A.
Upon making an application for a one- or two-family dwelling to the
Code Enforcement Officer:
(1)
If all the requirements are met, a permit shall be granted.
B.
Upon making an application for other than a one- or two-family dwelling
to the Code Enforcement Officer:
(1)
If all requirements are met, the application goes to the Planning
Board for site plan review.
(2)
The applicant presents a sketch plan to the Planning Board for
review where suggestions, codes and laws to be followed are learned.
(3)
The applicant presents a preliminary plot plan to the Planning
Board. The plot should be as complete as possible so the Board can
make suggestions and ensure that applicable codes and regulations
are met.
(4)
The applicant presents final plot plan to the Board upon which
the Board will base its decision to approve or disapprove the site
plan. If denied, applicant can reapply to the Planning Board with
changes necessary to make plan conform. Board can then, after deliberation,
approve or disapprove the site plan.
A.
An application for site plan review shall be accompanied by a fee
as shall be specified in the separate rate and fee schedule, as shall
be adopted and amended by the Village Board from time to time.
B.
Costs incurred by the Planning Board for consultation fees or other
extraordinary expense in connection with the review of a proposed
site plan shall be charged to the applicant, which said sums shall
be reasonable sums necessary to defray expenses otherwise charged
to the Village of Lima Planning Board to carry out its review functions.
Insofar as may be reasonable and feasible, the Planning Board or Code
Enforcement Officer shall monitor and project cost estimates upon
the request of the applicant. Notwithstanding the foregoing, neither
the Planning Board nor the Code Enforcement Officer can be held responsible
for additional costs or expenses or charges greater than those projected
by said party as long as such costs and charges can reasonably be
demonstrated to be necessary in conjunction with the site review function.
When, in the judgment of the Village, certain facilities must
be built or construction practices undertaken, the Village may, at
its discretion, require a performance bond, letter of credit or other
acceptable security as a condition precedent to site plan approval
and subsequent granting of a building permit.
A.
Purpose. The purpose of this chapter is to establish requirements
for posting of informational signs on properties which are subject
to any application made to the Village of Lima seeking a variance,
change in zoning classification, subdivision of land and/or a special
or conditional use permit, so as to provide the general public with
information on the nature of the relief requested, and the time, date
and place of any public hearing.
B.
Statement of public policy. No Board or political subdivision of
the Village of Lima shall undertake to approve, consent to, issue
a permit for, or file any subdivision map as a result of any application
seeking a variance, change in zoning classification, subdivision of
land and/or a special or conditional use permit, without first diligently
providing public notice of all public hearings and proceedings. It
is understood that in addition to all requirements for public notice
set forth in the New York State Village Law as amended, from time
to time, the Village Board of Trustees for the Village of Lima deems
it appropriate and diligent to mandate that certain signage be conspicuously
placed on any property that is subject to an application seeking any
relief in the form of a variance, change in zoning classification,
subdivision of land and/or a special or conditional use permit. This
requirement is intended to safeguard and preserve the rights of neighboring
citizens to participate in the process of providing critical public
input for consideration by the Board or political subdivision of the
Village of Lima.
C.
Applicability. This chapter shall apply to any application submitted
to the Lima Village Board, the Village of Lima Planning Board or the
Village of Lima Zoning Board of Appeals, seeking relief, approval
or consent in the form of a variance, change in zoning classification,
subdivision of land and/or a special or conditional use permit. This
chapter shall also apply to any self-initiated action of the Village
Board to seek a change of zoning classification of any individual
parcel of land.
D.
Size, content and placement of sign(s).
(1)
An applicant seeking relief, approval or consent in the form
of a variance, change in zoning classification, subdivision of land
and/or a special or conditional use permit shall cause to be placed
upon the subject property or properties, a sign of no less than four
square feet in size, said sign to indicate that the property is subject
to an application seeking relief, approval or consent in the form
of a variance, change in zoning classification, subdivision of land
and/or a special or conditional use permit (as is applicable to that
particular application), that the application and any related file
concerning the application are available for public review at the
Village Offices, and the date, time and place of any public hearing
scheduled for the purpose of addressing said application. Such sign(s)
shall be posted at least 10 days prior to the date of the scheduled
public hearing or at which the application is to be addressed, and
the applicant shall be responsible to take reasonable steps to keep
the sign(s) posted until the scheduled public hearing has taken place.
(2)
Said sign shall be conspicuously placed on the property which
is the subject of the application, such that it can be readily observed
from the public right-of-way adjoining or nearest the property. In
the event that the subject property is located adjacent to a private
driveway or roadway, not readily accessible to the public, said signage
shall be placed at the juncture of said private driveway or roadway
and the public right-of-way, so as to be visible without impeding
sight distance. Said sign shall be posted within 15 feet of the property
line of the property which is the subject of the application, or in
the case of a parcel not readily accessible to the public as close
as may be reasonably practical to the access right-of-way used to
access that property. One sign shall be posted along any public road
frontage of a parcel, such that if the property fronts on more than
one public road one sign shall be posted on each road frontage.
(3)
In the event that one application is intended to impact more
than one parcel of real property (i.e., a change of zoning classification
or large subdivision), the Code Enforcement Officer for the Village
of Lima may, at that party's sole discretion, require more than one
sign be posted to effectuate the intended notice provisions of this
chapter.
(4)
Notwithstanding any code provision or local law that may or
shall express a contrary indication, the size and posting of the signage
required hereunder shall be exempt from any local law or regulation
designed to regulate private signage.
E.
Fees to be paid by applicant. All signage required by this chapter
shall be provided by the Village of Lima. All applicants required
to post the signage required by this section shall pay a fee to the
Village of Lima as may periodically by prescribed by fee schedule
adopted by the Village Board. Failure of an applicant to return any
signage shall result in an additional fee charged to the applicant
for the full replacement value of said sign.
