Legislative intent. In accordance with § 7-703 of the Village Law of the State of New York, the Village Board is empowered to provide for a system of zoning incentives, as the Village Board deems necessary and appropriate, consistent with the purposes and conditions set forth in this chapter. This section would provide incentives to property owners to encourage improvements to the lands and buildings contained within the Arts District as defined in § 250-22.2 and thus encourage the creation of art and cultural resources within the Village.
Persons working in all art forms and mediums, including,
but not limited to, painters, sculptors, authors, screenwriters, playwrights,
filmmakers, dancers, potters, weavers, jewelers, exhibitors, printers,
costumers, musicians and photographers.
Application of incentive zoning provisions. If land or buildings contained within the Arts District contain amenities to advance the arts and cultural policies of the Village in accordance with the objectives of its Comprehensive Plan, the Village Planning Board (hereinafter "Planning Board") may permit the following incentives if the owner of such land or building(s) obtains conditional use approval in accordance with § 250-51 of this chapter.
The location of the Arts District shall be bordered
on the north by the intersection of East Main Street and Main Street,
extending in a southerly direction on both sides of Main Street to
its intersection with Myrtle Avenue, and shall consist of lots existing
within that area that front on Main Street.
The Arts District as described above shall be an overlay zone, comprising as it does properties situated in the RO and C-1 Districts. In addition to the uses set forth in § 250-16 with respect to buildings and premises within the RO District and § 250-18 with respect to buildings and premises within the C-1 District, cultural centers, galleries and studios for artists as defined in § 250-52.2C above shall be conditional uses subject to the approval of the Planning Board and procedures as set forth in § 250-51 of this chapter.
As part of an application for a conditional use permit for a cultural center, gallery or studio, or subsequent to the issuance of a conditional use permit for such uses, the applicant may apply for incentives as set forth in § 250-52.2E of this chapter. Applications for incentives in exchange for amenities shall be submitted to the Planning Board. In order for the Planning Board to evaluate the adequacy of the amenities proposed and the requested incentive, the applicant shall provide the following information:
Demonstrates that there is adequate sewage disposal,
water, transportation, drainage, trash disposal, electricity and fire
protection facilities available to the subject site on which the proposal
is located to accommodate the additional demands generated by the
incentive and amenity;
All applicable requirements of the State Environmental
Quality Review (SEQR) Act shall be complied with as part of the review
and hearing process for the requested incentives. In addition to other
information that may be required as part of an environmental assessment
of the proposal, the assessment shall include verification that the
zoning district in which the proposal is to be located has sufficient
sewage disposal, water, transportation, waste disposal and fire protection
facilities to:
Serve the remaining vacant land in the district
as though it were developed to its fullest potential under the district
regulations in effect at the time of the amenity/incentive proposal;
and
Following the hearing required by § 250-51 of this chapter, and in addition to compliance with all SEQR requirements, the Planning Board shall, before taking action, refer the proposal for review and comment to other governmental agencies as may be required and to other agencies as it may deem necessary to insure a thorough and complete review of the proposal. In order to approve an amenity/incentive proposal, the Planning Board shall determine that the proposed amenity provides sufficient public benefit to provide the requested incentive. Thereafter, the Planning Board is authorized to act on an application for preliminary approval pursuant to the Village of Port Jefferson Zoning Ordinance.
Upon final plan approval, the Village Clerk
shall affix a reference to the Official Zoning Map that the development
of this site was approved under the Village's incentive zoning provisions
and include a reference to the date such action was taken.
Any approval for an incentive shall be conditioned
upon the applicant paying to the Village the sum of $500 plus 1% of
the project cost, which sum shall be deposited into a dedicated fund
for the purpose of providing amenities to aid the Arts District.
If a court of competent jurisdiction finds any
provisions of this section invalid, in whole or in part, the effect
of such decision shall be limited to those provisions which are expressly
stated in the decision to be invalid, and all other provisions of
the section shall continue to be separately and fully effective.
If a court of competent jurisdiction finds the
application of any provision of this section to any building, other
structure or tract of land to be invalid, in whole or in part, the
effect of such decisions shall be limited to the person, property
or situation involved in the controversy, and the application of any
such provision to any other person, property or situation shall not
be affected.
If any clause, sentence, paragraph, word, section
or part of this section shall be adjudged by any court of competent
jurisdiction to be unconstitutional, illegal or invalid, such judgment
shall not affect, impair or invalidate the paragraph, word, section
or part thereof directly involved in the controversy in which such
judgment shall have been rendered.