Town of Pompey, NY
Onondaga County
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Table of Contents
Table of Contents
[Amended 6-1-1998 by L.L. No. 1-1998]

§ 165-41 Enforcement.

This chapter shall be enforced by the Zoning Enforcement Officer or other designated official, who shall be appointed by the Town Board. No zoning permit or certificate of occupancy shall be issued by him except in compliance with the provisions of this chapter.

§ 165-42 Building permit.

A. 
No building in any district shall be erected, added to, structurally altered or demolished until a permit has been issued by the Zoning Enforcement Officer. No such zoning permit or certificate of occupancy shall be issued for any building where said construction, addition or alteration or use thereof would be in violation of any of the provisions of this chapter.
B. 
All applicants for zoning permits shall submit two copies of a layout or plot plan drawn to scale and with all dimensions shown, showing the exact size and location on the lot of the building and accessory buildings and the intended use of the building. Zoning permits shall expire one year from date of issuance.

§ 165-43 Certificate of occupancy.

A. 
A certificate of occupancy shall be applied for coincidental with the application for a zoning permit. A certificate of occupancy shall be issued by the Zoning Enforcement Officer upon completion of a structure erected or altered, for the occupancy of the structure and the use designated in the permit for building, provided that the structure and the premises actually comply with the provisions of this chapter. Said certificate shall be issued within 10 days after the erection or alteration shall have been approved as complying with the provisions of this chapter.
B. 
No nonconforming use shall be renewed or changed or extended until a zoning permit has been issued by the Enforcement Officer.
C. 
The Zoning Enforcement Officer shall maintain a record of all certificates, and copies shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building affected.
D. 
The applicant shall provide the Zoning Enforcement Officer with an "as-built" survey of the foundation and/or basement wall prior to construction beyond the foundation.
E. 
In addition to all other requirements applicable thereto, no certificate of occupancy shall be issued unless the applicant certifies that there is at least one operative smoke detector for each dwelling unit within the building; and, in any residence containing a solid-fuel-burning unit, the applicant shall certify that there is, in addition to the preceding requirement, one operative smoke detector for each floor of living space.
F. 
A fee may be charged for every request to the Zoning Enforcement Officer for a certificate of occupancy; and an additional fee may be charged for each return inspection required at the final inspection stage only. Said fees to be in such amounts as may from time to time be determined by the Town Board.

§ 165-44 Site plan review.

A. 
Where required. All new structures, modifications, alterations or replacements of existing structures, as well as the establishment of any new use or any change in an existing use, shall be subject to site plan review by the Town Planning Board as hereafter set forth, except that the Zoning Enforcement Officer shall have the authority to issue a building permit without prior site plan approval by the Planning Board for expansion of an existing building or structure which has been the subject of a previous site plan approval upon the Zoning Enforcement Officer's determination:
(1) 
That the proposed addition is in full compliance with existing zoning regulations; and
(2) 
That the addition does not exceed 50% of the ground-level space of the existing building or structure, or 10,000 square feet, whichever is less; or
(3) 
Where the structure is a single- or two-family residence or a structure accessory to such use.
B. 
Application. In all cases where site plan approval is required, the owner or his contract purchaser or lessee shall complete an application for site plan approval on the forms available therefor from the Zoning Enforcement Officer. No such application shall be complete unless it shall contain the following:
(1) 
A site plan prepared by an architect, landscape architect, engineer or land surveyor containing the information and data as required by this section and the Zoning Enforcement Officer.
(2) 
A completed environmental assessment form as required by 6 NYCRR Part 617 (SEQRA).
(3) 
All necessary application fees and deposits as required by the Zoning Enforcement Officer.
(4) 
Any other or further data or information as may be reasonably required by the Zoning Enforcement Officer.
C. 
Site plan requirements. The site plan map or maps shall contain the following information and elements:
(1) 
A survey of the property, dated within six months of submission.
(2) 
Names and addresses of the owner of the site as well as all other owners within 200 feet of the site.
(3) 
The zoning classification of the site and all property within 200 feet.
(4) 
All existing easements and/or restrictions of record including rights-of-way, fully dimensioned.
(5) 
All existing and proposed utilities, both public and/or private.
(6) 
All existing and proposed buildings or structures and mature trees.
(7) 
All watercourses, marshes, rock outcroppings, wooded areas, wetlands (DEC or Corps of Engineers), floodplains, (based on FEMA maps) or other significant natural or man-made features.
(8) 
Topographic information (spot elevations for areas with slopes less than 2% and two-foot contours for slopes greater than 2%).
(9) 
Proposed land use.
(10) 
All driveways, parking lots, curbing, loading spaces and driving lanes, including proposed on- and off-site circulation patterns.
(11) 
All proposed landscaping, plantings, screening devices and exterior lighting.
(12) 
All proposed signs.
(13) 
Existing and proposed fire hydrants and fire-suppression connections.
(14) 
Detailed drainage plans showing on-site storage, floodways and proposed easements, including siltation and erosion control plans.
(15) 
Proposed grading.
(16) 
Construction sequence and timing of completion of all improvements.
(17) 
Architectural renderings and floor plans showing pedestrian and vehicular access.
(18) 
Such other information or details as may be reasonably required by the Zoning Enforcement Officer or the Planning Board.
(19) 
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Article VI, Stormwater Management and Erosion and Sediment Control, of this chapter shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Article VI of this chapter. The approved site plan shall be consistent with the provisions of Local Law No. 2 of 2007.
[Added 2-5-2007 by L.L. No. 2-2007]
D. 
Zoning Enforcement Officer's discretion. The Zoning Enforcement Officer may waive any of the requirements of Subsection B or C above as he deems appropriate at the time of submission. Such discretion, however, shall not deprive the Planning Board of the right to require such omitted information.
E. 
Procedure.
(1) 
Following receipt of an application which he determines to be complete, the Zoning Enforcement Officer shall issue public notice of a hearing in a designated newspaper at least five days prior to the date thereof and notice of the hearing by mail to the applicant at least 20 days prior to said hearing, and shall refer a copy of the application to the Onondaga County Planning Board, if required by General Municipal Law § 239-m, as well as the Town Engineer and the state, county or Town Highway Department having jurisdiction over adjacent or proposed highways and such other persons or agencies as in his discretion seems advisable. The applicant, in turn, shall be responsible for notifying, by certified mail, all property owners of record within 1,000 feet of the boundary line of the property to which the application relates of the time, date and place of such public hearing at least 10 days prior to such hearing. Notice shall be deemed to have been given if mailed to the property owner at the tax billing address listed on the property tax records of the Town Assessor. At least seven days prior to such public hearing, the applicant shall file with the Planning Board an affidavit verifying that notice was properly mailed to nearby property owners. Failure of the property owners to receive such notice shall not be deemed a jurisdictional defect.
[Amended 12-2-2013 by L.L. No. 6-2013]
(2) 
At the hearing the Town Planning Board may require such additional information from the applicant as it deems appropriate or necessary to making a decision on the application. Said decision giving approval, approval with modifications or disapproval of the project shall be made within 62 days after the hearing.
(3) 
In the event that the Planning Board review determines that an area variance is required by the proposal, the matter shall be referred to the Town Zoning Board of Appeals, and the sixty-two-day decision time shall be stayed during the time of such referral.
(4) 
The time for decision set forth above may be extended by mutual consent of the Planning Board and the applicant.
F. 
Review criteria.
(1) 
The Planning Board shall review each application for site plan approval in order to determine, to the extent practicable, that all elements of the site design and layout serve to promote the following goals and objectives:
(a) 
Compatibility of the proposed use with neighboring uses.
(b) 
Safe and appropriate movement on- and off-site of vehicles and pedestrians.
(c) 
Adequacy of firesafety and suppression systems.
(d) 
Suitability of landscaping, buffering, lighting and hours of operation.
(e) 
Adequacy of proposed drainage and sewage systems and other infrastructure.
(f) 
Suitability of proposed signage.
(g) 
Appropriateness of architectural design and treatment considering neighboring structures.
(2) 
The Planning Board, when rendering a decision on a proposed site plan, may approve, approve with modifications or disapprove such proposal. In addition, the Planning Board shall have the right to impose on any such approval or approval with modification any conditions or restrictions as in the opinion of the Planning Board are both reasonable and directly related to or incidental to the proposed site plan or use.
G. 
Criteria for specific uses.
[Added 4-8-2002 by L.L. No. 1-2002]
(1) 
Schools.
(a) 
Use of these facilities centers around particular events, such as classes, meetings, services and social gatherings, and results in short periods of intense activity and traffic generation. These uses should be located so that safe and efficient access is possible and the impact on residential uses minimized.
(b) 
Effective fencing or landscaped screening shall be maintained along the side and rear lot lines to buffer neighboring lots from light, dust and noise and visual impacts of the use.
(2) 
Home occupations. The following provisions are to allow residents to conduct incidental business activities within their homes while not altering the character, use or appearance of the property as a residential dwelling. Special permits for home occupations are granted specifically to the occupant of the dwelling and shall cease upon the departure of the occupant and may not be transferred to a new owner or occupant without the express approval of the Zoning Board of Appeals. The Town Code Enforcement Officer shall certify that a home occupation has ceased operation. A home occupation discontinued for a period of 12 consecutive months may not be reestablished without the new approval of the Zoning Board of Appeals and in compliance with these regulations. No home occupation existing on the date of enactment of this chapter may be modified or in any way altered except in compliance with this section.
(a) 
Total employment, including that of occupants, shall not exceed two persons.
(b) 
No exterior display or indication of the activity shall be visible to the general public, including but not limited to:
[1] 
Outdoor sales or display of items for sale.
[2] 
Signs, except professional identification signs not to exceed two square feet.
[3] 
On-site parking of not more than the two commercial vehicles associated with the home occupation, unless housed in an enclosed residential garage.
[4] 
Any variation in the residential character of the property, such as construction of a separate entrance, other exterior structural alterations or addition of parking areas.
[5] 
Outdoor storage of any materials or goods associated with the home occupation.
(c) 
Such activity is to be confined within the principal or accessory structure, and no yard area is to be used in conjunction with the activity except for required parking spaces or as specified in Subsection G(2)(k) below.
(d) 
The gross floor area within a principal or accessory structure used or occupied in conjunction with the home occupation, inclusive of basements, attics, cellars and similar areas, shall not be greater than 25% of the first floor of the principal structure, regardless of location, but shall in no case exceed a cumulative total of 500 square feet.
(e) 
The following activities are prohibited: restaurant, tavern, funeral home and motor vehicle repair or dismantling.
(f) 
On-premises sale of merchandise is prohibited except where clearly incidental and secondary to the home occupation, limited in scope and where there is no display of items for sale in any configuration resembling a retail store.
(g) 
The home occupation shall not require more than the customary number of delivery vehicles nor create any hazard to neighboring persons or property and shall not cause any electronic interference, excessive noise, vibration, smoke, dust, odors, heat or glare on surrounding properties.
(h) 
Students receiving instruction in the visual or performing arts, including but not limited to music, dance, fine arts or crafts, within any common period of time shall not exceed five.
(i) 
There shall be only one home occupation allowed per family, per dwelling unit. Home occupations shall be allowed in multiple-family dwellings but only within those units that have direct pedestrian access to the outside of the structure and do not require any customer of the home occupation to use a shared or common corridor.
(j) 
The exterior storage or parking of construction equipment or vehicles, machinery or building materials is prohibited unless specifically provided for by the Zoning Board of Appeals.
(k) 
The raising and harboring of domestic pets for sale is permitted, provided that facilities are maintained no closer than 100 feet to any property line and the lot has a minimum lot area of five acres.
(3) 
Farm stands.
(a) 
The products sold from a farm stand shall be limited to field, fruit, vegetable or ornamental plant crops grown on the same farm.
(b) 
A farm stand shall not exceed 1,500 square feet.
(c) 
The farm stand shall be located no closer than 30 feet to the edge of the public right-of-way and no closer than 10 feet to any side property line.
(d) 
Access to the public highway shall be limited to existing driveways or to new driveways established pursuant to permits from the Town Highway Superintendent, the Onondaga County Department of Transportation or the New York State Department of Transportation.
(e) 
Customer parking spaces shall be provided on site, and the vehicle maneuvering area shall be maintained out of the public right-of-way.
(4) 
Auto service.
(a) 
The lot shall have a minimum frontage along each public right-of-way providing access of at least 250 feet.
(b) 
All fuel pumps shall be located at least 25 feet from any right-of-way or 30 feet from any other lot line.
(c) 
Entrance or exit driveways shall be located at least 20 feet from any side or rear lot lines and at least 75 feet from any intersecting street right-of-way line. Such driveways shall be laid out so as to avoid the necessity of any vehicle backing into any right-of-way.
(d) 
All fuels or similar substances shall be stored underground at least 35 feet from any lot line, and tanks shall be installed and maintained in accordance with the current standards of the National Board of Fire Underwriters and the New York State Uniform Fire Prevention and Building Code. Vents must be at least 25 feet from any lot line.
(e) 
No building or accessory facility shall be closer than 35 feet to any boundary line of a Farm or Residential District.
(f) 
Vehicles awaiting routine repair must be stored on site and within a specific area approved by the Zoning Board of Appeals.
(g) 
All repair, painting and servicing of vehicles or storage of parts and equipment other than for washing and dispensing of fuel, oil, water and air must be performed and contained within a principal or accessory structure.
(h) 
A landscaped area at least eight feet in width from the lot lines shall be maintained (exclusive of driveways) on all sides of the property. Treatment shall be of grass or other plantings, and storage of equipment on vehicles is prohibited in this area.
(i) 
Any inactive flammable liquid or fuel storage tank below grade shall be closed or removed in accordance with applicable New York State codes.
(5) 
Drive-in service.
(a) 
Provision for the stacking of five vehicles for service shall be maintained on site for each drive-in service window or unit.
(b) 
On each lot line, except the front line, there shall be a landscaped buffer eight feet in width, measured from the lot line, planted with a staggered double row of evergreen trees installed at a height of four feet on six-foot centers. The Zoning Board of Appeals may authorize opaque fencing to be substituted for landscaping planting upon finding that such screening would provide a more effective buffer for the residential neighbors.
(c) 
A landscaped area eight feet in width, measured from the lot lines, shall be maintained (exclusive of driveways) on all sides of the property having road frontage or abutting nonresidential uses. Treatment shall be of grass, ornamental stone or evergreens maintained below two feet in height and surrounded by curbing (wood, stone or concrete) four to six inches in height.
(6) 
Outdoor sales and storage.
(a) 
The portion of a site used for outdoor storage or sale shall be maintained within the specific area or areas as shown on the plan approved by the Zoning Board of Appeals.
(b) 
Any material to be sold or stored out-of-doors shall be maintained in a neat and orderly manner and shall not intrude into any required front, side or rear yards.
(c) 
Any lighting shall be designed to eliminate direct glare upon neighboring properties.

§ 165-45 Special permits.

[Added 7-15-2009 by L.L. No. 1-2009]
Under these regulations, special uses are considered to be uses which may be appropriate in the district in which they are located, but which possess special characteristics which may pose land use problems or difficulties if controlled only by the district regulations applicable to permitted uses. Accordingly, such uses are further controlled by a procedure which requires special consideration and additional regulations for such use in order to mitigate any such problems or difficulties and minimize the impact upon the district. Each use warrants consideration as an individual case in the district and on the specific lot on which it is proposed to be located. Granting of a special permit for a special use in a zoning district shall be based on its own unique facts and circumstances and shall not establish any precedent for granting of a special permit for the use or any other special permit use on any other lot in the district or in other districts. The Town Board shall have the authority to grant special permits for any of the uses listed in § 165-7 with the designation "TSP" in such cases where it finds adequate evidence that the proposed special permit is duly authorized under the provisions of this chapter, that the application falls within the terms of the specific provisions allowing for special permits, and that the proposed use complies with all other requirements of this chapter.
A. 
Required plan. A plan for the proposed development of a site for a permitted special use shall be submitted with an application for a special permit, and such plan shall show the location of all buildings, parking areas, traffic access and circulation drives, open spaces, landscaping, and any other pertinent information as may be required for this submission of a site plan under this chapter and as may be otherwise necessary to determine if the proposed special use meets the requirements of this chapter.
B. 
General requirements and standards applicable to all special permits. The Town Board shall, among other things, require that any proposed use and location comply with the following standards:
(1) 
Compliance. The proposed use complies with the applicable intent and regulations of this chapter, including those applicable to the specific zoning district in which it is located. The proposed use complies with other applicable Town, county, state and/or federal regulations.
(2) 
Conformance to Town's land use plans. The proposed use is located on a site and in an area of the Town which is consistent with the long-term development objectives for the area. The proposed use is appropriately located with respect to the existing pattern of streets and other facilities, including but not limited to water, sanitary lines and drainage systems, and will not adversely affect the functioning of these facilities nor impede any planned improvements.
(3) 
Scale of development. The scale and design of the proposed use is physically and visually compatible with the conditions of the site and surrounding properties.
(4) 
Vehicular and pedestrian circulation. The nature and design of the proposed use is such that there is safe and efficient vehicular and pedestrian movement within the site and in relationship to any streets serving the site. In making this determination, consideration shall be given, but not limited to, the following:
(a) 
Location and adequacy of parking and loading facilities.
(b) 
Pedestrian rights-of-way.
(c) 
Traffic regulatory devices.
(d) 
Location, number and design of points of ingress and egress.
(e) 
Accessibility by emergency vehicles, with particular emphasis on access to structures and provision for turning and free movement.
(f) 
Provision for snow storage.
(g) 
Age and mobility of all persons for whose benefit the use is intended.
(h) 
Speed limits upon and general character of public highways in proximity and providing access to the subject site.
(5) 
Environmental resources. The proposed use is located, designed and operated in a manner that avoids or minimizes any disturbance of significant natural or cultural resources. The proposed use is located and designed in a manner that is consistent with the site's soil capabilities to accommodate the use. The proposed use is to be developed in conformance with any applicable state or federal requirements regulating significant environmental resources. The proposed use provides drainage systems conforming to any area-wide drainage plans and controls stormwater runoff consistent with Town and other regulations.
(6) 
Aesthetics. The proposed use includes use of building materials, screening and landscaping treatments of parking, drainage and storage areas that are consistent with existing development and any aesthetic standards developed by the Town and which minimize any adverse visual effects on surrounding properties or public rights-of-way. Lighting and signage for the proposed use is appropriate in size, color and placement for the site and character of the surrounding area and has no significant adverse impact on surrounding properties.
(7) 
Emissions. The emissions of any noise, smoke, heat or odor from the proposed use is within limits established by this chapter, if any, and is minimized and directed away from surrounding properties, and any mechanical elements associated with these emissions are installed and maintained in accordance with applicable health and safety codes and are adequately screened from view.
(8) 
The physical characteristics, topography and other features of the lot and the scale and physical design and other features of any new or existing buildings to be occupied by the use are suitable and adaptable for the proposed use without any modifications which would change the established character of the street or neighborhood setting.
(9) 
The nature and intensity of operations of the use will not be more objectionable to surrounding properties than those of an expressly permitted use in the district.
(10) 
The use will not unreasonably increase or introduce traffic congestion or safety hazards or impose traffic volumes on streets and street patterns which are deficient in width, design, sight distance, intersection configuration, or other typical standards necessary to accommodate such traffic changes.
(11) 
The use and the proposed design of building and other structure and site facilities for the use are appropriate in the proposed location and have incorporated reasonable efforts to harmonize with surrounding uses and mitigate any adverse impacts on surrounding uses, including but not limited to traffic congestion and hazards, untimely scheduling of activities, removal of trees and other established natural features, and excessive stormwater runoff, noise, nuisance, odors, glare or vibration.
(12) 
The cumulative impacts of the use in the proposed location will not unreasonably interfere with or diminish the continued use, preservation, stability, value, enjoyment, prosperity or growth of the neighborhood or community.
(13) 
Any other factors which the Town Board considers relevant.

§ 165-46 Zoning Board of Appeals.

A. 
Creation and organization. The Zoning Board of Appeals shall hear and decide all appeals from decisions of the Zoning Enforcement Officer and all referrals for area variances from the Planning Board. Said Board shall be organized and shall conduct its activities in accordance with the provisions of Town Law § 267 as the same exists or may, from time to time, be amended.
B. 
Powers and duties.
(1) 
The Zoning Board of Appeals is vested with exclusive jurisdiction to hear and decide appeals involving any interpretation of the Zoning Law or issues related thereto, including, but not limited to, district boundaries, extent of nonconforming uses, language employed or other similar matters. In addition, the Zoning Board of Appeals is vested with exclusive jurisdiction to hear and decide all appeals or applications for variances from the provisions of the Zoning Law, including both use and area variances.
(2) 
In exercising its powers, the Zoning Board of Appeals shall have all of the powers set forth in Town Law § 267.

§ 165-47 Penalties for offenses.

A. 
Reporting. Any resident of the Town may file a written complaint with the Zoning Enforcement Officer alleging a violation of this Zoning Law. The Zoning Enforcement Officer shall file said complaint and investigate the same.
B. 
Punishment. A violation of any of the provisions of this Zoning Law by an owner of land and/or a builder or contractor shall constitute an offense punishable either:
(1) 
By the imposition of a fine not exceeding $350 or imprisonment for a period not exceeding six months, or both, for conviction of a first offense; for a conviction of a second offense, both of which were committed within a period of five years, by a fine of not less than $350 nor more than $700 or imprisonment for a period not exceeding six months, or both; and, for conviction of a third or subsequent offense, all of which were committed within a period of five years, by a fine of not less than $700 nor more than $1,000 or imprisonment for a period not exceeding six months, or both; and/or
(2) 
By the imposition of a civil penalty in the above amounts, which said penalty may be assessed and recoverable against the violator in a small claims proceeding instituted by the Town in the Town Justice Court, pursuant to the provisions of Article 18 of the Uniform Justice Court Act.
(3) 
Each week's continued violation shall constitute a separate, additional violation for which separate and additional fines or civil penalties in the above amounts may be imposed or recovered.

§ 165-48 Amendments and supersession.

Section 165-47 above expressly amends and supersedes any inconsistent provision of any other zoning law, rule or regulation heretofore adopted by the Town of Pompey, Onondaga County, New York, and also any inconsistent provision of Article 16 of the Town Law of the State of New York.