Village of Port Jefferson, NY Article XIIB Incentive Zoning

[Added 2-3-2003 by L.L. No. 4-2003]

§ 250-52.2 Incentives for improvements within Arts District.

A. Legislative intent. In accordance with § 7-703 of the Village Law of the State of New York, the Village Board is empowered to provide for a system of zoning incentives, as the Village Board deems necessary and appropriate, consistent with the purposes and conditions set forth in this chapter. This section would provide incentives to property owners to encourage improvements to the lands and buildings contained within the Arts District as defined in § 250-22.2 and thus encourage the creation of art and cultural resources within the Village.

B. Objectives. The following are the primary objectives of this section:

(1) To encourage property owners to develop and improve their lands and buildings within the Arts District;

(2) To encourage the use of lands and buildings within the Arts District by artists.

C. Definitions. As used in this section, the following terms shall have the meanings indicated:

ARTISTS

Persons working in all art forms and mediums, including, but not limited to, painters, sculptors, authors, screenwriters, playwrights, filmmakers, dancers, potters, weavers, jewelers, exhibitors, printers, costumers, musicians and photographers.

CULTURAL CENTER, GALLERY and STUDIO

Indoor and outdoor exhibition space, work space, meeting space, lecture halls, performance space and sculpture parks.

D. Application of incentive zoning provisions. If land or buildings contained within the Arts District contain amenities to advance the arts and cultural policies of the Village in accordance with the objectives of its Comprehensive Plan, the Village Planning Board (hereinafter "Planning Board") may permit the following incentives if the owner of such land or building(s) obtains conditional use approval in accordance with § 250-51 of this chapter.

E. Incentives permitted. The following incentives may be granted by the Planning Board on a specific site:

(1) Changes in density requirements (for example, multiple users of the site);

(2) Changes in lot coverage;

(3) Changes of up to 20% in minimum square foot floor area requirements;

(4) Relief from on-site parking requirements;

(5) Permitting studios and galleries which would provide art-related services and retail use;

(6) Permitting second-story use of buildings used as studios and galleries as non-owner-occupied rental units;

(7) Permitting use of land outside of buildings and structures for display and exhibit; and

(8) Waiving, in whole or in part, compliance with on-site dumpster requirements.

F. Location; criteria and procedure for approval.

(1) The location of the Arts District shall be bordered on the north by the intersection of East Main Street and Main Street, extending in a southerly direction on both sides of Main Street to its intersection with Myrtle Avenue, and shall consist of lots existing within that area that front on Main Street.

(2) The Arts District as described above shall be an overlay zone, comprising as it does properties situated in the RO and C-1 Districts. In addition to the uses set forth in § 250-16 with respect to buildings and premises within the RO District and § 250-18 with respect to buildings and premises within the C-1 District, cultural centers, galleries and studios for artists as defined in § 250-52.2C above shall be conditional uses subject to the approval of the Planning Board and procedures as set forth in § 250-51 of this chapter.

(3) As part of an application for a conditional use permit for a cultural center, gallery or studio, or subsequent to the issuance of a conditional use permit for such uses, the applicant may apply for incentives as set forth in § 250-52.2E of this chapter. Applications for incentives in exchange for amenities shall be submitted to the Planning Board. In order for the Planning Board to evaluate the adequacy of the amenities proposed and the requested incentive, the applicant shall provide the following information:

(a) The proposed amenity;

(b) The cash value of the proposed amenity;

(c) A narrative which:

[1] Describes the benefits to be provided to the Village by the proposed amenity;

[2] Demonstrates that there is adequate sewage disposal, water, transportation, drainage, trash disposal, electricity and fire protection facilities available to the subject site on which the proposal is located to accommodate the additional demands generated by the incentive and amenity;

[3] Explains how the amenity helps implement the artistic and cultural policies of the Village of Port Jefferson.

(d) The requested incentive.

(4) All applicable requirements of the State Environmental Quality Review (SEQR) Act shall be complied with as part of the review and hearing process for the requested incentives. In addition to other information that may be required as part of an environmental assessment of the proposal, the assessment shall include verification that the zoning district in which the proposal is to be located has sufficient sewage disposal, water, transportation, waste disposal and fire protection facilities to:

(a) Serve the remaining vacant land in the district as though it were developed to its fullest potential under the district regulations in effect at the time of the amenity/incentive proposal; and

(b) Serve the on-site amenity and incentive.

(5) Following the hearing required by § 250-51 of this chapter, and in addition to compliance with all SEQR requirements, the Planning Board shall, before taking action, refer the proposal for review and comment to other governmental agencies as may be required and to other agencies as it may deem necessary to insure a thorough and complete review of the proposal. In order to approve an amenity/incentive proposal, the Planning Board shall determine that the proposed amenity provides sufficient public benefit to provide the requested incentive. Thereafter, the Planning Board is authorized to act on an application for preliminary approval pursuant to the Village of Port Jefferson Zoning Ordinance.

(6) Upon final plan approval, the Village Clerk shall affix a reference to the Official Zoning Map that the development of this site was approved under the Village's incentive zoning provisions and include a reference to the date such action was taken.

(7) Any approval for an incentive shall be conditioned upon the applicant paying to the Village the sum of $500 plus 1% of the project cost, which sum shall be deposited into a dedicated fund for the purpose of providing amenities to aid the Arts District.

G. Severability. It is hereby declared to be the intent of the Village of Port Jefferson that:

(1) If a court of competent jurisdiction finds any provisions of this section invalid, in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid, and all other provisions of the section shall continue to be separately and fully effective.

(2) If a court of competent jurisdiction finds the application of any provision of this section to any building, other structure or tract of land to be invalid, in whole or in part, the effect of such decisions shall be limited to the person, property or situation involved in the controversy, and the application of any such provision to any other person, property or situation shall not be affected.

H. Unconstitutionality; when effective.

(1) If any clause, sentence, paragraph, word, section or part of this section shall be adjudged by any court of competent jurisdiction to be unconstitutional, illegal or invalid, such judgment shall not affect, impair or invalidate the paragraph, word, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.

(2) This section shall take effect immediately upon its filing with the Secretary of State.