A.
Purpose. The purpose of the A/R - Agricultural/Residential
District is to protect agricultural lands and uses from incompatible
uses and development; to maintain an open rural character of the community;
to assure compatible types and densities of rural development; to
provide for low density, rural development on lands where public sewers
and water service do not exist and are not envisioned in the near
future; and to protect the natural environment.
C.
Permitted accessory uses:
(1)
Home occupations, subject to the following requirements:
(b)
The business shall be owned and operated by
the occupant of the residential structure.
(c)
A total of at least four parking spaces shall be provided. Such parking shall be provided off the street and other than in a required front yard, and shall comply with the requirements of § 103-33.
(d)
No more than one person other than a member
of the immediate family occupying such dwelling shall be employed
as part of the home occupation or home professional occupation.
(e)
A home occupation or home professional occupation
must be conducted within a dwelling which is bona fide residence of
the principal practitioner or in no more than one accessory building
thereto which is normally associated with a residential use. Such
home occupations may occupy either up to 30% of the gross floor area
of the residence to be used for the conduct of the home occupation
or up to 40% of the floor area of an accessory structure but not both.
(f)
In no way shall the appearance of the structure
be altered or the occupation within the residence be conducted in
a manner which would cause the premises to differ from its residential
character either by the use of colors, materials, construction, lighting,
signs, or the emission of sounds, noises or vibrations.
(g)
No outdoor display of goods or outside storage
of equipment or materials used in the home occupation or profession
shall be permitted.
(i)
No use shall create noise, dust, vibration,
smell, smoke, glare, electrical interference, fire hazard, or any
other hazard or nuisance to any greater or more frequent extent than
that usually experienced in an average residential occupancy in the
district in question under normal circumstances wherein no home occupation
exists.
(j)
Only one commercial-type vehicle may be used
in connection with the home occupation.
(k)
Not more than one home occupation or profession
shall be permitted for each residential property.
(2)
In relationship to any private detached garage(s)
or carport(s) for the parking of automobiles or storage of personal
property, the total square footage of building(s) shall be allowed
to be up to 5% of the total square footage of the parcel. The front,
rear and side setback requirements must be complied with.
[Amended 10-28-2002; 5-10-2004 by L.L. No. 5-2004; 10-27-2014 by L.L. No. 1-2014]
(3)
Customary accessory structures serving residential
uses including but not limited to private swimming pools, storage
buildings, greenhouses, pet shelters and fireplaces.
(4)
Customary farm accessory buildings for the storage
of products or equipment all subject to the provisions of this chapter.
(5)
The keeping, breeding, and raising of farm animals
in association with a residential use, subject to the following restrictions:
(6)
Off-street parking, fencing and signs in accordance
with the provisions of this chapter.
(7)
Farm markets, subject to the following restrictions:
(a)
Such structures shall not exceed 2,000 square
feet of floor area.
(b)
Not more than 1/3 of the total floor area shall
be for the display and sale of products grown off the premises.
(c)
Such structures shall conform to the minimum
setback requirements for accessory buildings in this district as specified
in the schedule.
(d)
Sufficient land area shall be provided to accommodate
off-street parking for not less than three vehicles on site.
(8)
Roadside stands, subject to the following requirements:
(a)
The stand shall be set back not less than 20
feet from the edge of the pavement or road surface.
(b)
Sufficient land area shall be provided to accommodate off-street parking for not less than three vehicles on site. Such parking area shall comply with the requirements of § 103-33.
(c)
Such stands (including signs associated with
such uses) shall be removed and appropriately stored within 10 days
of the end of the harvest season.
(9)
Other accessory uses not specified herein may be approved,
provided that the Zoning Board of Appeals renders an interpretation
indicating that such uses are clearly accessory to the permitted principal
use and consistent with the purpose and intent of the zone district
and this chapter.
(10)
It shall be a violation to use tractor trailers,
semitrailers, mobile homes, trucks with van bodies, van bodies and
similar vehicles for animal shelters or storage of any kind. A special
permit may be applied for from the Code Enforcement Officer to allow
use of this type of vehicle as temporary storage or office space at
construction projects until said project is substantially completed
or for a maximum of 12 months, whichever comes first.
[Added 12-9-2002]
D.
Uses requiring a special use permit issued by the Planning Board (subject to special use permit regulations, Article VII):
(1)
Private or commercial airport or airstrip.
(2)
Bed-and-breakfast establishment.
(3)
Campgrounds.
(4)
Cluster residential development.
(5)
Essential services and utilities.
(6)
Home business.
(7)
Kennel or animal hospital.
(8)
Mobile/manufactured home park.
(9)
Public and semipublic use.
(10)
Stables or riding academy.
A.
Purpose. The purpose of the R-1 - Residential District
is to provide a stable environment for rural residential development,
free from incompatible uses.
B.
Permitted uses:
(1)
One-family dwellings.
(2)
Two-family dwellings.
(3)
Agriculture (farming) as defined herein, subject to
the following requirements:
(a)
No farm animals shall be housed or pastured
and no farm building shall be erected on any plot of less than 10
acres, unless the farm operator owns or controls the adjoining lot
and the aggregate size of all such adjoining lots is no less than
10 acres.
(b)
No structure housing such animals, nor fencing
to enclose such animals, nor any animal waste storage facility, shall
be located closer than 50 feet to any property line.
C.
Permitted accessory uses:
(1)
Home occupations, subject to the requirements in § 103-24C(1).
(2)
One private detached garage or carport with a maximum
of 800 square feet for the parking of automobiles or storage of property
belonging to residents on the premises. Increased footage of the building
will be allowed by calculating the rate of 5% of the square feet of
the lot size up to a maximum of 3,000 square feet. If the applicant’s
lot size allows and the house is set back at least 275 feet from the
highway right-of-way, then the accessory building may be located forward
of the front building line by a distance of the accessory building’s
length or width and must be located to the side and not directly in
front of the house. The side setback of 15 feet must be complied with.
[Amended 10-28-2002; 5-10-2004 by L.L. No. 5-2004]
(3)
Customary accessory structures serving residential
uses including but not limited to private swimming pools, storage
buildings, greenhouses, pet shelters and fireplaces, all subject to
the following provisions:
(a)
No more than two detached accessory buildings,
excluding private garages, may be located on any one parcel of land
in a residential district. Detached accessory buildings with less
than 50 square feet of floor area shall not be included in determining
the number of accessory buildings on a property.
(b)
The total area of all detached accessory buildings
on any one parcel of land in a residential district, including buildings
with less than 50 square feet of floor area, shall not exceed 200
square feet in area. The area of detached private garages shall not,
however, be included in determining total square footage of detached
accessory buildings.
(c)
Detached accessory buildings shall be located
in the rear yard and subject to the setback requirements of the schedule.[1]
[1]
Editor's Note: The Zoning Schedule is included at the end of this chapter.
(4)
Customary farm accessory buildings for the storage
of products or equipment all subject to the provisions of this chapter.
(5)
The keeping, breeding, and raising of farm animals
in association with a residential use, subject to the following restrictions:
(6)
Off-street parking, fencing and signs in accordance
with the provisions of this chapter.
(7)
Other accessory uses not specified herein, may be
approved, provided that the Zoning Board of Appeals renders an interpretation
indicating that such uses are clearly accessory to the permitted principal
use and consistent with the purpose and intent of the zone district
and this chapter.
(8)
It shall be a violation to use tractor trailers, semitrailers,
mobile homes, trucks with van bodies, van bodies and similar vehicles
for animal shelters or storage of any kind. A special permit may be
applied for from the Code Enforcement Officer to allow use of this
type of vehicle as temporary storage or office space at construction
projects until said project is substantially completed or for a maximum
of 12 months, whichever comes first.
[Added 12-9-2002]
A.
Purpose. The purposes of the General Business District
is to provide for business establishments serving the needs of area
residents, especially retail and service businesses. Permitted uses
are intended to create a business district free from conflicting land
uses.
B.
Permitted uses:
(1)
Agriculture (farming) as defined herein.
(2)
Single-family dwellings constructed before January
1, 1997.
(3)
Retail business establishments which are clearly of
a neighborhood service character such as, but not limited to, the
following:
(a)
Stores selling groceries, meats, baked goods,
and other such food items.
(b)
Drugstores and variety stores.
(c)
Stationery, tobacco and newspaper stores and
confectionery stores.
(d)
Clothing, variety and general merchandise stores.
(e)
Hardware, appliance, radio and television sales
and service.
(4)
Personal service establishments which shall include
but not be limited to, the following:
(5)
Restaurants and taverns.
(6)
Assembly halls and theaters, excluding drive-in theaters.
(7)
Newspaper printing, including incidental job printing.
Such operations shall be limited to having not more than 15 full-time
persons engaged therein at any one time and using not more than 30
horsepower in electric motor power.
(8)
Funeral parlors.
(9)
Custom shops, including but not limited to printing,
electrical, heating, plumbing, or woodworking.
(10)
Building supply and farm equipment stores.
(11)
Electrical, heating, plumbing or woodworking
shops.
(12)
Wholesale establishments provided that all sales
activities are conducted in a completely enclosed building.
(13)
Recreation or amusement enterprises, except
for activities that involve the racing of motorized vehicles or the
use of firearms.
(14)
Commercial greenhouse or nursery.
(15)
Assembling, converting, altering, finishing,
cleaning, or any other processing of products, provided that:
(a)
Goods so produced or processed are to be sold
at retail, exclusively on the premises;
(b)
Space used for such purposes shall not occupy
more than 20% of the area devoted to retail sales, shall be clearly
incidental to such retail use and shall be fully concealed from any
street;
(c)
Not more than two persons shall be engaged in
such production/processing at any one time.
(16)
Public markets.
(17)
Machine tool sales, rental or service.
(18)
Commercial storage buildings providing space
for rent.
(19)
Public and semipublic building and grounds.
(20)
Veterinary animal clinics or offices with interior
operations only.
(21)
Hotels and motels.
(22)
Other business uses which, in the opinion of
the Zoning Board of Appeals, are similar in nature and scale to those
permitted above.
(23)
Large-scale retail establishments and shopping
centers, in excess of 50,000 square feet.
[Added 4-11-2005 by L.L. No. 1-2005]
C.
Permitted accessory uses:
(1)
Private garages and storage buildings which are necessary
to store any vehicles, equipment or materials on the premises and
which are used in conjunction with a permitted business use.
(2)
Off-street parking, loading and unloading facilities,
signs, fences and landscaping subject to the provisions of this chapter.
(3)
Restaurants, cafeterias, swimming pools, newsstands,
pharmacies, barber shops, hairdressers, gift shops, and other personal
service shops for the convenience of guests may be permitted as accessory
uses to hotels or motels. With the exception of an identifying sign
for the restaurant, no external evidence of such internal commercial
activities is permitted.
(4)
Other business uses which, in the opinion of the Zoning
Board of Appeals, are similar in nature and scale to those permitted
above.
D.
Uses requiring a special use permit issued by the Planning Board (subject to special use permit regulations, Article VII):
(1)
Bed-and-breakfast establishments.
(2)
Drive-in business.
(3)
Motor vehicle service station or auto repair shop.
(4)
Essential services and utilities.
(5)
Motor vehicle sales.
(6)
Animal hospital or kennel (with outdoor runs or other
facilities).
(7)
Multiple-family dwelling or development.
(8)
Motor vehicle service stations, including convenience
store facilities, on the same parcel as large-scale retail developments
or shopping centers.
[Added 4-11-2005 by L.L. No. 1-2005]
E.
Other provisions and requirements.
(1)
Buffer strip. Commercial structures shall provide
a natural buffer strip to be perpetually maintained so as to provide
visual screening and separation between commercial and residential
uses.
(2)
Refuse containers. Commercial structures shall provide
a commercial type refuse container on site. Such containers shall
be placed on concrete or stone areas and visually screened, and shall
provide rodent control.
(3)
Residential lot line. No commercial structure shall
be permitted within 50 feet of the nearest lot line of any residential
district.
A.
Purpose. The purpose of the Light Industrial District
is to provide for light manufacturing, assembly and storage-type facilities.
B.
Permitted uses:
(1)
Agriculture.
(2)
Scientific research or experimental development of
materials, methods or products including engineering and laboratory
research.
(3)
Administrative, educational and other related activities
and facilities in conjunction with a permitted use.
(4)
Manufacture or assembly of electric, electronic or
optical instruments or devices.
(5)
Manufacturing, assembling, fabricating or packaging
of products from previously prepared materials such as cloth, plastic,
paper, leather, precious or semiprecious metals or stone.
(6)
Manufacturing of food products, pharmaceuticals and
the like but not including the production of fish, meat or dairy products,
or fermented foods such as sauerkraut, vinegar, or the like, or the
rendering of fats and oils.
(7)
Precision uses which, in the opinion of the Zoning
Board of Appeals, are similar in nature and scale to those permitted
above.
(8)
Commercial storage buildings providing space for rent.
(9)
Warehousing and distribution facilities.
(10)
[1]Other uses which, in the opinion of the Zoning Board of
Appeals, are similar in nature and scale to those permitted above.
[1]
Editor's Note: Former Subsection B(10), regarding manufacturing, distribution, wholesale and retail sales of building materials, was repealed 10-3-2016 by L.L. No. 1-2016. This ordinance also provided for the redesignation of former Subsections B(11) and (12) as Subsections B(10) and (11), respectively.
(11)
Uses permitted in the General Business District.
[Added 4-9-2001]
C.
Permitted accessory uses:
(1)
Private garages and storage buildings which are necessary
to store any vehicles, equipment or materials on the premises and
which are used in conjunction with a permitted use.
(2)
Off-street parking, loading and unloading facilities
and signs, fences and landscaping subject to the provisions of this
chapter.
(3)
Other business uses which, in the opinion of the Zoning
Board of Appeals, are similar in nature and scale to those permitted
above.
D.
Provisions and requirements.
(1)
Residential uses shall be prohibited except for a
caretaker's residence on site.
(2)
All assembly, research, engineering, administration,
storage and other related activities shall be conducted wholly within
enclosed buildings.
(3)
Incidental storage out of doors may be permitted provided
that such materials are shielded from view from public streets and
adjacent off-street parking areas by fencing, landscaping or other
appropriate measures.
(4)
At no time shall any use result in or cause dissemination
of dust, smoke, smog, observable gas, fumes, odors, radiation or other
atmospheric pollution, objectionable noise, glare or vibrations or
hazard of fire or explosive or any other physical hazard to adjacent
buildings or to any plant growth or any land adjacent to the site.
(5)
The architectural treatment and general appearance
of all buildings and grounds shall be in keeping with the purpose
of this district and shall be of such quality and design as to be
a visual asset to the area in which they are located as well as to
adjacent development.
(6)
All uses permitted shall set aside not less than 20%
of the lot area to be devoted to seeding, planting, retention of tree
cover, or other landscaping. This area shall be used for no other
purposes.
(7)
Each use shall provide truck loading and unloading areas in an amount sufficient to permit the transfer of goods and products in other than a public street, off-street parking area or front yard. Off-street loading facilities shall be subject to the additional provisions of § 103-34 of this chapter.
(8)
Industrial structures shall be located so as to be
a minimum of 75 feet from any nonindustrial district. A natural buffer
strip shall be placed and maintained so as to provide visual screening
and separation between industrial and nonindustrial uses.
(9)
Parking areas may be located in any of the required
yard areas provided they are not less than 50 feet from a right-of-way
line or 30 feet from any other property line.
F.
Prohibited uses.
(1)
Acetylene gas manufacture.
(2)
Oxygen manufacture.
(3)
Celluloid manufacture.
(4)
Disinfectant or insecticide manufacture.
(5)
Asphalt manufacture or refining.
(6)
Coal or tar distillation, including manufacture or
treatment.
(7)
Boiler making.
(8)
Steel furnace manufacture.
(9)
Blooming or rolling mill.
(10)
Soap manufacture.
(11)
Chlorine or hydrochloric, nitric, picric or
sulfuric manufacture.
(12)
Smelting of copper, tin, zinc, lead or iron
ores.
(13)
Manufacture of explosives, storage of explosives
in bulk.
(14)
Glue, size or gelatin manufacture where the
process includes the refining or recovery of products from fish or
animal refuse or offal.
A.
Purpose. The PD - Planned Industrial/Commercial Development
District has been designed to encourage commercial and industrial
development which conforms to a coordinated site development plan
for a relatively large area. Such development should represent the
most efficient and productive use of the land area so zoned. Individual
uses permitted in this zone shall be designed and constructed so as
not to preclude further industrial or commercial development within
the PD Zoning District.
B.
Objectives.
(1)
The proposed industrial and/or commercial development
shall be in harmony with the general purpose, goals and objectives
of the Comprehensive Plan and this chapter.
(2)
The proposed development shall comply with all applicable
regulations of this chapter except as modified by the authority of
this section.
(3)
The proposed development shall not have a substantial
adverse effect upon adjacent properties, utility facilities, traffic
conditions and other matters that would affect the public health,
safety and general welfare.
(4)
The proposed development shall be constructed, arranged
and operated so as to not interfere with the development and use of
neighboring properties.
(5)
The proposed development shall be adequately served
by essential public facilities and services, such as but not limited
to sanitary sewers, public water supply, stormwater drainage facilities
and highway capacity.
(6)
The proposed development shall provide for the effective
development of the project site, making appropriate provisions for
the preservation of trees, streams, wetlands, natural topography and
geological features and the prevention of soil erosion.
C.
General requirements.
(1)
All industrial and commercial uses permitted in the
LI - Light Industrial and B - General Business Zoning Districts are
permitted in this district.
(2)
Accessory uses permitted in the commercial and industrial
districts are permitted as accessory uses in the PD District.
(3)
The minimum area required for a planned development
shall be 20 contiguous acres of land. However, if an applicant can
demonstrate that the characteristics of the property proposed for
such use can meet the objectives of this section, projects with less
acreage will be considered.
(4)
Where an applicant proposes the use of a portion of
the site as common property, satisfactory arrangements shall be made
for the improvement, operation and maintenance of such common property
and facilities. For the purpose of this section, the term "common
property" shall be defined as a parcel of land, together with improvements
thereon, the use and enjoyment of which is shared by the owners and
occupants of the planned development.
(5)
Individual buildings within a planned development
shall be related to each other in design, mass, materials, placement
and connections to provide a visually and physically integrated development.
(6)
Utility lines providing electric, telephone, television
or other services shall be installed underground.
D.
Application procedures. Approval of a planned development
shall be made by the Town Board, following review and recommendation
from the Planning Board.
(1)
Planning Board review. The applicant shall meet with
the Planning Board to describe the intent of the proposed development,
to discuss design and development objectives and to submit a concept
plan which depicts the manner in which the proposed project is to
be developed. At this meeting, the applicant shall describe how the
proposed development would be integrated with neighboring land uses,
community features and public facilities and services. The concept
plan shall be to scale and shall include the following information:
(a)
The principal physical characteristics of the
site, including an analysis of the soils and subsoils and the location
of major stands of trees, streams, floodplains and rock outcropping.
(b)
The topography of the site with contour intervals
of not more than five feet of elevation; areas of the site where grades
exceed 3%; portions of the site with a moderate to high susceptibility
to erosion, flooding or ponding; and a preliminary grading plan with
five-foot contour intervals.
(c)
An analysis of the relationship of the site
to the surrounding community, including significant parcels of vacant
land and the character of nearby built-up areas.
(d)
A conceptual site development plan which presents:
a proposed lotting pattern, including the number and general sizing
of individual lots; estimates of vehicular traffic volumes to be generated;
a suggested internal street system, suggested sidewalks and circulation
flows; a description of how the site will be tied to the existing
street and pedestrian network; estimated demands for water and sewer
services; a suggested layout of water, sanitary sewer and storm sewer
facilities with proposed points of interconnection to existing systems;
and the proposed stormwater drainage system and its relation to existing
systems.
(e)
A generalized description of how the site is
to be buffered from adjacent areas. This shall include the retention
of existing trees as well as new plantings to accomplish this objective.
(f)
A description of the manner in which areas that
are not proposed to become publicly owned are to be maintained, including
but not limited to open space, streets and lighting.
(g)
if the development is expected to be phased,
a general description of the phasing plan, including the anticipated
time frames for development.
(h)
A description of any covenants, grants of easements
or other restrictions proposed to be imposed upon the use of the land,
buildings or structures, including proposed easements for public utilities.
(i)
A written statement by the applicant setting
forth the reasons why, in his opinion, the proposed rezoning would
be advantageous to and in the best interests of the Town of Albion.
(k)
Any other information or documentation which
the applicant deems necessary to support his application.
(2)
Planning Board report. Within 60 days of the receipt
of a complete application, the Planning Board shall review the concept
plan and supporting documents and provide a written report to the
Town Board. The Planning Board shall hold a public hearing on the
concept plan to assist it in the preparation of its report. If no
report has been rendered within the sixty-day period, unless such
time limit has been extended by formal action of the Planning Board,
the applicant may proceed on the basis that the report is favorable.
The Town Board shall be so informed on this matter.
(a)
A favorable report from the Planning Board shall
be based on the following findings which shall be included as part
of the report:
[1]
The proposal implements the goals and policies
of the Comprehensive Plan of the Town of Albion.
[2]
The concept plan meets all of the requirements
of this chapter.
[3]
The proposal is conceptually sound in that it
meets a community need and conforms to accepted design standards for
the proposed roadway system, land use configuration, open space and
drainage systems.
[4]
Adequate services and utilities are available
or proposed to be made available in order to properly serve the proposed
development.
(b)
An unfavorable report shall state clearly the
reasons therefor and, if appropriate, point out to the applicant the
conditions under which a favorable report may be issued.
(3)
Town Board consideration. Upon receipt of a report
from the Planning Board, the Town Board shall consider the application
for the planned development and may establish a date for and conduct
a public hearing for the site plan as provided by Town Law.
(4)
Final site plan approval. In the approval of the site
plan, the Town Board may establish a maximum aggregate gross floor
area for all buildings in the District and may, if it feels it necessary
in order to fully protect the public health, safety and welfare of
the community, attach to its resolution additional requirements for
the applicant to meet. Such requirements may include, but shall not
be limited to, visual and acoustical screening the order of construction
and/or occupancy; vehicular and pedestrian circulation systems; protection
of natural resources; and other physical or community needs.
A.
The Town Board of the Town of Albion finds that the
Erie Canal is an irreplaceable historic, cultural, economic and recreational
resource that is worthy of the highest protection by the Town. Toward
that goal the Town Board wishes to encourage those uses in the vicinity
of the Erie Canal which are compatible with the maximum enjoyment,
use and protection of this resource.
B.
All uses of any property in an Erie Canal Corridor
Overlay Districts which are permitted by the current or future zoning
classification shall be allowed to continue except that the following
may not be located within an Erie Canal Corridor Overlay District:
(1)
Solid waste disposal facilities.
(2)
For purposes of this section the following definitions
shall apply:
(a)
A "solid waste disposal facility" is a facility
at which disposal occurs.
(b)
"Disposal" is:
[1]
The placement, distribution, removal, discharge,
deposit, injection, spilling, dumping or leaking of a solid waste,
or any constituent thereof, on, onto, in or under any land, surface
water or groundwater; and
[2]
The storage of solid waste on, onto, in or under
any land, water or structure, except at the site of generation.
(c)
"Solid waste" means any garbage, refuse, sludge
from a wastewater treatment plant, water supply treatment plant or
air pollution control facility and other discarded materials including
solid, liquid, semisolid, or contained gaseous material, resulting
from industrial, commercial, mining and agricultural operations, and
from community activities.
(d)
A material is deemed discarded if it is abandoned
by being disposed of; or burned or incinerated, including being burned
as a fuel for the purpose of recovering usable energy; or accumulated,
stored or physically, chemically or biologically treated (other than
burned or incinerated) instead of or before being disposed of.
C.
Compliance with the State Environmental Quality Review
Act.[1] Whenever the rezoning of any property within an Erie Canal
Corridor Overlay District is considered by the Town Board, the Town
Board shall consider as part of its review under the State Environmental
Quality Review Act the potential impact on the Erie Canal and the
goals of this section.
[1]
Editor's Note: See Environmental Conservation
Law § 8-0101 et seq.
A.
The Zoning Map indicates approximate boundaries of the Flood Hazard Overlay Zone. The exact legal boundaries of the flood hazard area is depicted on the official FIRM Maps and Flood Boundary - Floodway Map prepared by the Federal Emergency Management Agency (FEMA).
A.
The purpose of this district is to provide a means of developing those land areas within the community considered appropriate for waste management facilities in accordance with Chapter 87, Solid Waste Management Facilities, of the Code of the Town of Albion, and the purposes and findings of that statute.
B.
To accomplish the above stated goals and purposes, and provide protection for existing land uses, there is hereby created a Waste Management Facility Overlay District, with parcels to be hereafter located only within industrial districts upon approval of a permit under Chapter 87, Solid Waste Management Facilities, approval of a zoning change by the Town Board, and approval of the specific project as otherwise required by the Town Code.
C.
General guidelines.
(1)
No premises may be employed as a waste management
facility except in conformance with this section.
(2)
Establishment of a Waste Management Facility Overly District project shall require three steps: receipt of a permit from the Town Board under Chapter 87, Solid Waste Management Facilities, amendment of the Zoning District Map to establish a Waste Management Facility Overlay District; and approval of a project in the district.
(3)
There shall be a minimum acreage requirement of 25
acres. The property shall comply with all setback and location requirements
of the Waste Management Facility Overlay District and the Industrial
District. In the event of differing regulations, the stricter regulation
shall apply.
(4)
Discontinuation of permitted waste management facilities.
Should the use of any parcel as a waste management facility in a Waste
Management Facility Overlay District cease or be discontinued for
six months or more, the parcel shall revert to its underlying zoning
classification.
(5)
Should any zoning variance be required for any project within the WM District, said variance shall apply only to this statute and shall not be a variance or waiver from the requirements of Chapter 87, Solid Waste Management Facilities.
(6)
A minimum four-hundred-foot landscaped buffer shall
be provided around the parcel perimeter. Internal access roads and
parking shall not be within the buffer area. Nothing in this chapter
shall prohibit the use of buffer areas as public recreation areas
or conservation easements, with Planning Board approval.
D.
Procedures shall be as follows:
(1)
All waste management facilities shall be permitted by the Town Board in accordance with Chapter 87, Solid Waste Management Facilities.
(2)
Amendment to Zoning Map for the Waste Management Facility Overlay District (WM).
(a)
Application for amendment of the Zoning Map for a WM District shall be made to the Town Board, which shall refer the application to the Planning Board.
(b)
The applicant shall submit a preliminary development
plan, at an appropriate scale, illustrating the type, uses and design
of the proposed development, including any or all of the following
as required by the Planning Board:
(c)
The Planning Board shall review such application
and may require such changes in the preliminary plans as are necessary
to meet the requirements of this section, to protect the established
permitted uses in the vicinity and to promote the orderly growth and
sound development of the community. In evaluating the proposal and
in reaching its decision regarding the preliminary plans, the Planning
Board shall consider and make findings regarding the consideration
set forth below:
[1]
The need for the proposed facility.
[2]
In what respects the plan is or is not consistent
with the stated purposes of the Waste Management Facility Overlay
District.
[3]
The extent to which the plan departs from the
zoning regulations formerly applicable to the property in question
(including bulk, density and permitted uses).
[4]
The existing character of the neighborhood and
the relationship, beneficial or adverse, of the proposed development
to this neighborhood.
[5]
The location of principal and accessory buildings
on the site in relation to one another and to other structures and
uses in the vicinity, including bulk and height.
[6]
The traffic circulation features within the
site, including the amount of, location of and access to truck and
automobile parking and terminal loading areas.
[7]
The amount of traffic generated at peak hours
and the provision for adequately handling such volumes, with particular
reference to points of ingress and egress, potential hazards, such
as inadequate sight distances and intersection design, and nature
and suitability of the connecting street or highway system to absorb
the anticipated changes.
[8]
The provision for storm, sanitary and solid
waste disposal and other utilities on the property adjacent to the
site as well as on the site itself.
[9]
The proposed landscaping and signage.
[10]
The manner in which the physical design makes
adequate provision for service demands (water, sewer, fire, etc.),
adequate traffic control and the amenities of light, air and visual
enjoyment.
(d)
All applications for creation of a WM district
shall be referred to the Orleans County Planning Board, which may
review and comment on the referral within 30 days.
(e)
The Planning Board shall report its findings
and render its recommendation on rezoning to the Town Board within
62 days of submission of a complete application. It may recommend
approval, disapproval or conditional approval subject to modifications
regarding the proposed development.
(f)
The Town Board shall consider the report and recommendations of the Planning Board, address SEQR requirements and all other comments, reviews and statements pertaining thereto and shall hold a public hearing after proper public notice as required for any amendment to these regulations. It may amend the Zoning Map to establish and define the type and boundaries of the Waste Management Facility Overlay District and, in doing so, may state specific conditions in addition to those provided by the regulations.
(3)
Site plan approval in a Waste Management Facility
Overlay District shall be in accordance with this section.
(a)
The applicant shall submit to the Planning Board final development plans, specifications and necessary supporting documents as required to detail the approved preliminary development plan submitted for rezoning, including the data listed in Article X of this chapter, the complete application submitted under Chapter 87, Solid Waste Management Facilities, and any or all of the following as required by the Planning Board:
[1]
A property survey showing existing contours,
buildings, structures, trees, streets, easements and rights-of-way.
[2]
Site plans with proposed building locations,
streets, parking areas, grading, walks and landscaping.
[3]
Final drawings.
[4]
Final engineering plans, including street design,
drainage systems, sanitary sewage, water mains and public utilities,
including gas and electric.
[5]
Construction time schedule.
(b)
No site plan shall be approved until the Planning
Board has evaluated the project based on the following considerations:
[1]
Consistency with the preliminary development
plan, including:
[a]
The existing character of the neighborhood
and the relationship, beneficial or adverse, of the proposed development
to this neighborhood.
[b]
The location of principal and accessory
buildings on the site in relation to one another and to other structures
and uses in the vicinity, including bulk and height.
[c]
The traffic circulation features
within the site, including the amount of, location of and access to
truck and automobile parking and terminal loading areas.
[d]
The amount of traffic generated
at peak hours and the provisions for adequately handling such volumes,
with particular reference to points of ingress and egress, potential
hazards, such as inadequate sight distances and intersection design,
and the nature and suitability of the connecting street or highway
system to absorb the anticipated changes. Truck routes to and from
the proposed facility shall be identified including site distances,
shoulder width, lateral clearances and current capacity. Daily and
hourly trip generation information shall be provided. Current traffic
counts including vehicle classification and speed shall be submitted
for proposed routes. Test holes may be required along Town roads to
determine thickness of pavement, foundation course, and type of subbase.
[e]
The provision for storm, sanitary
and solid waste disposal and other utilities on the property adjacent
to the site.
[f]
The proposed landscaping and signage.
[g]
The manner in which the physical
design makes adequate provision for service demands (water, sewer,
fire, etc.), adequate traffic control and the amenities of light,
air and visual enjoyment.
(c)
All conditions imposed by the Town Board in
establishing the WM District and in the approval of plans and all
subsequent conditions imposed by the Planning Board or Town Board
in reviewing the final site plan shall run with the land and shall
not lapse or be waived because of ownership or tenancy change in any
or all of the designated district.
(d)
The Town Board shall have the authority to again
amend the map to restore the District to its original zoning designation
or any other designation if site plan approval is not granted within
three years after the effective date of the rezoning. The Town Board
may extend the three-year period.
(e)
If a building permit application for the development
in accordance with the approved site plans and specifications has
not been filed within one year after the date of the resolution authorizing
site plan approval, site plan approval shall become null and void
and the approval shall be revoked and vacated.
