Welcome Welcome

to the Spring 2013 to the Spring 2013

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 – 6:55 The Role of the Planning Board in 6:35 – 6:55 The Role of the Planning Board in reviewing Site Plans and Special reviewing Site Plans and Special

PermitsPermits

6:55 – 7:156:55 – 7:15 Tips for the ZBA in use and area Tips for the ZBA in use and area variance variance deliberations deliberations

7:15 – 7:257:15 – 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

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

The Planning Board -- Site The Planning Board -- Site PlansPlans

Site Plan defined:Site Plan defined:

A drawing, prepared in accordance A drawing, prepared in accordance with local specifications, that with local specifications, that shows the "arrangement, layout shows the "arrangement, layout and design of the proposed use and design of the proposed use of a single parcel of land."of a single parcel of land."

The Planning Board -- Site PlansThe Planning Board -- Site Plans

The role of the Planning Board is to approve, or deny The role of the Planning Board is to approve, or deny site plans. In deliberating some things to keep in site plans. In deliberating some things to keep in mind include:mind include:

1. Is the application complete?1. Is the application complete?-- Is it ready for review?-- Is it ready for review?-- Fees submitted-- Fees submitted-- Elements in local code met-- Elements in local code met

2. Know the calendar2. Know the calendar-- If a hearing is required when does it need to -- If a hearing is required when does it need to

be held?be held?-- Action needs to be taken 62 days after -- Action needs to be taken 62 days after

submission if submission if no hearing held no hearing held-- Is County Referral required? (County has 30 -- Is County Referral required? (County has 30

days to days to respond) respond)

The Planning Board -- Site The Planning Board -- Site PlansPlans

3. What should a good site plan look like?3. What should a good site plan look like?

Legal data (tax map #, owner name, date, Legal data (tax map #, owner name, date, north arrow, scale)north arrow, scale)

Parking configurationParking configuration Means of access (and egress)Means of access (and egress) Screening and landscapingScreening and landscaping SignsSigns LightingLighting Snow storageSnow storage Location/dimension of buildingsLocation/dimension of buildings Adjacent land uses and featuresAdjacent land uses and features

Site Plan ExamplesSite Plan Examples

Site Plan ExamplesSite Plan Examples

Site Plan ExamplesSite Plan Examples

Special Use PermitsSpecial Use Permits

SUP defined: SUP defined: ““The authorization of a particular The authorization of a particular

land use that is permitted in a land use that is permitted in a zoning law subject to specific zoning law subject to specific requirements that are imposed to requirements that are imposed to assure that the proposed use is in assure that the proposed use is in harmony with the immediate harmony with the immediate neighborhood and will not neighborhood and will not adversely affect surrounding adversely affect surrounding properties”properties”

Special Use PermitsSpecial Use PermitsSUPs offer an additional layer of protection for uses SUPs offer an additional layer of protection for uses

that are less compatible such as:that are less compatible such as:

--agricultural uses in residential zones--agricultural uses in residential zones--home occupations--home occupations--small rural businesses--small rural businesses--group dwellings--group dwellings--bar/restaurants--bar/restaurants--auto service and repair--auto service and repair

Special Use PermitsSpecial Use Permits

Common SUP conditions include:Common SUP conditions include:

--minimum lot sizes, lot coverage & setbacks--minimum lot sizes, lot coverage & setbacks

--buffering to address lighting, noise, odor --buffering to address lighting, noise, odor etc.etc.

--sales limitations for businesses --sales limitations for businesses

--number of employee restrictions--number of employee restrictions

--traffic impacts (parking, access, etc.)--traffic impacts (parking, access, etc.)

-- limited change in appearance-- limited change in appearance

Special Use PermitsSpecial Use PermitsThe role of the Planning Board in reviewing The role of the Planning Board in reviewing

SUPs is to ensure that all conditions listed SUPs is to ensure that all conditions listed in the code are addressedin the code are addressed

The calendar is important to keep in mind The calendar is important to keep in mind for SUPs as well – public hearings are for SUPs as well – public hearings are requiredrequired within 62 days of submission within 62 days of submission and a decision 62 days after the hearingand a decision 62 days after the hearing

County review may be necessaryCounty review may be necessary

Conditions of ApprovalConditions of Approval Site plans, special permits and Site plans, special permits and

subdivisions can have conditions attachedsubdivisions can have conditions attached

Condition: Condition: A requirement or qualification A requirement or qualification that is attached to the approval of a that is attached to the approval of a project. Must be satisfied before issuing a project. Must be satisfied before issuing a building permit or certificate of building permit or certificate of occupancy. (NYMIR Web Glossary)occupancy. (NYMIR Web Glossary)

The goal is to balance the applicant’s The goal is to balance the applicant’s development interest and protecting the development interest and protecting the community from adverse impactscommunity from adverse impacts

Limitations to ConditionsLimitations to Conditions

They must be rational, reasonable, They must be rational, reasonable, and related to the project in questionand related to the project in question

They must relate to the “use and not They must relate to the “use and not the user” and cannot regulate the user” and cannot regulate “details of the operation.”“details of the operation.”

Use & Area VariancesUse & Area Variances

Occurs in communities with zoningOccurs in communities with zoning Applicant seeking an exception from Applicant seeking an exception from

the rule:the rule: Establish a use that isn’t allowed (use Establish a use that isn’t allowed (use

variance)variance) A reduction in a dimensional A reduction in a dimensional

requirement (area variance)requirement (area variance) Provides relief from strict application Provides relief from strict application

of the lawof the law

Zoning Board of AppealsZoning Board of Appeals

Variances granted by a ZBAVariances granted by a ZBA

Can also conduct interpretations if an Can also conduct interpretations if an applicant and CEO disagree on applicant and CEO disagree on understanding of definition or understanding of definition or regulationregulation

The ZBA does not review Planning The ZBA does not review Planning Board decisions!Board decisions!

Use VariancesUse Variances

Property must demonstrate hardship Property must demonstrate hardship by satisfying each of the legal tests:by satisfying each of the legal tests:

No reasonable return on the propertyNo reasonable return on the property Hardship is uniqueHardship is unique Will not alter essential character of Will not alter essential character of

neighborhoodneighborhood Hardship is not self-createdHardship is not self-created

Area VariancesArea Variances

Examine balance of interest through Examine balance of interest through five considerations: five considerations:

Undesirable change to neighborhoodUndesirable change to neighborhood Can an alternative be achievedCan an alternative be achieved Whether variance is substantialWhether variance is substantial Negative impacts to environmentNegative impacts to environment Is hardship self-createdIs hardship self-created

The Referral ProcessThe Referral Process

GML Section 239m/n:GML Section 239m/n:

If a county planning agency or If a county planning agency or regional planning council regional planning council exists, application materials exists, application materials must be referred must be referred beforebefore taking final action on the taking final action on the proposal.proposal.

What is ReferredWhat is Referred

GML Section 239m 3(a):GML Section 239m 3(a):(i) (i) adoption or amendment of a adoption or amendment of a

comprehensive plancomprehensive plan(ii) (ii) adoption or amendment of a zoning adoption or amendment of a zoning

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

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

Features that Trigger Features that Trigger ReferralReferral

Within 500’ of:Within 500’ of: Municipal boundary;Municipal boundary; County/State park or recreation area;County/State park or recreation area; County/State road or right of way;County/State road or right of way; County stream or drainage channel;County stream or drainage channel; County/State land with public facility;County/State land with public facility; A farm operation in an Ag DistrictA farm operation in an Ag District

Project Referral MapsProject Referral Maps

Case StudiesCase Studies

Planning Boards:Planning Boards: Site PlanSite Plan Special Use PermitSpecial Use Permit

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

Site Plan Case StudySite Plan Case Study Applicant proposes to construct an 18,424 Applicant proposes to construct an 18,424

sq. ft. 3 story, 97 room hotelsq. ft. 3 story, 97 room hotel

The hotel is located in a B-1 zone and is The hotel is located in a B-1 zone and is permitted after site plan reviewpermitted after site plan review

All fees have been paid and the All fees have been paid and the application is complete and ready for application is complete and ready for review at your next meetingreview at your next meeting

Site Plan Case StudySite Plan Case StudySite considerations may include:Site considerations may include:

Internal circulation (a study suggested Internal circulation (a study suggested internal access roads to provide secondary internal access roads to provide secondary entrances for uses in the B-1 zone be entrances for uses in the B-1 zone be considered)considered)

Pedestrian accessPedestrian access

Snow storageSnow storage

Parking (112 spaces are required)Parking (112 spaces are required)

LightingLighting

Special Use Permit Case Special Use Permit Case StudyStudy

Applicant proposes to reuse an Applicant proposes to reuse an existing repair garage for an ATV and existing repair garage for an ATV and Snowmobile repair shopSnowmobile repair shop

Applicant has submitted all Applicant has submitted all paperwork and job of the Planning paperwork and job of the Planning Board is to ensure that applicant Board is to ensure that applicant meets specific standardsmeets specific standards

Special Use Permit Case Special Use Permit Case StudyStudy

Specific StandardsSpecific Standards 1 acre minimum lot size1 acre minimum lot size 150 feet of lot frontage150 feet of lot frontage Use must be 200 feet away from any lot Use must be 200 feet away from any lot

occupied by a residence, school, religious occupied by a residence, school, religious institution, hospitalinstitution, hospital

Bulk fuel storage must meet state regs and Bulk fuel storage must meet state regs and be at least 35 feet from any property linebe at least 35 feet from any property line

No exterior storage of dismantled vehicles is No exterior storage of dismantled vehicles is permitted for a period of more than 10 dayspermitted for a period of more than 10 days

No exterior storage of disabled vehicles is No exterior storage of disabled vehicles is permitted for a period of more than 30 dayspermitted for a period of more than 30 days

Area Variance Case Area Variance Case StudyStudy

Applicant is seeking area variance to Applicant is seeking area variance to exceed maximum height limit by 4’ 6”exceed maximum height limit by 4’ 6”

Max height in B-1 zone: 3 stories or 40’Max height in B-1 zone: 3 stories or 40’

Hotel parapet will reach 44’ 6”Hotel parapet will reach 44’ 6”

Use Variance Case StudyUse Variance Case Study Applicant seeking a use variance to Applicant seeking a use variance to

allow 5-unit apartment building with allow 5-unit apartment building with ground floor apartmentsground floor apartments

Building is a former hotelBuilding is a former hotel

Located in the Commercial-Highway Located in the Commercial-Highway zonezone

The PropertyThe Property Three-story buildingThree-story building

If approved: 2 apts on ground floor, 2 If approved: 2 apts on ground floor, 2 apts on 2apts on 2ndnd floor, 1 apt on 3 floor, 1 apt on 3rdrd floor floor

Commercial-Highway zone: Areas Commercial-Highway zone: Areas appropriate for heavy commercial & appropriate for heavy commercial & light industrial uses.light industrial uses.

4-Unit dwellings allowed via SUPs4-Unit dwellings allowed via SUPs

The NeighborhoodThe NeighborhoodSurrounding uses: Surrounding uses: Single family residences, auto repair Single family residences, auto repair

shop, trucking terminal, and public shop, trucking terminal, and public parkpark

Ground floor apartments prohibited by Ground floor apartments prohibited by Town Board in April, 2009Town Board in April, 2009

5 Minute Break5 Minute Break

Other Training ResourcesOther Training Resources

http://www.dos.ny.gov/lg/http://www.dos.ny.gov/lg/onlinetraining/interactive.htmlonlinetraining/interactive.html

Local Government Conference, Tuesday, Local Government Conference, Tuesday, October 15, 2013, SUNY PotsdamOctober 15, 2013, SUNY Potsdam

County Planning Office, 379-2292County Planning Office, 379-2292

http://geoserving.net/stlawrence/http://geoserving.net/stlawrence/

http://www.dos.ny.gov/lg/http://www.dos.ny.gov/lg/onlinetraining/interactive.htmlonlinetraining/interactive.html

Local Government Conference, Tuesday, Local Government Conference, Tuesday, October 15, 2013, SUNY PotsdamOctober 15, 2013, SUNY Potsdam

County Planning Office, 379-2292County Planning Office, 379-2292

http://geoserving.net/stlawrence/http://geoserving.net/stlawrence/