Public Hearing set for August 12th, 2025 in the Library Memorial Room at 7:00 pm in regards to Water & Sewer Rate increases.

LEGAL NOTICE
Notice of Public Hearing
Board of Trustees for the
Village of Richfield Springs

The Board of Trustees for the Village of Richfield Springs will conduct a public hearing on
August 26, 2025 at 7:00 pm at the Village office building, located at 102 Main Street, Richfield
Springs, New York.
The purpose of the public hearing is to receive public comments on the proposed
amendments to the Code of the Village of Richfield Springs (the “Proposed Amendments”). The
Proposed Amendments include revisions to the Village’s zoning map, the creation of new zoning
districts, a new land use table, revised area and setback requirements, clarification of the roles
of the Planning Board, the Zoning Board of Appeals, and the Zoning Enforcement Officer, and
enumeration of zoning enforcement mechanisms. Copies of the proposed amendments and
zoning map are available in the Village Clerk’s Office. Written comments also may be submitted
to the Village Clerk, Village of Richfield Springs, P.O. Box 271, Richfield Springs, New York 13439

Chapter 275
ZONING
GENERAL REFERENCES

Building Code Administration – See Ch. 118.
Unsafe Buildings – See Ch. 122.
Environmental Quality Review -- See Ch. 148.
Flood Damage Prevention – See Ch. 156.
Property Maintenance – See Ch. 207.

ARTICLE I
General Provisions

§ 275-1. Purposes.
The Board of Trustees of the Village of Richfield Springs has determined that the unrestricted and
unregulated use of land could create conditions which are not in the public interest and interfere with
the public health, safety and welfare of the residents.
The Board of Trustees recognizes that much of the area within the boundaries of the Village has been
platted and developed in accordance with traditional design concepts prevalent in the past. The Board
of Trustees has endeavored to recognize the existing characteristics of the Village in the provisions of
this chapter of the Village Code.
The purpose of this chapter of the code is to safeguard the health, property and public welfare of the
residents of the Village of Richfield Springs by controlling the design, location, use or occupancy of all
buildings and structures through the regulated and orderly development of land and land uses within
the boundaries of the Village. This chapter of the code is enacted under the authority of Article 7
(Building Zones) of the State of New York Village Law.
Except as hereinafter provided, no building, structure or land shall be used or occupied for any purpose
not in conformance with this chapter of the code. No building or part thereof shall be constructed,
moved, or altered prior to the issuance of a land use permit as required by this chapter. No sign shall be
erected prior to the issuance of a permit as required by this chapter. No parcel of land shall be
subdivided prior to approval of a plat as required by this chapter.
§ 275-2. Interpretation and application of provisions.
In their interpretation and application, the provisions of this chapter shall be held to be the minimum
requirements adopted. Whenever the requirements of this chapter are at variance with the
requirements of any other lawfully adopted rules, regulations, local laws or resolutions, the most
restrictive, or imposing the higher standards, shall govern.
§ 275-3. Severability.
If any clause, sentence, sub-paragraph, subsection or section of this chapter shall be held invalid by any
court of competent jurisdiction, or application of this chapter to any person or set of circumstances shall
be held invalid, such invalidity or judgment shall not affect, impair or invalidate the remainder thereof,
but shall be confined in its operation to the clause, sentence, subparagraph, subsection, section or

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operation of this chapter directly involved in the controversy in which the judgment shall have been
rendered. To further this end, the provisions of this chapter are hereby declared severable.
§ 275-4. Related Chapters.
A. Some land use actions may have a significant effect on the environment. See Chapter 148,
Environmental Quality Review, to determine whether an assessment of the effects of a proposed
land use action on the environment is required prior to issuance of a land use permit.
B. Flooding may be a problem in some areas of the Village of Richfield Springs. See Chapter 156, Flood
Damage Prevention, for requirements for a floodplain development permit in flood-prone areas.

ARTICLE II
Definitions

§ 275-5. Definitions.
Where terms are not defined in this chapter and are defined in the International Zoning Code, such
terms shall have the meanings ascribed to them in that code. Where terms are not defined through this
chapter or the International Zoning Code, such terms shall have the ordinarily accepted meanings such
as the context implies.
ACCESSORY USE – A use that is clearly incidental to and customarily found in connection with the
principal use of the building or structure to which it is related.
ADULT-USE BUSINESS – a public establishment which features topless dancers, or nude dancers or
strippers, male or female, or any enclosed building used for presenting, lending or selling of any visual
media or written materials characterized by an emphasis on matter depicting, describing or relating to
human sexual activities or anatomical areas (human genitalia, pubic region, buttocks or female breasts).
AGRICULTURAL USE – Any use of land for the raising of crops, farm animals or livestock or any use of
land for other uses commonly accepted as agricultural operations.
ALTERATION – Any change, addition or modification in construction, occupancy or use.
ALTERATIONS, STRUCTURAL – Any change in the supporting members of a building, such as bearing
walls, columns, beams or girders.
APARTMENT HOUSE – A residential building designed or used for three or more dwelling units.
AREA, BUILDING – The total of areas taken on a horizontal plane at the main grade level of the principal
building.
AUTOMOTIVE SALES LOT – A structure or lot for the display, sale, rental or lease of new or used motor
vehicles.
BUFFER – An area of dimensional separation between land uses, buildings or structures, which is
undeveloped, with installed screening and/or left in a natural and undisturbed condition.
BUILDING – Any roofed structure used or intended for shelter, housing or enclosure of persons, animals
or property.

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BUILDING, ACCESSORY – A subordinate building clearly incidental to and customarily found in
connection with the principal use or building, such as a detached garage.
BUILDING HEIGHT – The vertical distance above the average existing grade at the perimeter of the
building measured to the highest point of the building or structure. The height of a stepped or terraced
building shall be the maximum height of any segment of the building.
BUILDING, PRINCIPAL – A building in which the main or principal use of the lot is conducted.
CLUSTER DEVELOPMENT - The subdivision of a parcel of land into lots for residential use which are
smaller than would customarily be permitted within the Zoning District where the subdivision is located,
the density is no greater than would be permitted in the Zoning District by conventional development,
and the residential land produced by the smaller lot size is used for common recreation and open space.
DAY CARE CENTER – An establishment for the part-time care and/or instruction of children or adults not
located within a dwelling.
DAY CARE, FAMILY – The keeping for part-time care and/or instruction of six or fewer children at any
one time within a dwelling, not including members of the family residing in the dwelling.
DENSITY – The number of families, dwelling units, households or housing structures per unit of land.
DWELLING UNIT – A single unit providing complete, independent living facilities for one or more
persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
DWELLING UNIT, ACCESSORY – An attached or detached residential dwelling unit providing complete
independent facilities for one or more persons which is located on the same lot with a proposed or
existing principal residence and shall include provisions for sleeping, eating, cooking and sanitation.
DWELLING, SINGLE-FAMILY – A detached dwelling unit designed for occupancy by one family.
DWELLING, TWO-FAMILY – A building designed or arranged to be occupied by two families living
independently, with the structure having only two principal dwelling units.
DWELLING, MULTI-FAMILY – A building or portion thereof, or group of buildings, designed for occupancy
by three or more families living independently in which they may or may not share common entrances
and/or other spaces. Individual dwelling units may be owned, such as condominiums, or offered for
rent.
FAMILY – One or more persons living, sleeping, cooking and eating on the same premises as a single
housekeeping unit.
FARM ANIMALS – Animals other than household pets that are kept and maintained for commercial
production and sale and/or family food production, education or recreation. Farm animals include
poultry, pigeons, rabbits, cattle, sheep, swine, goats, llamas, horses and other livestock and fur-bearing
animals such as chinchillas.
GARAGE, PRIVATE - A building or a portion of a building in which only private or pleasure-type motor
vehicles used by the tenants of the building or buildings on the premises are stored or kept.

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HOUSEHOLD PETS – Dogs, cats, rabbits, birds and the like, for family use only (no commercial use) with
cages, pens, etc.
JUNKYARD – A lot, land or structure or part thereof used for the collecting, storage and/or sale of
wastepaper, rags, scrap metal or discarded material; or for the collecting, dismantling, storage and
salvaging of machinery or vehicles and for the sale of the parts thereof. See also SALVAGE YARD.
KENNEL – A commercial or non-profit establishment that houses dogs, cats, or other domestic animals
more than four months old and where grooming, breeding, boarding, training or selling of animals is
conducted as a business.
LIVESTOCK – Includes, but is not limited to, horses, donkeys, mules, bovine animals, sheep, goats, swine,
reindeer and any other hoofed or cloven-hoofed animal.
LOT – A portion or parcel of land considered as a unit.
MANUFACTURED HOME – A factory-manufactured dwelling unit conforming to the requirements of the
Department of Housing and Urban Development, transportable in one or more sections, which is built
on a permanent chassis and designed to be used with or without a permanent foundation when
connected to the required utilities. This definition also includes mobile homes. Self-propelled
recreational vehicles and travel trailers are not included in this definition.
MANUFACTURED HOME PARK – A contiguous parcel of privately owned land which is used for the
accommodation of three or more manufactured homes occupied for year-round living.
NONCONFORMING USE – A use that lawfully occupied a building or land at the time of the enactment of
this chapter or any amendment thereto and which does not now conform to the regulations of the
district or zone in which it is situated.
OVERLAY DISTRICT – A zoning district that is superimposed on one or more zoning districts or parts of
zoning districts and that imposes specific standards and requirements in the underlying district in
addition to those applicable to the underlying district.
PLAT – A drawing or map showing the layout of a proposed subdivision of a tract of land including, but
not limited to, the proposed lots, streets, public utilities, topography and drainage at a suitable scale.
PUBLIC WAY – Any street, alley or other parcel of land open to the outside air, that has been deeded,
dedicated or otherwise permanently appropriated to the public for public use and has a clear width and
height of not less than ten (10) feet.
RELIGIOUS CENTER – A use or building owned or maintained by a religious organization for the primary
purpose of regular assembly for worship. Other secondary purposes may include, but are not limited to,
social, educational, civic or philanthropic activities. Some examples of religious centers are churches,
temples and mosques.
RESIDENTIAL CARE FACILITY – Any facility, public or private, licensed by the State of New York, which
provides 24-hour per day care, food, lodging, habilitation, training, supervision, rehabilitation, and/or
treatment for its residents. Residential care facilities include, but are not limited to, assisted living
facilities, nursing homes, halfway houses, residential treatment centers, maternity shelters and group
homes.

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SALVAGE YARD - A lot, land or structure or part thereof where disused vehicles or other machinery is
broken up, and the parts saved and processed for resale or recycling. See also JUNKYARD.
SCHOOL – A place of academic or vocational instruction for persons under the age of 21 which is
approved by the New York State Education Department and/or the New York State Board of Regents as
required by law.
SETBACK – The minimum distance required between a building or other structure and the lot line or
other designated reference point.
SIGN – Any material, structure or device, or part thereof, composed of lettered or pictorial matter which
is located out-of-doors or on the exterior of any building or indoors as a window sign, displaying an
advertisement, announcement, notice or name, and includes any declaration, demonstration, display,
representation, illustration or insignia used to advertise or promote the interest of any person or
business or cause when such is placed in view of the general public.
SITE PLAN – A drawing showing the arrangement, layout and design of the proposed use of a single lot
or parcel of land.
SITE PLAN SKETCH – An informal concept drawing of a proposed land use or subdivision of sufficient
accuracy to be used for the purpose of land use application review or discussion.
SKIRTING – A barrier made of solid material attached to the base of a manufactured home to enclose
the crawl space beneath the home, the purpose of which is to protect the underside of the home and
prevent anything from entering or accumulating under the structure.
SOLAR ENERGY SYSTEM – A complete system intended for the collection of solar energy and that
converts the collected solar energy into electrical energy suitable for use.
SOLAR ENERGY SYSTEM, ROOF-MOUNTED – A solar energy system located on the roof of any legally
permitted building or structure, and which produces electricity for onsite or offsite consumption.
SOLAR ENERGY SYSTEM, GROUND-MOUNTED – A solar energy system which is secured to the ground via
a pole, ballast system, or other mounting system; is detached from any other structure, and which
generates electricity for onsite or offsite consumption.
STRUCTURE – That which is built, constructed or erected, the use of which requires location on the
ground or attachment to something having location on the ground.
SUBDIVISION – The division of a tract, lot or parcel of land into two or more lots, plats, sites or other
divisions of land.
SWIMMING POOL – Any structure, basin, chamber or tank which is intended for swimming, diving,
recreational bathing or wading and which contains, is designated to contain, or is capable of containing
water more than 24 inches deep at any point. This includes in-ground, above-ground and on-ground
pools.

ARTICLE III
Zoning Districts

§ 275-6. Establishment of Districts.

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The Village of Richfield Springs is hereby divided into districts classified in the following order:
A. R1 – Low-Density Residential District.
B. R-2 – Moderate/Medium-Density Residential District.
C. R-3 – Moderate/Medium-Density Residential District.
D. B – Business District.
E. LI – Light Industrial District.
F. MU-1 – Mixed-Use One District.
G. MU–2 Mixed-Use Two District.
H. HO – Historic Overlay District
§ 275-7. Zoning Map.
A. The several districts into which the Village is divided are bounded and defined as shown on a map
entitled “Village of Richfield Springs, N.Y. Zoning Map” adopted simultaneously herewith and hereby
incorporated in and made a part of this chapter. The Official Zoning Map, with all amendments
thereto, shall be maintained on display at the office of the Village Clerk.
B. If any amendment is made to the Zoning Map by action of the Village Board, the Village Clerk shall
cause the Zoning Map to be revised accordingly.
§ 275-8. Interpretation of district boundaries.
Where uncertainty exists with respect to the boundaries of any of the districts as shown on the Zoning
Map, the following rules shall apply:
A. Where district boundaries are indicated as approximately following the lines of streets, highways or
rights-of-way, such streets, highways or center lines shall be construed to be such boundaries.
B. Where district boundaries are so indicated that they approximately follow lot lines, such lot lines
shall be construed to be said boundaries.
C. Where district boundaries are so indicated that they are approximately parallel to the center lines of
streets, highways or rights-of-way, such boundaries shall be construed as being parallel thereto and
at such distance therefrom as indicated on the Zoning Map.
D. The exterior lines as shown on the Zoning Map shall be deemed to be the limits of the jurisdiction of
the Village.
§ 275-9. Application of regulations.

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A. No building shall hereafter be erected or altered to occupy a greater percentage of lot area, or to
have narrower or smaller rear yards, front yards or side yards, than is specified herein for the district
in which such building is located without approval of a variance from the Zoning Board of Appeals.
B. No part of a yard or other open space required about any building for the purpose of complying with
the provisions of this chapter shall be included as part of a yard or other open space similarly
required for another building.

ARTICLE IV
Permitted Uses

§ 275-10. Use Regulations.
The following table provides a summary listing of the uses permitted within each of the established
zoning districts. All uses and customary accessory uses, ordinary and common to the principal use, shall
be permitted in the zoning district where the use is listed provided that the use conforms to all
applicable requirements of this chapter.
Those land uses that are indicated to be “by right” are not subject to Planning Board review provided
the use is in conformance with this chapter. Other land uses listed in the table are permitted subject to
site plan review and/or a special use permit. All land uses within the Historic Overlay District are subject
to site plan review and approval even if the use would ordinarily be “by right” in the underlying district.
Specific requirements for the permitted uses within each zoning district are provided in the Articles
following the Table of Permitted Land Uses.

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Table of Permitted Land Uses
Permitted Land Use Zoning District

R1 R2 R3 B LI MU1 MU2 HO 5
Dwelling, Single-Family R 1 R R R SPR R R SPR
Dwelling, Two-Family -- R R R -- R R SPR
Dwelling, Multi-Family -- -- -- R -- SPR SPR
Manufactured home park -- -- SUP -- -- -- --
Residential care facilities -- -- -- SUP -- SUP SUP
Senior Housing (formerly homes for
the aged)

-- -- -- R -- SPR SPR
Public parks SPR 2 SPR SPR -- -- SPR SPR
Public and governmental services SPR SPR SPR SPR SPR SPR SPR
Religious centers SPR SPR SPR SPR SPR SPR SPR
Social, fraternal, cultural centers -- -- -- SPR -- SPR SPR
Schools SUP 3 SUP SUP -- -- SUP SUP
Cemeteries -- -- -- -- -- -- SPR
Retail stores and shops -- -- -- SPR -- SPR SPR
Personal service business -- -- -- SPR -- SPR SPR
Professional and financial services -- -- -- SPR -- SPR SPR
Day care centers -- -- -- SUP -- SUP SUP
Indoor recreation (e.g. theaters,
fitness centers)

-- -- -- SPR -- SPR SPR
Restaurants, taverns -- -- -- SPR -- SPR SPR
Lodging -- -- -- SPR -- SPR SPR
Health and medical institutions -- -- -- SPR -- -- SPR
Funeral homes -- -- -- SPR -- -- SPR
Self-storage warehouses -- -- -- SUP -- -- SPR
Adult businesses -- -- -- SUP -- SUP SUP
Automobile and similar sales -- -- -- -- SPR SPR SPR
Automobile repair -- -- -- SUP SPR SPR SPR
Automotive fuel dispensing -- -- -- SUP SPR SPR SPR
Auto body and machine shops -- -- -- -- SPR -- SPR
Light industry or manufacturing -- -- -- -- SPR -- SPR
Warehouses, distribution centers -- -- -- -- SPR -- SPR
Research and testing labs -- -- -- -- SPR -- SPR
Laundry and drycleaning businesses -- -- -- -- SPR -- SPR
Notes:
1. R indicates a use allowed by right with no special conditions other than that the use comply with the
restrictions applicable to the zoning district within which the use is located.
2. SPR indicates a use subject to site plan review in accordance with Article XII.
3. SUP indicates a use requiring a special use permit in accordance with Article XIII.
4. – indicates that the use is not allowed in that district.

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5. All uses permitted in the underlying district are permitted in the overlay district. Only those uses subject to
additional special conditions are indicated.

ARTICLE V
Residential Districts

§ 275-11. R1 – Low-Density Residential Districts.
A. In an R1 (Low-Density Residential) District, no building or premises shall be used, and no building or
part of a building shall be erected which is arranged, intended or designed to be used, in whole or in
part, for any other purpose except the following:
1. Single-Family Dwelling detached.
2. Customary accessory uses, including a private garage, provided such uses are clearly incidental
to the principal use (single-family dwelling) and do not include activity commonly conducted as
a business or profession, except as provided for home occupations in the General Regulations, §
275-29 hereof.
3. The following uses shall be permitted subject to site plan review and approval by the Planning
Board:
a. Publicly owned and operated parks and other facilities used primarily for recreational
activities.
b. Public and governmental services.
c. Religious centers.
4. Upon issuance of a special use permit, as granted by the Planning Board, schools shall be
permitted.
B. The uses authorized in Subsection A hereof shall be subject to the following limitations:
1. The cumulative total area of all buildings, including accessory buildings or structures, shall not
exceed a total of more than 30% of the lot area.

2. No part of a principal building shall be closer than 60 feet to the center line of a street nor closer
than 15 feet to the side line of an adjoining lot nor closer than 15 feet to the rear lot line.
3. Setbacks for accessory buildings or structures shall be in accordance with the General
Regulations, § 275-24 hereof.
4. All residences must have permanent foundations.
5. Maximum building or structure heights shall be in accordance with the General Regulations, §
275-23 hereof.

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6. Off-street parking shall be provided in accordance with the General Regulations, § 275-25
hereof.
C. No parcel of land in an R1 (Low-Density Residential) District shall be subdivided into building lots
containing fewer than 15,000 square feet nor shall be subdivided into building lots less than 100 feet
in width.
§ 275-12. R2 - Medium-Density Residential Districts.
A. In an R2 (Medium-Density Residential) District, no building or premises shall be used, and no
building or part of a building shall be erected which is arranged, intended or designed to be used, in
whole or in part, for any other purpose except the following:
1. Single-Family Dwelling detached.
2. Two-Family Dwellings. Buildings erected prior to the enactment of this chapter may be
converted to two-family dwellings.
3. Customary accessory uses, including a private garage, provided such uses are clearly incidental
to the principal use (single- or two-family dwellings) and do not include activity commonly
conducted as a business or profession, except as provided for home occupations in the General
Regulations, § 275-29 hereof.
4. The following uses shall be permitted subject to site plan review and approval by the Planning
Board:
a. Publicly owned and operated parks and other facilities used primarily for recreational
activities.
b. Public and governmental services.
c. Religious centers.
5. Upon issuance of a special use permit, as granted by the Planning Board, schools shall be
permitted.
B. The uses authorized in Subsection A hereof shall be subject to the following limitations:
1. The cumulative total area of all buildings, including accessory buildings or structures, shall not
exceed a total of more than 30% of the lot area.
2. No part of a principal building shall be closer than 40 feet to the center line of a street except
that where existing dwellings are located closer than 40 feet to the street center line, the
minimum setback requirement shall be the average of existing setbacks for dwellings located on
the lots adjoining on either side.
3. No part of a principal building shall be closer than 10 feet to the side line of an adjoining lot nor
closer than 10 feet to the rear lot line.

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4. Setbacks for accessory buildings or structures shall be in accordance with the General
Regulations, § 275-24 hereof.
5. All residences must have permanent foundations.
7. Maximum building or structure heights shall be in accordance with the General Regulations, §
275-23 hereof.
8. Off-street parking shall be provided in accordance with the General Regulations, § 275-25
hereof.
C. No parcel of land in an R2 (Medium-Density Residential) District shall be subdivided into building
lots containing fewer than 5000 square feet nor shall be subdivided into building lots less than 60
feet in width.
§ 275-13. R3 - Medium-density Residential Districts.
A. In an R3 (Medium-Density Residential) District, uses and accessory uses as set forth in section § 275-
12, R2-(Medium-Density Residential) District shall be permitted subject to the limitations listed in
section § 275-12 B.
B. Upon issuance of a special use permit by the Planning Board, Manufactured Home Parks shall be
permitted subject to the following:
1. Each manufactured home shall be located on a plot of land of a minimum 3500 square feet.
2. Each plot of land shall be a minimum 30 feet wide.
3. No part of a manufactured home shall be closer than 25 feet to a public road or private road
access to the manufactured home park.
4. No part of a manufactured home shall be closer than 5 feet to the side or rear line of the plot on
which the home is located.
5. Each manufactured home dwelling unit shall have a minimum area of 320 square feet.
6. Provision for Village water and sewer shall be in accordance with the General Regulations, §
275-20 hereof.
7. Provision shall be made for a minimum 100 square feet enclosed storage space for each
dwelling unit.

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8. The number of off-street parking spaces for each dwelling unit shall be in accordance with the
General Regulations, § 275-25 hereof.
C. No parcel of land in an R3 (Medium-Density Residential) District shall be subdivided into building
lots containing fewer than 5000 square feet nor shall be subdivided into building lots less than 60
feet in width.

ARTICLE VI
Business Districts

§ 275-14. B Districts.
A. Prior to the issuance of a land use permit by the Zoning Enforcement Officer, all land use
applications in a B District shall be submitted to the Planning Board for site plan review and
approval.
B. In a B District, no building or premises shall be used, and no building or part of a building shall be
erected which is arranged, intended or designed to be used, in whole or in part, for any purpose
except the following:
1. Single-Family Dwellings and Two-Family Dwellings are permitted, except in the story and the
basement abutting street grade, when the residential use is part of a structure containing or
designed to contain a permitted business use.
2. Multi-Family Dwellings are permitted when the residential use is part of a structure or
structures containing or designed to contain at least one permitted business use on the subject
parcel in addition to the residential use.
3. Multi-Family Dwellings dedicated to Senior Housing.
4. The following uses are permitted subject to site plan review in B Districts:
a. Retail stores and shops.
b. Personal service businesses.
c. Professional, business and financial services and offices.
d. Indoor theaters and amusement centers, including bowling alleys and similar recreational
uses.
e. Physical fitness centers.
f. Restaurants, taverns and cocktail lounges.
g. Lodging establishments, including hotels, motels and similar uses.
h. Health and medical institutions.
i. Libraries, museums, and public and governmental services.
j. Mortuary and funeral homes.
k. Religious, social, fraternal and cultural centers.

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5. Upon issuance of a special use permit, as granted by the Planning Board, the following uses are
permitted in B Districts:
a. Day care centers.
b. Residential care facilities.
c. Any business which may be defined as an adult-use business.
d. Automobile repair facilities.
e. Automotive fuel dispensing facilities.
f. Self-storage warehouses.
6. Customary accessory uses ordinary and common to the trade or business carried on in the
principal building; provided, however, no out-of-door produce market or merchandise display
shall be permitted to obstruct a public way.
C. The uses authorized in Subsection A hereof shall be subject to the following limitations:
1. No building shall be located closer than 50 feet to the centerline of a street, except that where
existing buildings are located closer than 50 feet to the street center line, the minimum setback
requirement shall be the average of existing setbacks for the buildings located on adjoining lots.
2. Wherever a lot used for a business purpose abuts a residential lot, setbacks shall be provided in
accordance with the General Regulations, § 275-24 hereof.
3. Maximum building or structure heights shall be in accordance with the General Regulations, §
275-23 hereof.
4. Off-street parking shall be provided in accordance with the General Regulations, § 275-25
hereof.
D. It is recognized that not all possible business uses and variations of business uses can reasonably be
listed. It is the intent of this chapter to list broad categories of allowed types of businesses. If a
proposed use may be classified as resembling identified allowable uses in terms of intensity and
character, it shall be considered as a permitted use subject to the regulations for the use it most
nearly resembles.
E. No parcel of land in a B (Business) District shall be subdivided prior to receiving approval of the plat
by the Planning Board.

ARTICLE VII
Light Industrial Districts

§ 275-15. LI Districts.
A. Prior to the issuance of a land use permit by the Zoning Enforcement Officer, all land use
applications in an LI District shall be submitted to the Planning Board for site plan review and
approval.

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B. In an LI District, industrial uses shall be conducted entirely within an enclosed building or part of a
building, with no outside storage, serviced by a modest volume of traffic and imposing a negligible
impact on the surrounding environment by noise, vibration, smoke, dust or pollutants.
C. The following uses are permitted in LI Districts:
1. Industrial uses subject to site plan review:
a. Manufacturing, assembling, processing or treatment of textiles, food products,
pharmaceutical and cosmetic products, toys, electrical and/or other precision instruments,
and paper, plastic or wood products from previously prepared materials.
b. Warehouses, product distribution centers, and retail and wholesale sales centers.
c. Lumber, feed and fuel sales or storage.
d. Research and testing laboratories.
e. Automobile and similar sales.
f. Automotive fuel dispensing facilities.
g. Automobile repair facilities.
h. Auto body shops and machine shops.
i. Laundry and drycleaning businesses or plants.
2. Other uses subject to site plan review:
a. Public and governmental services.
b. Religious centers.
c. Single-family detached dwellings.
3. Customary accessory uses ordinary and common to the trade or use carried on in the principal
building shall be permitted.
D. The uses authorized in Subsection A hereof shall be subject to the following limitations:
1. No part of a principal building shall be closer than 50 feet to the center line of a street, except
that where existing buildings are located closer than 50 feet to the street center line, the
minimum setback requirement shall be the average of existing setbacks for buildings on
adjoining lots. No principal building shall be closer than 25 feet to the rear lot line nor closer
than 10 feet to the side line of an adjoining lot; provided, however, where such adjoining lot is in
a residential district, no part of a principal building shall be erected closer than the minimum
side yard distances required in said residential district. Every accessory building shall be distant
from the street line, side and rear lot lines as far as the principal building.
5. Wherever a lot used for an industrial purpose abuts a residential lot, setbacks shall be provided
in accordance with the General Regulations, § 275-24 hereof.
6. Maximum building or structure heights shall be in accordance with the General Regulations, §
275-23 hereof.

275:15

7. Off-street parking shall be provided in accordance with the General Regulations, § 275-25
hereof.
E. It is recognized that not all possible industrial uses and variations of industrial uses can reasonably
be listed. It is the intent of this chapter to list broad categories of allowed types of industrial uses. If
a proposed use may be classified as resembling identified allowable uses in terms of intensity and
character, it shall be considered as a permitted use subject to the regulations for the use it most
nearly resembles.
F. No parcel of land in an LI (Light Industrial) District shall be subdivided prior to receiving approval of
the plat by the Planning Board.

ARTICLE VIII
Mixed Use Districts

§ 275-16. MU-1 – Mixed-Use One Districts.
A. In an MU-1 (Mixed-Use One) District, no building or premises shall be used, and no building or part
of a building shall be erected which is arranged, intended or designed to be used, in whole or in
part, for any other purpose except the following:
1. Residential uses are permitted in MU-1 districts:
a. Single-family detached dwelling.
b. Two-family dwelling. Buildings erected prior to the enactment of this chapter may be
converted to two-family dwellings.
c. Customary accessory uses, including a private garage, provided such uses are clearly
incidental to the principal use (family dwelling).
2. Subject to site plan review, the following uses are permitted in MU-1 districts:
a. Publicly owned and operated parks and other facilities used primarily for recreational
activities.
b. Public and governmental services.
c. Religious, social, fraternal and cultural centers.
d. Multi-family dwelling. Buildings erected prior to the enactment of this chapter may be
converted to multi-family dwellings.
e. Professional, business and financial services.
f. Personal service businesses.
g. Hotels, motels, Bed & Breakfast.
h. Stores and shops engaging in retail sales.
i. Restaurants, taverns and cocktail lounges.
j. Indoor theaters and amusement centers, including bowling alleys and similar recreational
uses.
k. Automobile and similar sales.
l. Automobile repair facilities.

275:16
m. Automotive fuel dispensing facilities.
n. Customary accessory uses ordinary and common to the use, trade or business carried on in
the principal building; provided, however, no out-of-door produce market or merchandise
display shall be permitted to obstruct a public way.
3. Upon issuance of a special use permit, as granted by the Planning Board, the following other
uses are permitted in MU-1 districts:
a. Schools.
b. Day care centers.
c. Residential care facilities.
g. Any business which may be defined as an adult-use business.
B. The uses authorized in Subsection A hereof shall be subject to the following limitations:
1. No building shall be located closer than 50 feet to the centerline of a street, except that where
existing buildings are located closer than 50 feet to the street center line, the minimum setback
requirement shall be the average of existing setbacks for the buildings located on adjoining lots.
2. No part of a principal building on a lot used for residential dwelling shall be closer than 10 feet
to the side lot line of an adjoining lot nor closer than 10 feet to the rear lot line.
3. Setbacks for residential accessory buildings and structures shall be in accordance with the
General Regulations, § 275-24 hereof.
4. Wherever a lot used for a nonresidential purpose abuts a residential lot, setbacks shall be
provided in accordance with the General Regulations, § 275-24 hereof.
5. The cumulative total area of all buildings, including accessory buildings and structures, on lots
used for residential dwellings shall not exceed 30% of the lot area.
6. Maximum building or structure heights shall be in accordance with the General Regulations, §
275-23 hereof.
7. Off-street parking shall be provided in accordance with the General Regulations, § 275-25
hereof.
C. No parcel of land in an MU-1 (Mixed-Use One) District shall be subdivided prior to receiving
approval of the plat by the Planning Board.
§ 275-17. MU-2 – Mixed-Use Two Districts.
A. In an MU-2 (Mixed-Use Two) District, no building or premises shall be used, and no building or part
of a building shall be erected which is arranged, intended or designed to be used, in whole or in
part, for any other purposes except the following:

275:17
1. Residential uses are permitted in MU-2 districts:
a. Single-family detached dwelling.
b. Two-family dwelling.
c. Customary accessory uses, including a private garage, provided such uses are clearly
incidental to the principal use (family dwelling).
2. Subject to site plan review, the following uses are permitted in MU-2 districts:
a. Multi-family dwelling.
b. Business and accessory uses set forth in section § 275-14, B Districts, hereof.
c. Industrial and accessory uses set forth in section § 275-15, LI Districts, hereof.
d. Publicly owned and operated parks and other facilities used primarily for recreational
activities.
e. Public and governmental services.
f. Cemeteries.
g. Religious, social, fraternal and cultural centers.
3. Upon issuance of a special use permit, as granted by the Planning Board, the following other
uses are permitted in MU-2 districts:
a. Schools.
b. Day care centers.
c. Residential care facilities.
d. Any business which may be defined as an adult-use business.
B. The uses authorized in Subsection A hereof shall be subject to the following limitations:
1. No building shall be located closer than 40 feet to the centerline of a street.
2. No part of a principal building on a lot used for residential dwelling shall be closer than 10 feet
to the sideline of an adjoining lot nor closer than 10 feet to the rear lot line.
3. Setbacks for residential accessory buildings and structures shall be in accordance with the
General Regulations, § 275-24 hereof.
4. Wherever a lot used for a nonresidential purpose abuts a residential lot, setbacks shall be
provided in accordance with the General Regulations, § 275-24 hereof.
5. The cumulative total area of all buildings, including accessory buildings and structures, on lots
used for residential dwellings shall not exceed 30% of the lot area.
6. Maximum building or structure heights shall be in accordance with the General Regulations, §
275-23 hereof.

275:18

7. Off-street parking shall be provided in accordance with the General Regulations, § 275-25
hereof.
C. No parcel of land in an MU-2 (Mixed-Use Two) District shall be subdivided prior to receiving
approval of the plat by the Planning Board.
1. Minimum lot size for single-family dwelling shall be 12,000 square feet.
2. Minimum lot width for single-family dwelling shall be 80 feet.
ARTICLE IX
Historic Overlay Districts

§ 275-18. HO – Historic Overlay Districts.
A. Approximately twenty percent of the Village of Richfield Springs is comprised of historic districts.
These historic districts have been identified as the Church Street, the East Main Street and the West
Main Street Historic Districts. The HO-district includes these areas as shown on the Village of
Richfield Springs Zoning Map.
B. In addition to the requirements of the underlying district, any proposed land use shall be in harmony
with the historic character of the neighborhood.
C. Land use applications for the proposed construction of any building, structure or the addition or
alteration of any building or structure which would be visible from the street shall be subject to site
plan review and approval by the Planning Board. The objective of this review is to assure that a
proposed land use will not alter or be detrimental to the historic character of the neighborhood.

ARTICLE X
General Regulations

§ 275-19. Issuance of land use permit.
No land use permit shall be issued unless the application thereof shall show conformance to the
provisions of this chapter of the Village Code.
§ 275-20. Provision for water and sewer.
A. Provision for connection to the Village water and sewer systems shall be provided for all developed
lots.
B. Upon a finding that a connection with the Village sewer system is not physically possible, an
adequate septic system may be installed in accordance with the provisions set forth in Chapter 260,
Water and Sewers, of the Village Code
§ 275-21. Minimum dwelling.

275:19

Every dwelling unit shall have a minimum ground floor area of 200 square feet, excluding attached
garages, porches and other accessory attachments.
§ 275-22. Manufactured homes.
A. Manufactured homes shall be installed in accordance with manufacturer’s written instructions.
B. Any manufactured home which is not installed on a permanent masonry wall-type foundation shall
have skirting installed around the perimeter of the manufactured home.
§ 275-23. Maximum building height.
No building or structure or portion thereof shall exceed the following maximum height:
A. Principal building or use: 60 feet.
B. Accessory private garage: 30 feet
C. All other accessory buildings or structures: 15 feet.
§ 275-24. Setback requirements.
A. Residential corner lots: On every corner lot in a residential district, there shall be provided on the
side street a side yard setback equal in depth to the required front yard setback depth.
B. Setbacks for accessory buildings or structures located on residential lots:
1. Except where a greater setback is specified herein, no accessory use shall be closer to the rear
or side lot line than 4 feet.
2. No part of a ground-mounted solar energy system shall be closer to the rear or side lot line than
the following:
a. In zoning districts, R1 – Low-density Single Family Residential: 15 feet.
b. In all other zoning districts: 10 feet.
C. Changes or modifications to a building or structure intended to make reasonable accommodation to
afford an individual or individuals equal opportunity to use the premises of a residence, for example
an entry ramp for a disabled person, shall be exempt from residential setback requirements.
D. No accessory use, whether carried on within an enclosure or otherwise, shall be authorized closer to
the street than is authorized for principal buildings in the district wherein the lot involved is
situated.

275:20

E. Where the frontage on one side of a street between two intersecting streets is zoned partly as
residential and partly as business or industrial, the front yard setback from the center line of a street
shall be equal to whichever required front yard setback is greater.
F. Setbacks on non-residential lots:
1. Wherever a lot used for a nonresidential use is located on a lot adjoining a lot used for
residential dwelling, there shall be provided along the abutting lot lines a setback of the
principal building equal in width or depth as that required for the residential lot.
2. Wherever a lot used for a nonresidential use is located on a lot adjoining a lot used for
residential dwelling, there shall be provided along the abutting lot lines a setback of any
accessory use equal to that required for the residential lot.
§ 275-25. Provision for off-street parking.
A. Off-street parking in an area as far distant from the street as is required for the principal building
shall be provided.
B. The following minimum number of parking spaces shall be provided for each use permitted by this
chapter:

OFF-STREET PARKING SCHEDULE
USE NUMBER OF REQUIRED PARKING SPACES

Assembly 1 per 300 gross square feet
Dwelling 2 per dwelling unit
Health and medical offices and
institutions, day care centers

1 per 200 gross square feet
Lodging establishment 1 per sleeping unit plus

1 per 500 square feet of common area

Professional and public service
offices, personal service business

1 per 300 gross square feet
Residential care facilities 1 per 400 gross square feet
Restaurants and similar businesses 1 per 100 gross square feet
Retail business 1 per 200 gross square feet
School 1 per 3.5 seats in assembly rooms plus

1 per staff member
Warehouse or industrial use 1 per 500 gross square feet
C. Where there is a combination of uses on the same lot, the required number of parking spaces shall
be the sum of those for each use.

275:21

D. The required parking spaces shall be provided on the same lot as the use for which they are required
or on an adjoining lot owned by the same owner.
E. Parking spaces shall be a minimum of 9 feet wide and 20 feet long.
§ 275-26. Accessory buildings and uses.
A. Customary accessory uses ordinary and common to the principal building shall be permitted
provided such uses are clearly incidental to the principal use. An accessory use may be located on
the same lot where the principal use is located or on an adjoining lot owned by the same owner.
B. Except in areas designated by Otsego County as an Agricultural District, accessory buildings shall not
be used or occupied as kennels, chicken coops, hen houses, stables or barns for the harboring or
breeding of livestock or other farm animals.
C. One accessory dwelling unit shall be permitted for every principal single-family detached dwelling
and for every principal dwelling unit of a two-family dwelling subject to the following limitations:
1. The owner of the residential lot shall occupy one of the dwelling units.
2. Accessory dwelling units shall have a minimum of 200 square feet of area.
3. Accessory dwelling units shall not exceed fifty percent of the total area of the principal dwelling
or 800 square feet whichever is less.
4. Accessory dwelling units shall not be located on the ground floor of a private garage.
5. Off-street parking shall be provided in accordance with the General Regulations, § 275-25
hereof.
D. Swimming pools may be installed in all districts subject to the following conditions:
1. Pools shall be erected and installed in accordance with any applicable codes and regulations of
New York State and any other governmental agency having jurisdiction.
2. Pools may be installed only as an accessory to residential uses for the private use of the owners
or occupants of such residential uses.
3. Pools and pool equipment shall be installed in conformance with the required setbacks for
residential accessory uses in the district where the pool is located.
E. Solar energy systems shall be permitted as an accessory use in all zoning districts subject to the
following:

275:22

1. General provisions:
a. All solar energy systems shall be designed, erected and installed in accordance with
applicable codes, regulations and industry standards.
b. Nameplate Capacity of solar energy systems shall not exceed 25 kW AC unless a special use
permit for such installation has been granted by the Planning Board.
c. Every solar energy system permitted by this chapter of the Village Code shall be maintained
in good working order and in accordance with industry standards.
d. Any solar system, when no longer used, shall be removed and disposed of in accordance
with all applicable laws and regulations of the Village of Richfield Springs and all applicable
federal, state or county laws or regulations.
e. If the owner or operator of a solar energy system fails to maintain the system in good
working order or abandons the system, upon written notice by the Zoning Enforcement
Officer (ZEO), the owner or operator of the system shall remove and dispose of the solar
energy system. If within 30 days the order is not complied with, the ZEO shall be permitted
to remove, or cause such solar energy system to be removed at the expense of the owner or
operator of the system.
f. Upon written notice by the ZEO, any solar energy system which has been unlawfully
installed, erected or maintained in violation of any of the provisions of this law shall be
made to conform to the provisions of this chapter or shall be removed by the owner or
operator thereof. If within 30 days the order is not complied with, the ZEO shall be
permitted to remove, or cause such solar energy system to be removed at the expense of
the owner or operator of the system.
g. Any solar energy system legally existing at the time of the enactment of this chapter may be
continued in use until such time as it is either abandoned or removed by the owner or
operator thereof. No alterations except normal maintenance shall be allowed for any
existing solar energy system which is in conflict with the provisions of this chapter.
h. Modifications to any existing solar energy system which would increase the capacity of the
system shall be required to meet the requirements of this chapter.
2. Roof-mounted solar energy systems are permitted in all zoning districts when attached to any
building or structure which conforms to the provisions of this chapter subject to the following
conditions:
a. Height restrictions within the zoning district shall apply to the maximum height of the solar
energy system.
3. Ground-mounted solar energy systems are permitted as accessory structures subject to the
following conditions:
a. Maximum height shall be 15 feet.
b. The surface area covered by a ground-mounted solar energy system shall be included in the
total allowable lot coverage for the Zoning District in which the system is located.
c. Ground-mounted solar energy systems shall be allowed in side or rear yards only.
4. Solar energy systems with a Nameplate Capacity exceeding 25 kW AC shall be allowed subject to
site plan review and issuance of a special use permit by the Planning Board.

275:23
§ 275-27. Lot requirements at district boundaries.
A. Where a district boundary line divides a lot in single or joint ownership of record at the time such
line is adopted, the regulations for the less-restricted portion of such lot shall extend not more than
30 feet into the more-restricted portion, provided the lot has frontage on a street in the less-
restricted district.
B. Where a residential district is bounded by a portion of a business district, any side street extending
through such residential district into such business district shall not be used for any business
purpose, except as herein set forth. The business structure erected in said business district shall
face and open upon the street set aside for business purposes, except that show windows in such
business structure may be built and exposed upon said side street within the area set aside as part
of such business district and an entrance may be made at the corner of such business and residential
streets, and all other entrances may be made from such residential street to the upper stories of
such business structure.
§ 275-28. Agricultural Uses.
A. Except in areas designated by Otsego County as an Agricultural District, agricultural uses are
prohibited within the boundaries of the Village.
B. Buildings on land in agricultural use may be altered or reconstructed notwithstanding the limitations
set forth in accordance with Nonconforming and Prohibited Uses and Buildings, § 275-43 hereof;
provided, however, such alterations or reconstruction are for agricultural use and no building or any
extension thereof shall be closer than 100 feet to any property line.
C. Storage of manure or any dust- or odor-producing substances shall not be permitted within 100 feet
of any property line.
§ 275-29. Home occupations.
A. Home occupations shall be permitted in principal dwellings and accessory buildings. Except as
specified in § 275-29 B and C, any personal or professional service customarily conducted within a
dwelling and carried on by resident members of the family, which use is clearly incidental and
secondary to the use for dwelling purposes, shall be permitted.
B. Barber shops, beauty parlors and other similar businesses requiring an Appearance Enhancement
Business license from New York State shall require a special use permit as granted by the Planning
Board.
C. Any business which may be defined as an adult-use business shall not be permitted as a home
occupation.

275:24

D. Home occupations shall be subject to the following limitations:
1. The home occupation shall not exceed 15 percent of the floor area of the principal dwelling.
2. Not more than one person who is not a member of the family residing in the dwelling shall be
employed in the home occupation.
3. There shall be no exterior display, no exterior storage of materials and no exterior indication of
the home occupation or variation from the residential character of the principal building other
than a nameplate or sign stating the name of the person engaged in the home occupation and
the home occupation. No nameplate or sign shall be erected prior to receiving a permit issued
by the Board of Trustees. Such nameplates or signs shall not be illuminated.
4. No noise, vibration, smoke, dust, odors, heat or glare which would alter the residential character
of the neighborhood shall be produced.
5. Off-street parking shall be provided in accordance with the General Regulations, § 275-25
hereof, and adequate parking provided for both residential and nonresidential uses, computed
separately.
6. The home occupation shall not result in or cause vehicular traffic that creates a nuisance to
adjacent properties or be detrimental to the residential character of the neighborhood.

ARTICLE XI
Signs

§ 275-30. General provisions.
A. A sign or signs may be erected on a lot to direct attention to a business, commodity, service or
entertainment conducted, sold or offered on that same lot. Unless specifically exempted, no sign
shall be erected prior to the issuance of a permit as required by this chapter of the Village Code.
B. Signs other than an official traffic sign or similar sign shall not be erected within two (2) feet of the
lines of any street, or within any public way, unless specifically authorized by other ordinances or
regulations.
C. Signs shall not be erected at any location where by its position, shape or color it may interfere with
or obstruct the view of or be confused with any authorized traffic sign, signal or device.
D. Every sign permitted by this chapter shall be kept in good condition and repair. Where any sign
becomes insecure, in danger of falling or otherwise deemed unsafe by the Zoning Enforcement
Officer (ZEO), the owner thereof or the person or business using the sign, shall upon written notice,
and within not more than 10 days, repair such sign or shall remove it. If within 10 days the order is

275:25

not complied with, the ZEO shall be permitted to remove, or cause such sign to be removed at the
expense of the owner and/or user of the sign.
E. Upon written notice by the ZEO, any sign which has been unlawfully installed, erected or maintained
in violation of any of the provisions of this chapter of the code shall be made to conform to the
provisions of this chapter or shall be removed by the owner thereof or the person or business using
the sign. If within 10 days the order is not complied with, the ZEO shall be permitted to remove, or
cause such sign to be removed at the expense of the owner and/or user of the sign.
F. Any sign that no longer advertises or identifies a use conducted on the property on which the sign is
located must have the sign copy covered or the sign removed within 30 days after written
notification from the ZEO. If the order is not complied with, the ZEO shall be permitted to remove,
or cause such sign to be removed at the expense of the owner and/or user of the sign.
G. Any sign legally existing at the time of the enactment of this chapter of the Village Code may be
continued in use until such time as it is either abandoned or removed by the owner thereof or the
person or business using the sign. No alterations except normal maintenance shall be allowed for
any existing sign which is in conflict with the provisions of this chapter.
§ 275-31. Exempt signs.
The following types of signs may be erected without permits or fees, provided that such signs comply
with the general provisions of this chapter and standards established by the Planning Board:
A. “For Sale” or “For Rent” sign relating to the lot on which it appears.
B. Flag indicating that a business is “open”.
C. Signs authorized by federal, state or municipal governments or by agencies of governments.
D. Memorial signs, plaques or emblems installed by governmental, religious or nonprofit organizations.
E. Temporary private owner merchandise sale or auction signs for a period not exceeding 10
consecutive days, nor a total of 30 days in a calendar year.
F. Temporary signs promoting or advertising an event sponsored by a nonprofit organization. The sign
may be displayed for no more than 30 days prior to the event and must be removed within 10 days
after the event.
G. Temporary religious or seasonal signs within the appropriate holiday season.
H. Political signs promoting a candidate or ballot proposition may be erected not more than 60 days
prior to an election and must be removed within 10 days after that election. Political signs for
candidates or ballot propositions winning primary elections may remain until the general election
and must be removed within 10 days after that election

275:26
I. Signs indicating the locations of utility lines.
§ 275-32. Prohibited signs.
The following types of signs and locations of signs shall be prohibited by this chapter of the code:
A. Except for warning, posted, no-trespassing or private drive signs, no sign shall be attached to any
utility pole, light standard, tree or other public facility located within the public right-of-way.
B. Portable signs except as allowed for temporary signs or permitted by the Board of Trustees.
C. Signs attached to, or placed on, a vehicle or trailer parked on public or private property and used
primarily as a static display for advertising a product or service.
§ 275-33. Required permits.
A. Unless specifically exempted, no sign shall be erected until a permit therefor has been issued by the
Board of Trustees.
B. A permit shall be required prior to making changes to existing signs. Signs shall not be structurally
altered, enlarged or relocated until a permit has been issued.
C. There shall be submitted with all applications for permits a layout plan and elevation drawn to scale
showing the dimensions and other pertinent data for the erection of the proposed sign. For record
purposes only, where engineering calculations are required by the New York State Building Code,
calculations signed and sealed by a design professional licensed in the State of New York shall be
submitted.
D. All applications for sign permits shall be reviewed by the Planning Board for conformance with this
chapter and any established rules and regulations relating to specific sign standards. Based on the
findings of their review, the Planning Board shall recommend to the Board of Trustees whether to
grant, grant with modifications or conditions or deny any permit for a sign.

ARTICLE XII
Site Plan Review

§ 275-34. Site plan review and approval.
A. Prior to the issuance of a land use permit, the Zoning Enforcement Officer (ZEO) shall require site
plan approval by the Planning Board for those uses indicated in the zoning districts. The ZEO will
notify the applicant when an application has been sent to the Planning Board for review. Land use
applications which do not conform to the provisions of this chapter of the Village Code shall be
denied and will not be sent to the Planning Board for review.

275:27

B. The Planning Board will review the land use application and site plan sketch showing the existing
and proposed development of the lot. If the Planning Board determines that the information
submitted with the initial application is sufficient, it may, at its discretion, accept and approve the
site plan.
C. If the Planning Board determines that the site plan sketch is not sufficient to make a determination
to approve the site plan, a conference between the Planning Board and applicant shall be held to
review the site design concepts. The Planning Board may request any additional information that it
deems necessary to review the proposed site plan.
D. If, in the opinion of the Planning Board, input from the public is warranted for any site plan, the
Planning Board may conduct a public hearing prior to making a determination regarding the site
plan.
E. The applicant or authorized representative of the applicant shall attend Planning Board meetings
whenever the meeting agenda includes the applicant’s site plan application. The applicant or
authorized representative of the applicant shall attend any public hearing held regarding the
applicant’s site plan application.
F. The Planning Board’s review of the site plan shall include, as appropriate, but is not limited to the
following:
1. Location, arrangement, general compatibility of buildings, structures, lighting, signs.
2. Adequacy of vehicular traffic access and control.
3. Adequacy of pedestrian traffic access and control.
4. Location, arrangement and appearance of off-street parking and loading.
5. Adequacy of utilities.
6. Adequacy of landscaping, site topography, stormwater drainage.
7. Adequacy and arrangement of fences, trees or other landscaping intended to provide a visual or
noise buffer between the applicant’s lot and adjoining lots.
8. Adequacy of emergency access.
G. Upon review of the site plan, the Planning Board may approve, approve with modifications or
conditions, or disapprove the site plan. The Planning Board shall notify the applicant and the ZEO
regarding its decision and file a copy of their decision with the Village Clerk’s office. The Zoning
Enforcement Officer will approve or deny the land use application based upon the decision of the
Planning Board.

275:28
§ 275-35. Site plan review for HO (Historic Overlay) Districts.
A. Unless otherwise required in the underlying district for a proposed use, site plan review in a Historic
Overlay District shall be for the purpose of determining whether the proposed land use would
create an undesirable change to the character of the historic neighborhood.
B. The Planning Board may request additional information, such as architectural elevations of any
proposed buildings or structures, to assist in determining the impact of the proposed land use on
the neighborhood.

ARTICLE XIII
Special Use Permits
§ 275-36. General provisions for permitted special uses.
A. All uses indicated to require a special use permit within a zoning district shall be deemed to be
permitted uses in their respective districts, subject to the satisfaction of the requirements and
standards set forth herein in addition to all other requirements of this chapter. All such uses are
hereby declared to possess characteristics of such unique and special form that each specific use
shall be considered as an individual case. A special use permit shall only be authorized when the
intended use:
1. Will be in harmony with the intent of this chapter.
2. Will not alter the essential character of the neighborhood nor be detrimental to the residents of
the neighborhood.
3. Will not create conditions which could endanger the health or safety of the residents of the
Village.
4. Will not be otherwise detrimental to the public.
B. The Planning Board shall have the authority to approve and grant special use permits. Any use
requiring a special use permit shall be required to have such permit prior to the issuance of a land
use permit by the Zoning Enforcement Officer.
C. No permit shall be issued for a special use for a property where there is an existing violation of this
chapter, except where the special use would allow the use of the lot to be in conformance with this
chapter.
D. A site plan conforming to the requirements for application for land use permit, § 275-46 D, hereof
shall be submitted with an application for a special use permit. In addition, the site plan shall show
such other information as may be required for the proposed special use as indicated in section
§275-37, Additional Requirements for Permitted Special Uses.

275:29

E. All uses requiring special use permits shall require site plan review by the Planning Board.
§ 275-37. Additional requirements for permitted special uses.
The special uses authorized in this chapter shall be subject to the following additional requirements:
A. Day care centers.
1. The day care center must be licensed by the State of New York.
2. Drop-off and pickup areas for those attending the day care center shall not be in the public
right-of-way.
3. Minimum off-street parking shall be in accordance with the General Regulations, §275-25 hereof
or shall provide one space for each full-time staff person and an allowance for visitors whichever
is the greater number.
4. No recreation area or equipment shall be located in the front yard.
5. Adequate outdoor recreation space shall be provided based on the number and ages of children
or adults attending the day care.
6. There shall be a minimum ten feet buffer along both side and rear lot lines of adjoining lots.
Adequate screening, landscaping or fencing shall be provided.
7. The special use permit shall expire if the special use ceases for more than six months for any
reason except a public health emergency or if the day care center is no longer licensed by the
State of New York.
B. Home occupation: Barber shop, beauty parlor or other similar businesses requiring an Appearance
Enhancement Business license from New York State.
1. The business must be licensed by the State of New York.
2. The special use permit shall expire if the special use ceases for more than six months for any
reason or if there is a change in ownership or control of the residence or if the business is no
longer licensed by the State of New York.
C. Manufactured home parks.
1. No person or business shall use or allow the use of land for a manufactured home park until all
required approvals and permits are obtained from the State of New York and any other
applicable governmental agencies having jurisdiction.
2. In addition to the information required for site plan review, the applicant’s site plan shall show
the following:

275:30
a. Topographic contours of the site at two-foot intervals.
b. Location of any streams, wetlands, flood zone areas and similar features.
c. Any proposed grading or stormwater drainage.
d. Layout of the park showing the location, size and arrangement of all the proposed lots
within the park.
e. The locations of water and sewer lines and any other proposed utilities serving the park.
f. The location and widths of all entrances and exits to the park and the street layout within
the park.
g. The locations and layout of any common areas within the park including parking and loading
areas, recreational areas, walkways and pathways.
h. The location and plan for any proposed structure or other improvement.
i. Any proposed signage or lighting within the park.
j. Any proposed landscaping
k. The locations, names and widths of all adjacent streets.
3. Accessibility of manufactured home parks:
a. The manufactured home park shall be accessible from a public highway or street.
b. Where a manufactured home park has more than twelve homes, two entrance/exits to the
park shall be provided.
c. Entrances and exits shall be designed and located for safe movement into and out of the
park to minimize the impact to traffic on the public highway or street.
d. Entrances and exits shall be essentially at right angles to the public highway or street.
e. Streets within the park shall be constructed to meet Village of Richfield Springs standards.
4. The manufactured home park shall provide common open space for use by the occupants of the
park. Such open space shall have a total area of at least 10% of the gross land area of the park.
5. Landscaping including lawns, ground covers or other plantings shall be provided. Planting or
fencing shall be provided to the extent needed to screen objectionable views and to screen the
park from adjacent properties.
6. The special use permit shall not be transferrable if there is a change in ownership or control of
the land used for a manufactured home park. To continue the use as a manufactured home
park, a new application for a special use permit shall be submitted.
7. The special use permit shall expire if the special use ceases for more than six months for any
reason.
8. Revocation of special use permit:
a. Whenever approvals or permits granted by the State of New York or any other applicable
governmental agencies having jurisdiction are revoked or otherwise no longer valid, the
special use permit for the manufactured home park shall be revoked.
b. If it is determined that the manufactured home park is not being maintained in a clean and
sanitary condition or is not otherwise being operated in accordance with the “Code of the

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Village of Richfield Springs,” the Zoning Enforcement Officer will be authorized to issue a
written order to correct such conditions within ten days after serving the order. If the
holder of the special use permit refuses or fails to correct the specified conditions, the
Village Board of Trustees may revoke the special use permit and the holder shall terminate
the operation of the manufactured home park. However, if the owner or operator of the
manufactured home park thereafter corrects such conditions bringing the park into
conformance, the owner or operator may apply for the issuance of a new special use permit.

D. Residential care facilities.
1. Residential care facilities must be licensed by the State of New York and/or any other applicable
governmental agencies having jurisdiction.
2. Lots used for residential care facilities shall not be less than 100 feet in width.
3. The area of the principal building used as a residential care facility shall not exceed 25% of the
lot area.
4. Resident drop-off and pickup areas shall not be in the public right-of-way.
5. There shall be a minimum 20 feet buffer along both side and rear lot lines of adjoining lots.
Adequate screening, landscaping or fencing shall be provided.
6. Adequate outdoor space including walkways and recreational areas for use by the residents
shall be provided. A minimum of 10% of the gross land area shall be designated for such uses.
7. Landscaping including lawns, ground covers or other plantings shall be provided. Plantings shall
be provided to the extent needed to screen objectionable views.
8. Consideration shall be given to accessibility to off-site goods or services which may be
appropriate to the needs of the prospective residents.
9. Minimum off-street parking shall be in accordance with the General Regulations, §275-25
hereof, or shall provide one space for every four beds whichever is the greater number.
10. Provision shall be made for truck loading and unloading area.
11. The site plan shall show any proposed signage or site lighting.
12. The special use permit shall not be transferrable if there is a change in ownership or control of
the residential care facility. A new application for a special use permit shall be submitted in
order to continue use as a residential care facility.

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13. The special use permit shall expire if the special use ceases for more than six months for any
reason.
14. Whenever approvals or permits granted by the State of New York or any governmental agency
having jurisdiction are revoked or are otherwise no longer valid, the special use permit for the
residential care facility shall be revoked.
E. Schools.
1. Schools must be approved by the State of New York.
2. A traffic study, which shall include assessment of the following, shall be submitted with the
application for a special use permit:
a. Impacts to traffic during drop-off and pickup times.
b. Site plan showing proposed off-street drop-off zone and any required transportation
improvements.
c. Assessment of safety along walking routes to the school and any recommended
improvements to enhance safety along those routes.
d. Description of proposed delivery loading and unloading area.
3. The area of the principal building or buildings shall not exceed 25% of the lot area.
4. Lots used for schools shall not be less than 150 feet in width.
5. There shall be a minimum 20 feet buffer along both side and rear lot lines of adjoining lots.
Adequate screening, landscaping or fencing shall be provided.
6. Landscaping including lawns, ground covers or other plantings shall be provided. Plantings shall
be provided to the extent needed to screen objectionable views.
7. Minimum off-street parking shall be in accordance with the General Regulations, § 275-25
hereof.
8. The site plan shall show any proposed signage or site lighting.
F. Solar energy system greater than 25kW.
1. The Nameplate Capacity of the solar energy system shall not exceed 1 mW AC.
2. The Planning Board shall determine whether bonding or decommissioning plan is required prior
to granting a special use permit for any solar system.
3. In addition to the information required for site plan review, the applicant’s site plan shall show
the following:

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a. Proposed access to the solar system, including but not limited to, locations of access roads,
gates and parking areas.
b. Complete layout of the solar energy system, including all above and below ground utility
lines.
c. Any proposed clearing, grading, stormwater control and erosion control of the site.
d. Proposed fencing or screening of the project area.
e. Any proposed signage and site lighting.
4. Setback from all property lines shall be minimum 30 feet.
5. Setback from the centerline of any public roadway shall be a minimum of 75 feet.
6. Maximum height shall be 15 feet.
7. After completion of construction, the applicant shall provide copies of inspection certifications
indicating that the solar energy system complies with applicable codes and regulations.
8. The special use permit shall expire if the special use ceases for more than six months for any
reason.
G. Adult-use business.
1. An adult-use business shall not be located within 500 feet of any residential district boundary or
boundary line of any lot occupied by a residential use.
2. An adult-use business shall not be located within 500 feet of any other adult-use business.
3. An adult-use business shall not be located within 1000 feet of any school, day care center,
religious center, library or park.
4. Distances shall be measured in a straight line without regard to intervening structures,
topography or zoning.
5. The total area of an adult-use business shall not exceed 2500 square feet.
6. The special use permit shall not be transferrable if there is a change in ownership or control of
the adult-use business. To continue the use as an adult-use business, a new application for a
special use permit shall be submitted.
7. The special use permit shall expire if the special use ceases for more than six months for any
reason except a public health emergency.

ARTICLE XIV

275:34
Subdivision Review

§ 275-38. General provisions.
A. Any plat for the subdivision of land into two or more lots shall require approval of the plat by the
Planning Board. Subdivisions shall be classified in accordance with the following:
1. Minor subdivision - A subdivision containing four or fewer lots along an existing street or
highway and not requiring the installation of a new street or public facilities.
2. Major subdivision- A subdivision containing five or more lots along an existing street or highway
or any subdivision requiring the creation of a new street or extension of public facilities. Any
cluster development shall be considered a major subdivision.
3. Exception: Where a parcel of land, included in a single deed, is split by a public highway, the
subdivision of the parcel into two parcels, one each side of the highway, shall not be subject to
subdivision review by the Planning Board.
B. Any proposed subdivision for residential uses in an MU-2 (Mixed-Use 2) District may be either a
conventional subdivision or a cluster development at the discretion of the applicant.
C. Any subdivision whose intended use is other than residential, such as business or industrial uses or
mixed uses, shall comply with the applicable provisions of this chapter.
D. Approval of a plat shall only be authorized when the plat is deemed to be in conformance with the
following objectives:
1. The Village of Richfield Springs plan for future growth and development.
2. Encouragement of orderly and beneficial development while maintaining the character of the
Village.
3. Protection and conservation of land throughout the Village.
4. Makes provision for adequate and efficient transportation, potable water, sewer, fire
protection, recreation and other public requirements and facilities. Ensures that these services
are available and that the Village will be required to bear no more than its fair share of the cost
of providing such public facilities.
5. Development is appropriate with regard to natural features and the land to be subdivided is of
such character that it can be used safely for building purposes without danger to the health and
welfare of the residents of the Village.

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E. No subdivision of land shall be made where such subdivision would create a violation of this chapter
with regard to setbacks for any existing building, structure or use.
F. No subdivision of land shall be made where such subdivision would create a lot or lots having no
frontage on an existing or proposed street or roadway.
§ 275-39. Subdivision application and review procedures.
A. General procedures.
1. The applicant or authorized representative of the applicant shall attend Planning Board
meetings whenever the meeting agenda includes the applicant’s proposed subdivision. The
applicant or authorized representative of the applicant shall attend any public hearing held
regarding the applicant’s proposed subdivision.
2. Coordination with SEQRA.
a. All applications for subdivision approval shall include Part 1 of the environmental
assessment form (EAF) completed by the applicant. The Planning Board shall complete
Parts 2 and 3 of the EAF. The Planning Board shall determine whether the proposed
subdivision falls into the category of a Type I, Type II or Unlisted action under SEQRA,
b. An application for a proposed subdivision shall not be considered complete until the SEQRA
process is ended. The determination of significance for Type I and Unlisted actions must be
either a negative declaration or a conditioned negative declaration in order for an
application to be considered complete.
3. Coordination with Otsego County. When required, the Planning Board shall make referral to the
Otsego County Planning Department in accordance with General Municipal Law § 239 and
Otsego County guidelines prior to taking action on an application for a preliminary subdivision
plat or a final subdivision plat.
4. Developer Agreement. Whenever the installation of public facilities would be required in order
to develop or make contracts for the sale of any part of a subdivision, the Planning Board shall
require a Developer Agreement between the Village of Richfield Springs and the developer of
the parcel. Such an agreement would define the roles of the Village and the developer in
providing for the design and installation of public facilities and amenities. This agreement must
be approved by the Board of Trustees.
5. Performance Bond. The Board of Trustees may require a developer to provide a performance
bond satisfactory to the Board binding the developer to pay a sum of money to the Village of
Richfield Springs if the developer fails to satisfactorily install or maintain any public facilities
improvements agreed upon in the Developer Agreement.
6. Whenever the Planning Board deems it necessary to hire an outside consultant to assist with its
review of a subdivision, the cost of hiring the consultant shall be borne by the applicant.

275:36

7. Public Hearing. The Planning Board shall conduct a public hearing on any complete application
for preliminary or final subdivision plat approval.
a. If a public hearing is required as a part of the SEQRA process, the hearings may be held
jointly.
b. The Planning Board shall provide to the applicant the names and addresses of property
owners within a 250 feet radius of the property boundary of the proposed subdivision. The
Planning Board shall provide to the applicant a property owner notification of hearing
notice.
c. The applicant shall send the notification of hearing notice to all the identified property
owners by first-class mail. The notices shall be postmarked no less than seven days prior to
the hearing and no more than 21 days prior to the hearing.
d. Prior to the public hearing, the applicant shall submit to the Planning Board confirmation of
the property owner notifications by obtaining a certificate of mailing from the U. S. Postal
Service.
8. The applicant for a subdivision or authorized representative of the applicant shall secure final
approval of the proposed subdivision prior to making any contract for the sale of any part
thereof or any permit for land use in such subdivision is granted. No land use permits, building
permits or certificates of occupancy shall be issued for any construction project until final
subdivision plat approval has been given, the plat is properly signed and recorded with the
County Clerk, any financial security is in place, and any and all other conditions of approval have
been met.
9. The applicant shall be responsible for obtaining any reviews, permits or written permissions
required by the State of New York or any governmental agency having jurisdiction.
B. Site plan sketch review.
Any applicant may, prior to applying for subdivision approval, submit to the Planning Board a site
plan sketch of the proposed subdivision for the purpose of preliminary discussion with the Planning
Board.
C. Preliminary subdivision application procedure.
1. Prior to submitting an application for preliminary subdivision approval, the applicant shall obtain
the application form and the detailed application checklist of items required for submission of a
complete application from the Village Clerk. The Planning Board has the right to reject any
application submitted if it fails to meet the minimum submittal requirements as outlined in the
checklist.
2. After the close of the public hearing on the preliminary subdivision plat, the Planning Board shall
conditionally approve, with or without modification, disapprove or grant approval of the
preliminary subdivision plat.

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3. The grounds for modifications or disapproval of any preliminary subdivision plat shall be stated
in the records of the Planning Board. Reasons for denial shall relate to the objectives listed in §
275-38 D.
4. Whenever approval is granted for a preliminary subdivision plat, or such plat with modifications
if any, a copy of the plat and decision shall be filed with the Village Clerk.
5. If submission of a final subdivision plat is required, the Planning Board may revoke approval of
the preliminary subdivision plat when the final plat is not submitted within the time limit
established by the Planning Board.
D. Final subdivision application procedure.
1. An application for final subdivision plat approval is required for the lawful division of a tract of
land.
2. Prior to submitting an application for final subdivision approval, the applicant shall obtain the
application form and the detailed application checklist of items required for submission of a
complete application from the Village Clerk. The Planning Board or the designated staff has the
right to reject any application submitted if it fails to meet the minimum submittal requirements
as outlined in the checklist.
3. The final plat submission shall be clearly marked “Final Plat” and shall be in the form prescribed
by the Planning Board. The final plat submittal shall include any conditions specified in the
approving decision for the preliminary plat.
4. After the close of the public hearing on the final subdivision plat, the Planning Board shall
conditionally approve, with or without modification, disapprove or grant approval of the final
subdivision plat.
5. The grounds for modifications or disapproval of any final subdivision plat shall be stated in the
records of the Planning Board. Reasons for denial shall relate to the objectives listed in § 275-38
D.
6. Pursuant to the Planning Board decision to grant approval to a final plat, or after conditions
specified in a decision granting conditional approval of the plat are completed, a duly authorized
officer of the Planning Board shall sign the final plat.
7. Deeds to all areas to be offered for public use shall be submitted prior to the signing of the final
plat by the officer of the Planning Board.
8. The applicant shall submit the final map of the subdivision to the County Clerk for recording.

275:38
§ 275-40. Submission requirements for subdivision.
A. Minor subdivision.
1. Final subdivision plat review shall be required.
2. At the discretion of the applicant, the applicant may begin the review process with site plan
sketch review or preliminary plat review.
B. Major subdivision.
1. Subdivision not requiring new street or public facilities.
a. Both preliminary subdivision plat and final subdivision plat review shall be required.
b. At the discretion of the applicant, the applicant may begin the review process with site plan
sketch review.
2. For subdivision requiring new street or public facilities, site plan sketch review, preliminary
subdivision plat and final subdivision plat review shall be required.
C. Cluster development.
1. Site plan sketch review shall be used to determine the number of lots allowed in a residential
cluster development. The applicant shall submit two plans for review, one showing the number
of lots based on a conventional subdivision and one showing the number of lots in the proposed
cluster development.
2. The number of lots in the proposed cluster development shall not exceed the number that
would have been permitted in the conventional subdivision.
3. A residential cluster development may include two-family and multi-family dwellings as well as
single-family detached dwellings.
4. A residential cluster development shall include provision for the preservation of undeveloped
open space. The Planning Board, as a condition of plat approval, may impose binding controls
and restrictions over ownership, use and maintenance of the undeveloped open space to
preserve it for its intended purpose. Such conditions shall be subject to approval by the Board
of Trustees.
5. Minimum lot size and width required for single-family dwellings located in a cluster
development shall be as follows:
District Minimum Lot Area Minimum Lot Width
MU-2 District 9,000 square feet 65 feet

D. Site plan sketch review

275:39
The site plan sketch should include the following:
1. The name and address of the owner or owners of the land to be subdivided.
2. A location map showing the tract or portion of the tract, which is to be subdivided, and the
distance to the nearest existing street intersection. All streets within 250 feet of the proposed
subdivision shall be shown.
3. A map indicating all available utilities, and all proposed streets and utilities that will be provided
within the subdivision.
4. Location and dimensions of any existing buildings or structures.
5. The proposed pattern and numbers of lots, street layout, and any recreation areas, within the
subdivided area.
6. If applicable, a map indicating any portions of the land within the subdivision that are within a
flood zone or are wetlands areas.
7. General topographic information at no greater than ten-foot intervals relating to existing
conditions and any proposed grading if known.
E. Preliminary subdivision plat application
1. The preliminary plat subdivision application submittal shall include a completed application
form and all supporting documents.
2. At a minimum, the preliminary plat subdivision application submittal shall include a drawing of
the preliminary plat, drawn accurately to a scale not smaller than 50 feet to one inch, and
showing the following items:
a. The name and address of the owner or owners of the land to be subdivided and any licensed
professionals assisting with the application.
b. The date of the drawing, North arrow, scale and title of the subdivision.
c. Location and dimensions of any existing buildings or structures.
d. Lot and street layouts indicating plans for connecting to existing streets.
e. Indicate size and dimensions of all proposed lots, showing conformance with requirements
for the district where the proposed subdivision is located.
f. Locations of stone monuments to be used to facilitate surveying and legal descriptions.
g. Proposed layout for public utilities, including but not limited to, stormwater runoff, potable
water supply and wastewater disposal.
h. The locations of relevant natural features such as flood zones, wetlands and watercourses.
i. Concept plan for any proposed public park or other recreation land.

275:40

3. Any additional items listed on the Planning Board’s detailed application checklist, and any more
detailed information requested by the Planning Board in special cases shall be submitted.
F. Final subdivision plat application
1. The final plat subdivision application submittal shall include a completed application form and
all supporting documents.
2. The final subdivision plat shall contain the same information, except for any changes or
additions required by the decision of the Planning Board, as shown on the preliminary plat. The
drawing of the preliminary plat may be used as the final subdivision plat if it meets the
applicable requirements and is revised in accordance with the Planning Board’s decision. All
revision dates must be shown.
3. The final subdivision plat shall note specifically any areas not to be offered for public use or
dedication.
4. The final subdivision plat application shall include a detailed survey of the site and shall include
engineering plans and profiles of each proposed street and utility, drawn at an acceptable
horizontal scale not to exceed 50 feet to one inch and a vertical scale of five feet to one inch.
5. All drawings for final subdivision plats shall be signed and sealed by a professional engineer
and/or land surveyor licensed in the State of New York.
6. Where applicable, certification of compliance with the requirements of any agency of the State
of New York or any other applicable governmental agencies having jurisdiction shall be included
with the final subdivision plat application.
7. Submission of a Developer Agreement and/or Performance Bond shall be included with the
application when required.
8. Any additional items listed on the Planning Board’s detailed application checklist, and any more
detailed information requested by the Planning Board in special cases shall be submitted.

ARTICLE XV

Nonconforming and Prohibited Uses and Buildings

§ 275-41. Nonconforming uses and buildings.
A. The lawful use of any land or building existing at the time of the enactment of this chapter may be
continued although such use does not conform to the provisions of this chapter.

275:41

B. Whenever a nonconforming use has been discontinued for a period of more than three (3) years,
such use shall not thereafter be continued or reestablished without a use variance, and any future
use shall be in conformity with the provisions of this chapter.
C. Once changed to a conforming use, no building or land shall be permitted to revert to a
nonconforming use.
§ 275-42. District boundary 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 forgoing provisions shall also apply to any
nonconforming uses existing therein.

§ 275-43. Alterations and extensions to nonconforming uses.
A. A nonconforming building use may not be reconstructed or structurally altered during its life to an
extent exceeding in aggregate cost 50% of the true value of the building unless said building is
changed to a conforming use.
B. A nonconforming use shall not be extended, but the extension of a lawful use to any portion of a
nonconforming building which existed prior to the enactment of this chapter shall not be deemed
an extension of such nonconforming use.
C. No nonconforming use shall be extended to displace a conforming use.
§ 275-44. Prohibited uses.
A. No lot, land or structure within the boundaries of the Village of Richfield Springs shall be used as a
junkyard or salvage yard.
B. Any use not listed as permitted within any given district is deemed a prohibited use unless a use
variance is granted in accordance with this chapter.
ARTICLE XVI
Administration and Enforcement

§ 275-45. Enforcement officer.
The Zoning Enforcement Officer (ZEO) shall have the power and duty to administer and enforce the
provisions of this chapter of the Village Code. The ZEO shall be appointed by the Board of Trustees.
§ 275-46. Land use permits.
A. No building or structure shall be erected, added to or structurally altered until a land use permit
therefor has been issued by the Zoning Enforcement Officer. The ZEO shall issue a land use permit

275:42

only for those land use applications which are in conformance with this chapter. All land use
applications which do not conform with this chapter shall be denied.
B. Except upon issuance of a variance by the Board of Appeals, no land use permit shall be issued for
any building where said construction, addition, alteration or use thereof would be in violation of any
of the provisions of this chapter.
C. Exceptions:
1. A land use permit shall not be required for the construction of a boundary wall or fence.
2. A land use permit shall not be required for an accessory building or structure having an area of
144 square feet or less provided setbacks are met. Such construction of an accessory use shall
not be in violation of any of the provisions of this chapter.
D. Application for land use permit.
1. All applications for land use permits shall be on forms available at the Village Clerk’s office or on
the Village website.
2. All applicants for land use permits shall authorize the ZEO to enter the premises with reasonable
notice to monitor and verify conformance with any issued land use permit.
3. There shall be submitted with all applications for land use permits two copies of a site plan
sketch showing the following information:
a. Drawing title, including name and address of applicant and address of proposed land use if
different from applicant’s address.
b. North arrow, scale and date.
c. Property boundary lines and dimensions.
d. Locations and names of existing streets.
e. Locations of all existing and proposed principal buildings and structures.
f. Plan dimensions and heights of all existing or proposed principal buildings and structures.
g. Locations of all existing or proposed accessory buildings or structures.
h. Plan dimensions and heights of all existing or proposed accessory buildings or structures.
i. Means of vehicle access to the lot and layout of parking areas.
j. Approximate location of existing or proposed utilities, including but not limited to water,
wastewater and electric.
k. Other such information that may be necessary to determine compliance with this chapter.
E. Compliance with land use permit.
1. The Zoning Enforcement Officer shall monitor the construction authorized by any land use
permit to ensure compliance with the conditions of the land use permit.

275:43

2. The ZEO may issue a stop work order for any construction project not in compliance with the
provisions of this chapter.
§ 275-47. Land use violations.
A. Complaints.
1. Complaints of alleged violations of this chapter of the Village Code may be reported to the
Zoning Enforcement Officer by any Village official or local resident.
2. Suspected violations of this chapter of the Village Code may be discovered by the ZEO.
3. The ZEO shall provide a report to the Board of Trustees on all alleged violations of this chapter
of the Village Code.
4. When determined that a violation is credibly alleged, the Zoning Enforcement Officer will seek
to inspect the subject premises to determine whether a violation actually exists.
a. The ZEO may only enter the premises for the purpose of inspection if the landowner gives
written consent.
b. If the landowner refuses consent to enter the premises, the Village Board of Trustees may
obtain a search warrant to inspect the premises.

B. Violations.
1. After inspecting the premises, if a violation is confirmed, the ZEO will notify the landowner or
violator of the violation by issuing an informal Notice of Apparent Violation to the landowner or
violator. The notice shall specify a time period for correcting of the violation.
2. If a violation is not corrected within the specified time period, the ZEO will issue a formal Notice
of Violation.
3. With approval of the Board of Trustees, upon issuance of a formal Notice of Violation, the ZEO
shall be authorized to take enforcement action to enjoin the violation.
4. Enforcement actions may include criminal or civil actions.
a. The Zoning Enforcement Officer may issue an appearance ticket in any criminal action
authorized by the Board of Trustees.
b. The ZEO may issue a cease-and-desist order to compel correction of a violation of this
chapter of the Village Code.
c. The Board of Trustees may seek an injunction to compel compliance with this chapter of the
Village Code.

ARTICLE XVII
Planning Board

275:44
§ 275-48. Creation; powers and duties; procedures.
A. There is hereby created a Planning Board, as provided for in Section § 7-718 of the New York State
Village Law, which shall consist of five members appointed by the Mayor subject to the approval of
the Board of Trustees.
1. The term of office shall be five years, and vacancies shall be filled for the unexpired term of the
member whose term has become vacant.
2. The Mayor, subject to the approval of the Board of Trustees, shall appoint a Chairperson from
its number.
3. The Planning Board shall elect a Secretary and prescribe rules for the conduct of its affairs.
4. The Planning Board shall consist of volunteers appointed to serve and to whom no
compensation is owed.
5. The Village board of Trustees shall have cause to remove any member of the Planning Board
who is absent for more than three (3) consecutive meetings subject to the requirement to hold
a public hearing concerning removal from the Planning Board.
B. Powers and duties. The Planning Board shall have all the powers and duties prescribed by New York
State Village Law and by this chapter, more particularly as follows:
1. Signs: To review applications for permit for any sign for which this chapter requires the
obtaining of such permit. Make recommendations for the granting or denial of sign permit to
the Board of Trustees.
2. Site Plans: To review the site development plan, as provided for in Village Law section § 7-725-a,
for any proposed use of a parcel of land for which this chapter requires site plan review.
3. Special use permits: To grant special use permits as provided for in Village Law section § 7-725-
b. The Planning Board shall conduct a public hearing on any application for special use permit.
4. Subdivision: To review and approve preliminary and final subdivision plats in accordance with
this chapter and as prescribed in Village Law section § 7-728.
5. Rules and Regulations: As provided in New York State Village Law section § 7-718.13, the
Planning Board may establish rules and regulations as follows:
a. With the approval of the Board of Trustees, the Planning Board shall establish rules and
regulations relating to specific sign standards, not inconsistent with this Chapter, including
but not limited to what is allowed regarding types of signs, locations of signs, maximum area
and dimensions of signs, materials for construction of signs and types of illumination for
signs.

275:45

b. With the approval of the Board of Trustees, the Planning Board shall establish rules and
procedures for submission and approval of subdivision plats. The Planning Board shall
provide a checklist of items to be included with an application for subdivision approval.
c. With the approval of the Board of Trustees, the Planning Board may establish additional
rules, procedures and/or informational requirements not listed in Article XI, Site Plan
Review, that it deems necessary to conducting site plan review.
d. With the approval of the Board of Trustees, the Planning Board may establish rules and
procedures for the submission of any additional informational requirements that it deems
necessary for the review of any permitted special use.
6. Report on referred matters. The Village Board of Trustees may seek input from the Planning
Board where their input would help the Village Board of Trustees make a more informed
decision. The Village Board of Trustees may by resolution provide for the referral of any matter
or class of matters to the Planning Board before final action is taken thereon by the Village
Board of Trustees or other office or officer of the Village having final authority. The Village
Board of Trustees may further stipulate that final action shall not be taken until the Planning
Board has submitted its report, or after the Planning Board has exceeded the time period set by
the Village Board of Trustees to submit its report.
C. Procedures: The Planning Board shall act in strict accordance with the procedures specified by
New York State Village Law and by this chapter.
ARTICLE XVIII
Board of Appeals

§ 275-49. Creation; powers and duties; procedures.
A. There is hereby created a Board of Appeals (ZBA), as provided for in Section § 7-712 of the New York
State Village Law, which shall consist of three members appointed by the Mayor subject to the
approval of the Board of Trustees.
1. The term of office shall be three years, and vacancies shall be filled for the unexpired term of
the member whose term has become vacant.
2. The Mayor, subject to approval by the Board of Trustees, shall appoint a Chairperson from its
number.
3. The Board of Appeals shall elect a Secretary and prescribe rules for the conduct of its affairs.
4. No person who is a member of the Village of Richfield Springs Planning Board shall be eligible for
membership on the Zoning Board of Appeals.
5. The Zoning Board of Appeals shall consist of volunteers appointed to serve and to whom no
compensation is owed.

275:46

B. Powers and duties. The Board of Appeals shall have all the powers and duties prescribed by New
York State Village Law and by this chapter, more particularly as follows:
1. Interpretation. Upon an appeal from a decision of an administrative official, to decide any
question involving the interpretation of any provision of this chapter, including the exact
location of any district boundary if there is uncertainty with respect thereto.
2. Variances. The Zoning Board of Appeals is hereby authorized to grant area and use variances in
accordance with provisions of Village Law § 7-712-b.
C. Procedures. The Board of Appeals shall act in strict accordance with the procedures specified by
New York State Village Law and by this chapter.
1. All appeals and applications made to the Board of Appeals shall be in writing, on forms available
at the Village Clerk’s office or on the Village website.
2. Every appeal or application shall refer to the specific provision of the chapter involved and shall
exactly set forth the interpretation that is claimed, or the details of the variance that is applied
for and the grounds on which it is claimed that the variance should be granted, as the case may
be. Every decision of the Board of Appeals shall contain a full record of the findings of the Board
of Appeals in the particular case.

ARTICLE XIX
Fees and Penalties

§ 275-50. Fees.
A. Fees for applications for land use permits, special use permits, subdivision approval and sign permits
shall be established by resolution of the Richfield Springs Board of Trustees. A list of required fees
may be obtained from the office of the Village Clerk.
B. Should an owner or authorized representative of an owner commence construction, moving, or
altering a building or use or part thereof prior to obtaining a land use permit as required by this
chapter, the fee for a land use permit shall be twice the amount for an application if such application
were made prior to commencing work. In addition to the increased fee, penalties for any offenses
shall be enforced.
C. Should an owner or authorized representative of an owner erect a sign prior to the issuance of a
permit when required by this chapter, the fee for a sign permit application shall be twice the
amount for an application if such application were made prior to erecting said sign. In addition to
the increased fee, penalties for any offenses shall be enforced.
§ 275-51. Penalties for offenses.
A. Criminal Penalties.

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1. For the purpose of conferring jurisdiction upon courts and judicial officers, violations of this
chapter shall be deemed misdemeanors and for such purpose only all provisions of law relating
to misdemeanors shall apply to such violations.
2. For the conviction of a first offense, any person violating the provisions of this chapter shall be
punished by a fine not exceeding $350 or imprisonment for a period not to exceed six months,
or both.
3. For a conviction of a second offense, both of which were committed within a period of five
years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period
not to exceed six months or both.
4. Upon conviction for a third or subsequent offense, all of which were committed within a period
of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for
a period not to exceed six months, or both.
5. Each week’s continued violation shall constitute a separate additional violation.
B. Civil Penalties and Injunctive Orders. Violators of this chapter of the Village Code shall be subject to
civil monetary penalties. For each day that a violation of this chapter continues, a fine of one
hundred ($100) dollars may be assessed. Appropriate civil action may be brought against the
violator to recover any assessed fines and/or to seek injunctive relief and court orders.
C. Any imposed fine that is not paid within thirty days or within a time period established by a court
shall be assessed as a lien against the debtor’s real property within the Village of Richfield Springs
and added to the current tax roll. Prior to assessing the lien, a notice shall be mailed by regular first-
class mail to the debtor’s last known address stating that unless fines are paid within fifteen days of
the notice date, the lien will be assessed against the debtor’s real property.

ARTICLE XX
Enforcement

§ 275-52. Enforcement
A. This Chapter shall be enforced by the Zoning Enforcement Officer.
B. Citizen Complaint – Any resident, property owner or other person of legitimate interest may file
with the Zoning Enforcement Officer a written and signed complaint against any alleged
violation of this Chapter. It shall be the duty of the Zoning Enforcement Officer to record such
complaint and investigate such alleged violation and to report thereon to the Village Board of
Trustees in a timely manner, which report shall be filed and be part of the public record of the
Village.

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C. Notification and Correction – Any building or use found to be in violation of this Chapter shall be
so recorded by the Zoning Enforcement Officer and official notice to this effect with an order to
remedy, if appropriate, shall be given to the owner and/or tenant, user or occupant thereof.
D. The Zoning Enforcement Officer has the authority to issue and to serve summons and
appearance tickets for violations of this Chapter.