[Amended 9-7-1995 by L.L. No. 2-1995; 9-14-2006 by L.L. No. 3-2006]
In all districts, the following buildings and
uses are prohibited:
A.
All uses not expressly permitted by previous sections
of this chapter and, without limitation, the following:
(1)
Facilities for the manufacture or bulk storage of
acetylene gas, ammonia, bleaching power, chlorine, asphalt, celluloid,
fertilizer, fireworks or explosives.
(2)
Gasoline, naphtha or petroleum refining facilities.
(3)
Rubber-reclaiming facilities, smelters, blast furnaces,
coke ovens and incinerators.
(4)
Junkyards, auto graveyards, automobile salvage operations
and similar enterprises.
(5)
Any use which would be injurious to the safety or
welfare of the neighborhood by reason of smoke, odor, vibration, dirt,
glare, noise or danger of fire and explosion.
(6)
Animal slaughterhouses and facilities for the storage,
curing or tanning of raw hides or skins.
(7)
Outdoor solid-fuel-burning furnaces and boilers and
any other solid-fuel-burning unit or device designed and/or intended
to generate heat for the interior of a principal or accessory structure
which, with the exception of a connected chimney or similar exhaust
gas vent pipe, is not located completely within the structure for
which the heat is, or is intended to be generated.
B.
Mobile dwellings may not be parked, placed or occupied
for any use in any district. The use of motor homes or travel trailers
as residences is prohibited in all districts.
C.
No garage or accessory building shall be occupied
or used for residence or dwelling purposes.
[Amended 9-7-1995 by L.L. No. 2-1995; 1-24-2002 by L.L. No. 1-2002]
The following regulations apply in conjunction
with Schedule 1 which is appended to this chapter. Unless otherwise
stated the dimension, setback and area specifications contained in
Schedule 1 shall govern all lands and land uses.
A.
The specifications contained in Schedule 1 shall govern
lot area and width, yards, building coverage and building height.
B.
Where a district boundary line divides a lot held
in one ownership at the time of adoption of said district line, the
regulations for the less restricted portion of such lot shall extend
not more than 50 feet into a more restricted portion, provided that
the lot has frontage on a street in the less restricted district.
C.
Where two districts abut on the same street between
two intersecting streets, there shall be provided for buildings hereafter
constructed or structurally altered within a distance of 50 feet from
the district boundary line in the less restricted district a front
yard equal in depth to 1/2 the required depth for the front yard
in the more restricted district. Where the side or rear yard of a
lot abuts a side or rear yard of a lot in a more restricted district,
there shall be provided along such abutting line or lines a side or
rear yard equal in depth to that required in the more restricted district.
D.
The minimum yards and open spaces, including lot area
per family, required by this chapter for any building existing at
the time of adoption of this chapter or for any building hereafter
erected or structurally altered shall not be encroached upon or considered
as yard or open space requirements for any other building, nor shall
any lot be reduced below the district requirements of this chapter.
E.
On a corner lot in any district in which a front yard
is required, a yard shall be provided on each street, equal in depth
to the required front yard on such streets. One rear yard shall be
provided on each corner lot, and the owner shall designate the rear
yard on his application for a zoning permit.
F.
On corner lots, except in district where no front
yard is required, no fence, wall, hedge or other structure or planting
more than three feet in height shall be erected, placed or maintained
so as to obstruct visibility of vehicular traffic within the triangular
area formed by the intersecting public right-of-way line and a straight
line joining said lines at points 20 feet distant from the point of
intersection, measured along said lines.
G.
The front yard of all buildings and structures hereafter
constructed within a residence district shall be not less than the
average front yard of all buildings for a distance of 300 feet on
each side of such building. An adjacent vacant lot shall be considered
as having the minimum front yard required in the district for the
purpose of computing such average front yard.
H.
The height limitations of this chapter shall not apply
to belfries, church spires, chimneys, ventilators, flagpoles, monuments,
transmission towers and cables or radio or television antennas or
towers. Such structures, however, shall be erected only to such height
as is necessary to accomplish the purpose for which they are intended.
I.
Minimum residential ground floor areas, measured from
the exterior faces of exterior walls, exclusive of garages and open
porches, are as follows:
J.
Every accessory building shall be distant from the
street line as far as the principal building, except that an accessory
private garage, not over one story in height, may be not less than
10 feet distant from the street line where the natural slope of the
ground within 25 feet of said street line exceeds a twelve-percent
rise and may be not less than five feet distant from said street line
where the natural slope of the ground for a distance of 25 feet exceeds
a twenty-percent rise or incline. An accessory private garage, not
over one story in height, shall be not nearer than 10 feet to any
lot line.
K.
Cornices shall not project more than 1/4 of the
width of the required open spaces within the lot over which they project.
Belt courses, window sills and other ornamental features shall not
project more than six inches into such required open space.
L.
Fences or walls over six feet high shall conform to
the provisions of this chapter to the same extent as any building.
[Amended 3-26-1981 by L.L. No. 2-1981]
A.
For each use hereafter specified, there shall be provided
off-street parking with the number of spaces indicated after each
respective use:
(1)
Dwelling: one space per dwelling unit.
(2)
Rooming house, one space for every two residents of the rooming house.
[Amended 3-10-2016 by L.L. No. 2-2016]
(3)
Home occupation: one space in addition to any required
for the dwelling.
(4)
Hotel: one space per three guest rooms.
(5)
Administrative, professional, eleemosynary, utility
or governmental office: one space per 200 feet of floor area.
(6)
Fraternity: one space per 300 square feet of floor
area.
(7)
Funeral home: 10 spaces plus space for employees and
resident personnel.
(8)
Church school: one space per 10 auditorium seating
spaces or one space per 15 classroom seats, whichever is greater.
(9)
College campus: one space per three students.
(10)
Theater or other place of public assembly: one
space per five seating spaces.
(11)
Hospital or sanatorium: one space per two beds.
(12)
Nursing home or convalescent home: one space
per five beds.
(13)
Clinic: four spaces per doctor.
(14)
Retail store or bank: one space per 200 square
feet of floor area in excess of 1,000 square feet.
(15)
Clubs or restaurants, serving food or beverages
for on-premises consumption: one space per 50 square feet of floor
area devoted to patron use.
(16)
Bowling alley: 15 spaces per alley.
(17)
Wholesale, storage or freight terminal utility:
one space per 1,200 square feet of floor area.
(18)
Industrial manufacturing: one space per 400
square feet of floor area.
(19)
Motel or tourist home, one space per guest room.
[Added 3-10-2016 by L.L.
No. 2-2016]
(20)
Owner-occupied transient occupancy lodging. One space for each vehicle
used by the owner-occupants of the premises plus a minimum of one
space for transient occupants. Additional spaces may be required by
the Zoning Board of Appeals based on the site characteristics and
maximum number of persons permitted to occupy the dwelling unit per
the terms of the special permit issued by the Zoning Board of Appeals.
[Added 3-10-2022 by L.L. No. 3-2022]
(21)
Nonowner-occupied transient occupancy lodging. A minimum of one space
for transient occupants. Additional spaces may be required by the
Zoning Board of Appeals based on the site characteristics and maximum
number of persons permitted to occupy the dwelling unit per the terms
of the special permit issued by the Zoning Board of Appeals.
[Added 3-10-2022 by L.L. No. 3-2022]
B.
Exceptions.
(1)
The Zoning Board of Appeals of the Village of Morrisville, in its discretion, may grant an exception to the off-street parking requirements of Subsection A to before-existing buildings and uses in those districts designated as B-1 after the following findings are made:
(a)
That no land area is available to the owner
of the property to provide the required parking under the existing
chapter.
(b)
That the owner of the property shall be prohibited
from reducing the number of existing parking spaces.
(c)
That where land is available, required parking
spaces shall be provided equal to the additional spaces which would
be required for the new use, as opposed to the existing use.
(2)
The Zoning Board of Appeals may impose other conditions
reasonably necessary to protect adjacent land uses and to ensure the
safety of the residents of the Village of Morrisville.
(3)
Any person(s) requesting such an exception from the
requirements of this section shall be required to list the equity
behind such a request and submit it in writing to the Zoning Board
of Appeals in triplicate.
(4)
Any disagreement with the decision of the Zoning Board
of Appeals shall be appealable to the Village Board of Trustees.
C.
The provisions of this section shall not be applicable
to any property with frontage upon the south side of United States
Route 20 from Eaton Street to South Street nor to any property with
frontage on the north side of United States Route 20 from Cedar Street
to North Street.
[Added 5-14-1992 by L.L. No. 2-1992]
[Amended 9-8-2016 by L.L.
No. 6-2016]
General requirements relating to this chapter
are follows:
A.
If any area is hereafter transferred from one district
to another district, as by a change in district boundaries, the provisions
of this chapter with regard to buildings or premises existing on the
effective date of this chapter shall apply to buildings or premises
lawfully existing in such transferred area at the time of passage
of such amendment.
B.
Nothing herein contained shall require any change
in the plans, construction or designated use of a building complying
with existing law, a permit for which had been duly granted and the
construction of which shall have been started before the date of passage
of this chapter and the ground-story framework of which, including
the second tier of beams, shall have been completed within six months
of the date of the permit and which entire building shall have been
completed, according to such plans as have been filed, within one
year from the date of the passage of this chapter.
C.
No lot shall be so reduced in area that any required
open space will be smaller than is prescribed in this chapter for
the district in which it is located.
[Amended 3-11-1999 by L.L. No. 1-1999]
The storage or parking of motor homes and trailers,
including travel trailers, is prohibited in each and all of the classes
of districts enumerated in this chapter, except that temporary storage
or parking of trailers or motor homes may be conducted in public garages
or in the open within 20 feet of the rear lot line of any occupied
lot, provided that any such unit is not placed in use and the doors
thereof are kept securely locked. Mobile dwellings may not be placed
or parked at any location in any district.
[Added 12-28-1995 by L.L. No. 5-1995[1]]
Portable storage sheds shall be allowed as accessory
structures in all districts, provided that they are located within
either the side yard or rear yard of the lot, with a minimum setback
of three feet from any such lot line and no closer than 15 feet from
any other building, including another storage shed. For purposes of
this section, "portable storage shed" shall mean any structure no
larger than 10 feet by 12 feet in its floor dimensions and no more
than 10 feet in height not permanently attached to the land, which
is designed for storage use only and can be moved as a unit without
disassembling the structure.
[Added 9-7-1995 by L.L. No. 2-1995]
No person shall establish or operate a yard
for the purchase, sale or storage of junk, used automobiles, used
trucks or the parts thereof within the corporate limits of the Village,
unless such yard is located in a zone where such establishments are
expressly permitted by this chapter. All such yards, whether previously
or hereafter established, shall be operated subject to the reasonable
terms and conditions which the Board of Trustees from time to time
shall establish; and each owner or operator of such a yard shall be
required to obtain an annual permit to be known as a "junk dealers'
license." Such a permit may be obtained from the Village Board upon
the submission of a written application, the payment of any application
fee determined by resolution of the Village Board and the holding
of a public hearing by the Village Board upon not less than five days'
notice to the public.
In addition to the jurisdiction of the Board
of Appeals in appeals pursuant to the Village Law, the Board of Appeals
may in appropriate cases, subject to appropriate conditions and safeguards,
determine and vary the application of the regulations herein established
in harmony with their general purpose and intent as follows:
A.
Grant in undeveloped sections of the Village temporary
and conditional permits of not more than one year's duration for structures
and uses not permitted by this chapter in the districts in which they
are located but which are necessary or desirable for the development
of such districts.
B.
Permit the extension of an existing or proposed building
into a more restricted district.
C.
Permit in any district the erection of a community
or public garage, provided that the petitioner files the consents,
duly acknowledged, of the owners of 80% of the frontage deemed by
the Board of Appeals to be immediately affected by the proposed garage.
[1]
Editor's Note: Former § 180-23,
Off-street and public parking areas, as amended 9-7-1995 by L.L. No.
2-1995, was repealed 9-14-2006 by L.L. No. 3-2006.
[Added 9-13-1979 by L.L. No. 4-1979]
A.
In addition to the jurisdiction of the Board of Appeals
in appeals pursuant to the Village Law, the Board of Appeals shall
also have the authority to issue special permits for uses specified
in this chapter, subject to the following conditions:
(1)
Location, size of use and structure, nature and intensity
of operations involved, size of site in relation to it and location
of site with respect to streets giving access to it will be in harmony
with the orderly development of the district.
(2)
Location, nature and height of buildings, walls and
fences will not discourage the appropriate development and use of
adjacent land and buildings nor impair their value.
(3)
Operations of special use shall not be more objectionable
to nearby properties than will be operations of any permitted standard
use.
(4)
Adequate combination of public and private parking
is provided.
B.
In addition to the above standards, the following
shall apply to specific uses:
(1)
Conversion of a one-family dwelling to a two-family
or to a rooming or boarding house; multiple-family dwellings; fraternity
house; or dormitory.
(a)
Adequate off-street parking shall be provided,
this being determined by the Board of Appeals.
(b)
Internal construction plan shall be provided
to ensure firesafety.
(c)
Minimum lot area shall be that required for
a two-family dwelling plus 2,500 square feet of additional lot area
for each dwelling in excess of two.
(d)
If an existing septic system is to be used,
its suitability for the use proposed shall be certified in writing
by a licensed engineer.
(2)
Transient occupancy lodging. Special conditions and license requirements.
[Added 3-10-2022 by L.L. No. 3-2022]
(a)
Transient occupancy lodging is classified as a special use because of the potentially unpredictable intensity of use and resulting conflicts with other adjoining and nearby uses. The Zoning Board of Appeals shall review such uses under the criteria set forth in § 180-24A, and shall particularly address each application in terms of such features, which include but are not limited to, proximity to other uses and the nature of nearby uses, as well as available parking, lighting and other site features in order to minimize land use conflicts and associated adverse impacts to other residential uses.
(b)
The maximum number of persons permitted to occupy any transient
occupancy lodging facility shall be two persons per sleeping room,
with an overall maximum of eight persons, subject to available parking
for the use. The Zoning Board of Appeals may establish a lower maximum
occupancy limit under its special permit review authority if it determines
that the number of parking spaces appropriately devoted to the use
is insufficient to support the number of intended occupants without
adversely affecting adjoining property owners and/or the surrounding
neighborhood.
(c)
No recreational vehicles, campers, trailers, or motor vehicles
larger than a one-ton pickup truck may be parked upon the premises
during any transient occupancy. The number of automobiles and/or light
duty (pickup) trucks that may be parked on site in association with
any transient occupancy lodging shall be limited to the number of
off-street parking spaces on the site plan approved by the Planning
Board. No vehicles may be parked on lawns or in other areas not specifically
approved as parking spaces under the provisions of this chapter. The
Zoning Board of Appeals shall review all applications in relation
to the physical limitations of the subject premises as well as the
proximity to adjoining uses and surrounding neighborhoods to determine
the appropriate parking requirements and occupancy limits.
(d)
No transient occupancy lodging facility shall be located above
the second floor of any building unless such floor has a fire sprinkler
system or has been otherwise constructed in accordance with requirements
of applicable New York State code requirements for residential occupancy
of such floors.
(e)
Each sleeping room within a transient occupancy lodging facility
shall have affixed to the occupied side of the entrance door to the
sleeping room a written notice stating the means of egress from the
room in case of fire or other emergency, the location of means for
transmitting fire alarms, if any, and the evacuation procedures to
be followed in the event of a fire or smoke condition, or upon activation
of a fire- or smoke-detecting or other alarm device.
(f)
Dwellings and/or dwelling units used for transient occupancy
lodging shall have no exterior signs or other exterior indications
of the transient occupancy use, which shall from all exterior indications
be indistinguishable from an otherwise permitted conventional residential
use.
(g)
All transient occupancy lodging uses shall be limited to the
temporary lodging of registered guests, and no commercial activities
and no public or private parties, receptions, meetings or similar
social gatherings or events shall be permitted. Occupancy shall be
limited to the number of persons permitted under the special use permit
issued by the Zoning Board of Appeals, and the operator of the facility
shall maintain a register of all guests staying at the facility, their
permanent addresses, and the dates of their stay. This register shall
be immediately made available to the Village Code Enforcement Officer
as part of any Village investigation of any complaints regarding guest
behavior and/or to determine compliance with requirements of any special
permit issued for the facility.
(h)
Owners of permitted non owner-occupied transient occupancy lodging
facilities shall be required to have a designated property manager
who resides in such proximity to the subject premise so as to permit
him or her at all days and times to physically be at the subject premise
within 15 minutes of receiving notification of a complaint relating
to the premises. Current contact information for the designated property
manager shall be kept on file with the Village Code Enforcement Officer
and Village Clerk at all times.
(i)
Owners of transient occupancy lodging facilities must at all
times be current in the payment of all real property taxes and special
assessments and shall be responsible for complying with other applicable
legal and regulatory requirements, including, but not necessarily
limited to compliance with New York State building, property maintenance
and safety codes and registration and collection of state and local
sales taxes and County occupancy taxes. When available, applicants
shall register to have applicable taxes and fees collected and remitted
by the internet host platform.
(j)
All owners of transient occupancy lodging facilities shall provide
to the Village proof of general liability insurance against claims
for personal injury, death or property damage occurring on, in or
about the subject premises in an amount not less than $1,000,000 in
respect of personal injury or death, and in an amount of not less
than $100,000 in respect of property damage.
(k)
License required. No person, firm or entity shall own, operate
or manage a transient occupancy lodging facility in the Village of
Morrisville, nor shall any owner permit the operation of a transient
occupancy lodging facility on premises owned by him, her or it, without
a duly issued license from the Village of Morrisville to operate a
transient occupancy lodging facility. All transient occupancy lodging
facilities shall be required to obtain a license annually from the
Village Code Enforcement Officer, the original or copy of which shall
be prominently displayed in a front window of the subject residence
in such manner so that it is clearly visible from the public sidewalk,
or from the street if there is no sidewalk.
(l)
Licenses issued for transient occupancy lodging facilities shall
be valid for one year. A complete application for a license or license
renewal shall be submitted to the Code Enforcement Officer not less
than two months prior to the date the license, or renewal license,
as applicable, is to be effective. The applicant shall schedule with
the Code Enforcement Officer the necessary inspection of the dwelling
or dwelling unit not less than 30 days prior to the desired license
effective date. All applications for a special permit and license
shall include the following information:
[1]
Current and accurate site plan of the premises (as approved
by the Zoning Board of Appeals for the special permit application),
showing all property lines, building lines, driveways, sidewalks,
parking spaces, garbage and recycling storage areas, and any outbuildings
and outdoor gathering areas such as patios and decks;
[2]
Floor plans, as determined adequate by the Zoning Board of Appeals
and which need not be prepared by a licensed design professional,
for each building floor level containing rentable space, which specifically
depict all room sizes and locations, common areas, exits and other
facilities;
[3]
A copy of the recorded deed showing all current owners of the
premises, and a list of the names, home and business addresses, all
phone numbers (including home, business and cell) and email addresses
of all property owners and all property managers in the case of nonowner-occupied
facilities;
[4]
The number of permanent residents and the number of transient
residents proposed to reside on the premises (as authorized per the
conditions of the special use permit granted by the Zoning Board of
Appeals in the case of license applications), including the number
assigned to each bedroom shown on the building floor plans;
[5]
The number of all automobiles, trucks and other vehicles belonging
to the owners/permanent residents that will be parked on the premises
during periods of transient rentals, including for each such vehicle,
the make, model and year of the vehicle, license plate number; the
name and permanent address of each vehicle's local operator and its
titled owner; and
[6]
Such other information as the Code Enforcement Officer may reasonably
require for the premises in question.
(m)
All applications for a special permit and/or license to operate
a transient occupancy lodging facility shall be signed by all owners
of the premises. All applications shall include an accurate list of
all property owners within 150 feet of the subject premise, as indicated
on the most recent real property tax assessment roll, accompanied
by a statement that all such owners have been provided a copy of the
application. Each signator to the application shall swear or affirm
to the truth and accuracy of the information contained in the application.
Upon each license application and renewal application, the applicant
shall be required to pay a license administration fee to the Village
of Morrisville, which shall be determined by resolution of the Board
of Trustees.
(n)
All proposed transient occupancy lodging facilities shall be
physically inspected for proper maintenance of the premises in accordance
with Subsection B(2)(q)(1) below, and for general code compliance
prior to issuance of a license to operate the facility, and on an
annual basis thereafter prior to the issuance of any renewal license.
(o)
Upon such timely application and inspection, the Code Enforcement Officer will issue or renew, as applicable, the license upon a finding of full and proper compliance with all provisions of this chapter and all other applicable laws and standards. Upon determining that sufficient grounds exist under the provisions of Subsection B(2)(s) below, the Zoning Board of Appeals shall have the authority to revoke any such license upon application of the Code Enforcement Officer and after holding a public hearing upon any such application to revoke a license.
(p)
The total number of nights of transient occupancy of any transient
occupancy lodging facilities may not exceed 60 nights within any given
license year.
(q)
Grounds for denial or revocation of license. Any proposed or
existing transient occupancy lodging facility that is not in compliance
with the requirements of this chapter, or any other applicable laws
or standards, shall not be granted a license to operate, and, in the
event a license has been issued, such license shall be subject to
revocation, as herein provided, and the owner(s) and operator(s) of
the transient occupancy lodging facility shall be subject to such
other penalties and/or remedies as may be applicable. The existence
of any of the following conditions and circumstances shall be deemed
violations that constitute grounds for denial or revocation of a transient
occupancy lodging facility license:
[1]
Indications of improper maintenance or operation of the property
in keeping with the character of the neighborhood, and/or failure
to maintain and keep the premises in a healthy, safe and sanitary
condition, which shall include, but is not necessarily limited to:
[a]
Exposed garbage or litter on the premises;
[b]
Failure to maintain the buildings and grounds in
a neat and orderly fashion, including painting and maintenance of
exterior surfaces and windows and maintaining and trimming of grass
and other vegetation;
[c]
Parking of vehicles on or about the premises in
undesignated and/or unapproved parking areas; or
[d]
The occurrence of parties or other gatherings of
individuals upon the premises wherein the number of persons gathered
upon the premises exceeds the number of persons authorized upon the
premises under the terms of the special permit and license.
[2]
Two or more instances within any twelve-month period where a
police officer or agency, or the Village Code Enforcement Officer,
issued one or more appearance tickets or arrest warrants with respect
to acts or omissions related to the transient occupancy of the premises.
Such conduct shall include, but is not necessarily limited to, the
occurrence of any acts, incidents or events upon the premises that
constitute violations of any provision of this chapter, or any other
provision of the Village Code, and/or the New York State Penal Law.
[3]
The conviction upon any formal charges as described in the immediately preceding Subsection B(2)(q)[2] shall be prima facie evidence of improper operation of a transient occupancy lodging facility, and shall constitute grounds for immediate revocation of a license, as well as for automatic denial of a license renewal application for a period of one year following the date of license revocation or expiration, as applicable.
(r)
Upon determining the existence of one or more offending conditions
relative to the premises, the Code Enforcement Officer shall deny
the application for a transient occupancy lodging facility license
and, with respect to previously licensed transient occupancy lodging
facilities, at that time may take any action authorized by law, including,
but not necessarily limited to the following:
[1]
Impose additional conditions upon the license;
[2]
Refer the matter to the Zoning Board of Appeals to schedule
a public hearing to consider revocation of the license; and/or
[3]
Issue one or more appearance ticket or tickets for any violation(s)
of the Village Code. The Code Enforcement Officer shall be authorized
to issue an appearance ticket to any owner or operator of a transient
occupancy lodging facility operating without a valid license.
(s)
Any violation of the provisions of this § 180-24B(2) shall constitute a misdemeanor punishable by a maximum fine of $1,000, or by imprisonment for not more than six months, or by both such fine and imprisonment. Each day of continued violation shall constitute a separate and additional offense.
[Added 11-14-1996 by L.L. No. 6-1996]
A.
Applicability.
(1)
Whenever any structure is proposed to be constructed,
added to or modified in any zone, except one-family dwellings and
accessory structures or two-family dwellings and accessory structures,
or whenever any structure in a residential zone which is used in whole
or in part for nonresidential purposes is proposed to be added to
or modified, or when any existing structure in any zone is proposed
to be changed to a use other than a one-family or two-family dwelling,
which is different than its present use, the owner of the land on
which such proposed or existing structure is located shall submit
a site development plan to the Planning Board in accord with the procedures
and requirements set forth below. Upon submission of such a plan,
the Planning Board shall consider the various elements of the planned
development, including those related to parking, means of access,
screening, signs, landscaping, architectural features, location and
dimensions of buildings and adjacent land uses. No building permit
shall be issued until approval of the site development plan by the
Planning Board.
(2)
If site development is to be undertaken in stages,
the site development plan can be approved in stages.
(3)
The Planning Board, in its discretion, may waive any
of the requirements and procedures of the site development regulations
when the development is of a minor nature and full compliance with
the regulations would be burdensome and would serve no useful purpose.
For instance, the requirement of submitting a topographic map may
be waived on an existing site with no proposed changes in grade. Whenever
the proposed construction will cause a change in the Village Map,
relocation or widening of streets or construction of new streets or
utilities to be dedicated to the Village, the Village Board will conduct
a public hearing and otherwise proceed in accordance with the applicable
provisions of the Village Law.
(4)
The Village Clerk shall give notice of any application
made under this section for site development plan approval by mailing,
within 10 days following the date of filing of such application with
the Village Clerk, written notices of the substance of such application
to all the owners of land lying within a distance of 500 feet of the
exterior boundaries of the premises for which such application is
made as their names and addresses appear on the latest completed assessment
roll of the Village. It shall be the applicant's responsibility to
initially furnish such names and addresses to the Village Clerk for
verification and mailing. Notwithstanding the foregoing, failure to
comply with this notice provision shall not invalidate any action
taken by the Planning Board.
B.
Procedure.
(1)
The applicant shall submit to the Planning Board, in duplicate, a site development plan containing the information and material required by Subsection C below. At the applicant's option and election, a sketch plan may be submitted prior to a formal application for site plan review. The intent of such a conference is to enable the applicant to inform the Planning Board of his proposal prior to the preparation of a detailed site plan; and for the Planning Board to review the basic site design concept, advise the applicant as to potential problems and concerns and to generally determine the information to be required on the site plan. In order to accomplish these objectives, the applicant should provide the following:
(a)
A statement and rough sketch showing the locations
and dimensions of principal and accessory structures, parking areas,
access signs (with descriptions), existing and proposed vegetation
and other planned features; anticipated changes in the existing topography
and natural features; and, where applicable, measures and features
to comply with flood hazard and flood insurance regulations;
(b)
A sketch or map of the area which clearly shows
the location of the site with respect to nearby streets rights-of-ways,
properties, easements and other pertinent features; and
(c)
A topographic or contour map of adequate scale
and detail to show site topography. The Planning Board will arrange
for a meeting with the applicant within 30 days from the date of submission
of the sketch plan.
(2)
Within 62 days following submission of the formal
site plan review application, the Planning Board shall hold a public
hearing on the application, except that such public hearing may be
waived by the Planning Board for applications proposing no new access
or driveways or no disturbance of existing grades.
(3)
Within 62 days from the date of a completed submission,
or within 62 days following the closing of the public hearing if one
was held, the Planning Board shall take action to approve, approve
with modifications or disapprove the site development plan, and the
grounds for disapproval or required modifications shall be stated
upon the records of the Planning Board. The Planning Board shall inform
the applicant, in writing, of its action.
(4)
Approval of a site development plan shall expire six
months from the date of approval. An extension of six months may be
granted by the Planning Board upon application. Such application for
extension may be approved for good cause shown.
(5)
The Planning Board may, in its sole discretion, require
a performance bond or certified check or other adequate security in
an amount to be determined by the Planning Board as sufficient to
cover the cost of installation of any required infrastructure and
improvements to guarantee that the premises, building and grounds
will be developed in conformity with the site development plan as
approved by the Planning Board before issuance of a building permit.
(6)
The developer shall complete, in accordance with the
Planning Board's decision, to the satisfaction of the Village Code
Enforcement Officer and any other official or body authorized by law
to act on behalf of the Village, all the improvements required for
issuance of site plan approval not specifically waived by the Planning
Board.
(7)
The Planning Board shall require a certificate from
a licensed professional engineer as to the satisfactory character
of any infrastructure improvements completed and an opinion from the
Village Attorney as to the adequacy of any bond or other security
which may be required. The developer shall tender offers of cession,
in a form certified as satisfactory by the Village Attorney, of all
land included in streets, highways or parks not specifically reserved
by the developer, but approval of the site development plan by the
Planning Board shall not constitute an acceptance by the Village of
the dedication of any street, highway, utility, park or other public
open space.
(8)
The Code Enforcement Officer may grant the applicant
a building permit only following final approval of the site development
plan by the Planning Board and filing of such site development plan
with the Village Clerk.
(9)
In the event of disapproval of the site development
plan, the grounds for such disapproval shall be stated in the records
of the Planning Board, and a copy of the decision shall be sent to
the applicant.
C.
Site development plan requirements. The information
to be submitted and which constitutes a site development plan is as
follows:
(1)
Existing conditions data, except where otherwise specified
by the Planning Board.
(a)
Land title deed description according to current
official records and any covenants, deeds or special restrictions
on the land.
(b)
Names of owners of record of all adjoining property
within 500 feet of all boundaries of the property.
(c)
Present zoning of the property and adjoining
parcels.
(d)
Survey of property boundaries, noting all pertinent
bearings and distances, acreage, scale, North point, datum, benchmarks
and date of survey, made and certified by a licensed land surveyor.
The survey shall be prepared at one of the following scales: zero
to 10 acres, one inch to not more than 50 feet; or 10 or more acres,
one inch to not more than 100 feet. The survey shall include, where
applicable and to true scale, dimensions, name, size and purpose of
public and private easements, public rights-of-way, sanitary and storm
utilities and services for the property. If no utilities or services
exist on the property, the direction, distance and size to the nearest
utilities or services will be shown.
(e)
Location of existing buildings or other structures
and all trees.
(f)
Topographic survey of the property. For land
that slopes less than 2%, show spot elevations at all breaks in grade,
along all drainage channels or swales and at selected points not more
than 50 feet apart in all directions; for land that slopes 2% or more,
show contours with an interval of not more than two feet with spot
elevations at tops and toes of all slopes. The survey will also show
the location and extent of watercourses, marshes, rock outcrops, wooded
areas and other significant man-made or natural features.
(2)
Site development data.
(a)
Proposed land use and location of structures.
(b)
Proposed vehicular and pedestrian circulation,
including off-street parking areas and capacities and loading areas.
(c)
Proposed planting, screening and lighting.
(d)
If the development is to be undertaken in stages,
show intended construction sequences.
(e)
Location and size of all proposed public and
private utilities and services.
(f)
Proposed grading of the site, showing existing
contours as required and spot elevations necessary to show the proposed
drainage plan.
(g)
Proposed floor plans and exterior elevations
drawn to scale. Elevations shall include finished grades around the
building; all architectural features, including doors, windows, lights,
signs and equipment; and other pertinent information. Submission shall
also include a roof plan showing all proposed utility equipment, typical
sections, sight-line drawings or other drawings as required to clearly
describe the proposed building; samples of exterior materials; and
any other information as deemed necessary by the Planning Board to
evaluate a building's architectural features.
(h)
Areas for parks, playgrounds and/or other recreational
uses as may be deemed necessary by the Planning Board.
D.
Optional preliminary site plan submittal.
(1)
If at the sketch plan conference the Planning Board
determines that the plan is of an uncomplicated nature, presents no
impacts on existing neighboring uses and there are no constraining
physical or environmental features of the site, the Planning Board
may approve the submission of a site plan in accordance with this
subsection rather than § 180-24C.
(2)
Required attachments (three copies of each), shall
be as follows:
(a)
Tax map section(s) covering application property
and surrounding parcels to a distance of 500 feet.
(b)
Preliminary site plan, with accurate dimensions
done to a specified scale. Such a plan shall show:
[1]
Scale at which it is drawn and direction of
north;
[2]
Location and dimensions (to include setbacks
from property lines) of existing and proposed buildings;
[3]
Location, layout and dimensions of parking area
and driveway(s);
[4]
Location of available utilities hookups or access;
[5]
Location of well and on-site sewage disposal
system (if used);
[6]
Location of any proposed outdoor storage;
[7]
Location and description of any fencing or vegetative
screening;
[8]
Location and description of any outdoor lighting;
[9]
Direction(s) of slope of land;
[10]
Location of all footer drains, roof drains,
streams, ditches, catch basins, retention/detention ponds;
E.
Final approval of site development plan. The information
to be submitted prior to final approval of the site development plan
is as follows:
(1)
The plan shall be prepared by a licensed architect,
licensed engineer or licensed land surveyor and printed upon linen
or canvas-backed paper and must be either 8 1/2 inches by 11
inches, 8 1/2 inches by 14 inches, 17 inches by 22 inches, 22
inches by 34 inches or 34 inches by 44 inches in size.
(2)
All changes and additional material as required by
the Planning Board must be shown on the plan to be approved.
(3)
Upon approval of a final site development plan, at
least two copies of the plan shall be signed by the Planning Board
Chairman and retained by the Village.
F.
Findings required. The Planning Board, after determining
that all requirements of this section dealing with the site development
plan have been met, shall approve or disapprove the site development
plan. In the disapproving of any site development plan, the Planning
Board shall enter its reasons for such action in its records. The
Planning Board may approve of a site development plan, provided that
it is established that:
(1)
Any exception to the requirements of this chapter
is warranted by the design and amenities incorporated in the site
development plan.
(2)
The location and size of the use, the nature and intensity
of the operations involved in and conducted in connection with it
and the size with respect to existing and proposed streets giving
access to it are such that it shall be in harmony with the appropriate
and orderly development of the district in which it is located.
(3)
The location, architectural features, nature and height
of buildings, walls and fences and the nature and extent of the landscaping
on the site are such that the use will not hinder or discourage the
appropriate development and use of adjacent land and buildings.
(4)
Where required, off-street parking areas and loading
spaces shall be of adequate size for the particular use, properly
located and suitably screened from adjoining residential uses, if
any, and the entrance and exit drives shall be laid out so as to achieve
maximum safety.
(5)
Existing and proposed utility services are adequate
for the proposed development as determined by the Village Engineer.
(6)
Streets and sidewalks shown on the site development
plan conform to Village specifications.
(7)
The proposed development does not pose any threat
to the Village's groundwater source.
(8)
Each stage of the proposed development, as it is proposed
to be completed, must contain the required parking spaces, planting,
screening and lighting of utility areas necessary for creating a desirable
environment and as approved by the Planning Board.
(9)
The development of the site shall be completed within
the time specified by the Planning Board.
G.
Architectural features.
(1)
The Village of Morrisville hereby finds that inappropriateness
and unacceptable quality of design, including excessive uniformity
or dissimilarity in the exterior appearance of buildings or other
structures erected or altered in the Village, can adversely affect
the desirability of the immediate area and neighboring areas and,
by so doing, can impair the benefits of occupancy of existing property
in such areas, can impair the stability and value of both improved
and unimproved real property in such areas, can prevent the most appropriate
development and use of such areas, can produce degeneration of property
in such areas with attendant deterioration of conditions affecting
the health, safety, comfort and general welfare of the inhabitants
thereof and can contribute to the diminution of the taxable value
of real property in such areas and their ability to support municipal
services provided therefor.
(2)
It is a purpose of this section and related provisions
to prevent these and other harmful effects of such exterior appearance
of buildings and other structures erected or altered in the Village
and, thus, to promote the health, safety, comfort and general welfare
of the community, to conserve the value of buildings and to encourage
the most appropriate use of land within the Village.
(3)
With specific reference to the architectural features
of a proposed site development plan, it shall be the duty of the Planning
Board to take into consideration the advice and recommendations of
the Village Historic Preservation Commission and otherwise to exercise
aesthetic judgment and maintain the desirable character of the Village
and prevent construction, reconstruction, alteration or demolition
out of harmony with the existing buildings insofar as style, material,
color, massing, line and detail are concerned; to discourage degeneration
of property to safeguard public health, safety and fire prevention;
and to promote and preserve the beauty and historic character of the
Village.
(4)
In the event that the Planning Board recommends disapproval of any site development plan due to architectural features, it must find that the structure or building which is the subject of the application would, if erected or altered, cause or contribute to one or more of the harmful effects set forth in Subsections G(1) and (2) of this subsection by reason of:
(a)
Excessive similarity to any other structure
existing or for which a permit has been issued, facing the same or
intersecting street and within 500 feet of the proposed site, as measured
along center lines of streets, in respect to one or more of the following
features of exterior design and appearance:
[1]
Apparently identical front, side or other elevation
from the street.
[2]
Substantially identical arrangement of either
doors, windows, porticoes, garages, chimneys or other openings or
breaks in the elevation facing the street.
[3]
Other significant identical feature of design,
such as but not limited to material, colors, roof line or other design
elements, provided that a finding of excessive similarity shall state
not only that such excessive similarity exists, but that it is of
such a nature as to be reasonably expected to provoke one or more
harmful effects.
(b)
Excessive dissimilarity or inappropriateness
in relation to any other structure existing or for which a permit
has been issued, facing upon the same or intersecting street and within
500 feet of the proposed site as measured along center lines of streets,
in respect to one or more of the following features of exterior design
and appearance:
[1]
Materials and colors.
[2]
Roof structures, chimneys or exposed mechanical
equipment.
[3]
Gross floor area.
[4]
Height of building or structure.
[5]
Cubical contents.
[6]
Other significant dissimilar or inappropriate features of design, provided that a finding of excessive dissimilarity or inappropriateness shall state not only that such excessive dissimilarity or inappropriateness exists, but that it is of such a nature as to be reasonably expected to provoke one or more of the harmful effects set forth in Subsections G(1) and (2) of this section and that the finding is not based on personal preference as to taste or choice of architectural style.
H.
Parks, open spaces and natural features. Areas for
parks, playgrounds and other recreational uses shall be of reasonable
size. No arbitrary percentage of area shall be insisted upon by the
Planning Board, but in general, an applicant should set aside not
less than 10% of the development area for these purposes. If the Planning
Board determines that suitable parks, playgrounds or other recreation
areas cannot be practically located on a site development plan, the
Planning Board may require a payment to the Village for such park
or recreational purposes. The Planning Board shall determine the amount
of such payment.
I.
Documentation. The applicant shall submit to the Planning
Board originals and copies of the application, site plan and other
supporting data required under this section in such number, format
and content as may be determined from time to time by the Planning
Board.
[Added 8-18-2003 by L.L. No. 2-2003]
The following criteria shall be considered in
determining whether or not a group of unrelated persons is a functional
family unit as defined in this chapter:
A.
The occupants must share the entire dwelling unit.
A dwelling in which the various occupants act as separate roomers
is not deemed to be occupied by a functional family unit.
B.
The household must have stability with respect to
the purpose of these regulations. Evidence of such stability may include
the following:
(1)
The presence of dependent persons regularly residing
in the household.
(2)
Proof of the sharing of expenses for food, rent or
ownership costs, utilities and other household expenses.
(3)
The various occupants have the same address for purpose
of voter registration; driver's license; motor vehicle registration;
and/or filing of taxes.
(4)
Common ownership of furniture and appliances among
the various occupants.
(5)
Enrollment of dependents in local public schools.
(6)
Employment of occupants in the local area.
(7)
A showing that the household has been living together
as a unit for a year or more, whether in the current dwelling or other
dwelling.
(8)
Any other factor reasonably related to whether or
not the group of persons is the functional equivalent of a family.
[Added 8-18-2003 by L.L. No. 2-2003]
A.
No fence or wall shall be constructed except upon
the prior issuance of a building permit by the Code Enforcement Officer.
B.
On properties upon which the principal use is a one-
or two-family dwelling, no fence or wall or planting shall be constructed
or planted less than two feet from the property line. For all other
principal uses, fence locations relative to side and rear yards shall
be as determined by the Planning Board upon site plan review.
C.
No fence, wall or planting shall be placed or maintained
which interferes with the safe movement of vehicular or pedestrian
traffic or the removal and storage of snow from within the street
boundaries. No fence, wall or planting shall be closer than three
feet to any street boundary.
D.
On properties upon which the principal use is a one-
or two-family dwelling, no fence or wall shall exceed eight feet in
height in any rear or side yard, and shall not exceed four feet in
height in any front yard. For all other principal uses, fence height
shall be as determined by the Planning Board upon site plan review.
E.
Any fence or wall that is constructed shall have the
finished side facing the adjoining property.
[Added 1-6-2015 by L.L. No. 1-2015]
A.
Application fees shall be charged and paid for the issuance of building
permits and for the submission of applications to the Board of Trustees,
Planning Board and/or Zoning Board of Appeals for variances, site
plan approval, special permits and/or amendments to the Zoning Code
and/or Zoning Map in order to reasonably defray the administrative
expenses of the Village in processing such applications. Such application
fees shall be determined by resolution of the Village Board of Trustees,
which shall be authorized to modify said application fees from time
to time by further resolution.
B.
An application involving more than one application simultaneously
submitted to the Board of Trustees, Planning Board and/or Zoning Board
of Appeals under the provisions of this chapter shall require payment
of only the highest applicable fee, except that such fee shall be
in addition to any fees required for land subdivision applications.
An application shall not be complete and acceptable for review until
the required application fees are paid.
[Added 1-6-2015 by L.L. No. 1-2015]
A.
Legislative findings, intent and purpose.
(1)
The Board of Trustees hereby finds and determines that in order to
protect and safeguard the Village of Morrisville, its residents and
their property with respect to certain land developments and projects
within the Village, all buildings and related improvements, highways,
drainage facilities, utilities and parks within developments and projects
should be designed and constructed in a competent and workmanlike
manner and in conformity with all applicable governmental laws, codes,
rules and regulations and should be dedicated and conveyed to the
Village in a legally sufficient manner. To ensure the foregoing, it
is essential for the Village to have and to retain competent engineers
and other professional consultants to review and approve plans and
designs, make recommendations to the Village Board, Planning Board
and Zoning Board of Appeals, inspect the construction of highways,
drainage facilities, utilities and parks to be dedicated to the Village
and to recommend their acceptance by the Village; and for the Village
to have and retain competent attorneys to assist in the application
review process, to negotiate and draft appropriate agreements with
developers, to obtain, review and approve necessary securities, insurance
and other legal documents, to review proposed deeds and easements
to ensure that the Village is obtaining good and proper title, to
render legal opinions and to generally represent the Village with
respect to any legal disputes and issues which may arise regarding
such developments and projects. The cost of retaining such competent
engineers, attorneys and other professional consultants should ultimately
be paid by those who seek to benefit from such developments and projects,
including variances, subdivision approvals, site plan approvals, special
permits or uses rather than by general Village funds which are raised
by assessments and/or general taxes paid by taxpayers of the Village.
(2)
This chapter and section are enacted under the authority of Municipal
Home Rule Law § 10, Subdivision 1(ii)(a)(12) and (d)(3),
and the Municipal Home Rule Law § 22. To the extent that
Village Law §§ 7-718, 7-715-a, 7-725-b, 7-728, 7-730,
7-732, 7-712, 7-712-a, and 7-712-b do not authorize the Village Board,
Village Planning Board and/or the Village Zoning Board of Appeals
to require reimbursement to the Village of legal, engineering and
other professional consulting fees, expenses and costs incurred by
the Village in connection with the review and consideration of applications
for subdivision approval, for the approval, amendment or extension
of a district and/or for the review and consideration of applications
for approval of variances, site plans and/or special permits under
the Village's Zoning code, it is the expressed intent of the Board
of Trustees to change and supersede such statutes. More particularly,
to the extent that such statutes do not authorize the deferral or
withholding of such consideration, review, acceptance or approvals
in the event that such fees, expenses and costs are not paid to the
Village, it is the expressed intent of the Village Board to change
and supersede Village Law §§ 7718, 7-715-a, 7-725-b,
7-728, 7-730, 7-732, 7-712, 7-712-a, and 7-712-b to empower the Village
to require such payment as a condition to such consideration, review,
acceptance or approvals.
B.
When reimbursement required.
(1)
Subdivisions.
(a)
An applicant for approval of a subdivision in the Village shall
reimburse the Village for all reasonable and necessary legal, engineering,
and other professional consulting fees, expenses and costs incurred
by the Village in connection with the review and consideration of
subdivisions that involve the construction of streets, sidewalks,
drainage facilities and/or water, sewer or other public utilities.
(b)
A developer who constructs or proposes to construct one or more
highways, drainage facilities, utilities or parks within or in conjunction
with an approved subdivision in the Village shall reimburse the Village
for all reasonable and necessary legal, engineering and other professional
consulting fees, expenses and costs incurred by the Village in connection
with the inspection and acceptance by the Village of such highways,
drainage facilities, utilities and parks and the dedication of the
same to the Village.
(2)
An applicant or developer making application for the approval of
a site plan, or a special permit or seeking approval of an application
for a variance or amendment of the Zoning Code and/or Zoning Map,
shall reimburse the Village for all reasonable and necessary legal,
engineering and other professional consulting fees, expenses and costs
incurred by the Village in connection with the review and consideration
of such application when such services are requested by the Board
reviewing the application or the Code Enforcement Officer, and approved
by the Board of Trustees. The provisions of this subsection shall
not be applicable to applicants seeking approvals solely for the construction
and/or modification of a single one- or two-family residence and/or
structures accessory thereto.
C.
Deposit of funds; payment of fees.
(1)
Upon the determination of the Board of Trustees to seek professional
guidance and services in connection with a request for approval of
a development or the filing of an application for approval of a variance,
site plan approval, special permit or an amendment to the Zoning Code
and/or Zoning Map, the applicant or developer, as the case may be,
shall execute a "Professional Fees and Administrative Costs Payment
Agreement" in substantially the form set forth in Attachment 3 at
the end of this chapter,[1] and shall deposit with the Village Treasurer a sum of
money, as determined in accordance with the schedule of deposits fixed
by the Village Board pursuant to this section, which sum shall be
used to pay the reasonable and necessary fees, expenses and costs
incurred by the Village for legal, engineering and other professional
consulting services as described herein.
[1]
Editor's Note: Said attachment is on file in the Village offices.
(2)
Upon receipt of such sums, the Treasurer shall cause such monies
to be placed in a non-interest-bearing trust and agency account in
the name of the Village and shall keep or cause to be kept a separate
record of all such monies so deposited and the name of the applicant
or developer and the application and development for which such sums
were deposited.
(3)
Upon receipt and approval by the Treasurer of itemized invoices or
vouchers from an attorney, engineer and/or other professional consultant
for services rendered on behalf of the Village pertaining to the development
or the application for a variance, site plan approval or special permit,
the Treasurer shall cause such vouchers to be paid out of the monies
so deposited and shall debit the separate record of such account accordingly.
The Treasurer shall furnish copies of such vouchers to the applicant
or developer upon request.
(4)
The Treasurer, on behalf of the Village and subject to audit and
review by the Village Board, shall review and audit all such vouchers
and shall approve payment of only such legal, engineering, and/or
other professional consulting fees, expenses and costs as are reasonable
in amount and necessarily incurred by the Village in connection with
the review, consideration and approval of developments, the inspection
and acceptance of highways, drainage facilities, utilities and parks
within or in conjunction with such developments, and the review, consideration
and approval of applications for variances, site plan approval, special
permits and amendments to the Zoning Code and/or Zoning Map. For purposes
of the foregoing, a fee or part thereof is reasonable in amount if
it bears a reasonable relationship to the average charge by engineers
or attorneys to the Village for services performed in connection with
approval or construction of a similar development of project, and
in this regard the Village may take into consideration the size, type,
value and number of buildings to be constructed, the amount of time
to complete the development or project, the topography of the land
on which such development is located, soil conditions, surface water,
drainage conditions, the nature and extent of highways, drainage facilities,
utilities and parks to be constructed and any special conditions or
considerations the Village may deem relevant. For purposes of the
foregoing, a fee, expense or cost, or part thereof is necessarily
incurred if it was charged by the attorney, engineer or other professional
consultant for a service which was rendered in order to protect or
promote the health, safety or other vital interests of the residents
of the Village, protect public or private property from damage from
uncontrolled surface water runoff and other factors, to ensure the
proper and timely construction of highways, drainage facilities, utilities
and parks and otherwise to protect the legal interests of the Village,
including receipt by the Village of good and proper title to dedicated
highways and other facilities and the avoidance of claims and liability
and such other interests as the Village may deem relevant or to ensure
the proper and timely review and consideration of an application for
a variance, site plan approval or a special permit.
(5)
If at any time during or after the processing of such application
or the construction, inspection or acceptance of buildings, highways,
drainage facilities, utilities or parks or during or after the processing
of an application for a variance, site plan approval, certificate
of compatibility, or special permit there shall be insufficient monies
on hand to the credit of such applicant or developer to pay the approved
vouchers in full, or if it shall reasonably appear to the Treasurer
that such monies will be insufficient to meet vouchers yet to be submitted,
the Treasurer shall cause the applicant or developer to deposit additional
sums as the Treasurer deems reasonably necessary or advisable in order
to meet such fees, expenses and costs or anticipated fees, expenses
and costs.
(6)
In the event that the applicant or developer fails to deposit such
funds or such additional funds, the Treasurer shall notify the Village
Board and, as applicable, the Chair of the Planning Board, the Chair
of the Zoning Appeals Board, and the Village's Zoning and Code Enforcement
Officer of such failure, and any review, approval, building permit
or certificates of occupancy shall be withheld by the appropriate
board, officer or employee of the Village until such monies are deposited.
(7)
After final approval, acceptance and/or the issuance of a certificate
of occupancy relating to any specific development, or any requested
variance, site plan approval or special permit and/or amendment to
the Zoning Code and/or Zoning Map, and after payment of all approved
vouchers submitted regarding such development or application, any
sums remaining on account to the credit of such applicant or developer
shall be returned to such applicant or developer, along with a statement
of the vouchers so paid.
D.
Deposit amounts. The amount of the initial deposit for the various
developments and/or applications covered by this section shall be
as set forth in a schedule of deposits established from time to time
by resolution of the Village Board. The schedule shall remain in effect
and shall apply to all applicants and developers until amended or
revised by subsequent resolution of the Village Board.
E.
Application fees. The deposits required by this local law shall be in addition to any application fees as may be required by § 180-28 of this chapter and any other laws, rules, regulations or ordinances of the Village of Morrisville, the County of Madison, the State of New York or of any other body having jurisdiction with respect to a development, drainage facility, highway, utility or park or to an application for a variance, site plan approval, special permit and/or amendment to the Zoning Code and/or Zoning Map, and shall not be used to defray either the Village's general expenses for legal, engineering or other professional consulting fees, expenses or costs for the several boards of the Village or its general administration expenses.
F.
Severability. If any clause, sentence, paragraph, subdivision or
part of this section shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not impair or invalidate the remainder
thereof but shall be limited in its operation to the clause, sentence,
paragraph, subdivision, section or part thereof directly involved
in the proceeding in which such judgment is rendered.
[Added 8-6-2015 by L.L.
No. 4-2015]
A.
The placement,
deposit, burial or dumping of waste organic material is prohibited
within the Village. Inorganic rock, stone, sand, soil, cinders and
inorganic, nonhazardous construction debris such as concrete may be
placed and/or buried on a lot only in accordance with a site plan
and grading plan approved by the Planning Board and the Village Engineer,
or as otherwise authorized under this section. This section shall
not be deemed to prohibit the placement of topsoil or mulch materials
in conjunction with typical lawn seeding and landscaping activities,
which shall not be considered land filling activities under this section,
as long as such seeding and landscaping activities do not adversely
affect stormwater drainage on adjoining or other lots.
B.
Notwithstanding the provisions of Subsection A above, the approval of the Planning Board and Village Engineer shall not be required, and only a written permit issued by the Zoning Enforcement Officer shall be required for land fill that does not exceed 40 cubic yards, except where such fill is generated by on-site earthwork and regrading in connection with a building or site construction project otherwise requiring site plan approval from the Planning Board. Prior to issuing any such permit, the Zoning Enforcement Officer shall determine that:
(1)
The
total amount of fill does not exceed 40 cubic yards, and the final
grading of all such materials will not create a dangerous condition
or be a detriment to adjoining and other properties.
(2)
The
minimum distance from any edge of a land fill area to any creek bank
or wetland edge is more than 100 feet. Adequate erosion controls and
sedimentation traps shall be installed in any area which may impact
on any creek bank, wetland or adjoining lot.
(3)
The
placement of the land fill will not adversely modify or impair drainage
to, from, or on any adjoining lot.
[Added 9-8-2016 by L.L.
No. 6-2016]
In any district, a permitted use may be constructed on a lot
which does not conform to minimum lot area and/or minimum lot width
and lot depth requirements for the use if the lot existed on the effective
date of these regulations or on the date of any amendment of these
regulations and such adoption or amendment renders such lot a nonconforming
lot, further provided that:
A.
If the owner of said nonconforming lot owns any adjoining undeveloped
lot(s), the nonconforming lot shall be joined with all or subdivided
portions of such adjoining lot(s) to create a conforming lot or to
mitigate the nonconforming condition.
B.
Any use constructed on a nonconforming lot shall have yard depths
conforming to the minimum requirements of the district in which it
is located.
[Added 9-8-2016 by L.L.
No. 6-2016]
Except as otherwise provided herein, the lawful use of any land,
buildings and other structures which existed on the effective date
of these regulations may be continued whether or not conforming to
these regulations, but such use may not be expanded or modified except
as authorized under the provisions of this chapter.
[Added 9-8-2016 by L.L.
No. 6-2016]
Any use which does not conform to these regulations or which
becomes nonconforming as a result of any amendment of these regulations
may only be modified as follows:
A.
Except as otherwise provided herein, nonconforming structures may
continue to exist and to be maintained and repaired.
B.
Alterations or additions to a nonconforming structure may be made
upon approval by the Planning Board and issuance of a building permit
only to the extent that such alterations or additions do not significantly
increase the impact of the nonconformity on adjoining lots, and only
to the extent that any nonconforming use related to such structure
is not significantly expanded. In general, and by way of illustration
and not exclusion, an extension of a portion of a structure which
maintains an existing nonconforming yard depth may be approved by
the Planning Board, but an extension which further reduces an existing
nonconforming yard depth may not be approved by the Planning Board.
C.
Nonconforming structures may be repaired and restored to their former
condition after damage by fire or other casualty loss, provided that
the nonconformity shall not be increased, and that construction shall
commence within one year of the casualty loss. After the expiration
of this period, the structure may only be repaired or restored to
a conforming condition.
D.
A nonconforming use, if changed to a conforming use, shall not subsequently
be changed back to a nonconforming use.
E.
A nonconforming use of a structure shall generally not be changed
to another nonconforming use. However, upon application, the Planning
Board may grant a waiver for a change to a comparable or more restrictive
use classification upon a finding by the Planning Board that the proposed
nonconforming use will have a lesser impact on surrounding properties
than the existing nonconforming use. In its determination, the Planning
Board shall consider parking demand, pedestrian and vehicular traffic
volume, intensity of use, hours of activity, noise levels, whether
the existing nonconforming condition may have resulted from an amendment
of these regulations, and any other factors it considers to be relevant
under the circumstances. The Planning Board shall have absolute discretion
in this matter, and nothing herein is intended to afford any special
status or rights to a change from one nonconforming use to another
nonconforming use. The Planning Board may elect to hold a public hearing
on such a change.
F.
Any nonconforming use of a structure or land which has ceased for a period of one year shall be deemed abandoned and may not be resumed, and thereafter such structure or land shall be used only in conformity with these regulations. The provisions of Subsection E, above, shall not be applicable with respect to an abandoned nonconforming use.
G.
No modification of a structure, whether an addition or an internal
renovation, which increases the floor area devoted to an otherwise
conforming use shall be made if such modification introduces or increases
the degree of nonconformity with respect to off-street parking requirements.
[Added 11-9-2023 by L.L. No. 3-2023]
A.
The following regulations shall apply to the operation of all smoke
shops and tobacco stores:
(1)
Smoke shop and tobacco store locations may only operate Monday through
Saturday between the hours of 8:00 a.m. and 8:00 p.m.
(2)
Where the use in a zoning district for retail store would require
site plan approval by the Planning Board, approval by the Zoning Board
of Appeals, a special use permit, or any other approval, such requirement
or requirements shall also apply to smoke shops and tobacco stores.
(3)
It shall be unlawful for a smoke shop or tobacco store to knowingly
allow or permit a minor, not accompanied by his or her parent or legal
guardian, to enter or remain within any smoke shop and tobacco store.
(4)
Smoke shops and tobacco stores shall post clear signage stating that
minors may not enter the premises unless accompanied by a parent or
legal guardian. One said sign, measuring approximately 144 square
inches, shall be placed in a conspicuous location near each public
entrance to the smoke shop or tobacco store. It shall be unlawful
for a smoke shop or tobacco store to fail to display and maintain,
or fail to cause to be displayed or maintained, such signage.
(5)
Attention-getting devices including, but not limited to, LED signs,
flashing lights, flags, and banners which display or reference tobacco,
tobacco paraphernalia, or tobacco products shall be prohibited outside
of the structure. When such attention-getting device is located inside
the structure, it shall not be readily visible from the public right-of-way.
(6)
No smoke shop or tobacco store shall include any activity as defined
and regulated by the New York State Department of Health, Volume A
(Title 10), Part 14 - Food Service Establishments.
(7)
No premises shall be used for the recreational sale or use of marijuana
and related products, without all applicable licenses, and in strict
compliance with any applicable governmental regulations.
B.
Smoke shops and tobacco stores shall be allowed within the Village
subject to the following conditions:
(1)
Smoke shops and tobacco stores shall be a permitted use, only upon issuance of a special permit by the Zoning Board of Appeals, in, and only in, any zoning district of Chapter 180 of the Code of the Village of Morrisville that allows retail stores, not including home occupations, provided that:
(a)
No smoke shop or tobacco store shall be permitted within 1,500
feet of another smoke shop or tobacco store, regardless of the zoning
district in which such existing use is located.
(b)
No smoke shop or tobacco store shall be permitted within 500
feet of a school, nursery school, daycare, playground, public library,
municipal park, or other similar uses where children regularly gather.
(c)
No smoke shop or tobacco store shall be permitted within 500
feet of a single-family or two-family dwelling.
(d)
No smoke shop or tobacco store shall be permitted within 500
feet of a house of worship.
(2)
Said distances shall be measured from property line to property line.
