Document cayugacounty_gov_doc_6b4a47ccab

Local Law Filing NEW YORK STATE DEPARTMENT OF STATF, 41 STATE STREET, ALBANY, NY 12231 Town (Use this form to file a local law with the Secretary of State.) STmofmrn^emd Pit ED DEC 24 200! 2001 RECORDS Local Law No. - ofthe yearlS-flVy^ Text of law should be given as amended. Do not include matter being eiiminated and d italics or underlining to indicate new matter. C«H»^ CMx y_i9i?s • Alocallaw ?.9nil?-S.i'aw.oX.ihe__T^^^^ ^fiYHil^ New York (Insert TitU) Be it enacted by the (Neme efL B»dy) of thi cmm CiXKX „f Victory ViHMgS[ as follows; See Attached (If additional space is needed, attach pages the same size as this sheet, and number each.) - DOS-239 (Rev. 2/98) i ---PAGE BREAK--- (Complete the certification in the paragraph that applies to the filing of this local law and strilce out that which is not applicable.) 1. (Final adoption by iocai legislative body oniy.) I hereby certify that the local law annexed hereto, designated as local law No of was duly passed by the accordance with the applicable provisions oflaw. ofthe ((Zmmi^^)CVown)Qmm^ of —Yictory, was duly passed by the foW.Boaxd„^ on-5ecembQ:..lpp2001^ji (Name ofLegislaiive Body) (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 of the (County)(City)(Town)(Village) of was duly passed by the - on 19 — , and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the - and was deemed duly adopted on 19—, (Elective Chief Executive Officer*) in accordance with the applicable provisions of law. ^ (Finai adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No of 19 ofthe (County)(City)(Town)(Village) of was duly passed by the - on 19— , and was (approved)(not approved)(repassed after (Name ofLegislaiive Body) disapproval) by the on 19— . Such local law was submitted (Elective Chief Executive Officer*) to the people by reason ofa (mandatory)(permissive) referendum, and received the affirmative vote ofa majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 19-— , in accordance with the applicable provisions of law. M. (Subject to permissive referendum and flnal adoption because no valid petition was flled requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No of 19 of the (County)(City)(Town)(Vtttage) of — - was duly passed by the on 19—-, and was (approved)(not approved)(repassed after (Name ofLegislaiive Body) disapproval) by the—; on 19—. Such local law was subject to (Elective Chief Executive Officer*) permissive referendum and no valid petition requesting such referendum was filed as of 19— , in accordance with the applicable provisions of law. * Elective Chief Executive Offlcer means or includes the chief executive offlcer of a county elected on a county- wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or viiiage, or the supervisor of a town where such offlcer is vested with the power to approve or veto local laws or ordinances. ---PAGE BREAK--- (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 ofthe City of — having been submitted to referendum pursuant to the provisions of section (36)(37) ofthe Municipal Home Rule Law, and having received the affirmative vote ofa majority ofthe qualified electors of such city voting thereon at the (special)(general) election held on - 19—, became operative. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 of the County of State of New York, having been submitted to the electors at the General Election of November 19—, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit- ies ofsaid county as a unit and a majority ofthe qualified electors'of the towns ofsaid county considered as a unit voting at said general election, became operative. (Ifany other authorized form offlnal adoption has been followed, please provide an appropriate certiflcation.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and ofthe whole ofsuch original local law, and was finally adopted in the manner in- dicated in paragraph 1 , above. Cletvat the Couoty legislattve body, City, Town or Village Clerk or oUlcer desigoated by local legislative body (Seal) Date:. (Certiflcation to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attomey of iocality.) STATE OF NEW YORK COUNTYOF C a y u g a I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment ofthe local law annexed hereto. Sigoature Town Attorney Title Cfi)? c Victory Town Date: l2L/XI/»t ---PAGE BREAK--- ARTICLE I GENERAL PROVISIONS Section 100 Short Title This Local Law shall be known and cited as the "Zoning Law of the Town of Victory, Cayuga County, New York," Section 101 Purpose Such Law is made to promote the health, safety, and general welfare of the community, and lessen congestion in the streets, to secure safety from fire, flood, panic and other dangers, to provide adequate light and air, to prevent the overcrowding of land, to avoid concentration of population, to facilitate other public requirements, under and pursuant to Article 16 of the Town Law of the State of New York, the size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, the density of populations, and the use of buildings, structures and land for trade^ industry, residence or other purposes are hereby restricted and regulated as hereinafter provided. ARTICLE n DEFINITIONS Section 200 Genera! A. Unless a contrary intention clearly appears, the following words and phrases shall have for the purpose of this Law the meanings given in the following clauses. B. For the purpose of this Law words and terms used herein shall be as follows: Words used in the present tense include the future. The singular includes the plural The "person" includes a corporation, partnership, and association as well as the individual. The word "lot" includes the word "plot" or "parcel". The term "shall" is mandatory. The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended arranged, or designed to be occupied". C. Any word or term not defined herein shall be used with a meaning of standard usage. Accessory - Accessory Building. (See Building) Accessory Use. (see Use) ---PAGE BREAK--- Alterations - As applied to a building or structure, a change or rearrangement in the structural parts, or an enlargement, whether by extending on a side or by increasing in height, or the moving fi-om one location or position to another. Area - Lot Area. The total area contained within the property lines of an individual parcel of land, excluding any area within an existing street right-of-way. Building Area. The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces, and steps. Floor Area. The sum of the areas of several floors ofa building structure, including areas used for human occupancy, as measured fi^om the exterior faces of the walls. It does not include cellars, unclosed porches and attics not used for human occupancy. Building - A structure having a roof which is used or intended to be used for the shelter or enclosure of persons, animals, or property. The word "building' shall include any part thereof Building, Accessory. A subordinate building located on the same lot as a principal building and clearly incidental and subordinate to the principal building. Any portion of a principal devoted or intended to be devoted to an accessory use is not an accessory building. Building, Principal. A building in which is conducted, or is intended to be conducted, the principal use of the lot on which it is located. Building Height - A vertical distance measured fi'om the mean elevation of the proposed finished grade at the fi-ont of the building to the highest point of the roof for flat roofs, to the deck lines of mansard roof and to the mean height between eaves and ridge for gable, hip, and gambrel roofs. Building Coverage - That percentage ofthe plot or lot area covered by the building area. Camp Ground - Two or more motor homes, travel trailer, camps, or seasonal structures that can be occupied between May 1 and October 15; whether for gain or not. Dwelling - Dwelling. A building designed or used exclusively for one or more dwelling unhs. One Family Detached Dwelling. A dwelling having only one dwelling unh fi'om ground to roof, (ii) independent outside access, and (iii) open space on all sides. Two Family. A building designed for, or occupied exclusively by, two families living independently of each other. Multiple. A building used or designed as a residence for three or more families living independently of each other. Dwelling Unit. Any room or group of rooms located within a residential building and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating by one family. ---PAGE BREAK--- Family - One or more persons living, sleeping, cooking and eating on the same premises as a single housekeeping unit. Junk Mobile Home - A structure, transportable in one or more sections, buih on a permanent chassis and designed to be used as a dwelling unit, which is currently not inhabited and is no longer habitable under the New York State Uniform Fire Prevention and building code. Includes but is not limited to mobile homes, travel trailers and campers. Junk Storage Area - The areas of any parcel of land or water used or intended to be used for the placement, storage or deposit of junk. Junk Vehicles - Two or more unregistered, old secondhand motor vehicles or used parts or waste materials fi'om motor vehicles which, taken together, equal in bulk two or more such vehicles. A vehicle is considered junked when it meets all of the following conditions: It is unlicensed. It is either abandoned, wrecked, discarded, dismantled, or partly dismantled. Junkyard - The outdoor storage or deposit of any of the following: Five or more junk motor vehicles. Two or more junk mobile homes, (c ) Five or more junk appHances. Five or more pieces of junk fiarniture. Any combination of the above that totals items. Lot - Lot. A parcel of land used or set aside and available for use as the site of one or more buildings and buildings accessory there or for any other purpose, in one ownership and not divided by a street, nor including any land within the right-of-way of a public or private street upon which said lot of record. Comer Lot. a parcel of land at the junction of and fi-onting on two or more intersection streets. Through Lot. An interior lot having fi-ontage on two parallel or approximately parallel streets. Depth of Lot. The mean distance fi-om the street Une of the lot to its opposite rear line measured in the general direction of the side lines of the lot. Lot Width. The width of the lot between side lot lines at the fi"ont building line as prescribed by the fi-ont yard regulations. ---PAGE BREAK--- Lot Line - Any boundary line of a lot. Mobile Home / Manufactured Home - A single family dwelling that is wholly, or in part, fabricated in an off-site manufacturing facility for installation or assembly at the building she, and designed to be a permanent residence. As defined by N.Y.S. Uniform Fne and Building Code Mobile Home, Uninhabitable - A single family dwelling that either the electrical, heating, plumbing, or and/ septic systems are not operational making it unfit for human occupancy. Modular Home - A single family dwelling which is constructed according to the standards set forth in local o state building codes, and may consist of two or more, or series of panels or room sections transported on a true and erected or joined together on the site. Modular homes may have an integrated chassis. Mobile Home Park - A parcel of land under single ownership which is improved for the placement of mobile homes for non transient use which is offered to the public for the placement of two or more mobile homes, whether or not for compensation. Motor Vehicle - All vehicles propelled or drawn by power other than muscular power originally intended for use on public highways. Nonconforming Lot, Structure, Use - (See Section 1200) Person - Any individual, firm, partnership, association, corporation, company, or organization of any kind. Right-of-Way - Land set aside for use as a street, alley or other means of travel. Roomer, Boarder, or Lodger - A person occupying any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes, and paying compensation for lodging or board and lodging by pre-arrangement for a week or more at a time to an owner or operator. Any person occupying such room or rooms and paying such compensation without pre-arrangement or for less than a week at a time shall be classified for purposes of this Law not as a roomer, boarder, or lodger but as a guest of a commercial lodging establishment (motel, hotel, tourist home). Sewer - Public Sewer. A "public sewer" is any municipai or privately owned sewer system in which sewage is collected fi'om buildings and piped to an approved sewage disposal plant or central septic tank disposal system. It may also be referred to as "off-lot" or "ofF-site" sewer. Private Sewer. An "on-lot" septic tank disposal system generally providing for disposal of effluent for only one building on a single lot. Sign - (See Section 1100-1101) Street - A public or private way used or intended to be used for passage or travel by vehicles. ---PAGE BREAK--- Street Line - The dividing line between the street and the lot. The street line shall be the same as the legal right-of-way provided that where a future right-of-way width for a road or street has been established, then that width shall determine the location of the street line. Structure - A combination of materials assembled, contracted or erected at a fixed location including a building, the use of which requires location on the ground or attachment to something having location on the ground. Small storage shed - a free-standing, storage structure under one hundred fifty (150) sq. ft. Travel Trailer - A structure that is intended to be transported over the streets and highway (either as a motor vehicle or attached to or hauled by a motor vehicle) is designed for temporary use as sleeping quarters, but does not satisfy one or more ofthe definition criteria of a manufactured or mobile home as defined in this Zoning Law. Use - Use. Any activity, occupation, business or operation carried on or intended to be carried on, in a building or other structure or on a tract of land. Use, Accessory. A use located on the same lot with a principal use, and clearly incidental or subordinate to and customary in connection with, the principal use. Use Principal. The main use on a lot Yard - Yard. An open space unobstructed from the ground up, on the same lot with a structure, extending along a lot line or street line and inward to the structure. The size of a required yard shall be measured as the shortest distance between the structure and a lot line or street line. Yard, Front. For all County and Town roads yard, front shall be measured between a structure and the center of a highway or a right-of-way, on all State highways (Rt. 38, 370, and 104) it shall be measured between a structure and the State right-of-way. In the case of a comer lot, the yards extending along all streets are front yards. In the case of a lot other than a comer lot that fronts on more than one street, the yards extending along all streets are front yards. Yard, Rear. A yard between a structure and a rear lot line and extending the entire length of the rear lot line. Yard, Side. A yard between a structure and a side lot line, extending from the front yard to the rear yard. In the case of a lot having no street frontage or a lot of odd shape, any yard that is not a front yard or a rear yard shall be considered a side yard. ARTICLE HI ESTABLISHMENT OF DISTRICTS Section 300 Districts For the purpose of promoting the public heahh, safety, morals and general welfare of the ToAvn of Victory the Town is hereby divided into the following types of districts: A. AR - Agricultural/Residential B. IPD - Industrial Planned Development C. CPD - Commercial Planned Development D. RPD - Residential Planned Development ---PAGE BREAK--- Section 301 Zoning Map Said districts are bounded as shown on a map entitled "Town of Victory Zoning Map" certified by the Town Clerk, which accompanies and which, with all explanatory matter there on, is hereby made a part of this Law. Section 302 Interpretation of District Boundaries Where uncertainty exists with respect to the boundaries of any ofthe aforesaid districts as shown on the zoning, the following rules shall apply: A. Where district boundaries are indicated as approximately following the center lines of streets or highways, street lines, or highway right-of-way lines, such center lines, street lines, or highway right-of-way lines shall be constmed to be such boundaries. B. Where district boundaries are so indicated that they approximately follow the lot fines, such lot lines shall be constmed to be said boundaries. C. Where district boundaries are so indicated that they are approximately parallel to the center lines or street lines of street, or the center lines or right-of-way lines of highways, such district boundaries shall be constmed as being parallel there to and at such distance there from as shall be determined by the use of the scale shown on the zoning map. D. In case of further uncertainty as to the tme location of a zoning district boundary line in a particular instance, the Zoning Board of Appeals shall determine the locations of such boundary. ARTICLE IV DIMENSIONAL REQUmEMENTS Section 400 Regulations The regulations for each district pertaining to minimum lot width, maximum building coverage, minimum front yard depth, minimum rear yard depth, and maximum height shall be as specified in this section, subject to the further provisions of this Law. MAXIMUM MINIMUM YARDS MINIMUM MINIMUM BUILDING MINIMUM (each) MAXIMUM DISTRICT LOT SIZE LOT WIDTH COVERAGE FLOOR AREA FRONT SIDE REAR HEIGHT AR 2 acres 250 ft.. 35% 840 sq.ft. 85 ft. 30 ft 30 ft. 35 ft. IPD 10 acres CPD 2 acres See Article VII for Planned Development Regulations apphcable to RPD 10 acres IPD, CPD, and RPD Districts Section 401 Exceptions of Minimum Lot Sizes and Lot Widths The provisions of Section 400 shall not prevent the of a single family dwelling, provided the yard requirements are observed, on any lot which was lawfiil when created and which prior to the effective date of this Law was in separate ownership duly recorded by plat or deed. ---PAGE BREAK--- Section 402 Traffic Visibility Across Corners (clear sight triangle) A. On any comer lot, no wall, fence, or other shall be erected or altered, or no hedge, tree, shmb, or the growth except agricultural crops shall be maintained which may cause danger to traffic on a public street by obscuring the view. Visual shall be limited to a height of not more than two feet above street level within the triangular area bounded by the street line draAvn between points on each such street line twenty-five (25) feet from the intersection of said street lines. B. Where a private access way intersects a public street, visual shall be limhed to a height of not more than two feet above street level within the triangular area bounded by the street line, the edge of the private accessway, and a straight line drawn between points on both the street line and the edge of the accessway ten (10) feet from the intersection of said lines. Section 403 Building Height Exceptions Maximum height regulations shall not apply to farm buildings, church spires, chimneys, or other built above the roof and not devoted to human occupancy. Section 404 Essential Services The erection, alteration or maintenance by public utilities or Tovm or other govemmental agencies of underground or overhead gas, electrical or water transmission or distribution systems, communication systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith; reasonably necessary for the furnishing of adequate service by such public utilities or Town or other governmental agencies or for the public health or safety or general welfare will be permitted, without a permit, but a permit is required for all buildings. Section 405 Front and Side Yards of Corner Lots On a comer lot the street side yard shall equal the required front yard for lots facing that street. ARTICLE V USE REGULATIONS Section 500 Applicability of Regulations Except as provided by law or in this Law, in each District no building, or land shall be used or occupied except for the purposes permitted in Secfion 504 and for the zoning districts so indicated. ---PAGE BREAK--- Section 501 Uses Permitted, Special Conditions, Uses Not Permitted In Section 504: A. A use is permitted in any district denoted by the letter'T". B. A use is permitted, but, with conditions in any district denoted by the letters "SC". C. A use is not permitted in any district denoted by the letter Section 502 Uses are Subject to Other Regulations Uses permitted by right or by special pennit shall be subject in addition to use regulations, to such regulations of yard, lot size, lot width, building area, provision for off-street parking and loading, and to such other provisions as are specified in other Articles hereof Section 503 Provision Applicable to Commercial Uses The following provisions shall apply to commercial uses: A. All business or other activity shall be conducted within a completely enclosed building. B. Loading, storage and service areas shall be substantially screened from view of the public road and any adjacent residential use. ---PAGE BREAK--- Section 504 Permitted Uses P - Permitted by Right N = Not Permitted in District SC = Permitted with Special Conditions AGRICULTURAL RESIDENTIAL P - Permitted by Right N = Not Permitted in District SC = Permitted with Special Conditions INDUSTRIAL PLANNED DEVELOPMENT P - Permitted by Right N = Not Permitted in District SC = Permitted with Special Conditions COMMERCIAL PLANNED DEVELOPMENT P - Permitted by Right N = Not Permitted in District SC = Permitted with Special Conditions RESIDE ] NTIAL PLANNED DEVELOPMENT LAND USE OR ACTIVITY AR IPD CPD RPD REFERENCE 1. Tilling of the soil P N N N 2. Animal husbandry P N N N 3. Raising and keeping livestock P N N N 4. Customary farm operations & farm P N N N 5. Customary forestiy practices P N N N 6. Farm stand for sale of produce P/SC N N N Sec. 603-A 7. Greenhouse or nursery P/SC N N N Sec. 603-A 8. Veterinary Clinic, Animal Hospital P/SC N P N Sec. 603-B 9. Kennel P/SC N P N Sec. 603-B 10. Commercial riding school or horse stable P/SC N P N Sec. 603-B n. Dwelling, Single Family P/SC N N SC Sec. 603-O 12. Dwelling, Two Family P/SC N N P Sec. 603-C 13. Dwelling Town House Condominium P/SC N N P Sec. 603-E 14. Dwelling, Manufactured Housing P/SC N N SC Article VII 15. Conversion of an existing building into a two family dwelling P/SC N N SC Sec. 603-D 16. Dwelling Multiple Family P/SC N N SC Sec. 603-E 17. Hospital, Nursing Home N N P N 18. Place of Worship P/SC N N SC Sec. 603-F ---PAGE BREAK--- P - Permitted by Right N = Not Permitted in District SC = Permitted with Special Conditions AGRICULTURAL RESIDENTIAL P - Permitted by Right N = Not Permitted in District SC = Permitted with Special Conditions INDUSTRIAL PLANNED DEVELOPMENT P - Permitted by Right N = Not Permitted in District SC = Permitted with Special Conditions COMMERCIAL PLANNED DEVELOPMENT P - Permitted by Right N = Not Permitted in District SC = Permitted with Special Conditions RESID] ENTIAL PLANNED DEVELOPMENT LAND USE OR ACTIVITY AR IPD CPD RPD REFERENCE 19. Public School P/SC N N SC Sec. 603-G 20. Private School P/SC N N SC Sec. 603-G 21. Library, Museum N N P N 22. Community Center, Adult Education and Recreation Center N N P P 23. Day Nursery, Nursery School, Kindergarten and similar facility N N P P 24. Customary Home Occupation P/SC N N SC Sec. 603-H 25. Noncommercial Greenhouse P/SC N N SC Sec. 603-1 26. Garage, Private P/SC SC SC SC Sec. 603-1 27. Swimming Pool, Private P/SC SC SC SC Sec. 603-1 28. Fence, Wall, Landscaping P/SC SC SC SC Sec. 1301 29. Off-Street Parking P/SC SC SC SC Article X 30. Sign P/SC SC SC SC Article XI. 31, Bed and Breakfast Facility / Boarding House P/SC N N SC Sec. 603-H 32. Club, Lodge N N P N 33. Medical or Dental Office N N P N 34. Office N N P N 35. Bank N N P N 36. Radio and TV Studio N N P N 10 ---PAGE BREAK--- P Permitted by Right N = Not Permitted in District SC = Permitted with Special Conditions AGRICULTURAL RESIDENTIAL P Permitted by Right N = Not Permitted in District SC = Permitted with Special Conditions INDUSTRIAL PLANNED DEVELOPMENT P Permitted by Right N = Not Permitted in District SC = Permitted with Special Conditions COMMERCIAL PLANNED DEVELOPMENT P Permitted by Right N = Not Permitted in District SC = Permitted with Special Conditions RESID ENTIAL PLANNED DEVELOPMENT LAND USE OR ACTIVITY AR IPD CPD RPD REFERENCE 37. Retail and Commercial Business such as food, dmgs, sundries, books, dry goods, appliances, furniture, sporting goods, gifts, flowers N N P N 38. Personal Services such as barber, beauty and tailor shop N N P N 39. Laundry and dry cleaning self- service and pick-up station N N P N 40. Clothing and shoe shop N N P N 41. Repair of household items N N P N 42. Restaurant N N P P 43. Photo studio N N P N 44. Outdoor recreational facilities including camp grounds N N P N 45. Theater (except Drive-in) N N P N 46. Registered Repair Cxarage, Commercial N P P N 47. Auto Sales and Rental N N P N 48. Car Wash N P P N 49. Theater, Drive-in N N P N 50. Miniature golf course, bowling alley, or skating rink N N P N 51. Hotel, Motel N N P N 52. Manufactured Home Park N N N SC Sec. 603-L 11 ---PAGE BREAK--- P = Permitted by Right N = Not Permitted in District SC = Permitted with Special Conditions AGRICULTURAL RESIDENTIAL P = Permitted by Right N = Not Permitted in District SC = Permitted with Special Conditions D^DUSTRIAL PLANNED DEVELOPMENT P = Permitted by Right N = Not Permitted in District SC = Permitted with Special Conditions COMMERCIAL PLANNED DEVELOPMENT P = Permitted by Right N = Not Permitted in District SC = Permitted with Special Conditions RESID ENTTAL PLANNED DEVELOPMENT LAND USE OR ACTIVITY AR IPD CPD RPD REFERENCE 53. Production, processing, cleaning, servicing, testing, repair or storage of materials, goods or products N P N N 54. Research, experimental and testing laboratory N P N N 55. Assembly of optical, mechanical and other equipment N P N N 56. Mining N P N N 57. Wholesale, Storage, Warehouse N P N N 58. Delivery and Distribution Center N P N N 59. Dry Cleaning and Dyeing Plant N P N N 60. Printing and Publishing Plant N P N N 61. Tavern N N P N 62. Gasoline Station N P P N 63. Junkyard N SC N N Article VIH 64. Commercial sales or storage of mobile homes, trailers, autos, boats, machinery, vehicles N N P N 65. Public or private utilities P/SC SC SC SC Sec. 603-J 66. Farm Worker Dwelling P/SC N N N Sec. 603-M 67. Emergency Occupancy P/SC N N P Sec. 603-N 68. Junk N N N N Sec. 603-K 12 ---PAGE BREAK--- ARTICLE VI SPECIAL CONDITIONS AND SPECIAL PERMITS Section 601 Intent The intent of this Article VI is to set the supplemental regulations, procedures and conditions which shall apply to certain land use acfivities in the Town of Victory which are incongmous or sufficiently different in terms of their nature, location, and potential terms of their nature, location, and potential effect on the surrounding environment and the quality of the community, and which warrant special evaluation of each individual case. Section 602 Applicability No zoning permit shall be issued by the Zoning Officer for any land use or activhy listed in Section 504 having special conditions applicable (SC) or requiring special permh (SP) until the Officer is satisfied that the applicable regulations set forth in this Article VI have been complied with. Section 603 Special Conditions The Zoning Officer shall issue a Zoning Permit for the following uses only when satisfied that applicable special conditions, as set forth in this Section 603, have been complied with, in addition to all other requirements of this Law. A. Farm stand, nursery, greenhouse. The stand shall not be located within fifty (50) feet of an intersection. Parking for vehicles shall be provided off the street pavement. B. Veterinarian or animal hospital, kennel, or commercial riding school or stable. If in conjunction with a resident, no animals other than pets of the household shall be kept in the residence. A kennel or animal hospital shall be designed so that any animals kept therein shall not be an annoyance to any surrounding residences. No stable shall be less than (200) feet from any lot line. C. Two family dwelling provided that the lot area per family shall not be less than the minimum lot required for the district in which such lot is situated. D. Conversions. One family dwellings converted for occupancy by not more than two families, subject to the following conditions: The lot area per family should not be reduced thereby to less than that required for the district in which such lot is situated. 13 ---PAGE BREAK--- E. Town houses. Condominium developments, and Muhiple Family Dwellings on a separate lot, limited to not more than twelve (12) units, provided the muhiple family dwelling is in character with the surrounding area, and subject to the following additional provisions: Density. The overall density of occupancy in any permitted muhiple family dwelling development shall not exceed six dwelling units for each of lot area. Lot Area. Any parcel of land development under the terms of this Section shall contain a total minimum lot area of two acres with a width of not less than two hundred (200) feet at the building setback line and street line. Floor Area. A maximum of. 141 square feet of floor area shall be permitted for each square foot of land area. Open Space. a) At least 5.5 square feet of lot area per one square foot of floor area shall be open space. b) Open space is the total horizontal area of all uncovered open space. Covered open space is exterior space that is open on its sides to the sky and weather, such as roofed porches, roofed porches, roofed carports, and covered balconies. Recreafion Space. a) At .21 square feet of lot area per one square foot of floor area shall be open space. b) All recreation space counted shall be at least twenty (20) feet away from any residential wall containing a window on the ground floor, and shall have at least one hundred (100) feet for each dimension, except that an area of lesser dimension is permissible if the total required recreation space is less than ten thousand (10,000) square feet. Sewage Disposal. All multiple family dwellings shall be connected to public sewer and water, where available. F. Churches, provided that the minimum lot size shall be three acres. G. Religious, sectarian and non-sectarian, denominational, private or pubHc school, not conducted as a private gainful business, subject to the following provisions: Minimum lot size shall be three acres. Maximum height shall be thirty-five (35) feet. Completely detached buildings on the same lot shall be not less than thirty (30) feet from one another. 14 ---PAGE BREAK--- H. A Customarily Home Occupation for gain defined as follows: Is customarily carried on in a dwelling unit or in a building or other accessory to a dwelling unit. Is clearly incidental and secondary to the use of the dwelling for residential purposes. Conforms to the following regulations: a) The home occupafions shall be carried on wholly indoors and within the principal building or other accessory hereto. b) There shall be no use of show windows or display or advertising visible outside the premises to attract customers or clients other than home occupation announcement signs as permitted. c) There shall be no exterior storage of materials d) No external alternations, additions, or changes to the shall be permitted in order to accommodate or facilitate a home occupation, if such in any way afters the residential character of the building. e) No articles shall be sold or offered for sale except such as may be produced on the premises, or as may be transported in owner's automobile or pickup tmck. f) No repetitive servicing by tmck for supplies and material shall be required. g) The floor area devoted to a home occupation shall not be more than twenty-five (25) percent ofthe ground floor area of the principal residential or five hundred (500) square feet, whichever is less. In particular, a home occupation includes the following or similar uses: art studio; professional office of a physician, dentist, lawyer, engineer, architect, writer, or accountant, beauty parlor or barber shop; dressmaking or tailor shop; teaching of not more than four pupils simuhaneously; and a bed and breakfast facility. Among the uses that shall not be interpreted to be a home occupation are the following; animal hospital, commercial stables and kennels, restaurant, junkyard, dismantling business, repair garage. I. Unattached accessory including but not limited to noncommercial greenhouse, tool shed, buses, private garage or swimming pool shall be erected only in accordance with the following restrictions: No accessory is located closer than thirty (30) feet to the side or rear lot lines. All swimming pools shall comply with the provisions of the NYS Building Code. Buses can not be used as storage J. Commercial antenna, micro-relay station, transformer station, substation, pumping station, or automatic telephone exchange, subject to the following provisions: 15 ---PAGE BREAK--- Such public service shall be permitted only if it is essential to service such districts. No public business office or any storage yard or storage building shall be operated. Suitable landscaping shall be installed. No supporting wires shall be closer than fifty (50) feet to any lot line. K. Junk as defined in this part is not permitted. Junk: The outdoor storage or deposit of any of the following shall constitute junk. Two or more junk motor vehicles. One or more junk mobile homes. Two or more abandoned or inoperable appliances including but not limited to washers, dryers, dishwashers, stoves, refrigerators, freezers and televisions. Two or more abandoned or irreparably damaged pieces of indoor fiimiture including but not limited to sofas, lounge chairs, mattresses, bed frames, desks, tables, chairs and chests of drawers. Any combination ofthe above or parts of the above that total two or more items. L. Mobile Home Park. A mobile home park may be established only under the provisions of Article VII of this Law. M. Farm Worker Dwelling. A dwelling that meets all the terms of this Law and other State, County, and local codes may be placed upon a working farm for the purpose of providing housing for persons working upon said farm provided that an area of land sufficiently large and so situated so that, if broken off of the farm, it would constitute a legal lot is dedicated to the dwelling to be used by said farm worker. All normally required permits shall be obtained for the dwelling and, as part of the application, the land dedicated to it shall be illustrated. N. In the event that a dwelling is rendered uninhabitable by fire, flood, or similar natural or man- made disaster the Zoning Board of appeals may authorize the placement upon the lot where said dwelling is located of an emergency occupancy. An emergency occupancy shall be a safe and healthful living unit that meets all applicable building, fire, health or their codes except the terms of this Law relating to residential The ZBA may waive such terms of this Law so as to allow the placement and use of such a upon the same lot as the damaged dwelling, as an occupancy diuing the period that the damaged dwelling is being repaired or replaced. Such emergency dwelling shall be removed upon the completion of the repair of replacement work on the principal dwelling. No certificate of occupancy shall be issued until the emergency occupancy is removed from the lot O. Only one single family residential per lot. ARTICLE v n MANUFACTURED HOMES/MOBILE HOME 16 ---PAGE BREAK--- Manufactured Homes / Mobile Home on an individual lot are permitted to be used only as a permanent dwelling unit, and are subject to the following requirements: Section 700 Vintage Requirements: A. No more than seven years old at fime of placement, with supporting documentation. B. Minimum of 840 square feet of habitable floor area, not including any additions. C. A HUD seal properly affixed that it has been in accordance with the Federal Manufactured Housing and Safety Standards. (24 Code of Federal Regulations CRF 3280). Section 701 Lot Requirements and Placement: A. The lot shall meet all dimensional standards of this Law. B. Foundafion: A manufactured / mobile home used as a dwelling shall conform to the NYS Building Code in the following manner; it shall be securely attached with tie down straps, and shall have a 6" compacted gravel base and a concrete pad at least equal to the width and length of the unit being placed. Such concrete shall be a three-thousand lb. (3000) mix, a minimum of six inches thick reinforced with #3 re-bar inch) placed six foot on center crosswise of the pad and re- bar placed underneath the supporting frame rails, (re-bar to be wire tied at intersections) C. Skirting of a weather resistant permanent material (such as exterior plywood, vinyl, or masonry) fully closing off the area between the bottom of the home and the foundation. Such skirting shall be installed prior to occupancy and must be properly maintained. Such skirting shall contain two diagonally located doors or hatches of a minimum of three feet so as to provide access for fire fighfing and to be marked or identified as such points of access. D. Upon placement all towing devices shall be removed. E. Each home shall have a minimum 4 feet by 6 feet entrance platform. F. All manufactured / mobile homes placed upon individual lots shall conform to the standards set forth in the NYS Uniform Fire and building Code, Chapter D, E, and this Law. Section 702 Unoccupied and Uninhabitable Mobile Homes: A. Any mobile home that is deemed unoccupied and uninhabitable by the Town of Victory's Code Enforcement Officer must be removed from the Town within thirty (30 days. B. Procedure: 17 ---PAGE BREAK--- All notices shall be sent by certified mail, retum receipt requested, to the owner of the mobile home, if known, and to the owner of the land on which the mobile home is located, stating that the mobile home is unoccupied and uninhabitable, and that the Town of Victory intends to have the mobile home removed. The notice shall also advise the owner of the mobile home that he/she has ten days from the date they received the notice to request a hearing with the Town's Zoning Board of Appeals. If a hearing is requested within the ten (10 day period as provided in the notice, the Zoning Board of Appeals shall schedule said hearing within ten (10) days after the request is made. Upon the conclusion of the hearing, the Zoning Board of Appeals shall make such order as it deems appropriate with regard to the mobile home is question. The Zoning Board may, upon request, modify this time frame. If no hearing is requested or if after a hearing the Town Zoning Board finds that the mobile home is unoccupied and uninhabhable and orders it removed, the Town of Victory shall issue a court order for the removal of said mobile home. All costs associated with such removal shall be the responsibility of the owner. Section 703 Existing Manufactured / Mobile Homes: A. If the location of a currently existing manufactured / mobile home is changed to a new location with in the Town of Victory, the manufactured / mobile home shall comply with all terms of this Local Law at its new location. B. Any manufactured / mobile home replacing an existing manufactured / mobile home shall comply with all provisions of this Local Law exclusive of land area specifications. C. All manufactured / mobile homes shall be skirted in an attractive manner with weather resistant material (such as exterior plywood, vinyl, or masonry). A door or panel shall be provided in the skirting to permit access. D. Additions to existing Manufactured / mobile homes shall only be accomplished standard stick approved in the NYSUF&BC. E. Roof additions to increase snow load protection, shall be supported from ground level. (That is roof framing, rafters / tmsses, are supported from ground level.) ARTICLE v m JUNKYARD REGULATIONS Section 800 Location No junk storage area shall be located whhin: A. 100 feet of any adjoining property hne; B. 1000 feet of any public park, church, educational facility, nursing home, public building or other place of public gathering; 18 ---PAGE BREAK--- C. 1000 feet of any stream, lake, pond, DEC and Federal wetland or other body of water; or D. 100 feet from the right-of-way of any public highway. Section 801 Fencing There must be erected and maintained an 8' foot high fence enclosing the entire junkyard and a locking gate, adequate to prohibit the entrance of children and others into the area of the activity or business, and to contain within such fence the materials dealt with by the operator of the junkyard. Fencing requirements may be waived where topography or other natural conditions effectively prohibit the entrance of children and others. Section 802 Screening Where a junkyard is or would be visible from a public highway or from neighboring properties the fence provided in Section 2 above, shall be of wood or other materials sufficient to totally screen the junkyard from view. Such screening may be permitted by adequate planting of evergreen trees or Section 803 Buming No materials shall be burned in a junkyard except in compliance with the New York State Solid Waste Disposal Law (see NYRR Part 215). Section 804 Burying No junkyard items shall be buried in a junkyard except in compliance with the New York State Solid Waste Disposal Law 9see Part 360). Section 805 Approved Junkyard Items No junkyard items shall be stored in any junk storage area other than those items specified on a junkyard permit approved by the Town Board pursuant to this Law. Section 806 Permit Required A. No person shall estabhsh or maintain a junkyard within the Town of Victory unless a permit has first between issued for such junkyard pursuant to this Law. B. No person owning, having any right to, or any interest in any real property within the Town of Victory shall license, rent, lease, or otherwise permit the use of such real property of any part thereof for a junkyard unless a permit has first been issued for such junkyard pursuant to this Law. C. All permits shall be issued for a period of one year; after which time a renewal shall be required. Section 807 Application Procedure (see Article IX) 19 ---PAGE BREAK--- The site plan shall be drawn to scale or indicating all dimensions and show: A. all existing and proposed including fences; B. all property Ues including the names of owners of adjacent property; C. all streams, lakes, wetiands, floodplains, and other water bodies; D. all wells and sanitary facilities; E. all roads and easements; F. all existing and proposed junk storage areas; G. all existing and proposed accessways, and parking and loading areas. Section 808 Environmental Impact Statement An Environmental Assessment Form (EAF) shall be completed and submitted with all applications pursuant to the provisions of the State Environmental Quality Review Act, 6 Part 617. If the EAF indicates that the proposed activity may have significant environmental consequences, the Town Board shall require that a Draft Environmental Impact Statement (DEIS) be submitted with the application. He apphcations shall not be considered complete until the DEIS has been accepted by the Town Board. Section 809 Enforcement Officer A. The enforcement officer shall upon request of the Board make inspections ofthe premises of any junkyard for which application for a permit has been made, or any other existing junkyard within the Town of Victory, and shall report to the Board on the conditions of such junkyard. B. The enforcement officer shall make periodic inspections of the Town/village to ensure that all existing junkyards have permits and that the requirements of this Law are met. Any observed violations shall be reported to the Board. C. The enforcement officer shall not enter the premises of any private property without the consent of the owner. It shall be the responsibility of the applicant to arrange for all required inspections of the premises prior to permit issuance or renewal. Section 810 Revocation of Permit The Town Board may revoke a Junkyard Permit upon reasonable cause should the applicant fail to comply with any provision of this Law. Before a permit may be revoked, a public hearing shall be held by the Board. Notice of the hearing shall be made in the official newspaper at least five days prior to the date thereof The permit holder shall be notified of the hearing by certified mail at least five days prior to the hearing . At the hearing the Board shall hear the permit holder and all other persons wishing to be heard on the revocation of the Junkyard Permit. Should the Board decide to revoke a permit, the reasons for such revocation shall be stated in the Board minutes. The permit holder shall be immediately notified of the revocation by certified mail. 20 ---PAGE BREAK--- ARTICLE DC PLANNED DEVELOPMENT DISTRICTS Section 900 Purpose In Planned Development Districts (PDD), land and buildings may be used for any lawful purpose in any districts as authorized by the Tovm Board in specific instances. The purpose of the PDD is to provide flexible land use and design regulations through the use of performance criteria and land impact considerations, so that developments incorporating individual building shes, common property, singular land use, and/or mixed land uses may be planned and developed as a unit. Where deemed appropriate, the Town Board may consider a proposed planned development through an approval process requiring a zoning district change from the original district to PDD, in which the approved plan and a complete set of use and dimensional regulations become the basis for continuing land use controls. Section 901 Objectives In order to carry out the purpose of this Article, a PDD shall achieve at least the following objectives: A. Work as a concentrated whole unit, being self contained and unconducive to expansion outside its boundaries at a future date, unless such expansion when added to the original PDD can act with it to create a larger self-contained unit. B. Provide open space as an integral part of the plan. C. Provide convenient location of commercial and service areas. D. Preserve trees, outstanding natural topography and geology under legal option to purchase by the applicant who may be a single person corporation, or a group of individuals or corporations. An application shall be filed by the owner or jointly by the owners of all property included in a project. In the case of multiple ownership, the approved plan shall be binding on all ovmers. E. Make creative use of land and related physical development, which allows an orderly transition of land from mral to more urban uses. F. Make efficient use of land resulting in smaller networks of utilities and streets and hereby lowering costs for maintenance and housing. G. Provide a development pattem in harmony with the objectives of the Town and County master plans. H. Provide a more desirable environment for dwelling, working and/or recreation than would be possible through the strict application of the regulations in this Local Law. 21 ---PAGE BREAK--- Section 902 General Requirements A. Minimum area. Under normal circumstances, the minimum area requirements for a PDD shall be as stated in Article IV. B. Ownership. The tract of land for the PDD shall be owned or under legal option to purchase by the applicant who may be a single person corporation, or a group of individuals or corporations. The applications shall be filed by the owner or jointly by the owners of all property included in the PDD. In the case of multiple owmers, the approved plan shall be binding on all owners. C. Location. The PDD shall be applicable to any area of the Town where the applicant can demonstrate that the characteristics of his holdings will meet the objectives of this Article and the spirit ofthis Local Law. A PDD proposal must demonstrate compatibility with the surrounding land uses, neighborhood character, and traffic pattem capacity and volume. D. Permitted uses. The use of land and buildings in a PDD may be for a lawful purpose as authorized by the Town Board in accordance with procedures of this Article; the following general uses, or combination thereof, may be considered: Residential Planned Development (RPD) a) Residential uses. Residences may be a variety of types. Developing a balanced community, the use of a variety of housing types and entities shall be deemed most in keeping with the objectives of this Article and the applicant shall be able to demonstrate that he is reaching as broad an economic market as possible. b) Commercial, service and other nonresidential uses in primarily residential PDD. These uses may be permitted (or required) where such uses are scaled primarily to serve their residents of the residential PDD. Consideration shall be given to the project as it exists in its larger setting in determining the appropriateness of such uses. In no case shall more than twenty-five (25) percent of the gross site area be permitted for commercial uses, services, or nonresidential uses other than open space and non profit recreation. Commercial Planned Development (CPD) a) Commercial uses. If designed and organized toward the purposes and objectives ofthis Article, a PDD with commercial uses as the major land use may be approved. All proposed shopping centers in the Town shall be subject to approval through the PDD procedures. Industrial Planned Development (IPD) a) Industrial Uses. If designed and organized toward the purpose and objectives of this Article, a PDD with industrial uses as the major land use may be approved. All proposed industrial development for the Town shall be subject to approval through the PDD procedures. Industrial uses shall not be permitted in combinations with any residential uses. 22 ---PAGE BREAK--- E. Intensity of Land use. Relatively high land use intensity or dwelling unit density may be permitted if h is demonstrated that a good overall dwelling, working and/or recreational environment is hereby produced. In determining the suitability of land use intensity or dwelling unit density proposed for a PDD, each case shall be considered separately. Proposed land use intensity ratings and/or dwelling unit densities shall be completely documented by all facts, opinions and judgments, used to justify the selection ofthe intensity rate or umt density. F. Common property. Common property in a PDD is a parcel or parcels of land, together with the improvements thereon, the use and enjoyment of which is shared by the owners and occupants of the individual building sites. When common property exists (and such may be required), the ownership of such common property may be either public or private; when common property exists in private ownership, satisfactory arrangements shall be made for the improvement, operation and maintenance of such common property and facilities thereon, including but not limited to private streets, drives, service and parking areas, open space and recreation areas. Section 903 Application Procedures for PDD Approval When any PDD is proposed, before any permit for erection of a permanent building in such PDD shall be granted the applicant or his authorized agent shall apply for and secure approval of such PDD in accordance with the following specific procedures: A. Pre-appHcation discussion stage. Prior to formal application the applicant shall present the proposed PDD to the Town Planning Board in rough sketch and written descriptive form to get the initial opinions concerning the suitability of the concepts, and general elements of the PDD application are fully understood by the applicant. In this stage it is advised that most of the items in section 702 be addressed at least in rough form by the applicant. No approval at this stage shall be considered binding. B. Application for PDD zoning. Application for the establishment of a PDD shall be made to the Town Board in plan (drawn to scale) and written report form. Prior to the Town Board action, to insure that the proposed PDD is within the intent of the comprehensive planning activities of the Town, the Town board shall immediately after receiving the application refer it for the purpose of review and recommendations to the Town Planning Board which shall have thirty (30) days from its next regularly scheduled meeting within which to report. As applicable in accordance with 239 L and M of Article 12B of the New York State Cjeneral Municipal Law, the Town Board shall refer the PDD application for formal review and recommendations to the Cayuga County Planning Board which shall have thirty (30) days or an agreed upon longer period from its next regularly scheduled meeting within which to submit its report. If either Planning Board does not report to the Town Board within the specified time period, their inaction shall be constmed as them having no recommendations. C. Minimum Plan Requirements. In order for the Town Board to adequately evaluate the PDD proposal, the application (in its plan and written report form) shall address the following areas, and the information shall be furnished therein in a reasonably complete manner. Project Particulars. Shall include the name and location of the project; names(s) and address(es) of the owner(s); a legal description of the property; the names of the owners of abuting properties. 23 ---PAGE BREAK--- Type of Development. The type of development shall be fully described, including at least the following information: a) Residential. Total acreage of residential area and each residential portion of the development; total number of dwelling units and number in each residential portion; percentage and numbers of dwelling units by type (single family, garden apartments, Townhouses, etc.); dwelling unit density per gross site acreage; estimated population of the development and estimated number of school age children. b) Commercial. Total acreage of commercial area; gross leaseable floor area in square feet; general description of commercial types and their general requirements for receiving and delivering goods. c) Industrial. The total acreage of industrial area; types of industry and industrial processes involved; source, type general quantities and method of shipment for raw materials; general quantities and method of shipment for products; types of wastes and residuals. Staging of Development. Description of plan and in written report of the plan and in written report of the planned staging of the project (and such staging may be required). Natural site. A description of the natural site shall be included with at least the following information: soil characteristics and limitations; extent of and treatment intended for the site's vegetative cover (especially trees); topographical features (on topographic map at ten (10) foot contour intervals); existing and proposed site drainage; foreseeable needs of the site for precautions; the projected effects upon the ground and surface waters of the site and community; possible air pollution hazards. Site planning and design considerations. Descriptions and illustrations of the following; site ingress and egress; parking; on site pedestrian and vehicular circulation; general landscaping treatment; general location and arrangement of buildings and other refuse storage and removal facilities; locations of all facilities, including public and private and general visual description. Transportation and traffic. Descriptions of at least the following: Existing streets serving the area; level of service provided by existing streets in terms of traffic counts and street traffic capabilities; expected modifications for existing street systems required by project; estimated daily automobile trips generated by the residential and other uses; availability of public transportation to site; design considerations for determining on site and area traffic congestion. General Market Information. Describe the need for the proposed land uses in their proposed locations and their proposed quantities; and the intended market for the residential units (prices and rents, describe whether low-income, middle-income, luxury, etc.) 24 ---PAGE BREAK--- Projected fiscal impacts on Town. Calculations of projected Town revenues and costs to be expected by the Town as a result of the proposed development. Utilities and related services. Describe the following and detail their intended locations on the plan(s); the method and projected quantities of waste water (sewage) from the development; demand and source of supply for water; level of service needed and available for fire protection; demands for the and availability of gas and electricity; projected quantities of and method of disposal for soHd wastes. (10) Cjeneral effects of development on neighborhood and community appearance and land use. Description of effects on the appearance; relationship of project to predominant character and land use in area (compatibility); potential noise above ambient level; obnoxious or objectionable odors. (11) Relationship of proposed PDD to official Town and county development policies. Information and how the proposed PDD relates to the local and area wide goals and poUcies as stated in plans and regulations. (12) Development, operation and maintenance of open space and common properties. A general statement conceming the responsibility for these and proposed methods for their implementation. (13) Developer competence. Evidence in the applicant's behalf to demonstrate his competence to carry out and his awareness of the scope of the project, physical and financial. (14) Other. Any other such information as the Town Board deems to be reasonably pertinent to the adequate consideration in evaluation of the proposed project. D. Public Hearing. Within thirty (30) days after receiving a report from the Town Planning Board, the Town Board shall schedule and conduct a public hearing for the purpose of considering the change in zoning district to PDD for the applicants plan in accordance with the procedures required under section 265 of the New York State Town Law. E. Town Board Action. Within forty-five (45) days after a pubhc hearing the Town Board shall render its decision on the PDD application. If the Town Board grants the PDD zoning, the zoning map shall be so noted, and the Local Law shall be amended in order to define the legal boundaries of the PDD, but such action shall have effect only of granting permission for development ofthe specific proposed land uses in accordance with the use and dimensional specifications, plans and related materials filed with the own Board and related to the specific PDD; such specification, plans and related materials include, if deemed necessary the Town Board to protect the public heafth, safety and welfare of the Towns, any conditions and requirements for the apphcant to meet. The approved plan and the related attachments shall be deemed an amendment to this Local Law and shall serve as continuing land use controls for the specific Planned Development District; the first such zoned PDD shall be designated PD 1 with subsequent unrelated Planned Development Districts to be numbered in continuing sequence. 25 ---PAGE BREAK--- F. Annual Review of PDD. During the development stages the Town Board shall review the PDD annually in order to determine the amount and quality of the progress made by the developer toward fiilfilling the specifications and plans and any attached conditions. Based upon the progress made by the developer, the Town Board may reconsider the PDD and further amend the Local Law in relation to it, if progress is not to the satisfaction of the Town Board or not in keeping with the staging approved by the Tovm Board. Section 904 Subdivision Plot Approval Reserved Section 905 Design Standards for Specific Developments A. A mobile home park shall only be permitted in the Town of Victory as a residential planned development in accordance with the provisions of this Article IX and the following specific criteria. A mobile home park shall comprise an area of not less than ten (10) acres, and no mobile home office or service building shall be closer than one hundred (100) feet from any street, road or highway line, nor closer than one hundred (100) feet from any property line. A mobile home park shall be located on a well-drained site suitable for the purpose. A mobile home park shall have an intemal street system adequate for access to each mobile home lot; all parks shall have access from two points along a street, road, or highway, or if bordering on two street roads or highways or combinations thereof, access may be one from each; access points shall be separated by at least one hundred (100) feet; from each; the surfaces of all streets in a mobile home park shall be paved. a) Road design standards. A mobile home park shall have an entrance road at least thirty-three (33) feet in width and paved. Interior streets or roads shall be a minimum of twenty-one (21) feet wide and shall have two feet shoulders, such streets or roads shall be paved. Each street or road within the mobile home park, including the entrance road, shall have an eight inch sub-base of stony gravel, topped with three inches of fine gravel, or cmshed mn. The shoulders shall be graveled to a minimum three inch depth. The total number of mobile home lots shall not exceed six per gross acre. Mobile home parks accommodating, or capable of accommodating twenty-five (25) or more mobile homes shall have at least one recreation area of at least eight percent of gross site area of the mobile home park. All utility lines, including water, sewer, electric and telephone, shall be installed underground. 26 ---PAGE BREAK--- A mobile home park shall have buffer strips along the margins of the front, side and rear property lines, provided that such buffer strips shall not interfere with the vision of motorists at intersections and the access points for the mobile home park, such buffer strips shall be at least six feet in depth and consist of interlocking trees and foliage acceptable to the Town Board and subsequently to the Enforcement Officer. Suitable landscaping, including at least lawns and plantings, shall be installed and maintained in all mobile home parks. A sufficient supply of pure, healthful drinking water approved by the Cayuga County Heahh Department or other such agency having jurisdiction. (10) Sewage from each mobile home shall be removed into a public sewer system approved by the Cayuga County Health Department or other such agency having jurisdiction, or into a private sewer system with disposal plant or septic tank approved by the same health department. (11) All mobile homes installed in mobile home parks shall be and installed in compliance with the applicable provisions of the New York State Executive Law (Uniform Fire Prevention and Building Code), and this Law. (12) Storage space within a permanent, enclosed shall be provided in an amount equal to at least one hundred (100) square feet for each mobile home in the mobile home park. (13) One garbage receptacle of metal with a tight fitting cover shall be provided for each mobile home, and one large metal receptacle for trash shall be provided for every two mobile homes; these receptacles shall be kept in sanitary condition and emptied weekly by the licensee or his agent. (14) Individual mobile home lots in a mobile home park shall have an area of not less than six thousand (6,000) square feet with a minimum width of sixty (60) feet, (15) No mobile home or portion thereof shall be placed closer to any other mobile home or building or portion thereof than thirty-five (35) feet. (16) The approach area to each entrance of a mobile home or addition thereof shall have the minimum dimensions of 4 feet X 8 feet with of concrete, cmshed stone, cinderblock, flagstone or equivalent, such as to provide for a reasonably dry surface. (17) Each unit shall be placed upon a base designed to support the unit so as to prevent heaving, shifting, or uneven settling; the stand shall have tie downs to secure the unit against uplift, sliding, rotation, or overturning. (18) Parking spaces shall be provided at the rate of at least two car spaces for each mobile home plus an additional car space for each four lots. 27 ---PAGE BREAK--- (19) Each unit shall be equipped with fire resistant skirting along its base prior to occupancy such skirting shall contain two diagonally located doors or hatches of a minimum of feet so as to provide access for fire fighting and be marked or identified as such points of access. (20) No addition to a mobile home shall be which would increase the living floor space of that mobile home; additions for the purposes of storage space, protection from sun and weather or other similar purpose, including but not limited to awnings, covered patios and carports, may be permitted only upon approval of the park operator and the Enforcement Officer. ARTICLE X OFF-STREET PARKING AND LOADING Section 1000 Required Off-Street Pariiing and Loading Spaces A. Parking Space. The following off-street parking provisions constitute the minimum space required for the following buildings and uses hereafter erected converted or otherwise established in any district except where alternate standards have been approved in conjunction with a PDD. One Family Detached Dwelling, Two Family Dwelling and Individual Mobile Home - Two off-street parking spaces for each dwelling unit, Multiple Family Dwelling and Mobile Home in Mobile Home Park - Two parking spaces for each dwelling unit. Motel, Hotel - One off street parking space for each rental room or suite, plus one additional space for each fiill-time employee on the premises at one time. Eating or drinking establishment - One off-street parking space for each fifty (50) square feet of floor area devoted to customer uses, plus one additional space for each full-time employee on the premises at one time. Church, Library and Fire Station - One off-street parking space for every four seats provided for patrons, customers, members, or guests, plus one additional space for each fiall-time employee on the premises at one time. a) Where places of public assembly are provided with benches rather than fixed undivided seats, each tow lineal feet of bench equals one seat. b) Where no fixed seats are used, each fifty (50) square feet of floor area shall equal one seat. Retail and Office uses - One off-street parking spaces for each one hundred (100) square feet of gross floor area. Institutions (uses 17-23) - One off-street parking space for each patient or resident bed (excluding bassinets), plus one space for each fiill-time employee on the premises at one time. However hospitals, sanitariums, or convalescent homes primarily providing long term custodian care for patients need not provide more than one space for each four patient beds. 28 ---PAGE BREAK--- Home Occupation - Two off-street parking spaces in addition to the requirement for the dwelling. Agricultural Drive-In Stand - One off-street parking space for each one hundred (100) square feet of area occupied by the stand, but in no case fewer than three such spaces. (10) Loading and Unloading Space - Off-street loading and unloading space, sufficient to accommodate the maximum demand generated by the use of the lot, shall be provided on any lot on which a building for commercial use is hereafter erected or substantially altered. All off-street loading and unloading spaces shall have an all weather surface to provide safe and convenient access and use during all seasons. Section 1001 Design of Off-street Parking and Loading Facilities A. All parking facilities provided under this Article shall be located off the public right-of-way and shall contain an area of at least two hundred (200) square feet per automobile parking space exclusive of access ways, aisles, and tum around space. Each driveway and tum around shall have an all-weather surface, which may consist of gravel, cmshed stone, concrete, or black top. Driveways and parking areas for residential uses except home occupations shall include, within the property line, turning areas so and surfaced that a vehicle entering or leaving the property is not required to back onto the street. B. Two or more establishments may join in meeting the requirements of this Article, provided that the total area for parking is the sum of the individual requirements. C. All illumination on parking lots shall be shielded so as not to produce a strong dazzling light upon abutting properties and streets. ARTICLE XI SIGNS Section 1100 Signs A. In an agricultural / residential district, no sign shall be erected or used except: A professional or announcement sign which may be illuminated on one or two faces but shall not be flashing, revolving, animated or otherwise in motion nor more than two square feet in area on each face. A non-illuminated temporary advertising sign, not more than twelve (12) square feet in area, for the sale or rental of the property on which it is located; and on a comer lot, two such signs, one facing each street. A non-illuminated advertising sign, not more than thirty-two (32) square feet in area, for the sale of products grown or produced on the premises; and on a comer lot, two such signs, one facing each street. Signs appropriate to a public or quasi-public building or necessary to legal process. 29 ---PAGE BREAK--- Identification signs for residential subdivisions not exceeding 32 sq.ft. when: approved by the Planning Board as a part of subdivision approval, or (ii) otherwise approved by the Zoning Board of Appeals. B. In all other districts, no sign shall be erected or used except: Those permitted in residential and agricultural districts. Not more than three signs, which may be illuminated on one or two faces but shall not be flashing, revolving, animated or otherwise in motion, having a total area not greater than ten percent (10%) of the area of the building facade facing the street and in no instance greater than one hundred (100) square feet. These signs shall be limited to advertising a business conducted on the premises. Advertising or display signs for shopping centers designed in accordance with an integrated sign plan approved by the Town of Victory Planning Board pursuant to Articles V and VII. C. General regulations: The following regulations shall apply to all signs: No sign in any district may extend over a sidewalk or other public way. No sign in any district unless attached to a building shall be located nearer to a street line than twenty-five (25) feet; nor, except in business or industrial districts, nearer to a side line than ten (10) feet. Building permits shall be required for all signs ten (10) square feet in area or larger, which shall be regarded as within the meaning of this Law. Advertising display upon any shall be regarded as a sign subject to this Law. No sign attached to a building in any district shall project above the height of the wall upon which it is attached. No freestanding signs shall be higher than twenty-five (25) feet above grade. No illuminated sign or outdoor illumination shall be erected or used so that light will directly reflect toward residences on adjoining lots, toward residential districts within one thousand (1,000) feet or toward a highway so as to create a traffic hazard. All accessory advertising devices of commercial enterprises other than signs permitted by the above regulations, such as, but not limited to, bunting, pennants, pinwheels or streamers, are prohibited. 30 ---PAGE BREAK--- ARTICLE XH NONCONFORMITIES Section 1200 Definitions A. Nonconforming or Lot. A or lot that does not conform to a dimensional regulation prescribed by this Law for the district in which it is located or to regulations for signs, off street parking, off street loading, or accessory buildings, but which or lot was in existence at the effective date of this Law and was lawful at the time h was established. B. Nonconforming Use. A use of a building or lot that does not conform to a use regulation prescribed by this Law for the district in which it is located, but which was in existence at the effective date of this Law and was lawful at the time it was established. Section 1201 Continuation The lawful use of any or land existing at the effective time of this Local Law may be continued although such use does not conform with the provisions of this Law except as otherwise provided in this Article. Section 1202 Alteration or Extension A. A use of land or which does not conform to the regulations ofthis Law shall not be altered, extended, or enlarged, except in accordance with the following provisions: Such alteration or extension shall be permitted only upon the same lot as in existence at the date the use became nonconforming. No increase in volume, area, or extent of the non conforming use shall exceed an aggregate of more than fifty (50) percent during the life of the nonconformity. For purposes of this section "Volume" does not mean volume of business but rather an increase of cubic volume within a B. A which does not conform to the regulations of the Law may be altered, or enlarged, provided that no such non conformity is increased beyond its extent on the date that it became a non conformity, provided that if the use or also falls under paragraph above of this section any change shall be subject to the provisions of that paragraph. Section 1203 Restoration A damaged by fire or other causes may be repaired or used for the same nonconforming use subject to the following provisions: A. The shall not exceed the height, area, or volume of the damaged except as provided by Section 1202. B. shall begin within six months from the date of damage and shall be carried on without intermption. 31 ---PAGE BREAK--- Section 1204 Abandonment Whenever a nonconforming use has been discontinued for one full year, such use shall not thereafter be reestablished and any future use shall be in conformity with the provisions of this Local Law. Section 1205 Changes Once changed to a conforming use, no or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to another nonconforming use only under the following conditions: A. Such change shall be permitted only by special permit, under the provisions of Section 1406. B. The applicant shall show that the nonconforming use cannot reasonably be changed to a use permitted in the district where such nonconforming use is located. C. The applicant shall show that the proposed change will be less objectionable in external effects than the existing nonconforming use with respect to; Traffic generation and congestion including tmck, passenger car and pedestrian traffic. Noise, smoke, dust, noxious matter, heat, glare, vibration. Storage and waste disposal. Appearance. Section 1206 Reserved Section 1207 District Changes Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification the foregoing provisions shall also apply to any nonconforming uses or existing therein. Section 1208 Zoning Permit Required Zoning permits shall be issued by the Zoning Officer for all lawfiil nonconforming uses existing at the effective date of this Law. The zoning permit shall include a statement that the use is nonconforming and shall list the specific conditions under which said use may continue. It shall be signed by both the Zoning Officer and the Owner. Section 1209 Nonconforming Lots of Record (See Section 401) 32 ---PAGE BREAK--- ARTICLE X m ADMINISTRATION Section 1300 Zoning Officer - Duties and Powers The provisions of this Law shall be administered and enforced by the Zoning Officer who shall be appointed by the Town Board. It shall be the duty of the Zoning Officer and he shall have the power to: A. Receive and examine applications for Zoning Permits and to refer application to the Planning Board for review and recommendation, when deemed advisable. B. Issue Zoning Permits after approval and certification of occupancy when there is compliance with the provisions of this Law and with other Town or Local Laws provided, however, the issuance of a Zoning Permit shall not be deemed a waiver of the requirements of any other Town Law or Local Law. C. Receive applications for special permits and forward these applications to the Town Board for action thereon. D. Following the refusal of a permit the applicant may appeal the alleged error of the Officer or seek a variance. In such cases the Officer shall: Supply appropriate forms for this purpose. Receive applications for appeals and/or variances. Forward such applications to the Zoning Board of Appeals within three days of receipt thereof E. Conduct inspections and surveys to determine compliance or noncompliance with the terms of this Law. F. Issue stop, cease, and desist orders, and order in writing correction all conditions found to be in violation of the provisions of this Law. Such written orders shall be served personally or by certified mail upon persons, firms or corporations deemed by the Zoning Officer to be violating the terms of this Law. G. With the approval of the Town Board, or when directed by them, institute in the name of the Town any appropriate action or proceedings to prevent the unlawful erection, alteration, conversion, maintenance or use; to restrain, correct, or abate such violation, so as to prevent the occupancy of or use of any building, or land, or so as to prevent the occupancy of or use of any building, or land, or to prevent any illegal act, conduct, business, or use in or about such premises. H. Revoke by order, a zoning permit issued under a mistake of fact or contrary to the law or to the provisions of this Law. I. Maintain a map showing the correct zoning classification of all land. 33 ---PAGE BREAK--- J. Upon the request of the own Board, the Planning Board or the Board of Appeals, present to such bodies facts, records, or reports which they may request to assist them in making decisions. Section 1301 Zoning Permits. A. No shall be erected, extended or moved: and no land or building changed in use, until a Zoning Permit has been secured from the Zoning Officer. Upon completion or changes in use or extension, or moving of the applicant shall notify the Zoning Officer of such completion. B. No permit shall be considered as complete or as permanently effective until the Zoning Officer has noted on the permit that the work or occupancy and use has been inspected and approved as being in conformity with the provisions of this Law. C. Zoning permits shall not be required for; general maintenance work, painting, clearing woodlands, building ponds, small storage sheds, tilling the soil, raising animals, fences, terraces, steps, or other similar features, landscaping. However, all such activities shall conform with the requirements of this Law. D. Zoning permits shall be issued with a one year life, renewable for two consecutive years, provided, however, that if the work is not commenced within six months after the issuance of the Zoning Permit, the permit shall automatically expire and a new permit shall be required before such work or change in uses commences. Section 1302 Special Provisions for Issuance of Zoning Permits in Areas Designated as Flood Hazard Areas by the National Flood Insurance Program(NFIP) A. The Zoning Officer when reviewing applications for Zoning Permits in these areas of any district, including plans and specifications for the proposed shall in addition to the regular duties, review all Zoning Permit apphcations to determine if the proposed is consistent with the need to minimize flood damage. B. The Zoning Officer in reviewing all applications for in flood hazard locations within the Town shall requne that any such proposed shall: Be designed and anchored to prevent the flotation, collapse or lateral movement of the or portions of the due to flooding. Use materials and utility equipment that are resistant to flood damage. Use methods and practices that will minimize flood damage. Provide adequate drainage in order to reduce exposure to flood hazard. Locate pubUc utilities and facilities on the site in such a manner as to be elevated and to minimize or eliminate flood damage, such utilities and facilities including sewer, gas, electrical and water systems. 34 ---PAGE BREAK--- Section 1303 Certification of Occupancy No land shall be used or occupied and no building hereafter erected, altered or extended shall be used or changed in use until a certificate of occupancy shall have been issued by the Zoning Officer stating that the buildings or proposed used there of complies with the provisions of this Law of the Town of Victory. Section 1304 Application Requirements for Zoning Permits A. All applications for Zoning Permits shall be made in writing by the owner, tenant, vendee under contract of sale, or authorized agent, on a form supplied by the Town, and shall be filed with the Zoning Officer. The application shall: Include a statement as to the proposed use of the building or land. Include a site layout drawn to scale showing the location, dimensions, and height of proposed buildings, or uses and any existing buildings in relation to property and street lines. Include the number, location and design of parking spaces and loading spaces if applicable. Include the size, dimensions, location and methods of illumination for signs, if applicable. Include any additional plans and information reasonably necessary for the Zoning Officer to ascertain whether the proposed use, change in use, erection, alteration, or addition complies with the provisions of this Law. B. A permit for any new use or which will involve the on site disposal of sewage or waste, or a change in use or an aheration which will result in an increased volume of sewage or waste to be disposed of on the site, or which will require a new or modified water supply, shall not be issued until a certificate of approval has been issued by the Cayuga County health Department. Section 1305 Issuance of Zoning Permits A. Zoning Permits shall be granted or refused within fifteen (15) days after the written application has been filed with the Zoning Officer except as provided elsewhere in this Law. Upon completion of the activity authorized by any Zoning Permit, the holder of such permit shall notify the Zoning Officer of each completion. B. All applications with accompanying plans and documents shall become, and be preserved, as a public record, subject to the disposition of the Town Board. Section 1306 Fees The applicant, at the time of application for a Zoning Permit, shall pay to the appropriate Town Official the fee for said permit as established by the Town Board. The Town Board may, from time to time, amend the fee schedule. Fees shall be established by the Town Board by resolution. 35 ---PAGE BREAK--- ARTICLE XIV ZONING BOARD OF APPEALS AND TOWN BOARD Section 1400 Establishment of Zoning Board of Appeals In order that the objectives of this Law may be more fiilly and equitably achieved and a means for competent interpretation of this Law provided, there is, established a Zoning Board of Appeals for the Town. Section 1401 Membership, Terms of Office The Zoning Board of Appeals shall consist of five members appointed by the Town Board pursuant to Town Law. Section 1402 Procedures, Meetings, Records, and Decisions A. Procedures. The Town Board shall appoint a chairman. The Zoning Board of Appeals shall appoint a secretary and shall prescribe mles in accordance with the provisions of the State Statutes and this Law for the conduct of its affairs. B. Meetings. Meetings shall be held at the call of the chairman and at such other times as the Zoning Board of Appeals shall specify in its mles of procedure. C. Records and Decisions. Minutes shall be recorded of all proceedings which shall contain evidence and data relevant to every case considered together with the votes of the members and final disposition of each case. Every decision of the Zoning Board of Appeals shall bear the signature of a majority of the members of the Zoning Board of Appeals on the original thereof All decisions of the Zoning Board of Appeals shall be permanently filed with the official Town records. The Zoning Board of Appeals shall notify the Town Board, Planning Board, and the Zoning Officer of all decisions and resolution. Section 1403 Notice of Hearings Upon filing with the Zoning Board of Appeals of an application for a zoning variance, or appeal from alleged error of the Zoning Officer the Board shall fix a reasonable time and place for a public hearing thereon and give notice as follows: A. At least five days prior to the date fixed for public hearing publish a notice in the official paper describing the location of the building or lot and the general nature of the question involved. At least five days before such hearing, the Board shall mail notices thereof to the adjacent parties and to the regional state park commission having jurisdiction over any state park or parkway within five hundred (500) feet of the property affected by such appeal. Section 1404 Powers, Duties, and Appeals from Alleged Error of Zoning Officer To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination, including any order requiring an alleged violator to stop, cease, and desist, made by the Zoning Officer in the enforcement of this Law. 36 ---PAGE BREAK--- Section 1405 Powers and Duties - Variances A. To authorize, upon appeals, in specific cases such variance from the terms of this Law as will not be contrary to public interest where owing to special conditions a literal enforcement of the provisions of this Law will result in unnecessary hardship, and so that the spirit of the Law shall be observed and substantial justice done. B. Applicant shall have the burden of proof in establishing his right to a variance. C. In reaching its decision the Board shall be guided by the following standards: That the granting of the variance shall be in harmony with the general purpose and intent of this Law and shall not be injurious to the neighborhood or otherwise detrimental to the public welfare. There must be proof of practical difficulty for the granting of an area variance. There are special circumstances or conditions, fiilly described in the findings, applying to the land or buildings for which the variance is sought, which circumstance or conditions are peculiar to such land or buildings and do not apply generally to land or buildings in the neighborhood, and that said circumstances or conditions are such that the strict application of the provisions of this Law would deprive the applicant of the reasonable use of such land or building. There must be proof of unnecessary hardship, for a use variance. If the hardship is general, that is if it is shared by neighboring property, relief can be properly obtained only by legislative action. That the granting of the variance is necessary for the reasonable use of the land or building and that the variance as granted by the Board is the minimum variance that will accomplish this purpose. It is not sufficient proof of hardship merely to show that the greater profit would result if the variance were granted. Furthermore, hardship complained of cannot be self created; it cannot be claimed by one who purchases with or without knowledge of restrictions; it must resuh from the application of the law; it must be suffered directly by the property in question; and evidence of variance granted under similar circumstances shall not be considered. D. The Board may prescribe any safeguard that it deems to be necessary to secure substantially the objectives of the regulation or provisions to which the variance applies. Section 1406 Powers and Duties - Special Permits A. The Town ZBA of Victory shall hear and decide upon application for Special Permits for any of the uses for which this Law requires the obtaining of a Special Permit from the Board. B. Applicant shall have the burden of proof in establishing his right to a Special Permit. 37 ---PAGE BREAK--- C. General Requirements and standards Applicable to all Special Permits. The Board shall grant a Special Permit when it finds adequate evidence that any proposed use submitted for a Special Permit will meet all of the following general requirements as well as any specific requirements and standards listed for the proposed use. The Board shall among other things require that any proposed use and location be: In the best interests of the Town, the convenience of the community, the public welfare, and be a substantial improvement to property in the immediate vicinity. Suitable for the property in question, and designed, operated, and maintained so as to be in harmony with and appropriate in appearance with the existing or intended character ofthe general vicinity. In conformance with all applicable requirements of this Law. Suitable in terms of effects on street or highway traffic and safety with adequate access arrangements to protect major streets from undue congestion and hazard. D. In granting a Special Permit, the Board may impose whatever conditions regarding layout, circulation, and performance it deems necessary to insure that any proposed development will secure substantially the objectives of this Law. These conditions may include but are not limited to the following: Increasing the required lot size or yard dimension. Limiting the height, size or location of buildings. Controlling the location and number of vehicle access points. Increasing the number of required off street parking spaces. Limiting the number, size, location and lighting of signs. Requiring fencing, screening, landscaping or other facilities to protect adjacent or nearby property. Designating sites for open space. Section 1407 Actions of the ZBA in Exercising Powers In exercising the above mentioned powers, the ZBA may, in conformity with the provisions of this Law, reverse or affirm wholly or partly, or may modify the order, requirement, decision, or determination, including a stop order or orders to cease and desist, as ought to be made. Notice of such decision shall forthwith be given to all parties in interest. 38 ---PAGE BREAK--- Section 1408 Who May Appeal Appeals to the Board of Appeals may be taken by any person or Town Official aggrieved or affected by any provision of this Law or by any decision including any order to stop, cease, and desist issued by the Zoning Officer in enforcing the provisions ofthis Law. Section 1409 Rules and Procedures for Filing Appeals and Applications A. General mles and procedures for appeals and applications. Any appeal shall be made by filing the same with the Zoning Officer within thirty (30) days after the date of the Zoning Officer's adverse decision. All appeals and applications made to the Board shall be in writing on standard forms prescribed by the Board. All appeals and applications shall refer to the specific provisions of this Law. All appeals and applications shall set forth names and addresses of all adjoining owners including those across public roads from the subject property. B. Appeals from alleged error. Appeals from alleged error of the Zoning Officer shall specify the alleged error, the Section or Sections of this Law to which it pertains, and the interpretation thereof that is claimed. C. Variance appeals. Appeals for variance from the strict application of this Law shall include the Zoning Permit application denied by the Zoning Officer together with a statement with any supporting evidence regarding the requirements listed in Section 1405. D. Special Permit applications. Applications for Special Permits shall include a Zoning Permit application with all information required therein and a statement with any supporting evidence regarding the merits of the proposed use at the proposed location and how the proposal complies with the general and specific requirements of this Law. Section 1410 Review by Planning Board on Application for Special Permits The Board shall request an advisory opinion form the Planning Board on all applications for Special Permits, The Planning Board shall submit a report of such advisory opinion prior to the date of the public hearing held by the Board on an apphcation. Section 1411 Appeal to Court Any person or persons, jointly or severally aggrieved by a decision of the Board of Appeals or any officer, department. Board or Bureau of the Tovm, may apply to the Supreme Court for review by a proceeding under Article seventy-eight (78) of the Civil Practice Law and mles. Such proceeding shall be instituted within thirty (30) days after the filing of a decision in the office of the Tovm Clerk. 39 ---PAGE BREAK--- Section 1412 Fees Appeals and apphcations before the Board of Appeals shall be accompanied by a payment to the Tovm in accordance with a Fee Schedule adopted by resolution of the Town Board. Section 1413 Review by Cayuga County Planning Board The Zoning Board of Appeals shall refer Variance and Special Permit applications to the County Planning Board when required by N.Y.S. General Municipal Law, ARTICLE XV AMENDMENTS, REMEDIES, PENALTIES, SEVERABILITY CLAUSE, REPEALER, AND EFFECTIVE DATE Section 1500 Amendments A. The Town Board may from time to time on its OAvn motion, or on petition, or on recommendation of the planning Board or the Zoning Board of Appeals amend, supplement or repeal the regulations and provisions of this Law after public notice and hearing. B. Every such proposed amendment or change, whether initiated by the Town Board or by petition shall be referred to the Planning Board for report thereon before the public hearing hereinafter provided for. The Town Board by resolution adopted at a stated meeting shall fix the time and place of a public hearing on the proposed amendments and cause notice to be given as follows: By publishing a notice of the time and place of the hearing at least ten (10) days prior to the date of such hearing in a paper of general circulation in the Town. A written notice of any proposed change or amendment affecting property within the protectively zoned area of a housing project authorized under the Public Housing Law, as such are is shovm on an approved zoning map filed with the Zoning Officer, shall be give to the housing authority erecting or ovming the project and to the government providing financial aid for assistance thereto at least ten (10) days prior to the date of such hearing. A written notice of any proposed change or amendment affecting property within five hundred (500) feet of the boundaries of any state park, or parkway shall be given in the regional State Park Commission having jurisdiction over such State Opark or parkway at least (10) days prior to the date of such hearing. In case, however, of a protest against such change signed by the owners of twenty (20) Percent or more of the area of land included in such proposed change or of that immediately adjacent extending one hundred (100) feet therefrom or of that directly opposite thereto, extending one hundred (100) feet from the street frontage of such opposite land, such amendment shall not become effective except by the favorable vote of at least four member of the Tovm Board. 40 ---PAGE BREAK--- Section 1501 Zoning Referral to Cayuga County Planning Board As required under New York State Cjeneral Municipal Law, certain Variances, Special Permits and Amendments shall be referred to the County Planning Board for review and recommendations. Section 1502 Enforcement and Remedies In case any building or is erected, altered, converted or maintained, or any building, or land is used in violation of this Article or of any other Local Law, or other regulation made under authority conferred thereby, the proper local authorities of the Town, in addition to other remedies, any institute any appropriate action or proceedings to prevent such unlawful erection, alteration, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, or land or to prevent any illegal act, conduct, business or use in or about such premises; and upon the failure or refusal of the proper local officer, board or body of the Town to institute any such appropriate action or proceeding for a period of ten (10) days after written request by a resident taxpayer of the Tovm so to proceed, any three taxpayers of the Tovm residing in the district wherein such violation exists, who are jointly or severally aggrieved by such violation, may institute such appropriate action or proceeding in like manner as such local officer, board or body of the Tovm is authorized to do. Section 1503 Fines and Penalties A. For any and every violation of the provisions of this Law The OAvner, general agent or contractor of a building or premises where such violation has been committed or shall exist; The ovmer, general agent, contractor, lessees, or tenant of any part of a building or premises in which part such violations have been committed or shall exist; and The general agent, architect, builder, contractor, or any other person who knowingly commits, takes part, or assists in any such violation or who maintains any buildings or premises in which any such violation shall exist, shall be Hable or conviction thereof to a fine or penalty not exceeding two hundred and fifty (250) dollars or by imprisonment for a period not exceeding six months or by both such fine and imprisonment. Each week continued violation shall constitute a separate additional violation. B. Whenever a violation of this Law occurs, any person may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the Zoning Officer who shall properly record such complaint and immediately investigate and report thereon to the Town Board. 41 ---PAGE BREAK--- Section 1504 Severability It is hereby declared to be the legislative intent that: A. Should the courts declare any provision of this Law to be invalid or ineffective in whole or in part, the effect ofsuch decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective, and all other provisions of this Law shall continue to be separately and fliily effective, B. Should the courts find the application of any provision or provisions of this Law to any lot, building or other or tract of land, to be invalid or ineffective, in whole, or in part, the effect of such decision shall be limited to the person, property, or situation immediately involved in the controversy, and the application of any such provision to other persons, property, or situations shall not be effected. Section 1505 Repealer All other existing Laws or parts of Laws in conflict with this Law, to the extent of the conflict and no further, are hereby repealed. Section 1506 Effective Date The effective date ofthis Law shall be March 1. 1990. Amended December 8, 1997 Amended August 14, 2000 Amended December 10, 2001 The amendments to this Law shall become effective twenty days after it's adoption and filing a copy with Office of the Secretary of State of the State of New York. Date Adopted: _December 10, 2001 _ 42 ---PAGE BREAK--- I hereby certify that the local law annexed hereto, designated as local law No. 2 of 2001 of the Town of Victory was amended and duly passed by the Tovm Board on ^fc^fec^ , 2001 in accordance with the applicable provisions oflaw. I fiirther certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph above. Date: (Seal) STATE OF NEW YORK ) COUNTY OF CAYUGA ) I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. 9v Town Attorney Town of Victory Date: 43