The intent of this Article
VI is to set forth supplemental regulations, procedures and conditions which shall apply to certain land use activities in the Village of Chittenango which are incongruous or sufficiently different in terms of their nature, location and potential effect on the surrounding environment and the quality of the community and that warrant special evaluation of each individual case.
No zoning permit shall be issued by the Zoning Enforcement Officer for any land use or activity listed in Schedule I as having special conditions applicable (SC) or requiring a special permit (SP) until the Enforcement Officer is satisfied that applicable regulations set forth in this Article
VI have been complied with or that a modification of such regulations has been duly made.
The Zoning Enforcement Officer shall issue a
zoning permit for the following uses only when satisfied that applicable
special conditions, as set forth in this section have been complied
with, in addition to all other applicable requirements of this chapter.
A. A dwelling, one-unit or two-unit, in the GB and SB
Districts shall be permitted when:
(1) Such use existed as the principal structure on the
lot at the time of adoption of this chapter or is located behind or
on the upper levels of a building that is used primarily for nonresidential
purposes.
(2) Off-street parking for the residence can be met in
addition to the requirements of the nonresidential use of the lot.
B. A conversion of an existing dwelling into three or
more dwelling units in the HR, GB and SB Districts shall be permitted
when:
(1) A site plan is approved in accordance with §
148-28.
(2) Required off-street parking can be provided.
(3) The side yards of the existing dwelling, if not in
compliance with Schedule II, are at least 60% of the requirements
for the district as set forth in Schedule II.
(4) In HR Districts, no parking space shall be located
less than four feet from any side or rear property line.
(5) A buffer strip shall be provided between any parking
area containing five or more spaces and an adjacent property in an
LR and MR District.
(6) To preserve the aesthetic quality of the street, no
required means of egress from upper stories shall be permitted on
the street facade of the building unless the Zoning Enforcement Officer
determines that there is no feasible alternative.
(7) The location and design of outdoor trash receptacles
shall be approved as part of the site plan approval.
C. A dwelling, mobile home, in the SB District shall
be permitted when such mobile home is located in a mobile home park.
[See § 148-37G(5).]
D. A residential storage structure in the LR, MR, HR,
GB and SB Districts shall be permitted when:
(1) Such structure complies with minimum front and side
yard requirements and is no less than three feet from any rear yard
line.
(2) Such structure is no higher than 2.5 times the distance
between the structure and the yard line or 10 feet, whichever is less.
(3) Such structure has a maximum floor area which does
not exceed 150 square feet.
E. A boardinghouse, rooming house or tourist home in
the HR, GB and SB Districts shall be permitted when:
(1) In an HR District, such use is occupied by the owner
of the dwelling and contains no more than five rooms let for profit.
(2) Off-street parking requirements can be met.
(3) Signs advertising such use do not exceed one in number
and six square feet in area and, if lighted, are not flashing.
F. A church and place of public worship in the LR, MR,
HR, GB and LI Districts shall be permitted when:
(1) A site plan is approved in accordance with §
148-28.
(2) Such place of worship is currently used by an organization
legally established and registered in the State of New York.
(3) Parking areas are provided with landscaping that is
adequate to create a visual buffer to adjacent residential lots.
(4) Landscaping shall be provided adjacent to all public
streets.
G. A home occupation in the GB and SB Districts [see also §
148-37G(12) for LR, MR and HR Districts] shall be permitted when such use:
(1) Is located within a dwelling unit or in a building
accessory to a dwelling unit and on the same lot, which accessory
building shall have no more than 600 square feet of ground floor area
devoted to such activity.
(2) Is operated only by persons living in the dwelling
unit and no more than one additional person.
(3) Requires no exterior construction or alteration of
the principal building.
(4) Produces no demand for parking that is not compatible
with a residence and does not display outside the building any evidence
of the home occupation.
(5) Produces no noise, odor, traffic, smoke, dust, vibration,
glare or electrical disturbance outside the building it occupies.
H. A home and garden center in the GB and SB Districts
shall be permitted when:
(1) Access drives to parking areas are not wider than
30 feet and clearly defined by curbs.
(2) Landscaping shall be provided adjacent to all public
streets.
(3) General site and architectural design features are reviewed for compliance with §
148-31.1.
[Added 10-26-2010 by L.L. No. 7-2010]
I. A bank, financial institution and loan office, including
a drive-in, in the GB and SB Districts shall be permitted when:
(1) For drive-in facilities only, a site plan has been approved in accordance with §§
148-28 and
148-31.1.
[Amended 10-26-2010 by L.L. No. 7-2010]
(2) For drive-in facilities only, adequate space is provided
so that there will be no stacking of waiting vehicles on any public
street.
J. A barber, beauty shop and similar use in the HR District
shall be permitted when:
(1) Such commercial service use is included as part of
a large-scale residential development and is intended to serve a specific
neighborhood.
(2) Signs advertising such services are no more than one
in number and no more than six square feet in area and are not illuminated.
K. The open, off-season storage of a recreation vehicle,
snowmobile, boat, trailer and similar vehicle in all districts shall
be permitted when:
(1) Such vehicle is not stored in any required front yard
or side yard area as specified in Schedule II of this chapter for
the district in which the said vehicle is located.
(2) There are no more than a total of two such vehicles
stored on any lot.
L. A newspaper vending machine in HR, GB, SB and LI Districts
shall be permitted when:
(1) Such machine is not attached or secured in any way
to any pipe, pole, tree or standard owned by the Village of Chittenango
or the State of New York.
(2) The location of such machine is no less than 25 feet
from the intersection of two curblines or edge-of-pavement lines.
(3) The location of such machine does not reduce the unobstructed
width of any sidewalk to less than 48 inches.
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(NOTE: This subsection applies only to vending
machines located on public land.)
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M. A satellite dish in all districts shall be permitted
when:
(1) Such receiver is not located in any front yard or
side yard area, unless no other location is technically or physically
feasible.
(2) Landscaping is provided to partially screen such receiver
from public view.
(3) No receiver is mounted on the roof of any building
or vehicle, unless such installation has received site plan approval
from the Planning Board.
N. A sign in all districts shall be permitted when applicable provisions of §
148-42 of this chapter and any other provisions related to signs in the Village of Chittenango have been complied with.
O. An alternative domestic energy supply installation
in all districts shall be permitted when:
(1) No solar energy device which is not an integral part
of the structure is located in any front yard area.
(2) Landscaping is provided around any ground-mounted
solar device to partially screen it from public view.