A.
Purpose. Recognizing that certain types of uses may be customary,
desirable or necessary in various districts, but by their nature present
certain problems or difficulties, these uses are subject to additional
regulation and review in an effort to mitigate these problems or difficulties,
minimize the impact of these uses upon the district, and preserve
the character of the neighborhoods. These additional requirements
are intended to promote the public health, general safety, and neighborhood
character of the City of Cortland, New York.
B.
Applicability. This article is applicable to the uses both permitted and specially permitted, which are listed in Articles II, III, and IV of this chapter. Uses allowable by special permit must obtain Planning Commission approval via the special use permit process prior to operation. Uses permitted by right do not require Planning Commission approval, provided they meet all applicable requirements set forth in this chapter.
A.
An application for a special use permit shall be filed with the City
Clerk.
B.
The Planning Commission shall refer any application for a property
in the Historic Overlay District to the Historic Commission for site
plan review and recommendation.
C.
The Planning Commission shall publish, at least five calendar days
prior to the date of the public hearing, a notice of the application
and shall also send a copy of such notice to the applicant. Such notice
shall be sufficient to identify the property involved and the nature
of the proposed action.
D.
The Planning Commission may approve, approve with conditions, or
deny an application for a special use permit, but in any event shall
render its decision within 62 days after the hearing.
E.
A majority vote of the members of the Planning Commission shall be
necessary to decide in favor of the applicant for any special use
permit. In accordance with General Municipal Law § 239-m,
a concurring vote of a majority plus one (four) is necessary to override
a recommendation by the Cortland County Planning Commission or the
Historic Commission.
A.
Before granting a special use permit, the Planning Commission shall
make the following general findings:
(1)
The lot area is sufficient, appropriate and adequate for the
use;
(2)
The proposed use will not prevent the orderly and reasonable
use of adjacent properties;
(3)
The site is particularly suitable for the location of the proposed
use in the community;
(4)
The access facilities are adequate for the estimated traffic
from public streets or highways, so as to ensure the public safety
and to avoid traffic congestion, and further that vehicular entrances
and exits shall be clearly visible from the street and not be within
125 feet of the intersection of street lines at a street or highway
intersection except under unusual circumstances;
(5)
There are an adequate number of off-street parking spaces provided
for the anticipated use and the layout of the spaces and driveways
is convenient and conducive to safe operation;
A.
Adult entertainment businesses. All adult use and entertainment establishments within the City shall be in accordance with Chapter 60, Adult Entertainment Businesses, of the Official Code of the City of Cortland, New York.
B.
Ancillary parking areas.
(1)
The parking area must be in the same ownership as the lot being
served and a covenant to run with the land must be established for
as long as the principal use exists for which the ancillary parking
area is provided. If the lot is to serve as a shared parking area,
a shared parking agreement must be established with a covenant running
with the land for as long as the principal use(s) exist.
(2)
There shall be no sales, storage, repair work, dismantling or
servicing of vehicles of any kind on the parking lot.
(3)
The entire site area that is traveled by motor vehicles shall
be hard surfaced (i.e., asphalt, concrete, or any other surface that
does not release dust or debris).
(4)
There shall be a minimum ten-foot buffer strip along all contiguous property lines, landscaped in accordance with Article IX.
(5)
Lighting facilities shall be arranged and shielded so that no
light will fall on the adjoining property and shall be confined within
the boundaries of the parking area.
C.
Bed-and-breakfasts. In order to protect the residential character
of the district in which it is located, a bed-and-breakfast facility
shall be limited by the following criteria:
(1)
A bed-and-breakfast shall only be permitted as a special use
in a single-family, detached dwelling.
(2)
The residential character of the dwelling shall be preserved
and no structural alterations, construction features, or site features
of a nonresidential nature shall be incorporated. No accessory buildings
shall be used for bed-and-breakfast activities.
(3)
The owner/operator of the bed-and-breakfast shall live full-time
on the premises.
(4)
No more than two nonresidents of the premises shall be engaged
as employees of the operation.
(5)
A bed-and-breakfast shall have a maximum of three guest rooms
with no more than two guest rooms sharing a single bath.
(6)
The maximum length of stay for any guest is 14 consecutive days.
(7)
Parking shall not be located in the front yard. The Planning
Commission shall approve the location and screening of all required
parking spaces.
D.
Car washes. Car washes shall be allowed provided they comply with
the following regulations:
(1)
All washing facilities shall be contained within an enclosed
building.
(2)
Vacuuming facilities may be outside of the building but shall
not interfere with the free flow of traffic on or off the site.
(3)
The entire site area that is traveled by motor vehicles shall
be hard surfaced (i.e., asphalt, concrete, or any other surface that
does not release dust or debris).
(4)
In no case shall the perimeter landscaping be less than 10 feet
in width along the street frontage(s).
(5)
A solid masonry wall, fencing, landscaping or any combination thereof shall screen all lot lines abutting or adjacent to residential districts or uses. Said screening shall not be less than four feet, but no more than six feet in height and in accordance with Article IX of this chapter.
(6)
Where fuel stations are either a principal use with or an accessory
use to the car wash, a separate special use permit shall be required.
(7)
In the event a car wash is abandoned, the owner shall immediately
remove any outdoor vacuums and all signs. The owner shall also provide
adequate protection against unlawful entry into the building and onto
the property and shall close all vehicular entrances to the property.
A car wash shall be considered abandoned if it is inactive for a period
of 12 consecutive months.
E.
Drive-through facilities. Drive-through facilities may be allowed
as stand-alone facilities or as an accessory use to restaurants, pharmacies,
banks, and other permitted or specially permitted uses provided such
facilities comply with the following regulations:
(1)
No stand-alone drive-through facility shall be permitted in
the Central Business District. A drive-through facility may be permitted
in the rear of a building as an accessory use with issuance of a special
permit.
(2)
Each drive-through facility and its associated use shall provide
ingress and egress so as to minimize traffic congestion.
(3)
Drive-through facilities, including any protective canopies,
signage, drive-through travel lanes, or other associated elements,
shall meet the setback requirements for the property.
(4)
Drive-through facilities with an amplified audio/visual system
shall be setback a minimum of 30 feet from the property line. These
facilities shall not be located adjacent to residential uses or districts.
(5)
Stacking space for these facilities shall not impede on- or
off-site traffic movements. The stacking space shall be delineated
from other internal areas through the use of pavement markings that
are identifiable during all seasons. The minimum numbers of stacking
or queuing spaces required by drive-through activity type are provided
below.
|
Activity Type
|
Minimum Spaces
|
Measured From
|
|---|---|---|
|
Automated teller machine
|
2
|
Teller or window
|
|
Bank teller lane
|
4
|
Teller or window
|
|
Car wash stall
|
3
|
Entrance
|
|
Fuel pump island
|
2
|
Pump island
|
|
Pharmacy
|
4
|
Order box
|
|
Restaurant, drive-through lane
|
6
|
Order box
|
|
Vehicular service bay
|
3
|
Per bay
|
|
Other
|
Determined by Planning Commission
| |
F.
Fuel stations. Fuel stations shall comply with the following regulations:
(1)
In addition to the information required for site plan review,
the plan shall also indicate the location, number, capacity, and type
of fuel storage tanks, the number of pumps to be installed, and the
depth to the tanks.
(2)
No fuel pumps shall be located within 25 feet of any property
line or designated street line.
(3)
No fuel station shall be located on the same side of the street
within 500 feet of another fuel station.
(4)
No fuel service station or automobile repair shop shall have
an entrance or exit for vehicles within 200 feet, as measured along
the public street, in which there exists a school, public playground,
church, chapel, convent, hospital or public library, and such access
shall be not closer to any intersection than 125 feet.
(5)
Fuel stations may include retail sales of food, convenience
items, and minor automotive supplies or liquids provided that the
sales of such items are within an enclosed structure and are an accessory
use. Sales areas outside of the primary structure may be displayed
on the pump islands or the building island only.
(6)
Fuel stations shall be under the control of an attendant at
all times during the hours of operation.
(7)
All oil drainage pits and hydraulic lifts shall be located within
an enclosed structure and shall be located no closer than 50 feet
to any property line.
G.
Home occupations.
(1)
No persons other than residents of the dwelling may be employed
by the home occupation. Additional individuals may be employed by
or associated with the home occupation in so far as they do not report
to work at the home occupation site.
(2)
No objectionable noise, obnoxious odors, vibrations, glare,
smoke, fumes, dust or other particulate matter, heat, humidity or
electrical or electronic interference detectable outside the structure
may emanate from the property.
(3)
The operation of a home occupation shall in no way change or
alter the residential appearance or character of the premise or neighborhood
in which it is located. Any modifications to the interior or exterior
of the residence shall be in compliance with the New York State Uniform
Code.
(4)
There shall be no exterior display or storage of materials,
goods, supplies, or equipment related to the operation of the home
occupation. Any area used internally for the storage of goods must
be included in the calculation of habitable space.
(5)
No toxic, explosive, flammable, combustible, corrosive, or radioactive
materials may be used or stored on the site.
(6)
Prohibited home occupations include those that would generate
adverse impacts to or are incompatible with the existing character
of a residential neighborhood. These uses include, but are not limited
to, the following: ambulance services, animal care services, motorized
vehicle sales or repair, appearance enhancement services, real estate
offices, restaurants and the retail sale of goods.
H.
Multifamily dwellings, new construction. Development applications
for newly constructed multifamily dwelling units shall be subject
to the following special use requirements:
(1)
All dwelling units and structures shall comply with the standards
set forth in the New York State Uniform Code. Said standards shall
take precedence to this chapter should there be a conflict.
(2)
There may not be less than two and not more than eight units
in a single- or two-family attached dwelling group. The maximum length
of attached structures shall not exceed 150 feet.
(3)
Building setbacks.
(a)
The minimum side and rear setbacks for any multifamily development
within a commercial district shall be 30 feet.
(b)
There shall be at least 30 feet between the front or rear of
a building and the front or rear of an adjacent building.
(c)
There shall be at least 30 feet between the side of a building
and the side, front or rear of an adjacent building.
(4)
Distance between buildings and driveways.
(a)
No driveway or parking lot should be closer than 25 feet to
the front of any building or 10 feet to the side or rear of any building.
(b)
In the case of an enclosed garage or carport provided as a portion
to the main structure, distance requirements for driveways providing
access to these accommodations shall not apply.
(5)
Buildings shall not have large or long continuous wall or roof
planes. Varied roof heights, projecting bays, gables, recesses, porches,
and other architectural design elements shall be used to visually
divide larger buildings. To prevent an out-of-scale, monolithic appearance,
larger buildings shall be visually divided into smaller sections no
longer than 50 feet in length by gaps, recesses, or other architectural
devices in such a way that adjacent buildings and facades define a
continuous street wall and pedestrian-friendly streetscape.
(6)
Multifamily buildings shall be laid out so that multiple entrances
face the street. Each entrance shall be connected by sidewalk to the
City's public sidewalk system. Garage entrance/exit doors are prohibited
on the front facade of buildings.
(7)
Accessory structures, such as clubhouses, pools, pool buildings,
storage buildings, and trash enclosures, shall be located in a manner
that does not disturb or encroach upon the streetscape (pedestrian
walkways, roadways, etc.).
(8)
Parking areas may be located in any yard other than the front
yard, but no closer than 20 feet from any property line, and shall
comply with all other regulations of the district in which the use
is located.
(9)
Each multifamily dwelling development shall provide a recreation
area(s) at a standard of 500 square feet for the first 10 units and
an additional 100 square feet for each additional five units or fraction
of five thereafter. No such recreation area shall contain less than
5,000 square feet. Each such recreation area shall be developed with
both passive and active recreation facilities, including the installation
of appropriate playground or leisure equipment where applicable.
I.
Multifamily dwellings, by conversion. The conversion of an existing
single-family residential building to a multifamily dwelling shall
be required to comply with the following regulations:
(1)
All dwelling units and structures resulting from conversion
shall comply with the standards set forth in the New York State Uniform
Code. Said standards shall take precedence to this chapter should
there be a conflict.
(2)
No dwelling unit conversion shall be permitted in a structure
with less than 2,500 square feet of gross floor area.
(3)
No dwelling unit conversion shall be permitted which results
in more than four bedrooms. Each dwelling unit shall meet the minimum
habitable floor area required below.
|
Number of Bedrooms
|
Minimum Unit Size
(square feet)
|
|---|---|
|
0 to 1
|
650
|
|
2
|
800
|
|
3
|
950
|
|
4
|
1,100
|
(4)
Any alterations made to the exterior of the building due to
the unit conversion shall be completed in such a way to preserve the
single-family residential character of said building.
(5)
No dwelling unit conversion shall be permitted unless the dwelling,
following such conversion, complies with all off-street parking and
loading regulations required by this chapter.
J.
Outdoor sales and display. The following requirements shall apply
to all commercial operations regardless of the district in which they
are located.
(1)
The display area shall not exceed 15% of the gross floor area
of the primary structure.
(2)
The display area shall not block automotive traffic, private
sidewalks, fire lanes, or other travel lanes.
(3)
Such displays shall be allowed adjacent to a principal building
wall and extending to a distance no greater than five feet from the
wall.
(4)
Such displays shall not be permitted to block windows, entrances
or exits and shall not impair the ability of pedestrians to use the
building.
(5)
The items for display are labeled for sale and said area shall
not be used for storage purposes.
(6)
Personal garage, lawn, yard, or rummage sales shall be allowed
without zoning permits provided that no more than two such sales are
held on a single property in any twelve-month period for a maximum
duration of no more than seven days, with a minimum of seven days
between the ending of a sale and the beginning of a new sale. At the
end of a sale, all items that are for sale shall be moved so as not
to be visible from the public right-of-way.
K.
Outdoor storage. The following requirements shall apply to all nonresidential
uses within the City of Cortland.
(1)
Central Business District (CBD), Neighborhood Business (NB)
District, Professional Office (PO) District, and General Business
2 (GB-2) District.
(a)
Outdoor storage shall not be allowed in the front yard;
(b)
Outdoor storage shall not occupy more than 15% of the entire
lot area;
(c)
All outdoor storage shall be fully screened to ensure the area
is not visible from the public right-of-way or adjacent residential
districts or uses;
(d)
Screening shall be of sufficient height and density to completely
hide storage from public view, including from streets and other public
accessways; and
(e)
All screening shall be maintained in such a manner as to present
a neat and orderly appearance at all times.
(2)
General Business 1 (GB-1) District.
(a)
Outdoor storage shall not be allowed in the front yard setback;
(b)
All outdoor storage shall be fully screened to ensure the area
is not visible from the public right-of-way or adjacent residential
districts or uses;
(c)
Screening shall be of sufficient height and density to completely
hide storage from public view, including from streets and other public
accessways; and
(d)
All screening shall be maintained in such a manner as to present
a neat and orderly appearance at all times.
L.
Public utilities. Public utility installations shall comply with
the following:
(1)
Such facility shall not be located on a residential street unless
no other site is available and shall be so located as to draw a minimum
of vehicular traffic to and through such streets. Additionally, the
location, design, and operation of such facility shall not adversely
affect the character of the surrounding residential area;
(2)
Such facility shall be surrounded by a fence approved by the
Planning Commission;
(3)
Such facility shall be landscaped in a manner approved by the
Planning Commission;
(4)
To the extent practicable, equipment shall be stored so as not
to be visible from surrounding properties; and
(5)
Any additional requirements determined to be necessary by the
Planning Commission through site plan review in order to protect the
public's health, safety, and welfare of the public.
M.
Solar photovoltaic systems. It is the purpose of this regulation
to promote the safe, effective and efficient use of installed solar
energy systems that reduce consumption of utility delivered energy
while protecting the health, safety and welfare of adjacent and surrounding
land uses and properties. No solar energy system or device shall be
installed or operated in the City of Cortland except in compliance
with the following:
(1)
These regulations apply to all building-mounted systems installed
and constructed after the effective date of this chapter.
(2)
All building-mounted systems are permitted in all zoning districts
as an accessory use only to any lawfully permitted principal use on
the same property upon issuance of the proper permits and upon compliance
with all requirements of this section and as elsewhere specified in
this chapter.
(3)
Ground-mounted solar photovoltaic systems are prohibited.
(4)
Before any construction or installation on any solar PV system
shall commence, a building permit issued by the City of Cortland shall
be obtained to document compliance with this chapter.
(5)
Solar PV systems constructed prior to the effective date of
this chapter are not required to meet requirements of this chapter.
(6)
Any upgrade, modification or structural change that alters the
size or placement of an existing solar PV system by 50% or more, or
that triggers New York State Code compliance, shall comply with the
provisions of this chapter.
(7)
Building-integrated Solar Energy Systems: Building-integrated
systems, as defined by this chapter, are not considered an accessory
use and are not subject to the requirements of this article, but are
subject to all other applicable building, electrical, and safety codes.
(8)
The solar PV system must be constructed to comply with the New
York State Building and Electrical Code, as amended, and any additional
electrical and safety regulations adopted by the State of New York.
(9)
All systems must be installed by a qualified solar installer
as defined by this chapter.
(10)
All wiring must comply with the National Electrical Code, most
recent edition, as amended and adopted by the State of New York.
(11)
The solar PV system must be constructed to comply with the most
recent fire code as amended and adopted by the State of New York.
(12)
Panels installed on principal or accessory structures must be
mounted at the same angle as the roof's surface with a maximum distance,
measured perpendicular to the roof, of 18 inches between the roof
and edge or surface of the system.
(13)
For a building-mounted system installed on a sloped roof, the
highest point of the system shall not exceed the highest point of
the roof to which it is attached.
(14)
For a building-mounted system installed on a flat roof, the
highest point of the system shall be permitted to extend up to four
feet above the roof to which it is attached.
(15)
No element of the system shall reflect glare (as defined by
the FAA) onto a neighboring property, public right-of-way, or aircraft
flight path.
(16)
Building-mounted systems (not including conduit) in the Historic
and Architectural Design District shall not be visible from the public
right-of-way within a 200-foot radius of the property, at a level
of five feet from the ground in a similar manner as to any other rooftop
HVAC or mechanical equipment. This can be accomplished with architectural
screening such as a building parapet or by setting the system back
from the roof edge in such a manner that the solar PV system is not
visible from the public right-of-way within a 200-foot radius when
measured at a distance of six feet from the ground.
(17)
If a building-mounted system is to be installed on any building
or structure that is nonconforming because its height violates the
height restrictions of the zoning district in which it is located,
the building-mounted system shall be permitted, so long as the building-mounted
system does not increase the degree of nonconformity.
(18)
If a building-mounted system is to be installed on a building
or structure on a nonconforming property that does not meet the minimum
setbacks required and/or exceeds the lot coverage limits for the zoning
district in which it is located, a building-mounted system shall be
permitted, so long as there is no expansion of any setback or lot
coverage nonconformity and so long as it complies with the other provisions
of this chapter.
(19)
No signage or graphic content may be displayed on the solar
PV system except the manufacturer's badge, safety information and
equipment specification information. Said information shall be depicted
within an area no more than 36 square inches in size.
(20)
Disconnect and other emergency shutoff information will be clearly
displayed on a light-reflective surface.
(21)
Twenty-four-hour emergency contact information will be clearly
displayed.
(22)
Systems and sites may not be used for displaying advertising
except for reasonable identification of the owner/operator and shall
comply with all signage restrictions.
(23)
The City of Cortland reserves the right to inspect a solar PV
system for building or fire code compliance and safety with twenty-four-hour
notification to the property owner and/or owner-operator of the system.
(24)
The solar energy system shall be removed, at the owner's, within
180 days of determination by the designated municipal representative
that the system is no longer being maintained in an operable state
of good repair or no longer supplying solar power. Such an order shall
be in writing, shall offer the option to rectify, and shall notify
the owner of their right to appeal such determination.
(a)
Removal shall include solar collectors, cabling, electrical
components, accessory structures, and any associated facilities below
grade.
(b)
Disturbed earth shall be graded and reseeded, unless the designated
municipal representative approves a written request by the property
owner that internal roads or other site improvements are not to be
restored.
(25)
If upon inspection the City of Cortland determines that a fire
code or building code violation exists, or that the system otherwise
poses a safety hazard to persons or property, the City of Cortland
may order the owner to repair or remove the system within a reasonable
time as determined by the Code Enforcement Officer. Such an order
shall be in writing, shall offer the option to repair, shall specify
the code violation or safety hazard found and shall notify the owner
of their right to appeal such determination.
(26)
If an owner fails to repair or remove a solar PV system as ordered,
and any appeal rights have been exhausted, the City of Cortland may
enter the property, remove the system and charge the owner for all
costs and expenses of removal, including reasonable attorney's fees
or pursue other legal action to have the system removed at the owner's
expense.
(27)
In addition to any other available remedies, any unpaid costs
resulting from the removal of a vacated abandoned or decommissioned
solar PV system shall constitute a lien upon the real property against
which the costs were charged. Legal counsel of the City of Cortland
shall institute appropriate action for the recovery of such cost,
plus attorney's fees, including, but not limited to, filing of municipal
claims pursuant to for the cost of such work, 6% interest per annum,
plus a penalty of 5% of the amount due plus attorney's fees and costs
incurred by the City of Cortland in connection with the removal work
and the filing of the claim.
N.
Temporary storage units. The following regulation is intended to
ensure enclosed temporary storage units do not negatively impact the
residential character of the neighborhoods in which they are placed.
Temporary storage units do not require a special use permit provided
the following conditions are met:
(1)
Units shall only be placed in the driveway or, if access exists,
at the side or rear of the lot. The unit may not be placed in the
front yard.
(2)
Units may not be placed on lots with no principal building or
residential unit.
(3)
Units shall be set back at least five feet from any lot line
and five feet from any structure.
(5)
Only one enclosed temporary storage unit may be placed upon
any residential lot at one time.
(6)
Units shall not have a footprint exceeding 130 square feet or
a height of more than eight feet.
(7)
The enclosed temporary storage unit shall be located at such
address for a maximum of 30 consecutive days, including the days of
delivery and removal.
(8)
The enclosed temporary storage unit shall be maintained in good
condition, free from evidence of deterioration, weathering, discoloration,
graffiti, rust, ripping, tearing, or other holes or breaks at all
times.
(9)
Solid waste, construction debris, demolition debris, recyclable
materials, business inventory, commercial goods, goods for property
other than that at the residential property where the enclosed temporary
storage unit is located or any other illegal or hazardous material
or use is prohibited. This does not include the use of a dumpster
for ongoing construction activities.
(10)
Upon twenty-four-hour notice, the Zoning Enforcement Officer
may inspect the contents of any enclosed temporary storage unit at
any reasonable time to ensure that it is not being used in a manner
prohibited by this section.
O.
Vehicle sales. Vehicular sales uses shall comply with the following:
(1)
The sales area shall be paved, suitably graded and drained,
and maintained in a neat and orderly manner.
(2)
Exterior illumination shall be provided that meets the minimum
determined by the Planning Commission as necessary to provide adequate
security of the premises.
(3)
Sufficient screening shall be provided along all lot lines abutting
or adjacent to residentially zoned or developed property to block
any view of operations from all points on such residential property
when viewed from ground level.
(4)
No repairs other than minor repairs shall be performed on the
premises. All maintenance, service, and repairs of motor vehicles
shall be performed within an enclosed structure. No motor vehicle
parts or partially dismantled motor vehicles shall be stored outside
of an enclosed structure or screened area. If desired, a vehicular
service special use permit must be obtained separately.
(5)
No vehicles shall be displayed for sale within 10 feet of any
property line that abuts a nonresidential district. No vehicles shall
be displayed for sale within 30 feet of any property line that abuts
a residential district.
(6)
Perimeter landscaping shall be a minimum of 10 feet in width
along the street frontage(s).
(7)
The retail sales of fuel shall require a separate special use
permit.
P.
Vehicle service stations. Vehicular service stations, motor vehicle
repair shops, and service stations shall comply with the following:
(1)
No motor vehicle sales or storage shall be allowed, unless a
separate special use permit application for such use is approved by
the Planning Commission.
(2)
Any such use shall be buffered from adjacent uses by no less than 10 feet. The buffer area shall be in conformance with Article IX in order to prevent the unwanted transmission of headlight glare across the property line.
(3)
The entire site area that is traveled by motor vehicles shall
be hard surfaced (i.e., asphalt, concrete, or any other surface that
does not release dust or debris).
(4)
Perimeter landscaping along the street frontage(s) shall not
be less than 10 feet in width.
(5)
Sufficient screening shall be provided along all lot lines abutting
or adjacent to residentially zoned or developed property to block
any view of operations from all points on such residential property
when viewed from ground level.
(6)
No outdoor storage of materials, merchandise and equipment shall
be permitted during nonbusiness hours.
(7)
Vehicle repair garages shall not be used for the storage, sale,
rental or display of automobiles, trucks, trailers, mobile homes,
boats, snowmobiles or other vehicles.
(8)
All maintenance, service, and repairs of motor vehicles shall
be performed fully within an enclosed structure. No motor vehicle
parts, partially dismantled motor vehicles, or unlicensed motor vehicles
shall be stored outside of an enclosed structure for more than 48
hours.
(9)
A spill prevention plan shall be provided.
A.
In any case where a special use permit has not been exercised within
the time limit set by the Planning Commission, or within one year
if no special time limit has been set, then without further action
the special use permit shall be null and void. "Exercised" as set
forth in this section shall mean that the principal building is under
construction to a substantial degree or that prerequisite conditions
involving substantial investment are contracted for, in substantial
development, or completed. When construction is not part of the use,
"exercised" shall mean that the use is in operation in compliance
with the conditions set forth in the special use permit.
A.
In any instance where the conditions of a special use permit have
not been or are not being complied with, the Zoning Enforcement Officer
shall immediately issue a stop order to the applicant, which shall
list the violations. If the applicant shall not have made substantial
effort to comply with the stop order within 10 calendar days, the
special use permit shall be revoked.
