Welcome Welcome

to the Spring 2011 to the Spring 2011

Training Session for St. Training Session for St.

Lawrence County Lawrence County

Municipal Municipal

Planning Boards and Planning Boards and

Zoning Boards of AppealZoning Boards of Appeal

AgendaAgenda6:30 – 6:35 Introductions and Overview of Agenda 6:30 – 6:35 Introductions and Overview of Agenda

6:35 – 7:10 Distinguishing between home 6:35 – 7:10 Distinguishing between home occupations, small rural occupations, small rural

businesses, businesses,

and standard businessesand standard businesses

7:10 – 7:257:10 – 7:25 Introduction of the case studies to be Introduction of the case studies to be discussed in the breakout groups discussed in the breakout groups (forming of breakout groups) (forming of breakout groups)

7:25 – 7:30 Break7:25 – 7:30 Break

7:30 – 8:00 Planning and Zoning Board breakout 7:30 – 8:00 Planning and Zoning Board breakout group discussion (case studies) group discussion (case studies)

8:00 – 8:25 Reporting on decisions made 8:00 – 8:25 Reporting on decisions made

Wrap-up and Additional Training ResourcesWrap-up and Additional Training Resources

Home Occupations, Home Occupations, Small Small

Rural/Residential Rural/Residential Businesses and Businesses and

Standard BusinessesStandard Businesses - - What’s the What’s the

difference?difference?

BackgroundBackground Business development is the most common Business development is the most common

development proposal most Planning development proposal most Planning Boards and Zoning Boards address.Boards and Zoning Boards address.

Land use regulations provide for the Land use regulations provide for the separation of development. This makes separation of development. This makes the most sense for larger scale, disparate the most sense for larger scale, disparate uses (Home Depot next to a home uses (Home Depot next to a home daycare), but regulations also apply to daycare), but regulations also apply to smaller scale, personal type businesses.smaller scale, personal type businesses.

In this economic climate people are looking In this economic climate people are looking to do whatever they can in their homes to to do whatever they can in their homes to make some money. How tightly controlled make some money. How tightly controlled should this type of development be? should this type of development be?

Definitions – Home OccupationDefinitions – Home Occupation An occupation, profession, activity or use that is clearly a An occupation, profession, activity or use that is clearly a

customary, secondary, and incidental use of a residential dwelling customary, secondary, and incidental use of a residential dwelling unit which does not alter the exterior of the property or affect the unit which does not alter the exterior of the property or affect the residential character of the neighborhood residential character of the neighborhood (A Planners (A Planners Dictionary, APA)Dictionary, APA)

Main characteristics:Main characteristics:

-- Customarily conducted in the home-- Customarily conducted in the home-- Owner occupied-- Owner occupied-- Incidental use-- Incidental use-- Can only sell articles that are produced on premises -- Can only sell articles that are produced on premises

(Louisville/Madrid/Norfolk) (Louisville/Madrid/Norfolk)

Some examples:Some examples:

-- Professional or business office-- Professional or business office-- Art or photographic studio-- Art or photographic studio-- Dressmaker or seamstress-- Dressmaker or seamstress-- Barber or beauty shop-- Barber or beauty shop-- Day care in a family home (Norfolk only)-- Day care in a family home (Norfolk only)

Definitions – Small Definitions – Small Rural/Residential BusinessRural/Residential Business

A small scale business conducted as an accessory use A small scale business conducted as an accessory use on a residential premises by the owner-occupant and on a residential premises by the owner-occupant and no more than two non-resident employees under no more than two non-resident employees under conditions stipulated in the special use permit conditions stipulated in the special use permit standards. standards. (Town of Norfolk)(Town of Norfolk)

Main characteristics:Main characteristics:

-- owner occupied-- owner occupied-- limited number of employees-- limited number of employees-- minimum lot size standards-- minimum lot size standards-- does not have to be located in the home-- does not have to be located in the home

Some examples:Some examples:

-- gift or craft shop-- gift or craft shop-- medical or dental office-- medical or dental office-- -- day careday care-- memorial business-- memorial business

Definitions – Standard Definitions – Standard BusinessBusiness

A commercial establishment, office, institutional, or A commercial establishment, office, institutional, or industrial use which produces goods or distributes industrial use which produces goods or distributes goods and services goods and services (A Planners Dictionary, APA)(A Planners Dictionary, APA)

Main characteristics:Main characteristics:

-- Larger in scale (both in area and/or -- Larger in scale (both in area and/or employees)employees)

-- Often located in a commercial zone/area of -- Often located in a commercial zone/area of concentrated development concentrated development

Some examples:Some examples:

-- Lowe’s/Home Depot-- Lowe’s/Home Depot-- Shops along Main Street-- Shops along Main Street-- Kinney’s/Walgreen's-- Kinney’s/Walgreen's-- Restaurant uses-- Restaurant uses

So, What’s the So, What’s the difference? difference?

It’s all about scale and compatibility.It’s all about scale and compatibility.

Standard businessesStandard businesses are usually directed to are usually directed to an appropriate zoning district, or rezoning or an appropriate zoning district, or rezoning or annexation occurs to accommodate larger annexation occurs to accommodate larger scale development (NYSUT, Lowe’s).scale development (NYSUT, Lowe’s).

Home occupationsHome occupations have a definite location, have a definite location, but they must be scaled appropriately (floor but they must be scaled appropriately (floor area limitations) and compatible with area limitations) and compatible with surrounding neighborhood characteristics (no surrounding neighborhood characteristics (no external storage, etc.).external storage, etc.).

So, What’s the So, What’s the difference?difference?

Small rural and residential businessesSmall rural and residential businesses offer the greatest challenge and the offer the greatest challenge and the greatest opportunity – many businesses greatest opportunity – many businesses can be accommodated, but where do you can be accommodated, but where do you draw the line on size and impact? draw the line on size and impact?

The best way to address small The best way to address small rural/residential businesses is through the rural/residential businesses is through the special use permit – this offers a formal special use permit – this offers a formal review process with clear cut conditions review process with clear cut conditions that can mitigate compatibility problems.that can mitigate compatibility problems.

Conditions for Home Conditions for Home OccupationsOccupations

““There shall be no change in the exterior appearance There shall be no change in the exterior appearance of the building or premises other than a permitted of the building or premises other than a permitted sign in accordance with Section ….”(Town of sign in accordance with Section ….”(Town of Potsdam)Potsdam)

The number of employees allowed ranges from just The number of employees allowed ranges from just family members (T. of Massena) to family members family members (T. of Massena) to family members plus two additional employees (T. of Potsdam)plus two additional employees (T. of Potsdam)

Floor area allowed for usage ranges from 20% (T. of Floor area allowed for usage ranges from 20% (T. of Madrid, Norfolk), to 50% (V. of Potsdam)Madrid, Norfolk), to 50% (V. of Potsdam)

No offensive noise, vibration, glare, dust fumes, No offensive noise, vibration, glare, dust fumes, odors or electrical interference shall be producedodors or electrical interference shall be produced

Off-street parking is accommodated in some mannerOff-street parking is accommodated in some manner

Limit of one home occupation per dwellingLimit of one home occupation per dwelling

Conditions for Small Conditions for Small Rural/Residential Rural/Residential

BusinessesBusinesses The primary residence of the owner shall be located The primary residence of the owner shall be located

on the same premises as the business on the same premises as the business

Open storage of materials must be surrounded by a Open storage of materials must be surrounded by a visible barriervisible barrier

Minimum lot size of two acres (Town of Potsdam)Minimum lot size of two acres (Town of Potsdam)

Number of employees allowed is higher than home Number of employees allowed is higher than home occupations, 2 in Norfolk, 4 in the Towns of occupations, 2 in Norfolk, 4 in the Towns of Massena, Potsdam and StockholmMassena, Potsdam and Stockholm

200 foot setback from any residence (Town of 200 foot setback from any residence (Town of Potsdam)Potsdam)

Other ConsiderationsOther Considerations

Revising zoning may be a way to cut down Revising zoning may be a way to cut down on use variance requests, ZBAs should talk on use variance requests, ZBAs should talk to their municipal boards if they are seeing to their municipal boards if they are seeing a lot of these types of uses coming a lot of these types of uses coming through as use variance requests.through as use variance requests.

Zoning codes should have clear cut Zoning codes should have clear cut conditions listed as special exceptions that conditions listed as special exceptions that make it easy for Planning Boards to follow.make it easy for Planning Boards to follow.

A Case Study -- Town of A Case Study -- Town of MassenaMassena

Background:Background: A small business owner wishes A small business owner wishes to relocate a memorial business to an to relocate a memorial business to an accessory building on their residential lot.accessory building on their residential lot.

Problem:Problem: The business does not meet the The business does not meet the Town’s home occupation definition and it’s Town’s home occupation definition and it’s not located in a business/commercial zone. not located in a business/commercial zone. The Town’s Zoning Board of Appeals is The Town’s Zoning Board of Appeals is unable to grant a use variance. unable to grant a use variance.

A Case Study -- Town of A Case Study -- Town of MassenaMassena

Solution:Solution: The Town revised its Zoning Code The Town revised its Zoning Code to accommodate small rural businesses in to accommodate small rural businesses in the Residential-Agricultural zoning district.the Residential-Agricultural zoning district.

Lesson Learned: Lesson Learned: Revising the code in this Revising the code in this manner may reduce the number of use manner may reduce the number of use variance requests. Conditions should not variance requests. Conditions should not be project specific, but generic enough to be project specific, but generic enough to accommodate a variety of business uses. accommodate a variety of business uses. Such a provision results in better planned Such a provision results in better planned development.development.

Case StudiesCase Studies

Zoning Boards of Appeals:Zoning Boards of Appeals: Area VarianceArea Variance Use VarianceUse Variance

Planning Boards:Planning Boards: Special Use Permit/Special ExceptionSpecial Use Permit/Special Exception Site PlanSite Plan

Area Variance Case StudyArea Variance Case Study

Reduce 75’ front yard setback to 59’ Reduce 75’ front yard setback to 59’ to allow for the construction of a gift to allow for the construction of a gift shopshop

Property:Property: One business use currently on lotOne business use currently on lot Adequate parking existsAdequate parking exists Good access off of a State HighwayGood access off of a State Highway

NeighborhoodNeighborhood Zoned General Commercial Zoned General Commercial

““To delineate areas appropriate for general To delineate areas appropriate for general commerce activity and to reserve them for commerce activity and to reserve them for this use.”this use.”

A variety of commercial and light A variety of commercial and light industrial usesindustrial uses

Residences Residences

Convenience store with gas pumpsConvenience store with gas pumps

Five Balance of Interest Five Balance of Interest TestsTests

Undesirable or detrimental change?Undesirable or detrimental change?

Feasible alternative?Feasible alternative?

Is variance substantial?Is variance substantial?

Adverse impact?Adverse impact?

Was difficulty self-created?Was difficulty self-created?

Use Variance Case StudyUse Variance Case Study

Applicant wishes to open a bait shop in Applicant wishes to open a bait shop in the garage of a private residencethe garage of a private residence

The proposed use does not meet the The proposed use does not meet the definition of a home occupationdefinition of a home occupation

Property:Property:-- Residential lot 100’ by 288’ (0.66 ac)-- Residential lot 100’ by 288’ (0.66 ac)

NeighborhoodNeighborhood

Zoned Residential-B: “Zoned Residential-B: “The purpose of The purpose of this district is to maintain and protect the this district is to maintain and protect the integrity of residential areas designed to integrity of residential areas designed to accommodate a mixture of single and accommodate a mixture of single and two family structures and compatible two family structures and compatible public uses by requiring lot and building public uses by requiring lot and building standards and prohibiting the standards and prohibiting the intermixture of single- and two-family intermixture of single- and two-family dwellings with incompatible uses.”dwellings with incompatible uses.”

Four Legal TestsFour Legal Tests

Reasonable return on property?Reasonable return on property?

Hardship unique?Hardship unique?

Alter neighborhood character?Alter neighborhood character?

Hardship self-created?Hardship self-created?

Special Use Permit Case Special Use Permit Case StudyStudy

Applicant wishes to open a full service Applicant wishes to open a full service glass shopglass shop

The town has determined that the retail The town has determined that the retail use is a small business operationuse is a small business operation

Property:Property:-- Parcel is 13.1 acres in size-- Parcel is 13.1 acres in size-- Residential use located next door-- Residential use located next door-- Parking exists on site-- Parking exists on site

Special Exception Special Exception StandardsStandards

Minimum lot size 2 acresMinimum lot size 2 acres No more than four full-time employeesNo more than four full-time employees Must be conducted entirely within an enclosed areaMust be conducted entirely within an enclosed area Must be located 200 feet away from any residence Must be located 200 feet away from any residence

not on the same parcel and adequately screened not on the same parcel and adequately screened from residential propertyfrom residential property

Adequate off-street parking required (1 space for Adequate off-street parking required (1 space for every 150 sq ft of business area)every 150 sq ft of business area)

No offensive noise, vibration, glare, dust fumes, No offensive noise, vibration, glare, dust fumes, odors or electrical interference shall be producedodors or electrical interference shall be produced

Signage must be in compliance with regulations Signage must be in compliance with regulations (for this use max signage can not exceed 50 (for this use max signage can not exceed 50 square feet)square feet)

Site Plan Case StudySite Plan Case Study

Applicant proposes to use three Applicant proposes to use three appropriately zoned parcels to construct a appropriately zoned parcels to construct a 9,180 square foot Family Dollar Store9,180 square foot Family Dollar Store

The project is located adjacent to a The project is located adjacent to a residential districtresidential district

The applicant is proposing 32 parking The applicant is proposing 32 parking spacesspaces

Typical Site Plan Review Typical Site Plan Review ConsiderationsConsiderations

Scale of the development and proposed Scale of the development and proposed improvements to the lot improvements to the lot

ParkingParking Separation and screening of the use from Separation and screening of the use from

adjoining property ownersadjoining property owners Adequate provision for control and Adequate provision for control and

mitigation of on-site drainagemitigation of on-site drainage Light pollution and mitigationLight pollution and mitigation Safe and appropriate access and egressSafe and appropriate access and egress Appropriate amount of landscaping for the Appropriate amount of landscaping for the

intended useintended use

5 Minute Break5 Minute Break

Project Referral to the Project Referral to the County Planning BoardCounty Planning Board

GML Section 239m/n: Referral of GML Section 239m/n: Referral of proposed Planning and Zoning Actions.proposed Planning and Zoning Actions. In any city, town or village which is located in In any city, town or village which is located in a county which has a county planning a county which has a county planning agency, or, in the absence of a county agency, or, in the absence of a county planning agency, which is located within the planning agency, which is located within the jurisdiction of a planning agency or regional jurisdiction of a planning agency or regional planning council duly created pursuant to the planning council duly created pursuant to the provisions of lawprovisions of law, each referring body , each referring body shall, before taking final action on shall, before taking final action on proposed actions included in subdivision proposed actions included in subdivision three of this section, refer the same to three of this section, refer the same to such county planning agencysuch county planning agency or regional or regional planning council.planning council.

What needs to be referred. What needs to be referred. GML Section 239m 3(a).GML Section 239m 3(a).

(i) adoption or amendment of a (i) adoption or amendment of a comprehensive plan comprehensive plan pursuant to section two pursuant to section two hundred seventy-two-a of hundred seventy-two-a of the town law, the town law, section 7-722 of the Village law or section 7-722 of the Village law or section section twenty-eight-a of the general city law;twenty-eight-a of the general city law;

(ii) adoption or amendment of a zoning (ii) adoption or amendment of a zoning ordinance or ordinance or local law; local law;

(iii) issuance of special use permits;(iii) issuance of special use permits;(iv) approval of site plans;(iv) approval of site plans;(v) granting of use or area variances;(v) granting of use or area variances;(vi) other authorizations which a referring body (vi) other authorizations which a referring body

may may issue under the provisions of any issue under the provisions of any zoning ordinance zoning ordinance or local law. or local law.

Additional Training Additional Training ResourcesResources

http://www.dos.state.ny.us/lg/lut-onlihttp://www.dos.state.ny.us/lg/lut-onlinetraining.htmlnetraining.html

Local Government Conference, Tuesday, Local Government Conference, Tuesday, October 11, 2011, SUNY PotsdamOctober 11, 2011, SUNY Potsdam

County Planning Office, 379-2292County Planning Office, 379-2292 http://www.opengeohost.com/maps/shttp://www.opengeohost.com/maps/s

tlawrence/tlawrence/