the proposal. Any expenses associated
with hiring such professionals shall be the responsibility of the
applicant.
(c)
The Planning Board shall conduct a public hearing within 62
days from the date a special permit application is deemed complete.
After having heard from the public during the public hearing, the
Planning Board shall approve or disapprove the proposed special permit
application as presented or modified, with or without conditions,
within 90 days. This timeframe may be extended by mutual consent of
the applicant and the Planning Board.
(d)
The approval of a special permit shall be limited to the use
described and approved in such permit. Special permits shall be deemed
to be indefinite authorization unless otherwise specified by resolution
in the approval thereof. If all conditions and standards of the approval
are not complied with throughout the duration of the special use permit,
or if the approved use is discontinued for a period of one year, the
special permit shall be deemed revoked.
