Certain specified uses and structures shall
require the issuance of a special use permit by the Planning Commission
prior to the issuance of a building permit or a certificate of occupancy.
All such special use permits shall be issued only in accordance with
the requirements of this chapter.
In every case where a special permit is required
by this chapter, such special permit shall be granted only after a
public hearing has been held.
A notice of the request for the special use
permit shall be sent to all adjacent property owners at least 10 days
prior to the meeting at which the Planning Commission conducts the
public hearing and hears the applicant on the question. The Planning
Commission shall render a decision on the request within 62 days from
the date of the close of said public hearing.
The Planning Commission may impose conditions
incidental to the issuance of a special permit which, in its opinion,
are reasonable and necessary. Included by way of illustration and
not limitation are restrictions upon the hours of operation of any
such special permit use or improvements incidental thereto, including
elements such as signs, and provided that these incidental elements
are in compliance with the applicable provisions of this chapter.
The Planning Commission may impose additional
standards on the special use to provide adequate safeguards to protect
the health, safety, morals or the general welfare of the public and
for the preservation of the general character of the neighborhood
in which such proposed special use is to be placed, to minimize possible
detrimental effects of the use on adjacent property.
No special permit shall be issued for a special
use for a property where there is an existing violation of this chapter.
A special permit is not transferable and shall
authorize only one special use and shall expire if the special use
ceases for more than three months for any reason.
[Added 4-11-2019 by L.L. No. 3-2019]
Gasoline and fuel filling station uses shall
comply with the following minimum requirements:
A. The lot area shall be not less than 20,000 square
feet and have a minimum frontage along a public right-of-way providing
primary access of at least 150 feet.
B. No proposed site shall be within 200 feet of the property
line of a public assembly use.
C. All fuel pumps shall be located at least 25 feet from
any street line or 30 feet from any other lot line.
D. All fuel, oil, gasoline or similar substances shall
be stored underground at least 10 feet from any lot line and at least
10 feet from any structure, and tanks shall be installed and maintained
in accordance with the generally accepted standards of the New York
State Uniform Fire Prevention and Building Code and shall be approved
by the Fire Marshal before installation.
E. No building or accessory facility shall be closer
than 35 feet to any boundary line of a residential district.
F. All servicing (other than washing and dispensing of
fuel, oil, water and air) of vehicles must be performed indoors.
G. On each lot line abutting a residential use, there
shall be a landscaped buffer eight feet in width measured from the
lot line, planted with a staggered double row of evergreen trees installed
at a height of four feet on six-foot centers and maintained to a height
of six feet. Opaque fencing may be substituted by the Planning Commission
upon finding that such screening would provide a more effective buffer
for the residential use.
H. A landscaped area at least eight feet in width from
the lot lines shall be maintained, exclusive of driveways, on all
sides of the property having street frontage or abutting nonresidential
uses; treatment shall be of grass, ornamental stone or evergreens
maintained below two feet in height and surrounded by curbing (wood,
stone or concrete) four to six inches in height.
I. Any inactive flammable liquid/fuel storage tank below
grade must be removed within six months after the dispensing of fuel
or the use of the tank has ceased.
[Amended 4-11-2019 by L.L. No. 3-2019]
Motor vehicle service and repair uses shall comply with the
following minimum requirements:
A. The
lot area shall be not less than 12,000 square feet and have a minimum
frontage along a public right-of-way providing primary access of at
least 50 feet.
B. No proposed
site shall be within 200 feet of the property line of a public assembly
use.
C. No building
or accessory facility shall be closer than 35 feet to any boundary
line of a residential district.
D. No vehicle
awaiting repair may be stored in the required yard setbacks or between
the front building line and front property line; unregistered or junked
vehicles may not be stored more than 30 days.
E. All
repair, painting or servicing (other than washing) of vehicles must
be performed indoors.
F. On each
lot line abutting a residential use, there shall be a landscaped buffer
eight feet in width measured from the lot line, planted with a staggered
double row of evergreen trees installed at a height of four feet on
six-foot centers and maintained to a height of six feet. Opaque fencing
may be substituted by the Planning Commission upon finding that such
screening would provide a more effective buffer for the residential
use.
G. For service area screening see Section
240-36, Screened service area requirements.
Any change or modification to a use authorized
by special permit shall require a new application for approval for
such change or modification except the following:
A. Dangerous condition. Removal or repair of a dangerous
condition when it is determined by an enforcement agency that circumstances
exist which, if not corrected, contribute a threat to life, health
or safety of the general public or such other persons for whose protection
such regulations were intended. Such determination may be verbal or
in writing. The term "enforcement agency" shall refer to any public
agency or official having jurisdiction to issue orders affecting the
life, health and safety of persons within the Village of North Syracuse.
B. Routine maintenance. Routine repair, replacement or
maintenance of electrical or mechanical installations or of damaged
or worn parts or surfaces, including repainting, facade repair and
roof replacements.
C. Uses/ownership. Any change in ownership or management,
unless such change involves changing the general category of use designation
specified in this chapter.
D. Lot dimensions. Any change or modification in title
due to condemnation.
E. Parking lot striping. Repaving or painting of driveway
and parking areas without altering the approved traffic pattern.
F. Landscaping. Routine landscaping and plant replacement,
or establishment of new landscaped area without altering the approved
vehicular circulation and parking pattern or pedestrian circulation
pattern, consistent with any applicable controls in the approved plan
concerning height, location and visibility.
G. Screening devices. Repair or replacement in kind of
existing screening devices.
H. Signs. Any change in signage on the subject premises
so long as any such signage shall be in full compliance with this
chapter or any variances heretofore approved.