A.
Purpose and intent. The purpose of this article is to provide greater
flexibility in the placement of certain kinds of uses when, because
of their unique characteristics, these uses are such that they can
be compatible with and complementary to the uses now permitted in
the zone, provided that appropriate safeguards are imposed. Additionally,
this article intends to provide the framework for adequate review
and tighter control of certain uses which have a marked effect on
the surrounding area due to their unusual design, operational characteristics,
or the amount of traffic they generate.
B.
C.
Authorization to grant or deny special uses. The special uses listed
in this chapter may be permitted, enlarged or otherwise altered upon
authorization by the Planning Commission in accordance with the standards
and procedures set forth in this section and such additional standards
as may be set forth for such special uses elsewhere in this chapter.
The zoning variance procedure before the Zoning Board of Appeals shall
not be used to acquire authorization to enlarge, modify or otherwise
alter a special use or to amend a special use permit. Such authorization
may be granted by the Planning Commission only. In permitting a special
use or the modification of a special use, the Planning Commission
may impose, in addition to those standards and requirements expressly
specified by the chapter, any additional conditions which the Planning
Commission considers necessary to protect the best interests of the
surrounding property or the City of Oneonta as a whole. These conditions
include, but are not limited to, controlling the location and number
of vehicle access points, limiting the number, size and location of
signs, and required diking, fencing, screening, landscaping or other
facilities to protect adjacent or nearby property. In the case of
uses existing prior to the effective date of this chapter and classed
in this chapter as special use, any change in use or in lot area or
an alteration of structure shall conform with the requirements dealing
with special uses. Should a zoning variance be required, however,
such application shall go before the Zoning Board of Appeals.
D.
Procedure for application and review.
(1)
Application requirements. If a use is permitted by special use permit,
as set forth in this chapter, the applicant shall make a written application
for a review of completeness and an approval to the Code Enforcement
Officer of the City of Oneonta, at least four weeks prior to the Planning
Commission meeting, on forms prescribed by the Code Enforcement Officer.
At minimum, the application shall include the following:
(a)
The applicant's name, address and interest in the subject property.
(b)
The owner's name and address, if different than the applicant,
and the owner's signed consent to the filing of the application.
(c)
The street address and legal description of the subject property.
(d)
An application for site plan approval, as required by Article VII. The site plan approval process can run concurrently with the special use permit process, if desired by the applicant.
(e)
A written statement addressing the standards relevant to the
proposed use, as outlined in this article, and other regulations outlined
in this article pertaining to specific uses, and stating specifically
how the proposed special use permit relates to and meets each such
standard, whether qualitative or quantitative in nature.
(f)
A map showing the property and all properties within a radius
of 500 feet to the exterior boundaries thereof.
(g)
Plans and elevations necessary to show the proposed development
and other drawings or information necessary to an understanding of
the proposed use and its relationship to surrounding properties as
required by this chapter.
(h)
Any additional information which may be required to demonstrate
compliance with any additional standards imposed on the special use
permit by the particular provision of this article authorizing the
special use.
(2)
Fee. Every application for a special use permit shall be accompanied
by a fee which shall be set by resolution from time to time by the
Common Council of the City of Oneonta.
(3)
Public hearing on special use.
(a)
Before a special use is permitted, the proposed special use
shall be considered by the Planning Commission at a public hearing.
Notice of said hearing shall be given in accordance with provisions
of law.
(b)
The City Clerk shall also, insofar as practicable, mail notices
of the hearing to all property owners, as appearing on the latest
tax roll of the City, within a two-hundred-foot radius, regardless
of whether or not the owner resides therein, unless the City Clerk
has definite knowledge of other addresses of absentee owners. Compliance
with this subsection shall not be a condition precedent to proper
legal notice, and no hearing or action taken thereon shall be deemed
invalid or illegal because of any failure to mail the notices provided
for in this section.
(4)
Appeal. The applicant or any persons may appeal a decision of the
Planning Commission. An appeal of such decision shall be to the Supreme
Court pursuant to Article 78 of the Civil Practice Law and Rules.
(5)
Notification of action. The Planning Commission shall notify the
applicant for a special use permit, in writing, within five days after
the decision has been rendered.
E.
General standards governing special uses. Except as may be provided
elsewhere in this article, each special use permit application shall
meet the following standards:
(1)
A special use shall comply with the appropriate standards of the district in which it is located as well as the provisions of Article IV, Regulations Applicable To All Zoning Districts.
(2)
In order to grant any special use, the Planning Commission shall
find that the request is in harmony with the general purpose and intent
of this chapter, taking into account the location and size of use,
the nature and intensity of the operations involved in or conducted
in connection with it and the size of the site in respect to streets
giving access thereto.
(3)
In order to grant any special use, the Planning Commission shall
find that the establishment, maintenance or operation of the use applied
for will not, under the circumstances of the particular case, be detrimental
to the health, safety or general welfare of persons residing or working
in the area of such proposed use or be injurious to the property and
improvements in the area or to the general welfare of the City.
(4)
The site plan for the property shall be approved in accordance with the provisions of Article VII of this chapter.
(5)
The proposed size, height, architectural character and placement
of new or expanded structures on the site shall be reasonably compatible
with the existing or anticipated buildings on adjacent properties.
(6)
Streets and access facilities serving the site shall be able to safely
accommodate the expected traffic generated by the proposed use; the
use shall not cause excessive traffic congestion or delays, obstruct
access to adjacent properties, or imperil the safety of motorists,
pedestrians, or bicyclists.
(7)
The proposed use shall not adversely affect the use and enjoyment
of adjacent properties by generating excessive noise, vibration, light,
glare, odors or any other form of pollution or nuisances.
(8)
The proposed use will be served adequately by essential services
such as streets and highways, off-street and on-street parking, police
and fire protection, stormwater drainage, refuse disposal, water and
sewer service, and schools.
F.
Preexisting special uses. Any use lawfully established prior to,
and lawfully continuing in existence on, the date of adoption of this
chapter, and which is located in a district in which the special use
is permitted under the terms of this chapter, shall be deemed a conforming
use without further action, application or review, unless a preexisting
special use permit expires, or unless such use ceases to continue
for a period of more than six consecutive months.
G.
Discontinuance and revocation.
(1)
A special use permit shall become void five years after approval,
or after such greater or lesser time as may be specified as a condition
or approval, unless within that time the required building construction,
alteration or enlargement is commenced.
(2)
The special use permit shall expire if an initiated special use,
as approved, ceases to continue for a period of more than five years
continuously.
(3)
A special use permit may be revoked by the Planning Commission. A
public hearing shall be held after the permit grantee has been notified
to consider whether or not the special permit grantee has violated
the terms and conditions of the special use permit.
A.
Findings. The Common Council has made the following findings concerning
the need to address sediment and erosion control during construction
on hillsides and steep slopes.
(1)
Land development can alter hydrologic response. Land development
projects and other land use conversions and their associated changes
to land cover can alter the hydrologic response of local watersheds
and increase stormwater runoff rates and volumes, which in turn can
increase flooding, stream channel erosion, and sediment transport
and deposition, and can decrease groundwater recharge by creating
impervious surface such as pavement and buildings, and compacting
pervious surfaces.
(2)
Cumulative effects. The cumulative effects of several storms on a
particular project and the erosion and sediment contributions from
several projects can create a significant cumulative effect on water
quality, hydrologic response of local watersheds, and can alter or
destroy wildlife habitat.
(3)
Land development can contribute to increased nonpoint source pollution.
Land development projects and other land use conversions can contribute
to increased nonpoint source pollution and degradation of receiving
waters due to the addition of petroleum products, fertilizers and
pesticides, construction waste, and other substances to runoff from
construction sites.
(4)
Land development can cause significant environmental damage to wildlife
and wildlife habitat. Land development projects can cause significant
damage to trees and other wildlife habitat through compaction of soils
due to construction vehicle traffic, stripping of vegetation during
grading and other site preparation activities, and can increase turbidity
in water supplies that may damage the habitat of aquatic species.
(5)
Stormwater runoff related to development can adversely affect health,
safety, welfare, and the environment. The impacts of stormwater runoff
related to development can adversely affect public safety, public
and private property, surface water supplies, groundwater resources,
drinking water, aquatic and nonaquatic wildlife habitats, fish and
other aquatic life, property values, and the potential for other uses
of land and water.
(6)
Best management practices can minimize adverse impacts. These adverse
impacts outlined above can be controlled and minimized through the
application of best management practices during construction activities,
low-impact development practices post-construction, and periodic inspections
before, during and after construction to ensure that erosion and sediment
control practices are functioning effectively.
(7)
It is therefore in the public interest of health, safety, welfare,
and environmental protection to minimize the impacts associated with
land development and to regulate stormwater runoff during construction
in areas of steep slopes in order to address the adverse impacts to
public health, safety, welfare, and the environment detailed in the
above subsection.
B.
Purpose and intent. Based on the findings above, the purpose of this
section is to provide for the regulation of development of steep slopes,
greater than 15%, by developing standards for design, installation,
and maintenance of stormwater management measures during construction
on steep slopes for the following reasons:
(1)
To control the quantity and quality of runoff.
(2)
To prevent soil erosion and sedimentation resulting from site construction
and development.
(3)
To prevent the pollution of runoff from construction sites.
(4)
To protect natural resources.
(5)
To protect other properties from damage that could be caused by erosion
and sedimentation or the quantity or quality of runoff.
(6)
To reduce public expenditures in maintenance of stormwater drainage
systems such as removing sediment from systems, repairing or replacing
failed systems, restoring degraded natural resources, and to prevent
damage to City infrastructure caused by inadequate controls.
C.
Site plan review. Any and all uses involving the disturbance of more than 1,000 square feet of land surface with slopes greater than 15% shall be subject to site plan review. The Planning Commission has the authority to waive these standards if it determines the area consisting of slopes greater than 15% is small enough so as to pose limited or no environmental risk. The scope of site plan review required under this section shall be limited to the purpose and intent of § 300-30B.
D.
Strategies and standards.
(1)
Strategies to be employed. To ensure that all sources of soil erosion
and sediment on the construction site are adequately controlled, the
following strategies shall be employed:
(a)
Minimize the areas of disturbed soil. Limit site preparation
activities such as grading and clearing to where they are absolutely
necessary and consistent with the phasing plan and the daily schedule
of construction activities.
(b)
Maximize the protection and on-site use of native vegetation.
Protect all vegetation not intended for removal by adequately marking,
fencing around the drip line of trees, protectively wrapping and temporarily
transplanting as necessary.
(c)
Reduce the time that soil is left disturbed. Utilize construction
management by phasing; soil disturbed by construction activities shall
be stabilized within 14 days of ceasing disturbance.
(d)
Stabilize soil with seeding and mulch as soon as possible after
disturbance.
(e)
Control water at upslope site perimeters. Prevent stormwater
from entering areas of disturbed soil from outside the site and from
other parts of the site. Utilize diversion swales and vegetated strips
to reduce the amount of water entering a construction site.
(f)
Control water on site. On the site, water must be controlled
and kept to low velocities so that erosion is minimal. This can be
achieved through immediate seeding and mulching or the application
of sod, as well as the use of structural measures, including silt
fences, check dams, mulch filter socks, and mechanical tracking of
hillsides.
(g)
Control sediment on site. Reduce the amount of sediment produced
from areas of disturbed soils, and control the sediment produced on
site through seeding and mulching and structural measures.
(h)
Control sediment at the downslope site perimeters. Prevent the
off-site transport of all sediment produced on the construction site
using vegetated strips, diversion dikes, and swales, sediment traps
and basins, stabilized construction entrances, and silt fences or
mulch filter socks.
(i)
Utilize biological or recyclable materials. To the extent possible,
developers should utilize natural biological materials or recyclable
materials as temporary measures that can remain on site after the
completion of construction such as mulch berms or other methods, as
opposed to silt fences, which must be removed and disposed of after
the completion of construction activities in order to reduce waste
and reduce costs of removal.
(j)
Fill materials should be compacted sufficiently to be stable
for their height and sufficiently strong to bear the weight of any
structures they support.
(2)
Design standards. The following standards shall be applied in planning
for stormwater management and erosion control:
(a)
Stormwater management and erosion control designs shall not
conflict with minimum New York State Department of Environmental Conservation
stormwater requirements or other environmental permits required.
(b)
Measures shall be designed and installed to control the post-development
average annual rate of runoff, as well as the average annual rate
of runoff during each phase of construction so that it does not exceed
average annual pre-development runoff. Average annual rate of runoff
should be calculated using the Universal Soil Loss Equation.
(c)
Emergency spillways and downslope drainage facilities shall
have capacity to accommodate a one-hundred-year/twenty-four-hour storm.
(d)
All measures in the plan shall meet, as a minimum, the best
management practices (BMPs) set forth in the New York Standards and
Specification for Erosion and Sediment Control.
(e)
Stormwater management practices shall be selected to accommodate
the unique hydrologic and geologic conditions of the site.
(f)
The use of low-impact development techniques are preferred to
intercept, treat, and infiltrate runoff from developed areas distributed
throughout the site, as are techniques that restore, enhance, or protect
natural areas such as riparian areas, stream channels, wetlands, and
forests. Low-impact development techniques address stormwater through
small, cost-effective landscape features located at the lot level
and include items such as reducing the use of pipes, ponds, curbs
and gutters; maintaining recharge areas, buffer zones, and drainage
courses; using infiltration swales, grading strategies, and open drainage
systems; reducing impervious surfaces and disconnecting those that
must be used; and conserving open space.
(g)
Stormwater management systems shall not discharge to surface
waters, ground surface, subsurface, or groundwater within 100 feet
of surface water within a water supply intake protection area.
(h)
Any contiguous area of disturbance, not associated with the
installation of a roadway, shall be limited to 20,000 square feet.
(i)
Contiguous areas of disturbance shall be separated by at least
20 feet of area maintained at natural grade and retaining existing,
mature vegetated cover that is at least 20 feet wide at its narrowest
point.
E.
Required submissions in stormwater management plans for application
review. In addition to any information generally required by the City
for subdivision or site plan application, the applicant must submit
the following items to the Planning Commission for review:
(1)
Existing and proposed conditions, including the following elements:
(a)
Local map showing property boundaries.
(b)
North arrow, scale, and date of plan and plan amendments.
(c)
Surveyed property lines.
(d)
Structures, roads, utilities, earth stockpiles, equipment storage,
and stump disposal.
(e)
Topographic contours at two-foot intervals.
(f)
Critical areas relating to natural resources as defined at a
regional level, state level, or local level by a regional, state,
or local level natural resource inventory.
(g)
Stockpile areas and staging areas.
(h)
Within the project area, within 400 feet of the project boundary,
and upgradient within the watershed or appropriate portions thereof,
all surface waters, water bodies, streams, intermittent streams, ephemeral
streams, wetlands, vernal pools, and drainage patterns and watershed
boundaries.
(i)
Vegetation, including description of species.
(j)
Extent of the one-hundred-year floodplain, when applicable.
(k)
Soil information from a soils survey soil series map or detailed
site soil samples.
(l)
Easements or covenants.
(m)
Areas of soil disturbance or remediation areas.
(n)
Areas of cut and fill.
(o)
Areas of poorly or very poorly drained soils, including any
portion to be disturbed or filled.
(p)
Location of all structural, nonstructural, and vegetative stormwater
management and erosion control BMPs.
(q)
Detail sheet showing each BMP.
(r)
Phasing plan.
(s)
Inspection schedule.
(t)
Construction schedule.
(u)
Earth movement and grading schedule.
(v)
Construction erosion and sediment control plan that complies
with the provisions of this regulation.
(w)
An operations and maintenance plan.
(x)
Spill prevention plan and emergency management plan for spills
of potentially hazardous materials.
(y)
Surety.
(z)
Identification of alternatives in the drainage system design
that provide for contingencies during storm events, for instance,
an alternative for water flow in case a critical culvert becomes blocked
by debris.
(aa)
Design calculations for all temporary and permanent BMPs and
a narrative description of each measure, its purpose, construction
sequence, and installation timing.
(bb)
Drainage report with inclusion of more frequent small storms
as well as traditional calculations.
(cc)
Landscaping plan (unless required by other sections of the regulations).
(dd)
Notation of soil types (unless required by other sections of
the regulations).
F.
Inspections.
(1)
Inspections/frequency. Periodic inspections of stormwater management
structures or techniques shall be conducted by the City Engineer or
a qualified professional. At a minimum, inspections shall be conducted
at the site prior to commencement of land-clearing activities, after
every storm event during construction, periodically during construction,
at the completion of construction activities and removal of any temporary
BMPs, and as specified thereafter in an agreed-upon inspection schedule
proposed by the developer in consultation with either the contractor
who will build the project or a consulting contractor and approved
by the Planning Commission and the City's Engineer, to insure that
stormwater management structures or techniques are performing effectively.
(2)
Inspections/documentation. All inspections shall be documented and
written reports prepared by the City's Engineer or compliance consultant
that contain the following information:
(a)
Date and location of the inspection.
(b)
Date of last storm event.
(c)
Whether construction is in compliance with the approved stormwater
management plan.
(d)
Variations from approved construction specifications.
(e)
Photographic documentation of each erosion and sediment control
BMP and any other site level techniques employed pursuant to this
regulation, such as but not limited to seeding of fill piles, marking
of root zone areas of trees, disposal of construction debris, and
implementation of any state- or federal-level recordkeeping or reporting
procedures related to erosion and sediment control.
(f)
Recommended actions for replacement, repair, or substitution
of BMPs that are not functioning properly.
(g)
Copies of reports and labeled photographs shall be provided
to the Planning Commission.
(3)
Phases of inspection. The schedule for inspections may include the
following phases:
(a)
Initial site inspection prior to plan approval, which shall
include a site walk by the developer or developer's engineer and contractor,
the City's Engineer and/or Code Enforcement Officer, and a member
of the Planning Commission.
(b)
Erosion control inspection to ensure erosion control techniques
or structures have been properly installed, and are in accord with
the developer's submitted plan.
(c)
During and post-storm event inspection. The City Engineer shall
inspect the site during and within 48 hours after the first storm
event and subsequent storm events to ensure that erosion and sediment
control techniques and drainage structures are functioning properly.
(d)
Stormwater management system inspection. This inspection will
include inspection of temporary measures to be employed only during
construction, as well as semipermanent and permanent measures designed
to remain for some time period after construction is completed but
which may be completed before all construction of the site is completed.
The inspector will also note whether construction debris is being
disposed of properly and whether other erosion and sediment control
measures in addition to those in the approved plan must be instituted
by the developer to protect water resources.
(e)
Final inspection and storm performance inspection. The City
Engineer shall inspect the system after the system has been constructed
and before the surety has been released. This inspection shall also
evaluate the effectiveness of the system during and after the first
actual storm. No surety will be released until the inspector certifies
both the final inspection and the storm performance inspection.
(f)
During inspections, or during other site visits by the City
Engineer, if it is determined that the developer is not adhering to
the approved erosion control plan, or that one or more of the erosion
control techniques or structures installed are not operating properly,
the City Engineer may issue a stop-work order. The stop-work order
must provide specific reasons for its issuance, as well as to how
the developer is to proceed to remediate the reasons for the order.
See definition in Article I.
A.
Purpose. The general purpose of the home occupation regulations is to ensure that home occupations are compatible with the residential character of the residential districts in which they are located. Family and group day-care homes are not subject to home occupation regulations contained in § 300-31.
B.
Permitted home occupations. All permitted Type A home occupations are subject to the requirements and procedures of site plan review and approval as set forth in Article VII of this chapter. All permitted Type B home occupations are subject to the requirements and procedures of special use permits as set forth in Article VII of this chapter. To be deemed a home occupation, the use must be clearly incidental, accessory, and secondary to the residential use of the property. Subject to the requirements herein and notwithstanding anything to the contrary set forth above, customary home occupations include but are not limited to the following:
(1)
Office facilities for physicians, surgeons, dentists, physical therapists,
massage therapists, accountants, architects, brokers, engineers, land
surveyors, lawyers, insurance agents, and realtors. These uses are
subject to the specific limitations contained elsewhere in this section
pertaining to home occupations.
(2)
Office facility of a salesperson, sales representative or manufacturer's
representative. This use is subject to the specific limitations contained
elsewhere in this section.
(3)
Office facilities for ministers, priests, rabbis, or other religious
leaders.
(4)
Home crafts, such as model making, rug weaving, and lapidary work.
(5)
Workshop or studio for an artist, photographer, graphic designer,
website designer, craftsman, writer, composer, dressmaker, tailor
or computer programmer.
(6)
Facilities for instruction to not more than three pupils at any given
time, such as in music, dance, art or crafts.
(7)
Homebound employment of a physically or mentally handicapped person
who is unable to work away from home by reason of disability.
(8)
Limited barbershop and hairstylist. This use is subject to the specific
limitations contained elsewhere in this section.
(9)
All other home occupation uses which are customary in residential
areas and which can be conducted without substantial change in the
appearance, character, or generation of pollution and traffic of the
residence.
C.
Prohibited home occupations. Notwithstanding anything contained herein
to the contrary, permitted home occupations shall not in any event
be deemed to include:
(1)
Nursing homes, medical clinics or hospitals.
(2)
Antique or furniture shops.
(3)
Barbershops, hairstylists or beauty salons except for limited barbershops
and hairstylists in accordance with the limitations contained elsewhere
in this section.
(4)
Funeral homes, mortuaries or embalming establishments.
(5)
Restaurants or bars.
(6)
Private clubs or lodges.
(7)
Stables, kennels or animal hospitals.
(8)
Boardinghouses, tourist homes or bed-and-breakfast establishments.
(9)
Renting of trailers.
(10)
Garage or shop for the repair of motor vehicles.
(11)
Taxi operations.
D.
Class A home occupations. Class A home occupations are permitted
in the zone districts specifically identified in the Table of Permitted
Uses[1] and the Bulk and Use Tables[2] found in the Appendix. Class A home occupations may be
permitted by site plan review by the Code Officer only, and may be
referred by the Code Officer to the Planning Commission.
(1)
General standards.
(a)
No persons shall be employed in the home occupation other than
members of the household occupying the dwelling unit.
(b)
Except for articles produced on the premises, and except as permitted by Subsection D(1)(h) below, no stock-in-trade shall be stored on the premises. Individual samples of specific goods available for sale, whether produced on the premises or elsewhere, may be kept on premises, in a limited quantity, for customer viewing.
(c)
No more than 25% of the total floor area of the dwelling unit
or more than 300 square feet of floor area shall be utilized in the
conduct of the home occupation.
(d)
No offensive noise, vibration, smoke, dust or other particulate
matter, odorous matter, heat, humidity, glare or other objectionable
effects shall be produced by the home occupation.
(e)
In no way shall the appearance of the structure be altered nor shall the activity within the residence be conducted in a manner which would cause the premises to differ from its residential character, or from residential character generally, except that a single sign in accordance with § 300-20K shall be permitted.
(f)
Not more than one such home occupation may occur on a residential
lot.
(g)
No outdoor display of goods or outdoor storage of goods, equipment
or material used in the home occupation shall be permitted.
(h)
The sale of property at retail is prohibited, except as a minor
or subordinate part of a permitted home occupation use or except as
a mail-order business.
(i)
No traffic shall be generated by such home occupation in a volume
that would create a need for parking greater than that which is consistent
with the normal parking usage of the district.
(j)
No traffic is generated by such use in any greater volume than
would normally be expected from a single dwelling unit in the residential
neighborhood in which the use is to be located.
(k)
Class A home occupations shall not be allowed on any premises
that is grandfathered for density, lot size, or the number of off-street
parking space requirements of this chapter.
(l)
Class A home occupations shall not be permitted on any premises
containing a nonconforming use except in residential nonconforming
uses.
(2)
Additional standards applicable to limited barbershops, hairstylists and client/customer on-site-based office facilities. These standards apply to Class A home occupations listed in Subsection B under permitted home occupations, Subsection B(1), (2) and (8), which are characterized by having customers or clients on site, and are applicable to such uses in addition to the standards contained in Subsection D(1) above. Special use permits for limited barbershops, hairstylists and client/customer on-site-based office facilities shall be issued for up to a five-year period and shall expire automatically unless renewed. Unless, as determined in the special use permit review process, the unique character of the particular neighborhood in which the proposed use is to be located allows for a greater intensity of use, the following standards of intensity of use numbered Subsection D(2)(a), (b) and (c) shall apply. In any case, the following standard in Subsection D(2)(d) shall apply. Failure to comply with items in Subsection D(2)(a), (b), (c) and (d) below shall be grounds for revocation of a special use permit prior to its expiration date. Permit holders shall, at least once every 12 months, certify, in writing, to the Code Enforcement office, compliance with all terms of the permit that were specified by the issuing body as well as compliance with items in Subsection D(2)(a) through (d) below or modifications to Subsection D(2)(a) through (d) below made by the issuing body.
(a)
No more than one client/customer shall be on the premises at
any time.
(b)
Hours of operation shall be limited to 8:00 a.m. to 5:00 p.m.
and days of operation to Monday through Friday.
(c)
All activities associated with the home occupation shall be
conducted indoors.
(d)
Such uses shall be permitted only in single-family owner-occupied
homes.
E.
Class B home occupations. All home occupations listed as permitted home occupations under § 300-31B but which do not qualify as Class A home occupations under § 300-31D are Class B home occupations. Class B home occupations are permitted in the zoning districts specifically identified in the Bulk and Use Tables[3] found in the Appendix. Class B home occupations are permitted
by special use permit only.
(1)
General standards.
(a)
The standards contained in Subsection D(1) shall apply to limited barbershops, hairstylists, and client/customer on-site-based office facilities. Additional standards applicable to limited barbershops, hairstylists and client/customer on-site-based office facilities: These standards apply to home occupations listed in Subsection B under permitted home occupations, Subsection B(1), (2) and (8), which are characterized by having customers or clients on site, and are applicable to such uses in addition to the standards contained in Subsection D(1) above. Special use permits for limited barbershops, hairstylists and client/customer on-site-based office facilities shall be issued for up to a five-year period and shall expire automatically unless renewed. Unless, as determined in the special use permit review process, the unique character of the particular neighborhood in which the proposed use is to be located allows for a greater intensity of use, the following standards of intensity of use numbered Subsection E(1)(a)[1], [2] and [3] shall apply. In any case, the following standard in Subsection E(1)(a)[4] shall apply. Failure to comply with items in Subsection E(1)(a)[1], [2], [3] and [4] below shall be grounds for revocation of a special use permit prior to its expiration date. Permit holders shall, at least once every 12 months, certify, in writing, to the Code Enforcement office, compliance with all terms of the permit that were specified by the issuing body as well as compliance with items in Subsection E(1)(a)[1] through [4] below or modifications to Subsection E(1)(a)[1] through [4] below made by the issuing body.
[1]
No more than one client customer shall be on the premises at
any time.
[2]
Hours of operation shall be limited to 8:00 a.m. to 5:00 p.m.
and days of operation to Monday through Friday.
[3]
All activities associated with the home occupation shall be
conducted indoors.
[4]
Such uses shall be permitted only in single-family owner-occupied
homes.
(b)
Other Class B home occupations. Standards applicable to other
Class B home occupations:
[1]
Only the members of the household occupying the premises as
their primary residence and a maximum of one nonresident employee
may conduct the activity.
[2]
Outdoor display of goods or outdoor storage of equipment or
materials used in the home occupation shall be permitted if screened
at all seasons of the year from the view of adjacent lots and streets;
shall not be located in front yards; does not pose a nuisance to adjacent
property owners; and the general landscaping of the site shall be
in character with that generally prevailing in the neighborhood.
[3]
In no way shall the appearance of the structure be altered nor
shall the activity within the residence be conducted in a manner which
would cause the premises to differ from its residential character,
or from residential character generally, except that a single sign
not exceeding six square feet in area shall be permitted.
[Amended 9-10-2020 by Ord. No. 2-2020]
See definition in § 300-4.
A.
Authority to grant or deny permits for short-term rentals. The Code
Enforcement Officer shall have the authority to issue new and annual
renewal permits under this provision.
B.
Fee. Every application for a permit shall be accompanied by a nonrefundable
fee, which shall be set by resolution from time to time by the Common
Council of the City of Oneonta.
C.
New applications for short-term rentals shall be subject to the following:
(1)
Districts permitting new short-term rentals. Upon the adoption of
the 2011 City Zoning Code, new rentals will only be allowed in the
MU-1, MU-2, R-4 and CII Districts; or in all other districts where
the following conditions are met:
(a)
The property is offered for tourist or transient use by the permanent
resident of the property.
(b)
The permanent resident has been issued a short-term rental permit
by the Code Enforcement Office permitting tourist or transient use
at the property.
(c)
The permanent resident is the legal owner of the property and can
provide all supporting documentation as required by this Code.
(2)
Shared driveways. If there is a shared driveway and each property
is owned by different owners, the application will be denied unless
each property owner states in writing that they have no objection
to the issuance of the permit. If all properties involved are owned
by the same owner, this restriction shall not apply.
(3)
Application
for a short-term rental permit must be filed by the legal owner of
the property or by an approved agent acting on behalf of the legal
owner.
D.
Renewal applications for short-term rentals shall be subject to the
following:
(1)
Any short-term rental property that received a permit for the 2011
summer rental season may apply for renewal. Application for renewal
of a short-term rental permit must be filed by the legal owner of
the property or by an approved agent acting on behalf of the legal
owner. In order to be considered a renewal, the property must have
been issued a permit in the immediately preceding year. All other
applications shall be considered new applications. Prior years' issuance
of a permit does not imply/guarantee approval of subsequent applications.
(2)
Conditions for denial of permit renewal. The City of Oneonta Code
Enforcement Office shall deny renewal of a permit for short- term
rentals based on any or all of the following criteria:
(a)
That there are current code violations or expired reports, forms
or certifications.
(b)
That the applicant property fails to meet all standards of the certificate
of substantial compliance.
(c)
That tenants, residents or owners at the property were issued more
than two noise ordinance violations during the previous 12 months.
(d)
The property has been declared blighted in the previous 12 months
and has failed to complete a restoration agreement.
(e)
The property is a "public nuisance" per the definition found in Chapter 184 of the City of Oneonta Code.
(f)
In Zones R-1, R-2, R-3 and U, the permanent resident fails to provide
all required documentation certifying the property is their primary
residence.
E.
Property requirements/required materials to be provided with application.
The following requirements must be met and proof submitted with applications.
Proof may include photocopies, photographs, signed application statements,
or other verifiable information. Other materials such as information
on tenant rules, code of conduct, or property safety features may
be included.
(1)
All applications for short-term rentals must include a copy of a
current and valid certificate of substantial compliance issued by
the City of Oneonta Code Enforcement office.
(2)
Emergency contact information. Such information shall include, but
not be limited to: the name, addresses and phone numbers of the building
owner, if local, or a local agent, and second local contact person
who will be available for problems/emergencies that may arise. A local
agent shall be a person that meets the criteria for local agents defined
in the Code of the City of Oneonta as one who can respond in person
to calls within one hour. "Nonresident owners," as that term is used,
shall be defined as those persons that reside outside of the following
zip code areas: 12116, 12155, 13348, 13415, 13747, 13750, 13751, 13753,
13757, 13775, 13776, 13796, 13806, 13807, 13808, 13810, 13820, 13825,
13834, 13846, 13859, 13860, and 13861. The above emergency contact
information, as well as instructions for dialing 911 for emergency/fire/ambulance
assistance, shall be posted on or about the inside of the front or
main door of each short-term rental occupancy dwelling unit.
(3)
All applicants must contact the Code Enforcement office to obtain
a list of all property owners within a two-hundred-foot radius of
proposed short-term rentals and notify these property owners, in writing,
via regular first-class mail, of the dates they plan to rent their
property. This notification must include the name and phone numbers
of at least two local agents who will be available for problems/emergencies
that may arise and whom neighbors may contact in the event of complaints
or problems with the short-term rental.
(4)
That the property has at least one off-street parking space for each
rental dwelling unit. Exception: in the MU-1 District.
(5)
That the property owner will comply with all applicable occupancy
limitations of the City of Oneonta Municipal Code. A scaled floor
plan sketch showing dimensions, room uses, and door and window locations
is required for all new applications; renewal applications shall provide
a floor plan if any change has been made to the structure since the
last permit was issued.
(6)
The
property owner maintains, and provides proof of, liability insurance,
appropriate to cover the short-term residential rental use or conducts
each short-term residential rental transaction through a hosting platform
that provides required coverage. Such coverage shall defend and indemnify
the owner(s), as named additional insured, and any tenant(s) in the
building for their bodily injury and property damage arising from
the short-term residential use.
(7)
The
City of Oneonta short-term rental permit number shall be provided
on all booking service provider sites or hosting platforms or in any
advertisements for the short-term rental. Failure to include the permit
number on rental advertisements shall be a violation of this Code.
F.
Additional application requirements specific to R-1, R-2, R-3 and
U Districts.
(1)
In
R-1, R-2, R-3, and U Districts the applicant must provide at least
two of the following:
(a)
Motor vehicle registration listing the proposed short-term rental
property as the primary address of the applicant.
(b)
Driver's license or equivalent identification card listing the proposed
short-term rental property as the primary address of the applicant.
(c)
Voter registration listing the proposed short-term rental property
as the primary address of the applicant.
(2)
In
R-1, R-2, R-3, and U Districts, the applicant must provide a copy
of any tax documents showing the proposed short-term rental property
as the permanent resident's primary residence for the purposes of
a homeowner's tax exemption.
(3)
In
R-1, R-2, R-3, and U Districts, the applicant must provide the Code
Enforcement Office with any dates that the property will be under
contract for short-term rental use. Any changes to these dates shall
be made in writing five days prior to any rental use.
(4)
If
the permanent resident will not be present during any time in which
the property is utilized for transient or tourist use, a local agent
as outlined above must be provided with the application for a short-term
rental permit.
G.
Approval or denial. The Code Enforcement Officer shall have the authority
to immediately approve the application if all required documentation
and other pertinent information has been submitted and meets all review
criteria as set forth in this chapter.
H.
Revocation
of short-term rental permit. The Code Enforcement Officer shall have
the authority to revoke a short-term rental permit if the property
is found to be in violation of this Code. Notification for the revocation
of a short-term rental permit shall be in writing and shall provide
the violation of this Code along with any violation notifications
and provide the process for appeal.
I.
Fines
and penalties/failure to obtain a permit; short-term rental without
a permit. An administrative penalty shall be imposed against the owner
of the premises for every day said premises are rented as a short-term
rental without a permit; the amount of the penalty will be set by
resolution from time to time by the Common Council of the City of
Oneonta. Such penalty shall be determined upon investigation and determination
by the Code Enforcement office. The property owner shall be notified,
in writing, of any violation or imposition of a penalty or fee and
the process for appeal. Any finding and/or imposition of a penalty
or fee may be appealed, in writing, to the Board of Public Service
within 30 days of the notice of violation. A claim of ignorance of
the provisions of this statute shall not be a basis for appeal. Any
amount of an administrative penalty or fee which is not paid within
30 days of notice or within 30 days after appeal shall be charged
an additional administrative penalty or fee of 12% interest and the
same shall be re-levied upon the real property taxes for the property
and become a lien against the premises.
A bed-and-breakfast establishment is permitted in accordance
with the Bulk and Use Tables[1] found in the Appendix, subject to the following standards.
A.
A bed-and-breakfast shall only be established in a single-family
detached dwelling.
B.
A maximum of five guest rooms and a maximum of 10 overnight guests
at any time shall be permitted in any one bed-and-breakfast establishment.
C.
No food preparation, except beverages, is allowed within individual
guest rooms. Meal service may only be provided to overnight guests.
D.
All parking areas on property (except driveways) shall be behind
the required building setback line and shall be screened from the
view of adjacent residences to a height of six feet by a solid screening
fence, or by dense shrubs and vegetation.
E.
The operator of the bed-and-breakfast shall be a full-time owner-occupant
resident of the dwelling in which the bed-and-breakfast establishment
is housed.
F.
The Planning Commission shall use as criteria for the granting of
a special use permit:
(1)
The square footage of the lot dedicated to the use of the bed-and-breakfast
business compared to the total square footage of the building or buildings
intended for the bed-and-breakfast usage.
(2)
Adequate parking site adjacent to or available to the building intended
for the use.
(3)
Use of surrounding properties and density of dwellings proximate
to the subject property.
(4)
Upon renewal, violation of any law, rule, regulation or ordinance
of the City of Oneonta, the State of New York or the United States
of America arising out of the use of the property as a bed-and-breakfast.
(5)
Any other matter which impacts (either positively or negatively)
upon the zone where the special permit is intended to be used or upon
the community as a whole.
G.
The Planning Commission shall have the authority to impose additional
reasonable conditions and restrictions as are directly related to
and incidental to the proposed bed-and-breakfast establishment.
H.
Special use permits for bed-and-breakfasts shall expire 10 years
from issuance, or upon sale of the building so used, or upon the owner
no longer continuously occupying and operating the business, whichever
shall sooner occur.
[Amended 2-26-2020 by Ord. No. 1-2020; 10-25-2022 by Ord. No. 2-2022]
A.
Operating permit required. All fraternity, sorority and membership
association houses shall apply for, and obtain, operating permits
annually prior to May 31. Applications for operating permits shall
be to the Code Enforcement Office on forms provided by that office.
B.
Before an operating permit is issued by the Code Enforcement Officer,
the proposed fraternity, sorority or membership association house
shall be considered by the City of Oneonta Common Council at a public
hearing. Notice of said hearing shall be given in accordance with
provisions of law.
C.
All existing fraternity, sorority, chapter and membership association
houses existing on the date of adoption of this section shall apply
for and obtain operating permits annually prior to May 31.
D.
Failure of a fraternity, sorority, chapter or membership association houses to apply for or failure to be granted a required permit shall be subject to section § 300-34G of this Code and shall cease to function as fraternity, sorority, chapter or membership association houses. See also § 300-70B(2).
E.
Conditions for denial of permit renewal. The City of Oneonta shall
deny renewal of a permit for fraternity, sorority, chapter or membership
association houses based on any or all of the following criteria:
(1)
The property fails to meet the standards of the certificate of compliance.
(2)
That tenants at the property were issued more than three noise ordinance
violations during the previous 12 months.
F.
Temporary permitting. An operating permit for a fraternity, sorority,
chapter or membership association house may be granted for a limited
term of up to one year and may be extended for additional periods
by the issuing body. However, an operating permit shall expire if
the use is discontinued for more than six months.
G.
Penalties/failure to obtain an operating permit; operation of a fraternity,
sorority, chapter and membership association house without a required
permit. An administrative penalty shall be imposed against the owner
of the premises for every day said premises are operated as a fraternity,
sorority, chapter and membership association house without a required
permit; the amount of the penalty will be set by resolution from time
to time by the Common Council of the City of Oneonta. Such penalty
shall be determined upon investigation and determination by the Code
Enforcement office. The property owner shall be notified, in writing,
of any violation or imposition of a penalty and the process for appeal.
Any finding and/or imposition of a penalty may be appealed, in writing,
to the Board of Public Service within 30 days of the notice of violation.
A claim of ignorance of the provisions of this statute shall not be
a basis for appeal. Any amount of an administrative penalty which
is not paid within 45 days of notice or within 45 days after appeal
shall be charged an additional administrative penalty of 12% interest
and the same shall be re-levied upon the real property taxes for the
property and become a lien against the premises.
H.
Parking. Fraternities, sororities and membership association houses
must demonstrate that they will provide and maintain a parking access
and management arrangement sufficient to serve the parking and access
demands associated with chapter meetings, formal and informal social
activities, or other on-site events which include the attendance of
persons other than those who reside on the property. Such parking
and access arrangements may include, but are not limited to, the provision
of additional on-site parking, the use of private off-premises parking,
the use of public parking in municipal lots or on-street spaces, and
the availability of bus or shuttle service or carpooling arrangements.
I.
Minimum floor space. At a minimum, fraternity, sorority and membership
association houses shall have 3,000 square feet of usable floor area.
Single- or two-family structures containing 3,000 square feet or less
at the time of adoption of this chapter may not be converted to fraternity,
sorority or membership association houses.
K.
Maintenance and building standards. The following standards shall
apply to the exterior maintenance and building standards for all fraternity,
sorority, chapter and membership association houses:
(1)
The exterior shall be maintained in a sanitary condition and shall
be in good overall repair. It shall not pose a threat to the health,
welfare or safety of the public.
(2)
All exterior surfaces that are subject to damage from the elements
shall have a protective coating of paint. All breaks in the building
envelope, siding or masonry joints or any other areas subject to water
penetration shall be kept weathertight. Any failures in protective
coatings or of the weather tightness of the building envelope shall
be repaired.
(3)
All exterior walls, foundations and structural members shall be maintained
in good repair, weathertight, free from penetrations and capable of
supporting all imposed live and dead loads.
(4)
All roofing shall be maintained in a condition that is sound, tight
and does not admit rain or weather. Gutters, roof drains or other
water diversion elements shall be maintained and discharge water in
an approved manner.
(5)
Any existing decorative or architectural elements that are original
to the structure shall be maintained in good repair and, where required,
properly coated with a protective coating.
(6)
Porches, decks, stairways, balconies and all railings, guards, and
associated building elements shall be maintained in good repair, structurally
sound and capable of supporting all loads imposed upon them.
(7)
All windows and doors shall be weathertight, be in good repair and
shall function as intended. All associated hardware shall be in good
repair and function as intended per the manufacturers design.
(8)
The exterior of the property and premises shall be free from any
accumulation of rubbish or garbage. Rubbish shall include furnishings
or housewares that are constructed of materials not suitable for exterior
conditions or are constructed or designed for interior use.
(9)
All containers used to accumulate rubbish, garbage or any waste material
shall be stored in a manner that it is not visible from the public
right-of-way.
(10)
All sidewalks adjacent or abutting the parcel housing the fraternity,
sorority, chapter or membership association house shall be cleared
of snow and ice everyday by 9:00 a.m.
(11)
All exterior property or parcel areas shall be free from weeds
or plant growth in excess of 10 inches. Cultivated flowers or gardens
are exempt.
(12)
No exterior evidence of the fraternity, sorority, chapter or
membership association house shall be permitted except one sign shall
be allowed not to exceed two square feet. This sign shall be fixed
to the structure housing the fraternity, sorority, chapter or membership
association house. The permitted sign shall be maintained in good
repair and, if required, shall have a protective coating.
A.
All preexisting single-wide mobile homes installed and occupied pursuant
to this section shall conform to the New York State Code, Rules and
Regulations.
B.
All mobile homes installed and occupied pursuant to this section
shall also comply with such additional construction requirements as
may be required by the Planning Commission.
C.
All single-wide mobile homes must be located in a mobile home park.
D.
All mobile homes located in a mobile home park must be skirted prior
to the issuance of a certificate of occupancy.
E.
No mobile home or communal recreation area in a mobile home park
shall be located within 40 feet of a preexisting single-family or
two-family residential lot.
F.
Private roads providing access to individual lots in a mobile home
park shall have pavement as required by the City of Oneonta Engineering
Department.
G.
Every mobile home park shall provide common recreational open space
furnished with suitable equipment at a standard of 100 square feet
per dwelling unit with a minimum area of 1,600 square feet per area.
H.
Mobile home parks shall be served by public water and sanitary sewers.
A.
Regulations applicable to those bars, cabarets, and nightclubs existing
on the effective date of this section and located outside of districts
where such uses are permitted.
(1)
Expansion prohibited. No bar, cabaret, or nightclub shall be expanded
in either square footage of floor area, permitted maximum occupancy,
or other unit of intensity. For purposes of determining whether or
not a change in a bar, cabaret, or nightclub is a change in intensity,
all changes shall be monitored by the Code Enforcement Officer. The
Code Enforcement Officer shall be notified, in writing, by the owner
or lessee, of all proposed changes. Upon completion of review of a
proposed change, the Code Enforcement Officer shall issue a letter
of determination to the owner or lessee.
B.
Establishment or expansion by variance procedure and expansion by
expansion of nonconforming use procedure. Approval of a variance or
expansion of a nonconforming use application by the Zoning Board of
Appeals for the establishment of a new bar, cabaret, or nightclub,
or for an increase in intensity of an existing bar, cabaret, or nightclub,
shall be subject to site plan review by the Planning Commission for
the establishment and expansion of permitted bars, cabarets, and nightclubs.
C.
Abandonment and discontinuance. Any bar, cabaret, or nightclub, which
is abandoned, or in which operations have been discontinued for a
period of six consecutive months, shall not be permitted to be reestablished,
except in accordance with the permitting requirements of this chapter
for new bars, cabarets, and nightclubs.
D.
Additional requirements for operation; "three strikes provision";
control of disorderly premises.
(1)
Upon any arrest or conviction of a patron, staff or owner for illegal activity on or about a licensed premises as defined by the New York State Liquor Authority, being a violation of the laws of either the City of Oneonta or New York State alcohol beverage control laws relating to the operation, ownership or licensing of any bar, cabaret or nightclub, the City Clerk may send a notice of such violation by registered mail to the premises, including a copy of this subsection and Subsections E, F and G below.
(2)
If, within any ten-year period of such arrest or conviction, there is an additional conviction of a patron, staff or owner for illegal activity on or about a licensed premises, as defined by the New York State Liquor Authority, of the laws of either the City of Oneonta or New York State alcohol beverage control laws relating either to the ownership or licensing of any bar, cabaret or nightclub, the City Clerk shall send a notice of such violation by registered mail, including a copy of this subsection and Subsections E and F below, and those premises shall immediately be allowed to continue operation only with a valid special use permit issued by the Common Council as set forth in Subsection E.
(3)
Upon any felony conviction under City of Oneonta laws and/or New York State alcohol beverage control laws related to patron, staff or owner activity on or about a licensed premises as defined by the New York State Liquor Authority, the City Clerk shall send a notice of such conviction by registered mail, including a copy of this subsection and Subsections E and F below, and those premises shall immediately be allowed to continue operation only with a valid special use permit issued by the Common Council as set forth in Subsection E.
(4)
All notices required herein shall be effective if mailed to the address
on file for the licensee/owner.
E.
If required by Subsection D, a special use permit shall be required to operate a bar, cabaret or nightclub. Submission of a completed application for such special use permit shall be required of the owner or licensee of any bar, cabaret or nightclub within 60 days of the date of mailing of the notification by the City Clerk to the licensed premises. If said application is not submitted and certified as complete by the City Clerk within the time required, continued operation as a bar within the City shall be in violation of the Zoning Law of the City of Oneonta, and said operation shall terminate. If said operation shall continue, an administrative penalty shall be assessed against the licensee of said premises in the amount of $1,000 per day for each day of such continued operation. In addition thereto, the City Attorney is authorized to take any enforcement action against the premises for violation of this provision, and the cost of any such enforcement shall be added to the administrative penalty. Nothing within this provision shall entitle an owner or licensee to any right to continue operation as a prior nonconforming use.
F.
A special use permit for a bar, cabaret, or nightclub, as required under § 300-36D, may initially be granted for a limited term of up to two years. Subsequent special use permit renewals may be granted to coincide with tavern license renewal dates or any other time period as determined by the issuing body. However, a special use permit shall expire if the special use shall be discontinued, for any reason, for more than six months.
G.
Special use permits: standards and requirements for bars, cabarets, and nightclubs. In addition to the requirements outlined under § 300-29, Special use permits, when an application is reviewed for a special use permit for a bar, a cabaret, or a nightclub, the following shall be considered and applied:
(1)
Zoning. Bars, cabarets, and nightclubs shall be located only in areas
of the City of Oneonta specifically zoned for such uses.
(2)
Facilities requirements. Bars, cabarets, and nightclubs shall comply
with all applicable state and local building, fire, health, and safety
codes.
(3)
Security and operational requirements. Bars, cabarets, and nightclubs
shall comply with all applicable state and local building, fire, health,
safety, and operational requirements. Each application for a special
use permit for a bar, cabaret, or nightclub shall include a management
operations plan, which shall include but not be limited to a detailed,
thorough, and effective plan for addressing each item listed below
and any other items as required by the Planning Commission. In a case
where no policy or procedure exists, the management operation plan
must reference the item and so state (i.e., "establishment has no
dress code for patrons other than what is required by New York State
health laws").
(a)
Violence control policy and procedures.
(b)
Method(s) of ensuring secure emergency communication to the
City of Oneonta Police Department and the City of Oneonta Fire Department.
(c)
Evacuation plan and evidence of evacuation drills supervised
by professionals in the field of firesafety.
(d)
Name of owner and of daily on-site employee(s) with authority
to act in owner's absence.
(e)
Annual risk management training and review, preferably by the
liability insurance carrier for the establishment.
(f)
Controls to prevent excessive drinking.
(g)
Controls to prevent underage drinking.
(h)
Controls to manage noise.
(i)
Controls to manage crowds.
(j)
Current certification and continuing training for owners and
primary operational and management staff from New York State certified
alcohol training awareness program schools, such as TIPS and I'm Smart.
(k)
Annual orientation and training of all employees, with training
verification signed and dated by employees, in principles of New York
State certified alcohol training awareness program schools, such as
TIPS and I'm Smart.
(l)
Requirements for security (bouncer) staff, including ability
to control patrons and crowds and requirements for ongoing training.
(m)
Dress code for staff.
(n)
Dress code for patrons.
(4)
Review criteria. At the time of initial application for a special
use permit, and subsequent renewals, the Planning Commission will
consider the following among its criteria for the initial award or
subsequent renewal of a special use permit for a bar, cabaret, or
nightclub. In addition, the Planning Commission may request any or
all documentation or reports pertaining to its review:
(a)
Management operation plan as defined above.
(c)
Compliance with the provisions of the City of Oneonta Zoning
Code applicable to occupancy, density, and use.
(d)
Compliance with all applicable facilities requirements, including
review of reports of the City of Oneonta Code Enforcement office.
(e)
Compliance with all applicable building, fire, health and safety
regulations.
(f)
Reports of incidents as recorded by the City of Oneonta Police
Department.
(g)
Reports of incidents as recorded by the City of Oneonta Fire
Department.
(h)
Reports of incidents and activities as filed with the Alcoholic
Beverage Control (ABC) Board.
(i)
Proactive actions by the establishment within the past two years
targeted towards reducing potential risk and liability, reducing the
possibility of underage and excessive drinking, supporting staff in
becoming trained in New York State certified alcohol training awareness
program schools, such as TIPS and I'm Smart.
(5)
Action and response. Each special use permit issued shall list as
conditions that the City of Oneonta reserves the right, in response
to noncompliance with the standards as outlined and referenced in
this section, to require modifications to facilities and to operational
limitations, and to impose penalties, including but not limited to:
(6)
Automatic revocation of a special use permit. Subsequent to the issuance
of a special use permit to any bar, cabaret or nightclub, any conviction
within a ten-year period under City of Oneonta laws and/or New York
State alcohol beverage control laws related to patron, staff or owner
activity on or about a licensed premises, as defined by the New York
State Liquor Authority, shall result in the revocation of such special
use permit within 30 days. Notification of such revocation shall be
sent by the City Clerk by registered mail to the licensed premises.
A.
In addition to the information required for site plan review, as specified in Article VII, the site plan submitted shall also show the location and number of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth that the tanks will be placed below the ground, the number and location of pumps to be installed and the type of structure and accessory buildings to be constructed.
B.
All fuel pumps shall be located at least 25 feet from any street
or property line.
C.
The entire area of the site traveled by motor vehicles shall be hard
surfaced.
D.
Any repair of motor vehicles shall be performed in a fully enclosed
building, and no motor vehicle shall be offered for sale on the site,
except in accordance with an approved site plan. No motor vehicle
parts or partially dismantled motor vehicle parts or partially dismantled
motor vehicle shall be stored outside of an enclosed building.
E.
Up to five unlicensed motor vehicles may be temporarily stored, for
not exceeding two months, at a repair or service establishment if
adequate off-street parking spaces are available.
F.
Landscaped area. A ten-foot-wide landscaped area shall be provided
along all gasoline service station property lines, excluding points
of ingress and egress and property lines adjacent to existing commercial
uses. The landscaped area shall be densely populated with a mixture
of shrubs, trees and fence, no less than six feet high, which will
create an opaque buffer.
G.
Accessory uses; gasoline service stations. The following accessory
uses shall be permitted pursuant to a special use permit procedure
in gasoline service stations only:
(1)
Rental trailers. An additional 100 square feet of area shall be provided
for each rental trailer. Not more than 10 rental trailers shall be
stored on site at one time. Storage shall be to the rear of the front
building line.
(2)
Rental trucks. An additional 200 square feet of area shall be provided
for each rental truck. Not more than eight trucks shall be stored
on a site at any one time. Storage shall be to the rear of the front
building line.
(3)
Rental combination. Where both trailers and trucks are offered for
rent, not more than 12 units total shall be located on a site at any
one time.
H.
No motor vehicle establishment with fuel-dispensing equipment shall
be located within 300 feet of any public entrance to a church, school,
library, hospital or charitable institution. Such distance shall be
measured in a straight line from said public entrance to the lot line
nearest said entrance along the street line.
I.
Illumination originating from a canopy shall only be directed towards
the ground. Canopies shall not be any larger than is necessary to
contain extinguisher systems, fuel supply systems, and other necessary
utilities.
J.
No motor vehicles left for service shall be parked nearer than 30
feet to the street line or lines of the lot, nor left on the lot for
a period exceeding 30 days.
Kennels shall be subject to the following requirements:
A.
Demonstration that the kennel will not create nuisance conditions
for adjoining properties due to noise or odor.
B.
Demonstration that all animals will be confined to the property.
C.
Demonstration of adequate methods for sanitation and sewage disposal.
D.
Every kennel and its associated outside animal runs shall be located
at least 150 feet from the nearest dwelling (other than the owner
or user of the property) and at least 50 feet from any lot line.
Temporary use permits may be issued by the Code Enforcement
Officer for a period not exceeding one year for nonconforming uses
incidental to housing and construction projects, including such structures
and uses as the storage of building materials and machinery, the processing
of building materials, a real estate office located on the tract being
offered for sale or a temporary dwelling, such as a recreational vehicle
with appropriate provisions for water supply and sewage disposal used
during construction of a dwelling, provided that such permits are
conditioned upon agreement by the owner or operator to remove the
structure or structures or use upon expiration of the permit or issuance
of any applicable certificate of occupancy. Such permits may be renewed
upon application to the Code Enforcement Officer for additional periods
not exceeding one year.
Residential swimming pools shall comply with the Property Maintenance
Code of New York State, as well as other relevant sections of the
New York Code, Rules and Regulations. Pool and deck placement shall
comply with structure setback requirements of the applicable zoning
district. In addition, swimming pools shall be subject to the following
requirements:
A.
Location. All swimming pools and the appurtenances thereto shall
be constructed and located so as to have a yard not less than 10 feet
in width on all sides except where the pool is attached to, or part
of, a principal structure.
B.
Setback for corner lots. All swimming pools constructed on corner
lots shall conform to the setback required for a principal residential
structure on the secondary or side streets.
C.
Fences. For the protection of the general public, all swimming pools
shall be effectively fenced by an artificial enclosure not less than
four feet in height. For pools projecting above the ground and which
are self-enclosed by the exterior projections thereof, said enclosures
shall be construed to satisfy the requirements of this provision,
provided they are not less than four feet in height above the ground,
and provided further that any openings in the enclosure affording
access to the pool proper be provided with a gate containing an automatic
or manual locking device affixed in such a manner as to exclude small
children.
D.
Artificial lighting. Artificial lights for the illumination of swimming
pools shall be designed, constructed and maintained so that no direct
ray shall cross any property line.
E.
Maintenance equipment. All heating, filtering, disinfectant and recirculation
equipment shall not be located at any point within 10 feet from adjacent
property lines and shall be effectively screened and enclosed so as
to not adversely affect the character of surrounding properties; no
equipment shall be permitted, the use of which by reason of the emission
of noise, vibrations, dust or odors would be considered obnoxious
or dangerous to the health and safety of the public.
F.
Municipal pools excluded. The provisions of this section shall not
be applicable to municipal swimming pools.
A.
The owner(s) of the lot upon which the accessory dwelling unit is
located shall reside within the principal or accessory dwelling unit.
B.
An owner of a lawful single-family dwelling shall be permitted one
accessory dwelling unit.
C.
Accessory dwelling occupancy shall not exceed two persons and shall
consist only of the owner, or relatives of the owner, either by blood
or marriage, of at least one of the occupants of the principal dwelling
unit, or of full-time caretakers of an incapacitated resident owner.
D.
An accessory dwelling unit may be located either in the principal
building or in an existing accessory building.
E.
The floor area for an accessory dwelling unit shall not exceed 35%
of the floor area of the principal dwelling unit.
In addition to the standards specified in this section, drive-through facilities are subject to the regulations found in § 300-63 of this chapter.
A.
All vehicle stacking areas shall be clearly identified through the
use of pavement markings, and/or curbing and landscaping features
and shall be designed so they do not interfere with safe pedestrian
and vehicle circulation on the site or along the public right-of-way.
B.
The length of stacking areas shall be determined by the maximum length
of stacking required to serve vehicles during the facility's peak
hour of operation.
C.
All drive-through establishment vehicle stacking areas shall be located
a minimum of 30 feet from any lot line adjoining a residential property.
D.
Any speaker system installed as part of the drive-through establishment
shall be located a minimum of 30 feet from any property line adjoining
a residential property.
F.
Drive-through menu boards and ordering windows shall be located completely
behind the structure at the rear of the property. Fifty percent of
the total stacking lanes shall be located at the rear or side of the
property and must be shielded from view by the building, hardscape
or landscape treatments.
G.
Each parcel with a drive-through facility shall be limited to one
point of shared ingress and egress. Where possible, cross access to
the closest shared drive shall be provided.
H.
Noise. Decibel levels shall not exceed 60 dBA at the closest residential
property line.
I.
Fences and buffers shall be provided in accordance with this chapter.
J.
Luminaries or lighting fixtures shall not exceed 16 feet in height
in vehicular areas and 10 feet in height in pedestrian areas.
K.
Flood and area lighting shall be prohibited.
L.
No outdoor lighting shall have an intensity greater than 0.5 footcandle
at the development property line.
A.
Intent. Residences and commercial establishments situated within
the City of Oneonta are entitled to clean air and environmental circumstances
free of unreasonable dust, obnoxious odors, noxious fumes and smells,
as well as an environment free of stored debris and storage of combustible
fuels in adjacent or exposed exterior areas within densely populated
areas. The adoption of this section establishes restrictions on the
construction and operation of outdoor furnaces within the limits of
the City for the purpose of promoting the public health, comfort,
convenience, safety, welfare and prosperity of the City and its inhabitants.
B.
Existing outdoor furnaces. Any outdoor furnace in existence on the
effective date of this chapter shall be permitted to remain, provided
that the owner applies for and receives a permit, subject to the requirements
of this section, from the Planning Commission within one year of such
effective date.
C.
New installations of outdoor furnaces are prohibited in the City
of Oneonta.
D.
Permit required. Any person wishing to continue to use an existing
outdoor furnace installed in the City of Oneonta must secure a permit
from the Planning Commission. The permit fee shall be established
by the Common Council and shall include furnishing the following information:
E.
Location, use and restrictions. Any outdoor furnaces must comply with § 300-63, Performance standards, in addition to the following regulations.
(1)
All outdoor furnaces must be set a minimum of 50 feet from any property
line.
(a)
If located more than 50 feet but no more than 100 feet from
any residence not served by the furnace, the height of the stack must
be at least 75% of the height of the eave line of that residence,
plus an additional five feet.
(b)
If located more than 100 feet but no more than 150 feet from
any residence not served by the furnace, the height of the stack must
be at least 50% of the eave line of that residence, plus an additional
five feet.
(c)
If located more than 150 feet but no more than 200 feet from
any residence not served by the furnace, the height of the stack must
be at least 25% of the height of the eave line of that residence,
plus an additional five feet.
(2)
The use of such furnaces must follow all operating instructions supplied
by the manufacturer.
(3)
All units must be EPA qualified hydronic heaters.
(4)
Outdoor furnaces and associated installation shall be subject to
inspection by the Code Enforcement Officer at any reasonable time
to assure compliance with the terms hereof.
(5)
Fuel substances permitted for combustion in an exterior furnace installation
shall be limited to the following:
(a)
Natural gas, propane, home heating oil, coal and wood.
(6)
Fuel substances prohibited for combustion in an exterior furnace
installation shall include the following: industrial waste, rubber,
plastic, used motor oil, toxic chemicals, contaminated waste, yard
waste, household garbage, cardboard and wastepaper, animal waste and
any material prohibited for combustion by federal, state or county
statute.
(7)
No exterior furnace shall be utilized in any manner as a waste incinerator.
A.
Legislative intent. The City of Oneonta recognizes the increased
need and demand for wireless communications transmitting facilities.
Often these facilities require the construction of a communications
tower. The intent of this section is to protect the City's interest
in siting telecommunications facilities in a manner consistent with
sound land use planning by:
(1)
Minimizing visual effects of facilities through careful design, siting
and vegetative screening.
(2)
Avoiding potential damage to adjacent properties from tower failure
through engineering and careful siting of tower structures.
(3)
Maximizing use of any existing towers, buildings and structures.
(4)
Allowing wireless service providers to meet their technological and
service objectives for the benefit of the public.
B.
Approval of telecommunications facilities.
(1)
No telecommunications tower shall hereafter be used, erected, moved,
reconstructed, changed or altered except after the granting of a special
use permit by the City Planning Commission and in conformity with
the provisions of this section. No existing structure shall be modified
to serve as a telecommunications tower unless in conformity with this
section.
(3)
In reviewing an application for a special use permit for a telecommunications
tower, the Planning Commission shall, at a minimum, require that the
following criteria be met:
(a)
Approval of lease. On municipal or government-owned property,
a telecommunications facility shall be permitted upon execution of
a lease with the municipality or the government entity and upon the
issuance of a building permit. For any property owned by the City
of Oneonta, all leases shall be approved by a majority vote of the
Common Council and shall address relevant issues of safety, height,
aesthetics, setbacks, future expansions of the facility and co-location.
A telecommunications facility on municipal or government-owned property
shall not require review or approval from the Planning Commission.
(b)
Site plan approval. A telecommunications facility which does not require the construction of a new tower shall be permitted upon site plan approval from the Planning Commission in accordance with the standards set forth in Subsection C, Standards for site plan review, and upon the issuance of a building permit.
(c)
Expanded site plan approval. Where a new tower is required, a telecommunications facility shall be permitted upon expanded site plan approval from the Planning Commission in accordance with the standards set forth in Subsection E, Standards for expanded site plan review, and upon the issuance of a building permit.
C.
Standards for site plan review. The following standards, criteria
and requirements shall apply to each site plan review by the Planning
Commission for a telecommunications facility:
(1)
Location. Preference shall be given that the proposed facility be
located in a higher-use district or on higher-intensity-use property.
Such preference, from most favorable to least favorable, is as follows:
(2)
Safety. The applicant must comply with all applicable state and federal
regulations, including but not limited to FAA and FCC regulations.
(3)
Height. Telecommunications facilities on buildings or structures
shall be no higher than 60 feet from the ground, unless the applicant
submits sufficient information to justify a greater height as the
minimum necessary to achieve its coverage objectives.
(4)
Aesthetics.
(a)
The telecommunications facility shall be situated in a manner
that minimizes its proximity and visibility to residential structures.
(b)
Every effort shall be made to camouflage the facility within
or behind architectural features to limit its visibility from public
ways and residential uses while still permitting the facility to perform
its designated function.
(c)
Facilities mounted on a roof shall be stepped back from the
front facade in order to limit their impact on the building's silhouette.
(d)
The facility shall blend in with the existing building's architecture
and, if over five square feet, shall be painted or shielded with material
which is consistent with the design feature and material of the building.
(e)
The antenna and supporting electrical and mechanical equipment
must be of a neutral color that is identical to or closely compatible
with the colors of the supporting structure so as to make the antenna
and related equipment as visually unobtrusive as possible.
(5)
Preference for municipal or government-owned sites. All telecommunications
facilities erected, constructed or located within the City shall comply
with the following requirements:
(a)
A proposal for the facility shall not be approved unless the
Planning Commission finds that the antenna planned for the proposed
facility cannot be accommodated on an existing structure located on
municipal or government-owned property within a one-mile search radius
of the proposed facility due to one or more of the following:
[1]
The antenna would exceed the structural capacity of the existing
structure, as documented by a qualified professional engineer, and
the municipality or government entity has refused to reinforce, modify
or replace the structure to accommodate the planned or equivalent
antenna.
[2]
The antenna would cause interference materially impacting the
usability of other existing antennas at the structure, as documented
by a qualified professional engineer, and the interference cannot
be prevented at a reasonable cost.
[3]
Existing structures within the search radius cannot accommodate
the antenna at a height necessary to function reasonably, as documented
by a qualified professional engineer.
[4]
Other reasons that make it infeasible to locate the antenna
upon an existing structure.
D.
Application materials and supporting documentation for site plan
review. Each applicant for site plan approval from the Planning Commission
shall submit the following:
(1)
An environmental assessment form (long form) with the visual environmental
assessment form (visual EAF) addendum.
(2)
A site plan prepared to scale and in sufficient detail and accuracy
showing the following:
(a)
The exact location of the proposed telecommunications facility,
together with any guy wires and guy anchors, if applicable.
(b)
The maximum height of the proposed telecommunications facility.
(c)
If applicable, a detail of tower type (monopole, guyed, freestanding,
or other).
(d)
If applicable, the location, type and intensity of any lighting
on the tower.
(e)
Property boundaries and names of adjacent landowners.
(f)
Proof of the landowner's consent, if the applicant does not
own the property.
(g)
The location of all other structures on the property and all
structures on any adjacent property within 100 feet of the property
lines, together with the distance of those structures to any proposed
telecommunications facility.
(h)
The location, nature and extent of any proposed fencing, landscaping
and/or screening.
(i)
The location and nature of proposed utility easements and access
roads, if applicable.
(3)
A written report certifying that the applicant has made substantial
effort to locate on municipal or governmental property, including
the following information:
(a)
The availability of any municipal or governmental property.
(b)
The extent to which the municipal or governmental properties do or do not meet the applicant's needs, supported by an engineer's certifications as set forth in Subsection C(5), Preference for municipal or government-owned sites.
(c)
The reason why the subject site was chosen.
(4)
A certification from a qualified licensed engineer that the telecommunications
facility meets applicable structural safety standards.
(5)
A certification from a qualified licensed engineer that the telecommunications
facility will not interfere with local radio and/or television frequencies
or with public safety communications.
(6)
An engineering analysis of the radio emissions. The analysis shall
be prepared and signed by a New York State licensed professional engineer
specializing in electrical engineering with expertise in radio communications
facilities. The results from the analysis must clearly show that the
power density levels of the electromagnetic energy, including but
not limited to nonionizing electrical radiation, generated from the
proposed facility are within the allowable limits established by the
FCC. If the telecommunications facility will be co-located with an
existing facility, the cumulative effects of all facilities must also
be analyzed. The power density analysis shall be based on the assumption
that all co-located antennas are simultaneously transmitting radio
energy at a power level equal to the maximum antenna power rating
specified by the manufacturer.
(7)
A search ring prepared, signed and sealed by a qualified radio frequency
engineer registered in New York State and overlaid on an appropriate
background map demonstrating the area within which the wireless communications
facility needs to be located in order to provide the proper signal
strength and coverage to the target area.
(8)
An agreement, in writing, signed by the applicant and the owner of
the property, stating that the applicant will remove the facility
if it becomes obsolete or ceases to be used for its intended purpose
for 12 consecutive months. The agreement shall state that if the facility
is not removed after the twelve-month abandonment period and after
the City has given 90 days' notice and an opportunity for a hearing
to the applicant and the owner, the City may remove the facility and
may charge any costs plus 50% to the applicant.
E.
Standards for expanded site plan review. The following standards,
criteria and requirements shall apply to each application for extended
site plan approval by the Planning Commission for a telecommunications
facility:
(1)
Site plan review criteria. All the standards, criteria and requirements
for site plan review shall apply for the review of an application
for expanded site plan review.
(2)
Setbacks. All towers shall be set back from all adjacent property
lines a sufficient distance to safeguard the general public and/or
adjacent property. In the absence of any evidence supporting a greater
or lesser setback distance, a setback of the tower from any adjacent
property line equal to the tower height plus 10 feet and a front setback
of at least 75 feet shall be deemed adequate. Accessory structures
and guy anchors must comply with the minimum setback requirements
of the underlying district.
(3)
Height. The height regulations otherwise applicable in the underlying
district shall not apply to towers, provided that the applicant submits
sufficient information to justify the proposed height as the minimum
necessary to achieve its coverage objectives.
(4)
Aesthetics. Telecommunications facilities shall be located and buffered
to the maximum extent practical and technologically feasible to help
ensure compatibility with surrounding land uses. In order to minimize
adverse aesthetic effects on neighboring residences to the extent
possible, the Planning Commission may impose reasonable conditions
on the applicant, including the following:
(a)
The Planning Commission may require reasonable landscaping consisting
of trees or shrubs to screen the base of the tower and accessory structures
to the extent possible from adjacent residential property. Existing
on-site trees and vegetation shall be preserved to the maximum extent
possible.
(b)
The Planning Commission may require that the tower be designed
and sited so as to avoid, if possible, application of Federal Aviation
Administration (FAA) lighting and painting requirements, it being
generally understood that the tower should not be artificially lighted,
except as required by the FAA.
(c)
The tower shall be either blue or gray in color, have a galvanized
finish or be colored appropriately to the extent that the tower is
as unobtrusive as possible, unless otherwise required by the FAA.
Accessory facilities should maximize use of building materials, colors
and textures designed to blend with the natural surroundings.
(d)
No tower shall contain any signs except signs displaying contact
information and safety instructions. Such signs shall not exceed five
square feet in surface area.
(5)
Co-location requirements. All towers erected, constructed or located
within the City shall comply with the following requirements:
(a)
A proposal for a tower shall not be approved unless the Planning
Commission finds that the antenna planned for the proposed tower cannot
be accommodated on an existing tower or structure within a one-mile
search radius of the proposed tower due to one or more of the following:
[1]
The antenna would exceed the structural capacity of the existing
tower or structure, as documented by a qualified professional engineer,
and the existing tower or structure cannot be reinforced, modified
or replaced to accommodate the planned or equivalent antenna at a
reasonable cost.
[2]
The antenna would cause interference materially impacting the
usability of other existing antenna at the tower or structure, as
documented by a qualified professional engineer, and the interference
cannot be prevented at a reasonable cost.
[3]
Existing towers or structures within the search radius cannot
accommodate the antenna at a height necessary to function reasonably,
as documented by a qualified professional engineer.
[4]
Other reasons that make it infeasible to locate the antenna
upon an existing tower or structure.
(b)
Any proposed tower shall be designed structurally, electrically
and in all respects to accommodate both the applicant's antennas and
comparable antennas for at least two additional users if the tower
is over 100 feet in height or for at least one additional user if
the tower is over 60 feet in height. Towers must be designed to allow
for future rearrangement of antennas upon the tower and to accept
antennas mounted at varying height.
F.
Application materials and supporting documentation for expanded site
plan review. Each applicant for expanded site plan review from the
Planning Commission shall submit the following:
(1)
All application materials and supporting documentation required for
a site plan review of a telecommunications facility.
(2)
A written report inventorying existing towers and/or structures within a reasonable distance of the proposed site and outlining opportunities for shared use of existing facilities as an alternative to a proposed new structure. The applicant shall submit documentation demonstrating good-faith efforts to secure shared use on existing towers and structures as well as documentation of the technical, physical and/or financial reasons why shared usage is not proposed, as set forth in Subsection E(5)(a). Written requests for shared use shall be provided where applicable.
(3)
A written agreement stating that the applicant is committed to co-location
of telecommunications facilities and that the applicant will negotiate
in good faith for shared use of the proposed tower in the future.
The applicant shall also agree to the following:
(a)
To respond in a timely, comprehensive manner to a request for
information from a potential shared-use applicant.
(b)
To negotiate in good faith concerning future requests for shared
use of the new tower.
(c)
To allow shared use of the new tower if another applicant agrees,
in writing, to pay charges.
(d)
To make no more than a reasonable charge for shared usage based
on generally accepted accounting principles.
G.
Technical consultants. The Planning Commission may retain technical
consultants as it deems necessary to provide assistance reviewing
the site plan or expanded site plan application. The applicant shall
bear the reasonable costs associated with such consultation, which
costs shall be assessed as an application fee. In no case shall the
fee be more than 5% of the total project cost as determined for building
permit fee assessment purposes.
H.
Procedural requirements.
(1)
Public notice. The applicant shall notify adjacent property owners
within 500 feet, by first-class mail, of the filing of any application
for site plan and expanded site plan review.
(2)
Public hearing. The Planning Commission shall conduct a public hearing
within 62 days from the day an application is received for either
site plan or expanded site plan review. The applicant shall notify
adjacent property owners within 500 feet, by first-class mail, of
the public hearing. Said notices must be mailed at least 10 days prior
to the public hearing. All notice requirements of New York State General
City Law § 27-b shall be complied with.
(3)
Decision. The Planning Commission shall issue a decision within 30
days after the hearing. The time within which the Planning Commission
must render its written decision may be extended by mutual consent
of the applicant and the Planning Commission. Any denials by the Planning
Commission shall be in writing and supported by substantial evidence.
I.
Monitoring.
(1)
Nonionizing electrical radiation. The applicant shall ensure and
shall demonstrate to the approving authority that emissions of nonionizing
electrical radiation (NIER) are in compliance with standards established
by the FCC or any subsequent superseding standards. If at any time
during the operation of the wireless telecommunications facility or
attached wireless telecommunications facility the radio frequency
emissions are not in compliance with standards established by the
FCC, the operator shall immediately notify the City and immediately
terminate the operation of the facility. Before resuming operation,
the operator shall explain to the approving authority the cause of
the failure to comply with radio frequency emission standards established
by the FCC and demonstrate to the approving authority all measures
taken to prevent such noncompliance in the future.
(2)
The owner and/or user of the wireless telecommunications facility
or attached wireless telecommunications facility, after construction
thereof, shall annually submit a report, to the City Engineer, prepared
by a qualified professional engineer or engineers. Such report shall
provide an analysis of the nonionizing electrical radiation emitted
by the facility and shall be accompanied by sufficient underlying
data so that the analysis can be reviewed for accuracy and completeness
by a person expert in the field. After receiving the recommendation
of the City Engineer, the approving authority may refer the report
for professional review at the owner's expense. If the owner and/or
user demonstrate that an acceptable comparable report is routinely
made to another agency in satisfactory intervals, the approving authority
may authorize the submission of such comparable report to the City
Engineer, in lieu of the annual report required above.
(3)
Future review by Planning Commission. The Planning Commission shall
review any site plan or expanded site plan approval at five-year intervals
to determine whether the technology in the provision of telecommunications
has changed such that the necessity for the approval has been eliminated
or modified, and whether the approval should be modified or terminated
as a result of such change.
J.
Exemptions. The following types of telecommunications facilities
are not subject to the provisions of this section:
K.
Effect of law on existing telecommunications facilities. Telecommunications
facilities in existence that do not conform to or comply with this
section are subject to the following provisions:
(1)
Telecommunications facilities may continue in use for the purpose
now used and as now existing but may not be replaced or structurally
altered without complying in all respects with this section.
(2)
If such facility is hereafter damaged or destroyed due to any reason
or cause whatsoever, the facility may be replaced or restored to its
former use, location and physical dimensions without complying with
this law; provided, however, that if the cost of repairing the facility
to the former use, physical dimensions and location would be 10% or
more of the cost of a new facility of like kind and quality, then
the facility may not be repaired or restored except in full compliance
with this section.
L.
Interpretation; conflict with other laws. In their interpretation
and application, the provisions of this section shall be held to be
minimum requirements adopted for the promotion of the public health,
safety and general welfare of the residents of the City of Oneonta.
This section is not intended to interfere with, abrogate or annul
other rules, regulations or ordinances, provided that whenever the
requirements of this section are at variance with the requirements
of any other lawfully adopted regulations, rules or ordinances, the
most restrictive, or those that impose the highest standards, shall
govern.
A.
No parabolic or dish-type antenna shall be erected, constructed,
altered or maintained on any lot within the City without complying
with the terms of this article.
B.
All parabolic or dish-type antennas located outside of a building
shall meet the following requirements:
(1)
The maximum number permitted per lot, project site in the case of
garden apartments, condominiums or similar types of complexes shall
be one.
(2)
All antennas shall be constructed so that the total height of the antenna is no higher than four feet above the base of its mounting point. In addition, in the case of masts, masts shall not exceed 10 feet without first obtaining a special use permit, subject to the requirements of § 300-29.
(3)
The maximum diameter shall be 12 inches. Any dish exceeding 12 inches shall require a special use permit, as outlined in § 300-29.
(4)
Parabolic and dish-type antennas are not permitted to be mounted
on the front facade of a structure.
(5)
No antenna may be located upon any lot except that lot upon which
the building to be served is located.
(6)
No antenna may be located upon any trailer or portable device or
vehicle except for demonstration purposes not exceeding 15 days.
(7)
No antenna shall be operated so as to create any sound, disturbance
or other effect which is audible or can be sensed at any point beyond
the lot lines upon which it is located.
(8)
No antenna shall be constructed upon any lot by any tenant or lessee
without the written consent of all of the owners thereof.
C.
Construction to meet requirements. No parabolic or dish-type antenna
shall be made operational in the City until the Code Enforcement Officer
shall certify, in writing, that the construction plans meet the requirements
of this article, a permit is issued and that the final construction
thereof meets the requirements of this article.
A.
Number of sales; duration; hours.
(1)
No person or nonprofit corporation shall operate, conduct, manage
or present a yard sale upon his/her/its premises or other property
under its control more often than four times per calendar year, and
said sale shall not be continued for a period of time of more than
five consecutive days.
(2)
No sale shall be conducted before 8:00 a.m. or after 9:00 p.m.
B.
Persons and sales excepted. The provisions of this section shall
not apply to or affect the following persons or sales:
(1)
Persons selling goods pursuant to an order of a court of competent
jurisdiction.
(2)
Persons acting in accordance with their powers and duties as public
officials.
(3)
Any person selling or advertising for sale an item or items of personal
property which are specifically named or described in the advertisement
and which separate items do not exceed five in number.
(4)
Any sale that is part of a City-sanctioned event, such as "Grand
and Glorious Garage Sale."
Uses not specifically enumerated as permitted within this chapter
are prohibited. Bars, cabarets, and nightclubs are prohibited except
where specifically permitted. Wording such as "including but not limited
to" and similar such wording, where used elsewhere in this chapter,
shall not include bars, cabarets, and nightclubs.
No single-family or two-family residential lot shall have erected
upon it more than one principal building. No yard or other open space
provided about any building for the purpose of complying with the
provisions of this chapter shall be considered to provide a yard or
open space for any other principal building.
B.
Fences seven feet or less in height, excluding dog runs, may be located along the side or rear lot line, subject to additional regulations specified in § 300-58.
C.
Unclosed steps or stairways and physically handicapped access ramps
providing access to the first story of a building may extend into
any required setbacks. Decks and porches shall not extend into required
setbacks.
No permit for the construction of any building shall be approved, unless such structure has access from an improved street or a street on an official map, plan, approved subdivision or duly filed plat in accordance with Subdivision of Land, Article VIII.
A.
Purpose. The purposes of buffers where required in this chapter are
to: maintain and protect property values; assure an acceptable degree
of transition to reduce potential adverse incompatibility between
abutting and nearby uses; provide appropriate barriers and relief
from traffic, noise, heat, glare and the spread of dust and debris;
enhance the visual and aesthetic appearance of the community.
B.
Standards. Whenever a buffer is required by this chapter, it shall
meet the following standards. It shall:
(1)
Provide a visual barrier.
(2)
Block the glare of lights.
(3)
Reduce noise produced on the site to a level no higher than that
produced on conforming residential sites in the adjacent residential
neighborhood.
(4)
Serve as a protective barrier by blocking physical passage to the
site, unless specific points of passage are desired.
(5)
Prevent the passage of air pollution, dust and litter produced on
the site.
(6)
Screen the activities on the site and block views of the site which
are not in harmony with the residential character of the adjacent
neighborhood.
(7)
Be maintained throughout the continuance of the use of the lot.
C.
Design:
(1)
Buffers shall be composed of a combination of fencing, plantings,
walls, landscaping, planters, trellises, etc.
(3)
Buffer designs shall include all details required for an appraisal
of the design, including but not limited to location, species and
size of individual trees and shrubs and detailed design of all structures
and other landscaping treatments.
(4)
A screen planting of dense evergreen material not less than five
feet in height shall be required where lights from vehicles or overhead
illumination located within the off-street parking area may shine
directly into windows of adjacent residential buildings. Along side
and rear lot lines, and subject to the approval of the Code Enforcement
Officer, in lieu of screen plantings, a solid fencing may be provided
not less than four feet nor more than six feet in height. If the designed
fence or screen planting does not properly screen the overhead illumination
from adjacent residential buildings, then the Code Enforcement Officer
may increase the height requirements of the fence or evergreen screening.
(5)
Approval procedure. Buffer designs shall be submitted by the applicant
and reviewed in conjunction with the building permit application review
procedure.
(6)
Construction postponement. Construction of required buffers may be
delayed for up to 18 months upon approval by the Code Enforcement
Officer when the need for the buffer is unclear.
(7)
Buffering of existing parking areas in residential zones. No later than December 31, 2017, all rear and side yard parking areas occupying more than 750 square feet, exclusive of driveways but not maneuvering lanes, on properties located in residential zones, other than exclusively single-family home lots, shall provide buffers in accordance with § 300-51B.
Where a building lot has frontage on a street, which is proposed
for right-of-way widening, the required front setback shall be measured
from such proposed right-of-way line.
All the uses, buildings and facilities, yards, open space, off-street
parking and required landscaping must be contained within the district
in which the use is permitted except as specified in §§ 300-9I(2)
and 300-11H(2).
The locations of all buildings on corner lots and on lots extending
between two parallel streets shall comply with the following requirements:
any yard on an improved street shall be a front yard, one other yard
shall be a rear yard, and any other yards shall be a side yard.
When a new lot is formed so as to include within its boundaries
any part of a former lot on which there is an existing building or
use, the subdivision must be carried out in such a manner as will
not infringe upon any of the provisions of this chapter, either with
respect to any existing structures or use or any proposed structures
or use.
Except as permitted by § 300-39, Temporary uses and structures, no person shall use or occupy any travel trailer, tent trailer, tent or motor home for living or sleeping quarters within Oneonta for more than 45 days per calendar year.
Dumping, piling or accumulation of refuse, garbage (other than
in closed containers which are regularly emptied in a lawful manner),
waste material, scrap or other noxious substances is prohibited.
A.
A building permit is not required prior to installation of a fence.
B.
Any fence shall have its most pleasant or decorative side facing
the adjacent properties.
C.
No fence shall exceed four feet in height in the front yard. No portion
of fence located behind the front facade shall exceed seven feet in
height. The height of all fences shall be measured from the finished
grade of the lot at the base of the fence.
D.
Fencing erected or maintained between the facade of a building, excluding
porches, and a public right-of-way shall be no more than three feet
in height.
E.
In no instance shall fences, walls, or other structures or design
elements be placed in front yards so as to prohibit views to the primary
frontage facade of principal structures placed along a public right-of-way.
F.
Fences incorporating barbed wire, electric current or similar materials
or devices shall be allowed only when necessary for public utility
operations and shall be subject to a minimum ten-foot setback, and
shall include cautionary signage.
G.
The Planning Commission, as part of Subdivision, site plan review
or special use permit, may require a fence or other screen to shield
adjacent residences or other uses from undesirable views, noise or
light.
H.
Fences shall be maintained to provide functional, visual and structural
integrity.
I.
Fences designed to maim or injure prospective intruders are prohibited except as authorized in Subsection F above.
J.
Fences seven feet or less in height, excluding dog runs, may be located
along the side or rear lot line.
Existing fire escapes which are not in compliance with the setback
requirements of this code may be reconstructed on the same footprint.
A.
No outdoor storage of materials and equipment may be permitted in
any zoning district, unless:
(1)
Allowed as part of an approved site plan;
(2)
Used in the construction or alteration of a structure on the same
lot or in the same development and stored for not more than one year
or not more than 60 days after completion of construction, whichever
is less; or
(3)
Such outdoor storage is limited to machinery, equipment or supplies
essential to the operation of a farm or storage of any products grown
on the premises of a farm or nursery.
B.
No more than one unregistered, unlicensed, or uninspected motor vehicle is allowed to be stored outside on any lot except in accordance with § 300-37, Motor vehicle service, sales or repair establishments. Such vehicle may not be stored outside for more than one year.
C.
No front yard shall be used for any open storage or other storage
of equipment such as motor homes, camping trailers, boats less than
20 feet in length, utilities trailers or other similar equipment.
D.
Parking facilities developed in any residential district as permitted
by this chapter shall not be used for the storage of commercial vehicles.
The term "storage of commercial vehicles" shall include regular or
periodic parking of commercial vehicles. The parking on a property
in a residential district of one commercial pickup truck with a gross
weight of under 5,500 pounds, which is owned or operated regularly
by a resident of that property, shall be exempt from this prohibition.
E.
All enclosed storage shall be within structures which meet the requirements
of the New York State Code, Rules and Regulations. Storage in mobile
homes not connected to public utilities or tractor-trailer bodies
is not allowed in any district.
F.
No outdoor storage shall occur within 100 feet of a single-family
residential or multifamily residential district. Outdoor storage shall
provide a combination of distance and appropriately dense plantings
or setback from residential or transitional uses or districts.
G.
Upon written approval by the Code Enforcement Officer, the temporary
outdoor display of plants, trees and landscaping materials may be
permitted for a period not to exceed six months per year. Such displays
shall be maintained to provide a neat, orderly appearance at all times
A.
Intent. The intent of this section is to prevent or alleviate congestion
on public streets and to promote the public safety and welfare by
establishing standards for the provision of off-street parking and
loading spaces.
B.
Applicability.
(1)
In all districts, every industrial, business, institutional, recreational, residential or other use shall provide, at the time of any change of use or when any building or structure is erected, enlarged or increased in capacity in the City, off-street parking for motor vehicles in accordance with the requirements of this and other applicable sections of these regulations, especially site plan review in accordance with Article VII, and the Table of Parking Requirements by Use, § 300-101, provided in the Appendixes.
(2)
Loading spaces shall be provided and maintained on the same premises
with every building or structure erected, occupied, enlarged or intended
to be used, involving the receipt or distribution by vehicles of material
or merchandise. No such activity shall use a public right-of-way or
parking area for standing, loading and unloading services.
(3)
Bus, taxi or passenger loading spaces may also be required, depending
on the use.
C.
Location of required spaces. Parking and loading spaces shall be
located in accordance with the following:
(1)
Parking areas set back from lot lines and streets. In all districts,
no part of any parking area, other than driveways for ingress and
egress, shall be located closer to a lot line than five feet nor closer
to a sidewalk than 10 feet. Parking is further restricted from front
yards elsewhere in this chapter.
(2)
Parking of motor vehicles is prohibited on sidewalks and areas between
the sidewalk and median strips separating travel lanes as defined
in the New York State Vehicle and Traffic Law.
(3)
For single-family detached, semidetached, two-family, attached and
accessory dwelling units, off-street parking shall be provided on
the same lot with the building it serves.
(4)
For multifamily dwellings, required off-street parking shall be located
as close to the use as possible, given site conditions, and in no
case more than 200 feet from the building it is required to serve.
(5)
Front yard parking requirements.
(a)
No person shall keep, store, or park any motor vehicle, whether operable or inoperable, on any portion of a front yard or corner lot side yard facing a street of any property except on driveways previously approved by the Code Enforcement Officer, which may or may not consist of an impervious surface material. For the purposes of § 300-61 only, the term "front yard" shall mean either the front yard required for the zone district or the front setback of the existing primary building, whichever is greater.
(b)
No owner, tenant, manager or occupant of property used as a
residence shall allow any person to keep, store, or park any motor
vehicle, whether operable or inoperable, on any portion of a front
yard or corner lot side yard facing a street, except on driveways,
which may or may not consist of an impervious surface material.
(c)
The right to continue legitimate nonconforming front yard parking
areas in all residential zones existing at the time of the adoption
of this section, which parking areas have not previously been approved
through the zoning variance procedure, shall expire on December 31,
2027, with the exception of those properties that have neither a driveway
nor the unbuilt property width to create a driveway. Application may
be made to the Zoning Board of Appeals for relief from the date of
expiration of rights, and no variance application fee will be charged
for such applications.
D.
Computation of required spaces.
(1)
The required number of spaces is provided in the Table of Parking Requirements by Use, § 300-101, for each land use in each zoning district.
(2)
In the case of a combination of uses, the total requirements for
off-street auto parking spaces shall be the sum of the requirements
for the various uses, unless it can be proven that staggered hours
of use and/or shift employment would permit modification. Whenever
a major fraction of a space is required, a full space shall be provided.
(3)
If spaces are provided on the basis of employees or participants,
the number on the theoretical maximum shift or peak period shall be
used.
(4)
Unless otherwise specified, off-street parking standards are based
on square feet of all floor area, including the area of any accessory
buildings.
E.
Dimensions of off-street automobile parking spaces. Off-street automobile
parking spaces shall be no smaller than nine feet by 18 feet. Every
such space shall have independent, direct and usable driveway access
to a street or alley with minimum maneuver area between spaces as
follows:
(1)
Parallel curb parking: five feet end to end, with an aisle width
of 12 feet for one-directional flow and an aisle width of 24 feet
for two-directional flow.
(2)
Thirty-degree parking: an aisle width of 13 feet for one-directional
flow and an aisle width of 26 feet for two-directional flow.
(3)
Forty-five-degree parking: an aisle width of 16 feet for one-directional
flow and an aisle width of 26 feet for two-directional flow.
(4)
Sixty-degree parking: an aisle width of 21 feet for one-directional
flow and an aisle width of 26 feet for two-directional flow.
(5)
Perpendicular parking: an aisle width of 26 feet for one-directional
and two-directional flow.
F.
Nonconforming parking and loading. No building or lot alterations
nor change of use shall be allowed which would increase the degree
of nonconformity with the off-street parking and loading regulations
of this chapter.
G.
Off-street parking and loading standards by usage. The parking requirements listed in the Table of Parking Requirements by Use, § 300-101, reflect reasonable standards for uses in most locations. The City of Oneonta Common Council, in adopting these standards, is providing guidance to future developers, tenants and residents of uses requiring off-street parking and loading. From an environmental, community character and cost perspective, it is always desirable to construct the least number of parking spaces to accommodate a particular use. The following general requirements apply to all off-street parking.
(1)
Applicants are encouraged to provide evidence of lesser parking and
loading demand if appropriate, including the availability of nearby
parking lots, parking garages, on-street parking, or shared parking
lots.
(2)
The Planning Commission may require less off-street parking or loading,
if warranted, based on the information presented. In any case where
less off-street parking is required, the Planning Commission reserves
the right to require the set-aside of additional open space sufficient
to accommodate the amount of off-street parking which would ordinarily
be required.
(3)
The Planning Commission also reserves the right to request additional
information, such as but not limited to expected number of employees,
participants, expected attendance or expected deliveries, relevant
to judging the adequacy of listed parking and loading standards. Such
information may result in application of off-street parking standards
higher than those listed.
(4)
For uses not listed, the required number of off-street parking or
loading spaces shall be determined by the Code Enforcement Officer
based on similarity to listed uses and information provided by the
applicant.
(5)
In all cases, the provided off-street parking and loading should
be sufficient to prevent frequent on-street parking by users or employees
or the loading and unloading of passengers or materials from the public
right-of-way in such a manner that is disruptive to traffic.
(6)
In addition to the off-street parking limits based on the standards in the Table of Parking Requirements by Use, § 300-101, one appropriately sized parking space shall be available for each commercial vehicle used in any business conducted on or from the premises.
(7)
The Planning Commission reserves the right to require off-street
parking spaces suitable for vehicles with boats or trailers in the
City.
(8)
Parking of any tractor-trailer combinations or tractor without trailer,
except in conjunction with provision of a commercial service to an
owner or occupant of the property, shall be prohibited in any residential
district.
(9)
Use, storage, parking and placement of semitrailers, semi-van trailers,
shipping and storage containers, and similar such containers shall
not be used, stored, parked or placed except in conformance with this
subsection. In residential zones: No such container or containers
shall be used, stored, parked or placed on premises in any residential
zone, except for:
(a)
A single period of not more than four days in any twelve-month
period; and
(b)
Periods of more than four days and for more than one single
period in any twelve-month period, only by special permit from the
Code Enforcement office, for the number of periods and for a period
of time to be determined by the Code Enforcement office, only when
used as an accessory to an ongoing construction project at the premises
where located.
(10)
Buffering of existing parking areas in residential zones. No later than December 31, 2017, all rear and side yard parking areas occupying more than 750 square feet, exclusive of driveways but not maneuvering lanes, on properties located in residential zones, other than exclusively single-family home lots, shall provide buffers in accordance with § 300-51B.
(11)
Enlargement of existing parking areas in the R-2 and R-4 Districts.
No rear or side yard parking areas in existence at the time of the
adoption of this chapter, on properties located in the R-2 or R-4
Districts, shall be enlarged to create additional parking spaces unless
the enlargement is in the form of a permeable surface material.
A.
Obstructions at street intersections. No fence, shrub, tree, planting
or any structure, including fences, shall be constructed within 50
feet of intersecting street lines which are higher than three feet
above gutter grade or which obstruct the view of motorists or create
other traffic hazards.
B.
Height exceptions. The limitations of height, found in the Bulk and
Use Tables,[1] shall not apply to chimneys, aerials, silos, elevators,
water tanks, ventilators, skylights, tanks and other necessary features
usually carried above roofs, nor to towers, antennas or spires of
churches or other buildings.
C.
Abandoned vehicles. No motor vehicle, automobile, automobile trailer
or other vehicle shall remain outside, upon any property within the
City, when such vehicle has been so dismantled or parts removed therefrom
or otherwise abandoned so that such vehicle may be incapable of operation
or use for a period of 30 continuous days, except that travel trailers
not used for dwelling purposes may be stored in rear yards when not
in use.
D.
Construction within required front yard setback. Existing structures,
such as open porches, terraces or stoops, shall not be enclosed, and
upper-floor additions shall not be constructed over existing open
or enclosed structures when said existing structures lie within the
required front yard setback.
E.
Artificial lighting. No lighting shall be directed on a sidewalk,
street or public place or upon adjacent premises, nor on any other
premises which shall cause glare, reflection or intrinsic brightness,
constituting a nuisance or traffic hazard.
F.
Demolition of buildings and structures. Demolition of all buildings, structures, and parts thereof, in all zones, shall be subject to Article VII of this chapter, Site Plan Review and Approval. This requirement shall not apply to any demolition order made by the Board of Public Service, which shall have the sole authority to determine, direct, oversee and enforce any demolition order it shall make.
[Amended 8-7-2012 by Ord. No. 3-2012]
G.
Comprehensive procedure permitted when multiple reviews are required.
Whenever a single project requires any combination of site plan review,
zoning variance(s), special use permit, or zone change, a comprehensive
procedure may be utilized as follows:
(1)
For projects requiring site plan review and zoning variance(s): review
and decision by the Zoning Board of Appeals only on both the site
plan and the zoning variance(s).
(2)
For projects requiring site plan review and special use permit: review
and decision by the Planning Commission only on both the site plan
review and the special use permit.
(3)
For projects requiring zoning variance(s) and special use permit:
review and decision by the Planning Commission only on the special
use permit; review and decision by the Zoning Board of Appeals only
on the zoning variance(s).
(4)
For projects requiring site plan review, zoning variance(s) and special
use permit: review and decision by the Planning Commission only on
the site plan review and the special use permit; review and decision
by the Zoning Board of Appeals only on the zoning variance(s).
(5)
For projects requiring one or more of the following: site plan review,
zoning variance, and/or special use permit, and also requiring a zone
change: review and decision by the Common Council only for the site
plan review and/or the special use permit, and for the zone change;
review and decision by the Zoning Board of Appeals only on the zoning
variance(s).
H.
Occupancy
of a single dwelling unit by more than three unrelated individuals
who have not been determined to be a functional family under the provisions
of this statute is prohibited. Each week of occupancy shall constitute
a new violation of this provision.
[Added 11-15-2011 by Ord.
No. 8-2011]
I.
Rental
of a single dwelling unit, either by the owner or by any agent of
the owner, to more than three unrelated individuals who have not been
determined to be a functional family under the provisions of this
statute is prohibited. Each week such agreement shall remain in full
force and effect shall constitute a new violation of this provision.
[Added 11-15-2011 by Ord.
No. 8-2011]
A.
Applicability.
(1)
Planning Commission action. All uses subject to the requirements
of this section may be established and maintained if their operation
is approved by the Planning Commission and/or the Code Enforcement
Officer as being in conformance with the standards and regulations
limiting dangerous and objectionable elements, such as dust, smoke,
odor, fumes, noise or vibration. In approving the site plan, the Planning
Commission and/or the Code Enforcement Officer shall decide whether
the proposed use will conform to these applicable performance standards
or any additional performance standards required by state or federal
laws or which are generally recognized performance standards for a
given industry.
(2)
Use subject to the performance standards procedures.
(a)
All uses must comply with these performance standards.
(b)
In addition, if the Code Enforcement Officer has reasonable
grounds to believe that any other existing or proposed use violates
any of the performance standards, such proposed use may be required
to certify compliance with these performance standards or such existing
use may be cited for violation of these regulations.
B.
Performance standards procedures.
(1)
The Code Enforcement Officer shall identify whether a proposed use
will be required to certify compliance with any of the performance
standards listed in this section. Certification may require signing
a written statement or presentation of construction detail and a description
of the specifications for the mechanisms and techniques to be used
in restricting the emissions of any dangerous and objectionable elements.
The applicant shall also file an affidavit acknowledging understanding
and stating agreement to conform to the same at all times. Any information
which is designated by the applicant as a trade secret and submitted
herewith will be treated as confidential under provisions of the New
York State Freedom of Information Law.[1] If site plan review is required, during the course of
site plan review, the Planning Commission will determine if the applicant's
proposal falls within the performance standards based upon information
provided by the applicant. If site plan review is not required, the
Code Enforcement Officer will determine if the applicant's proposal
falls within the performance standards based upon information provided
by the applicant. The Code Enforcement Officer can require the applicant
to show that the construction detail and a description of the specifications
for the mechanisms and techniques is in compliance with the standards
set forth below.
[1]
Editor's Note: See Public Officers Law § 85 et seq.
(2)
Vibration.
(a)
No vibration shall be produced which is transmitted through
the ground and is discernible without the aid of instruments at or
beyond the lot lines, nor shall any vibrations produced exceed 0.002
g. peak at up to a frequency of 50 cycles per second, measured at
or beyond the lot lines using either seismic or electronic vibration
measuring equipment.
(b)
Vibrations occurring at higher than a frequency of 50 cycles
per second or a periodic vibration shall not induce accelerations
exceeding 0.001 g. Single-impulse periodic vibrations occurring at
an average interval greater than five minutes shall not induce accelerations
exceeding 0.01 g.
(3)
Noise.
(a)
The maximum decibel level radiated by any use or facility at
any lot lines shall not exceed the values in the designated octave
bands given in Table 1. The sound-pressure level shall be measured
with a second-level meter and associated octave-band analyzer conforming
to standards prescribed by the American Standards Association. (American
Standard Sound-Level Meters for Measurement of Noise and Other Sound,
Z24.3-1944, American Standards Association, Inc., New York, and American
Standard Specifications for an Octave-Bank Filter Set for the Analysis
of Noise and Other Sound, Z24.10-1953, American Standards Association,
Inc., New York, New York, shall be used.)
|
Table I
| ||
|---|---|---|
|
Frequency Band
(cycles per second)
|
Maximum Permitted Sound-Pressure Level
(decibels)
| |
|
0 to 75
|
69
| |
|
75 to 150
|
60
| |
|
150 to 300
|
56
| |
|
300 to 600
|
51
| |
|
600 to 1,200
|
42
| |
|
1,200 to 2,400
|
40
| |
|
2,400 to 4,800
|
38
| |
|
4,800 to 10,000
|
35
| |
(b)
Where any use adjoins a residential or mixed-use district at
any point at the district boundary, the maximum permitted decibel
levels in all octave bands shall be reduced by six decibels from the
maximum levels set forth in Table I.
(4)
Smoke. The density emission of smoke or any other discharge into
the atmosphere during normal operations shall not exceed visible gray
smoke of a shade equal to or darker than No. 2 on the standard Ringelmann
Chart. (A Ringelmann Chart is a chart published by the United States
Bureau of Mines, which shows graduated shades of gray for use in estimating
the light-obscuring capacity of smoke.) These provisions applicable
to visible gray smoke shall also apply to visible smoke of a different
color but with an apparent equivalent capacity.
(5)
Odor. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable when diluted in the ratio of one volume of odorous air emitted to four volumes of clean air. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail. There is hereby established, as a guide in determining such quantities of offensive odors, in Table III, Odor Thresholds, in Chapter 5 of the Air Pollution Abatement Manual, Copyright 1959, by the Manufacturing Chemical Association, Inc., Washington, D.C., as said manual and/or table is subsequently amended.
(6)
Fly ash, dust, fumes, vapors, gases and other forms of air pollution.
No emission shall be permitted which can cause any damage to health,
animals, vegetation or other forms of property or which can cause
any excessive soiling at any point beyond the boundaries of the lot.
The concentration of such emission on or beyond any lot line shall
not exceed 0.1, the maximum allowable concentration set forth in § 12-29
of the Board of Standards and Appeals of the New York State Department
of Labor, effective October 1, 1956, and any subsequent standards.
(7)
Electromagnetic radiation. It shall be unlawful to operate or cause
to be operated any planned or intentional source of electromagnetic
radiation which does not comply with the current regulations of the
Federal Communications Commission regarding such sources or electromagnetic
radiation, except that, for all governmental regulations regarding
such sources of electromagnetic radiation of the Interdepartment Radio
Advisory Committee shall take precedence over the regulations of the
Federal Communications Commission. Further, said operation in compliance
with the Federal regulations shall be unlawful if such radiation causes
an abnormal degradation in performances of other electromagnetic radiators
or electromagnetic receptors of quality and proper design because
of proximity, primary field, blanketing, spurious reradiation, harmonic
content or modulation of energy conducted by power or telephone lines.
The determination of abnormal degradation in performance and of quality
and proper design shall be made in accordance with good engineering
practices, as defined in the latest principles and standards of the
American Institute of Radio Engineers and the Electronic Industries
Association. In case of any conflict between the latest standards
and principles of the above groups, the following precedence in interpretation
of the standards and principles shall apply: American Institute of
Electrical Engineers; Institute of Radio Engineers; and Electronic
Industries Association.
(8)
Radioactive radiation. No activities shall be permitted which emit dangerous radioactivity at any point beyond the property lines. The handling of such radioactive materials, the discharge of such materials into the air and water and the disposal of radioactive wastes shall be in conformance with the regulations of the Nuclear Regulatory Commission, as set forth in Title 10, Chapter 1, Part 20, as amended, and all applicable regulations of the State of New York.
(9)
Heat. Heat emitted at any or all points shall not at any time cause
a temperature increase on any adjacent property in excess of 5°
F., whether such change is in the air or on the ground, in a natural
stream or lake or in any structure on such adjacent property.
(10)
Glare. Dark Sky compliant lighting fixtures are required, as
defined by the following standards.
(a)
Direct glare. No such direct glare shall be permitted, with
the exception that parking areas and walkways may be illuminated by
luminaries so hooded or shielded that the maximum angle of the cone
of direct illumination shall be 60° drawn perpendicular to the
ground, and with the exception that such angle may be increased to
90° if the luminary is less than four feet above ground.
(b)
Indirect glare. Indirect glare shall not exceed that value which
is produced by an illumination of the reflecting surface, not to exceed
0.3 footcandle (maximum) and 0.1 footcandle (average). Deliberately
induced sky-reflected glare, as by casting a beam upward for advertising
purposes, is specifically prohibited.
(11)
Liquid or solid waste. No discharge shall be permitted at any
point into a public sewer or stream or into the ground, except in
accord with standards approved by the State and Otsego County Departments
of Health and local ordinances, of any materials of such nature or
temperature as can contaminate any water supply or otherwise cause
the emission of dangerous or offensive elements. There shall be no
accumulation of solid wastes conducive to the breeding of rodents
or insects.
(12)
Stormwater. For all developments disturbing more than one acre,
New York State Department of Environmental Conservation (NYSDEC) requires
that municipalities receive a copy of the stormwater pollution prevention
plan (SWPPP) prior to plan approval. The owner is required to comply
with the NYSDEC's SPDES General Permit for Stormwater Discharge from
Construction Activity, Permit No. GP-02-01.
