The purpose of this article is to set forth
supplemental regulations and conditions which are applicable to certain
land use activities in the Village of Groton which are sufficiently
unique, in terms of their effect on the surrounding environment and
the quality of the community, to warrant special evaluation of each
individual case.
[Amended 9-18-1995 by L.L. No. 4-1995; 7-18-2011 by L.L. No.
4-2011; 8-18-2014 by L.L. No. 6-2014]
Land use activities listed in Article IV, Activities Permitted in Certain Districts, and Schedule II, Land Use Activities, attached to this chapter, as being subject to special conditions or requiring a special permit shall not be considered permitted uses until such special conditions have been complied with or a special permit has been authorized by the Village Planning Board in accordance with the terms of this article.
A.
An application for a special permit shall not be approved unless the application is determined to be in conformance with each of the following standards, in addition to any standards specific to the use contained in Article X of this Chapter:
(1)
The proposed special use is, in fact, a special use listed and authorized
in the zoning district within which the property is located.
(2)
The proposed use subject to a special permit is consistent with the
objectives of the Village's Comprehensive Plan and this chapter.
(3)
The proposed use subject to a special permit is designed, constructed,
operated and maintained so to be harmonious and appropriate in appearance
with the existing or intended character of the general vicinity.
(4)
The proposed use subject to a special permit will not significantly
diminish the safety, use and enjoyment of surrounding property.
(5)
The proposed use subject to a special permit is adequately served
by essential public facilities and services such as streets, police
and fire service, drainage, refuse disposal, water and sewer, and
schools, or the persons or agencies responsible for the establishment
of the use subject to a special permit shall adequately provide any
such services.
(6)
The proposed use subject to a special permit does not create excessive
additional requirements at public expense for public facilities and
services, and will not be detrimental to the public health safety,
and welfare of the Village.
(7)
The proposed use subject to a special permit does not involve uses,
activities, processes, materials, equipment and conditions of operation
that will be detrimental to any persons, property the general welfare
by reason of excessive production of traffic, noise, smoke, fumes,
glare or odors.
(8)
The proposed use subject to a special permit provides vehicular access
to the property designed so as not to create interference with traffic
on surrounding public thoroughfares.
(9)
The proposed use subject to a special permit does not result in the
destruction, loss or damage of a natural, scenic or historic feature
of major importance.
(10)
The proposed use subject to a special permit complies with all
additional regulations in this chapter specific to the special use
requested.
B.
The Village Planning Board may establish such conditions and restrictions
upon the construction, location and operation of a use subject to
a special permit, as may be deemed necessary to promote the general
objectives of this chapter and to minimize any injury to the value
of property in the neighborhood. Such conditions shall be expressly
set forth in the approval resolution granting the special permit for
the use. Failure to maintain such conditions or restrictions as may
have been imposed shall constitute grounds for revocation of such
special use approval.
C.
The listing of special uses within each zoning district does not constitute an assurance or presumption that such special use will be approved. Rather, each proposed special use shall be evaluated on an individual basis, in relation to its compliance with the standards and conditions set forth in this section, any standards specific to the use as set forth in Article X, Use Standards, and with the standards for the district in which it is located, in order to determine whether approval of the special use is appropriate at the particular location and in the particular manner proposed.
D.
Limitations on special uses.
(1)
Special use approvals requiring building permits shall automatically
become null and void unless a building permit is issued and construction
is actually begun within one year of issuance and is thereafter diligently
pursued to completion. Other special use approvals shall become null
and void within one year if the proposed activity or use is not pursued
during that time. However, the Village Planning Board may extend the
one-year period to a mutually agreed upon time.
(2)
Special use approval authorizes the conduct of the special use only
on the property represented in the application and is not transferable
to other properties.
(3)
Any modification or intensification of a special use that alters
the essential character or operation of the use in a way not intended
at the time the special use was granted, as evidenced by the record
or text of this chapter, shall require a new special use approval.
(4)
The approval of a special use authorizes the property to be used
in the manner proposed, but does not alone authorize the establishment
or extension of any use, nor development, construction, reconstruction,
alteration, or moving of any building or structure, without first
obtaining any other required permit, including a zoning certificate,
building permit and certificate of occupancy.
E.
A record of all requests for special uses, including Village action
taken, shall be kept on file in the office of the Village Clerk and
copies shall be available, on request, to any person, for a fee specified
by the Village.
[Amended 12-10-1990 by L.L. No. 10-1990; 9-19-1994 by L.L. No. 7-1994; 12-15-1997 by L.L. No. 3-1997; 7-18-2011 by L.L. No. 4-2011]
The Code Enforcement Officer shall issue a building
permit for the following uses only when satisfied that the special
conditions specified in this section have been met and Planning Board
approval of the site plan has been obtained for the uses requiring
site plan review, as set forth in Schedule II of this chapter:[1]
A.
Commercial raising of livestock in the L Districts is permitted when
said activity is part of a normal farming operation and when the County
Health Department or other official or agency having jurisdiction
certifies in writing that said operation does not cause pollution
in any streams or drainage ways.
B.
Public or private commercial outdoor recreation activity in the SI
District is permitted when such activity is a facility for golf, miniature
golf, tennis, swimming, baseball, camping and similar outdoor recreation
and when the physical environment can be largely preserved in its
natural state. A detailed site plan will be prepared for review by
the Planning Board before a permit will be issued.
C.
Gas stations in the H Districts are permitted when such development
meets all of the conditions and requirements of this chapter.
D.
Sale and storage of lumber and building supplies in L Districts is
permitted when any such activity, located adjacent to a nonfarm residence,
is screened from said residence by rapidly growing decorative landscaping
at least six feet high at maturity and when light sources for outdoor
storage areas do not shine on adjacent property. Parking areas shall
be surfaced and drained.
E.
Printing, pluming, heating and electrical establishments in the L
Districts are permitted when any such activity, located adjacent to
a nonfarm residence and which requires outdoor storage, screens such
outdoor storage areas from said adjacent residence by rapidly growing
decorative landscaping at least six feet high at maturity. Parking
areas shall be surfaced and drained.
F.
Cluster housing in L, M and H Districts must be constructed as a planned development area, subject to the provisions of § 200-51, Planned development areas.
G.
Mobile Home Park Districts (MHP).
H.
Bed-and-breakfast in all districts.
I.
Satellite dishes in all districts. A ground-mounted satellite dish
shall be permitted when the dish is located in compliance with yard
requirements for accessory uses, and must be located in the side or
rear yard of the principal structure. A building permit must be obtained
from the Code Enforcement Officer prior to erecting a ground-mounted
dish over two feet in diameter. Landscaping may be required to help
visually screen the dish from adjacent properties.
[1]
Editor’s Note: Schedule II, Land Use Activities, is
included as an attachment to this chapter.
The purpose of a planned development area is to introduce a degree of flexibility in land use regulations which will encourage development in an imaginative and innovative way while, through the process of review and discussion, ensuring efficient investment and protection of community interest. A planned development, as defined in § 200-3, Definitions, of this chapter, shall be a permitted land use activity when it is undertaken in accordance with the terms of this section.
A.
Preliminary proposal. Any applicant wishing approval
for a planned development area shall submit his request to the Village
Board in the form of a preliminary proposal which shall include:
(1)
An outline of a development plan showing existing
and proposed land use and the approximate location of buildings and
other land use activities, existing topographic characteristics, existing
watercourses and natural or improved surface watercourses and natural
or improved surface water drainage courses or facilities, approximate
location of streets and existing land uses immediately adjacent to
the proposed planned development area.
(2)
A written explanation of the character, purpose and
proposed use, in detail, of the planned development, including the
type and density of any housing proposed, the water and sewage disposal
system proposed, surface water drainage facilities required, a general
statement of proposed financing and an indication of the expected
timetable for development.
B.
Developer's conference. Upon receipt of the preliminary
proposal, the Village Board shall forward it to the Planning Board
for review and report. Within 30 days after receipt of the Preliminary
Proposal, the Planning Board shall schedule an initial conference
with the applicant to review the proposed planned development, and
it may require the applicant to furnish additional information, plans
and maps. If said proposal seems to be in accordance with general
planning objectives for the area, the Planning Board shall establish
preliminary conditions, specifications and requirements under which
the proposal may be developed. Said preliminary requirements, conditions
and specifications shall supersede the normal regulations and provisions
of this chapter for the area under consideration. If the applicant
thereafter wishes to proceed with the planned development, he shall
submit to the Planning Board a statement of intent to comply with
all such preliminary conditions, requirements and specifications.
The Planning Board shall forward the statement of intent to the Village
Board along with its recommendation for the approval of the planned
development. Such recommendation shall include a statement of the
conditions, requirements, specifications and covenants with which
the applicant shall abide in developing the area and a statement regarding
the effect of the proposal on general planning objectives for the
area under consideration. In the event that the Planning Board recommends
that the planned development not be approved, such recommendation
shall include a detailed explanation of the basis for the Planning
Board's decision.
C.
Approval of the planned development.
(1)
Within 90 days after receipt of the Planning Board report on the proposed planned development, the Village Board shall hold a public hearing, advertised in accordance with § 200-78 of this chapter, and shall:
[Amended 12-10-1990 by L.L. No. 10-1990]
(a)
Approve the proposed planned development;
(b)
Approve it with conditions;
(c)
Disapprove the proposed planned development,
or
(d)
Return it to the Planning Board with such recommendations
for further study or reports as the Village Board may make and with
a request that the Planning Board shall make its report or recommendations
within such time as the Village Board may direct.
(3)
Conditional approval shall be for a period of one
year only and shall be subject to acceptance of a final development
plan.
D.
Final development plan.
(1)
Upon receiving conditional approval by the Village
Board, the applicant shall prepare a final development plan for submission
to the Planning Board. Such submission shall include:
(a)
Drawings showing the final location of any streets
and plot lines, the location of all drainage, sewage, water and other
utility lines, the location of all buildings and land use activities,
any areas to be conveyed, dedicated or reserved for parks or open
space indication of the appearance of proposed structures and materials
to be used and a landscaping and tree-planting plan and such other
improvements as may be required by the Planning Board.
(b)
Written statements, including any staging of
construction being considered, a timetable for construction and proof
of any performance guaranty or bond which may be required by the Village
Board.
(c)
Any additional statements, materials or plans
which may be required by the Planning Board.
(2)
The Planning Board shall file written approval of
the final development plan with the Village Board. A public hearing
shall be held by the Village Board to consider the plan, such hearing
to be held not less than 10 nor more than 30 days following publication
of notice of such hearing in the official newspaper of the Village.
Within 40 days following the hearing, the Village Board shall approve
or disapprove the plan.
E.
Review.
(1)
One year from the date of the conditional approval by the Village Board, as provided in Subsection C, the proposed planned development shall be subject to review by the Planning Board. If a final development plan has not been submitted or substantial progress has not made toward eventual completion of the project, the Planning Board may recommend to the Village Board that conditional approval be withdrawn or, with good cause, extended for an additional year. In that event, the planned development shall be subject to annual review by the Planning Board and action by the Village Board, until it is completed in accordance with the final development plan or an approved modification of said final development plan. If conditional approval of the planned development is withdrawn at any time, the land use regulations applicable to the area prior to approval of said planned development shall again be in effect.
(2)
Unless construction of the improvements of a final
development plan shall have been commenced and the work has substantially
progressed within one year from the date of approval by the Village
Board of the final development plan, the approval shall be deemed
to have been canceled unless an extension of time of at least one
year is granted to the applicant by the Village Board. No building
permit shall be issued at any time after the expiration of one year
from the date of the final approval by the Village Board except with
the permission of the Village Board, and any building permit issued
shall expire one year from the date of issue unless there has been
substantial progress in the work for which the permit was issued.
F.
Control of planned development.
(1)
After approval of a final development plan for a planned
development, minor changes, extensions or alterations in said development
may be made only after they have been approved by the Planning Board.
Major changes are subject to the same review and approval procedure
as in the case of original application.
G.
Planned Development Area - 1(PDA-1).
[Added 4-17-1985 by L.L. No. 2-1985]
(1)
The area in the Village described in Schedule A, as
filed in the office of the Village Clerk, is hereby established as
a planned development area to be designated as Planned Development
Area - 1 (PDA-1). The filed description of PDA-1 is available for
inspection at the office of the Village Clerk.
[Amended 12-10-1990 by L.L. No. 10-1990]
(2)
The above planned development area and any extensions
thereof shall be established, developed, used and occupied in accordance
with the provisions of this section. Without limiting the foregoing
and in order to promote the objectives of this section, and otherwise
to promote the health, safety and welfare of the residents of the
Village, the following provisions are adopted to apply to the PDA-1
and any extensions of such PDA-1 to cover additional lands adjacent
thereto. Such provisions are included to provide the Village Board
and the Village Planning Board with guides and standards for the development
of this particular PDA-1, or any territorial extensions thereof as
herein provided, which take into account the location and characteristics
of this particular area. Such additional provisions shall not be deemed
to limit the broad powers, guides and standards granted and provided
by this section.
(a)
The permitted land uses shall be those described
in Schedule II, Land Use Activities, under "Industrial and manufacturing
establishment," of this chapter.[1] The Village Board may, in its legislative discretion,
amend this subsection to permit commercial or residential uses.
[1]
Editor's Note: Schedule II, Land Use Activities,
is included at the end of this chapter.
(b)
All exterior illumination shall be nonflashing.
The placement, height and number of lighting facilities and the intensity
of illumination shall be such as will provide reasonable illumination
for the needs of the area and reasonably lessen the impact thereof
on adjacent areas. The use of neon, sodium or halogen lights or poles
less than 20 feet in height may be permitted in parking areas.
(c)
Drainage facilities in this area must take into
account the impact of drainage on downstream drainage channels and
downstream lands and, in view of the foregoing, must be designed,
maintained and modified, as necessary, to provide proper drainage
facilities, including, without limiting the foregoing, the intensity
and quantity of flow into and across downstream drainage channels
and downstream areas.
(d)
All landscaping, grading, fencing, erection
and maintenance of signs and other peripheral features shall be developed
in a coordinated manner to provide a harmonious appearance and to
provide year-round shielding. Buffer areas shall be constructed and
maintained in the area of such depth as the Planning Board may reasonably
require to provide adequate year-round dense shielding for the benefit
of adjacent areas, particularly residential areas.
(e)
Sufficient parking spaces shall be provided
on the site or any extensions thereof to accommodate all personnel
associated with the activity conducted thereon and all visitor and
delivery vehicles.
(f)
All materials used in connection with the development's
activity shall be enclosed within suitable structures.
(g)
Outdoor areas shall be kept in a neat, clean
condition, free of all debris, trash, noxious and untidy materials.
All refuse and garbage shall be stored in enclosed containers.
(h)
Sufficient provisions, taking into account the
character of the neighborhood in the area, shall be made for building
controls, including the following:
[1]
Building height, including all ancillary devices,
e.g., radio towers, or accessory components, e.g., cooling towers,
shall be limited to a maximum height of 30 feet.
[Amended 7-18-2011 by L.L. No. 4-2011]
[2]
Setback requirements.
[a]
Adequate front yard setback (at
least 40 feet) shall be maintained between all structures and parking
areas, other than visitor and/or executive, and the highway or street
rights-of-way.
[b]
Side lot setback requirements and
lot area coverage shall be as determined and/or approved by the Planning
Board, in its review of the development or site plan.
(i)
Development or site plan review, building permits
and construction. The development of the area or, if done in phases,
any phase of such development shall be in accordance with the final
site plan or development plan approved and adopted pursuant to this
section. Subsequent phases of construction and development shall be
similarly subject to such approval. No building permit shall be issued
and no construction of any structures or other improvements shall
begin until such construction has been approved by the Village Planning
Board in its review of the development or site plan. If construction
is done in phases, any further construction which has not been previously
and specifically shown, reviewed and approved on the development or
site plan by the Planning Board shall be preceded by a further review
of such plan and approval by such Board.
(j)
The provisions of this section shall apply to
and govern not only the planned development area described above but
any extensions thereof into adjacent lands on the east now in the
Town of Groton and which shall be annexed to the Village or, if not
so annexed, to the extent that such provisions may be adopted pursuant
to the Town of Groton's Zoning Regulations. It is now intended that
the combined areas as now substantially described in Schedule B[2] shall be developed as one combined unit. Such provisions
shall also apply to any lands on the south of PDA-1, as described
therein, which may be incorporated in and developed as part of the
PDA-1 as described above.
[2]
Editor's Note: Schedule B, Description of
Combined Lands in the Village and Town of Groton, is on file in the
office of the Village Clerk where it is available for inspection.
[Amended 9-19-1994 by L.L. No. 7-1994; 9-18-1995 by L.L. No.
4-1995; 3-17-1997 by L.L. No. 1-1997; 7-18-2011 by L.L. No.
4-2011]
The Code Enforcement Officer shall issue building
permits for the following land uses only after a special permit has
been authorized by the Planning Board unless otherwise specified in
this chapter. Upon application for a special permit, the Planning
Board shall hold a public hearing in accordance with the applicable
provisions of New York State Village Law § 7-725-b, as reflected
in Subsection K below. The Planning Board, in rendering its decision,
must determine that the special conditions and requirements, with
respect to each use, hereinbelow set forth, can be complied with,
and the Planning Board shall impose such reasonable conditions and
restrictions as are directly related to and incidental to the proposed
special permit which must be met to ensure compliance with said conditions
and requirements or to satisfy such other requirements as are reasonably
determined by the Planning Board to be necessary.
A.
Kennel and facility for the commercial boarding of
animals in L and SI Districts. Special requirements are as follows:
(1)
Pens and exercise runways must be completely enclosed
within a building or, if not enclosed, must be located at least 750
feet from any adjoining property line.
(2)
No outdoor storage of refuse, feed or other material
is permitted.
(3)
At least three off-street parking spaces must be provided.
(4)
Identification signs shall be limited to one in number
and shall be no larger than nine square feet in area, and, if illuminated
signs are permitted by this chapter and by the Planning Board, they
shall be nonflashing.
B.
Veterinary hospital in L and H Districts. Special
requirements are as follows:
(1)
Such facility must be designed to accommodate small
animals, such as dogs, cats and birds.
(2)
The hospital must be completely enclosed. An outdoor
exercise facility may be permitted, provided its perimeter is fenced
in and landscaping is utilized to provide a visual and audible buffer.
(3)
Use of the hospital as a kennel shall be limited to
short-time boarding.
(4)
No outdoor storage of refuse, feed or other material
and no on-site incineration of refuse is permitted.
(5)
An odor-absorbing air-filtration system must be used.
(6)
Plans and specifications must be certified by an acoustical
engineer that the proposed structure will provide adequate sound absorption.
(7)
At least three off-street parking spaces must be provided
for each doctor and one for each employee.
(8)
Identification signs shall be limited to one in number
and shall be no larger than 50 square feet in area, and, if illuminated
signs are permitted by this chapter and by the Planning Board, they
shall be nonflashing.
C.
Public or private social recreation or club in L and
M Districts. Special requirements are as follows:
(1)
Layout, architectural design and landscaping of the
proposed facility must be compatible with the environmental character
of the surrounding neighborhood.
(2)
Parking facilities must be adequate for the proposed
use. Parking shall not be located in any front yard, and all parking
areas shall be paved and drained. Yards shall be landscaped. Screening
from adjacent property may be required.
D.
Drive-in restaurant, car wash and similar automobile-oriented
establishment in the H Districts. Special requirements are as follows:
(1)
Curb cuts and driveways must be well defined and no
more than 25 feet in width; driveways and parking areas must be paved
and well drained.
(2)
Unpaved areas must be suitably landscaped; sufficient
shrub, hedge, foliage or tree screening must be provided.
(3)
Exterior and interior lighting shall be of such type
and shall be so arranged that no glare will be produced on adjacent
properties, nor will such light be distracting to the owners of adjacent
properties or to passing motorists; if illuminated signs are permitted
by the Board, such signs must be of the nonflashing variety.
(4)
Suitable facilities for garbage, refuse and debris
storage must be provided within enclosed areas.
E.
Electric and gas transmission, etc., in the SI Districts.
Special requirements are as follows:
(1)
Landscaping must be compatible with the surrounding
environment.
F.
Industrial and agricultural equipment sales and services
in the L Districts. Special requirements are as follows:
(1)
Layout and landscaping of such facility must not detract
from the existing environmental character of the surrounding neighborhood.
Suitable screening must be provided.
(2)
Required lighting shall not be more than 20 feet above
the ground and must not produce glare on adjacent properties or distract
passing motorists.
(3)
Suitable provision must be made for storage of garbage,
debris and refuse in enclosed areas.
G.
Excavation and extraction of natural products is permitted
in the L Districts only by special permission of the Planning Board.
(1)
In such areas, no sod, loam, sand, gravel, oil, mineral,
stone or other similar substances or products, whether on or under
the surface of land, shall be removed or offered for sale or deposited
or stored on any parcel of land for sale or distribution without a
special permit of the Planning Board.
(2)
In applying for such approval, the applicant shall
submit to the Board a plan of the proposed project showing property
lines, adjacent public streets, grades and depths of the proposed
removal, soil types to be removed, proposed regrading and replanting
of the property upon completion of the operation and such other information
and data as the Board may require. In making any determination with
respect to the proposed use, the Board shall take into account the
distance of the operations from neighboring property and public streets,
the possible detrimental effect of such use to the future development
of the land in question and the possible nuisance or detrimental effect
of the operation on the owners and occupants of land in the neighborhood
and to the community as a whole.
(3)
The Board may impose such conditions upon the granting
of any such special permit as may be reasonably necessary to protect
the general health, welfare and safety of the community and the use
of neighboring lands by the owners and occupants thereof, which conditions
may include, among others, a limitation of the hours of the day within
which such operations are permitted, the duration for which the permit
is granted, specific plans for regrading, replanting or other restoration
of the land, erection of fences, the control of dust and noise and
the requirement that a performance bond be posted to insure compliance
with the requirements and conditions of this chapter and any other
reasonable conditions imposed by the Board.
(4)
There is excepted from the provisions of this subsection such excavations, filling or grading on a parcel of land as are reasonably incident to and necessary for the construction of a building upon any such parcel of land pursuant to a lawfully issued building permit. In such cases, the officer issuing the building permit may impose reasonable conditions for the extraction and for the removal of any excavated or extracted material within a reasonable period of time, in accordance with the standards set forth in Subsection G(2) above.
(5)
This subsection shall apply also to the dumping and
storage of any such natural substances and products upon any parcel
of land in any area of the Village.
(6)
This subsection shall not apply to operations conducted
by the Village of Groton for municipal and governmental purposes.
H.
Hospitals, clinic, nursing or convalescent home and
other such building or institution in L and H Districts. Special requirements
are as follows:
I.
Home occupation in L, M, H, SI, SF and MHP Districts.
Special requirements are as follows:
(1)
The use is located in an owner-occupied dwelling unit,
or in a building accessory to such unit and on the same lot.
(2)
All activity, including storage, is conducted entirely
within the dwelling unit or accessory building and no special construction
or structural alteration or expansion is needed.
(3)
The use is operated by the owner-occupant, and no
more than two persons who do not live in the dwelling unit are employed
in the business.
(4)
The use does not produce an unusual demand for parking
and does not display or create, outside the dwelling unit or accessory
building, any evidence of the home occupation.
(5)
No offensive noise, odor, smoke, dust, heat, glare
or electrical disturbance is produced by the use.
J.
Elder cottages in L, M, H and SF Districts. Special
requirements are as follows:
(1)
Use limitation: an elder cottage shall not be occupied
by more than two persons:
(a)
Who shall be the same persons enumerated on
the application for the elder cottage;
(b)
Who shall be persons at least one of whom shall
be 62 years of age or older or who shall have a doctor's statement
that such persons are unable to live independently; and
(c)
At least one of whom shall be related by blood,
marriage or adoption to one of the owners and occupants of the principal
dwelling on the lot where the elder cottage is located. Subsequently,
if the elder cottage occupant who is related to one of the owners
or occupants of the principal dwelling no longer occupies the elder
cottage, the permit may be renewed for the other elder cottage occupant,
even if the person is not related.
(2)
Dimensional limitations.
(a)
An elder cottage shall not exceed 750 square
feet in total floor area.
(b)
Notwithstanding any other provision of this
code, the minimum size of an elder cottage shall be no less than what
is allowed by the New York State Uniform Fire Prevention and Building
Code.
(c)
An elder cottage shall not exceed one story
in height and under no circumstances shall the total height exceed
20 feet.
(3)
Location requirements.
(a)
An elder cottage shall, subject to the further
limitations of this code, be located only on a lot where there already
exists a one-family or two-family dwelling.
(b)
No elder cottage shall be located within the
front yard of any lot.
(c)
No elder cottage shall be permitted on a nonconforming
building lot.
(d)
No more than one elder cottage shall be located
on any lot.
(e)
The erection of the elder cottage shall be otherwise
in conformity with all other provisions of the Zoning chapter, including
lot coverage and side and rear yard setbacks.
(4)
Building requirements.
(a)
An elder cottage shall be clearly subordinate
to the principal building on the lot, and its exterior appearance
and character shall be in harmony with the existing principal building.
(b)
An elder cottage shall be constructed in accordance
with all applicable laws, regulations, codes and ordinances, including
the New York State Uniform Fire Prevention and Building Code. If an
elder cottage is a factory-manufactured home or component, in addition
to complying with any other law, it shall bear an insignia of approval
or other equivalent, legally recognized indicia of compliance with
applicable laws, issued by the New York State Fire Prevention and
Building Code Counsel or the New York State Division of Housing and
Community Renewal.
(c)
An elder cottage shall be constructed so as
to be easily removable. The cottage's foundation shall be of easily
removable materials so that the lot may be restored to its original
use and appearance after removal with as little expense as possible.
No permanent fencing, walls or other structures shall be installed
or modified that will hinder removal of the cottage from the lot.
(d)
Adequate water supply and sewage disposal arrangements
shall be provided, which may include connections to such facilities
of the principal building. If an elder cottage is located in an area
where electrical, cable and/or telephone utilities are underground,
such utilities serving the elder cottage shall also be underground.
(e)
It shall be disclosed at the time of application
whether the proposed inhabitants of an elder cottage will have a car.
If so, an adequate area for parking shall be required for the expected
number of cars.
(5)
Issuance of special permit.
(a)
The construction or placement of an elder cottage on a lot shall not occur until the Planning Board has granted site plan approval and has instructed the Code Enforcement Officer to issue a special permit and, if all other applicable requirements are met, a building permit. (See § 200-52M.)
(b)
The special permit shall be for a period of
two years (unless earlier terminated as set forth below) and thereafter
may be renewed every two years by the Code Enforcement Officer upon
receipt of an application for same, provided that the circumstances
at the time of original application have not changed. If the circumstances
at the time of the original application have changed, site plan review
and approval by the Planning Board is required.
(c)
The application for issuance of a special permit
for an elder cottage shall contain such information as the Planning
Board may require to adequately review the proposed unit, but shall
contain at a minimum:
[1]
The name of the owner of the lot.
[2]
The name of the occupants of the principal building.
[3]
The name of proposed occupants of the elder
cottage.
[4]
The age of the proposed occupants of the elder
cottage.
[5]
The relationship of elder cottage occupants
to owners and occupants of the principal building.
[6]
A sketch plan or survey, which shall be drawn
to scale, showing:
[7]
Sketches, drawings, pictures or other materials
which adequately describe the layout and appearance of the proposed
elder cottage.
[8]
Agreement to remove the elder cottage when it
no longer qualifies as such.
[9]
Consent for the Village to enter on the property
and to remove the elder cottage if the owner fails to timely remove
it, as set forth below.
(d)
By applying for a special permit for the erection
of an elder cottage, the owner of the lot in which the elder cottage
is to be located, for himself or herself, his or her heirs, successors
and assigns, irrevocably consents to the entry of the Village and
its authorized officials and agents upon the property, after notice
and an opportunity to be heard before the Board of Appeals, for the
purpose of removing the elder cottage in the event the requirements
for maintenance of same are no longer met, and further agrees that
any costs incurred by the Village in so removing the cottage shall
become a lien upon the property on which the cottage was located.
(6)
Expiration of special permit.
(b)
Without limiting other evidence of a permanent
change of residence, continued absence from the elder cottage of a
person for a period of 90 consecutive days shall be considered to
be a permanent change of residence.
(c)
During the ninety-day period following any of
the events set forth in Sections (a) and (b) above, the elder cottage,
including its foundation, shall be removed, and the site shall be
restored so that no visible evidence of the elder cottage and its
accessory elements remains, or a new application for an elder cottage
shall be submitted.
(d)
If the elder cottage has not been removed by
the end of the ninety-day period, in addition to the existing sanctions
in the code, actions to ensure removal may be taken, including removal
and salvage by the Village, with any costs incurred charged to the
owner of the lot.
K.
Governmental
building, fire station and private schools. (See also NYS Department
of State Legal Memoranda LU07 "Firehouses and Zoning" and LU14 "Governmental
Immunity from Zoning.") Special requirements are as follows:
(1)
The
lot area is sufficient, appropriate and adequate for the use;
(2)
The
proposed use will not prevent the orderly and reasonable use of adjacent
properties;
(3)
The
proposed use at the particular location is necessary or desirable
to provide a service or facility which will contribute to the general
well-being of the neighborhood or the community;
(4)
The
access facilities are adequate for the estimated traffic from public
streets or highways, so as to ensure the public safety and to avoid
traffic congestion, and further that vehicular entrances and exits
shall be clearly visible from the street and not be within 50 feet
of the intersection of street lines at a street or highway intersection
except under unusual circumstances;
(5)
The
proposed use will be in harmony with the probable future development
of the neighborhood and will not discourage the appropriate development
and use of adjacent land and buildings or impair their value.
L.
Adult entertainment businesses. (See also Article XIX.) Adult entertainment businesses in H Districts are subject to the provisions of Section § 200-50 L, and §§ 200-84 through 200-87, inclusive, and are subject to the following special requirements as follows:
(1)
The
lot area is sufficient, appropriate and adequate for the use;
(2)
The
proposed use will not prevent the orderly and reasonable use of adjacent
properties;
(3)
The
proposed use at the particular location is necessary or desirable
to provide a service or facility which will contribute to the general
well-being of the neighborhood or the community;
(4)
The
access facilities are adequate for the estimated traffic from public
streets or highways, so as to ensure the public safety and to avoid
traffic congestion, and further that vehicular entrances and exits
shall be clearly visible from the street and not be within 50 feet
of the intersection of street lines at a street or highway intersection
except under unusual circumstances;
(5)
The
proposed use will be in harmony with the probable future development
of the neighborhood and will not discourage the appropriate development
and use of adjacent land and buildings or impair their value.
M.
Public hearing and decision on special permits.
(1)
The Planning Board shall conduct a public hearing
within 62 days from the day an application is received for a special
permit. Public notice of said hearing shall be printed in a newspaper
of general circulation in the Village at least five days prior to
the date thereof.
(2)
The Planning Board shall decide upon the application
within 62 days after the close of the public hearing. This time period
may be extended by mutual consent of the applicant and the Planning
Board.
(3)
The decision of the Planning Board on the special
permit application shall be filed in the office of the Village Clerk
within five business days after the day such decision is rendered
and a copy of the decision shall be mailed to the applicant.
(4)
At least 10 days before the public hearing, the Planning
Board shall mail notices thereof to the applicant and to the County
Planning Department, as required by § 239-m of the General
Municipal Law, which notice shall be accompanied by a copy of the
special permit application.
(5)
The Planning Board shall comply with the provisions
of the State Environmental Quality Review Act under Article 8 of the
Environmental Conservation Law and its implementing regulations as
codified in 6 N.Y.C.R.R. 617.
N.
Storage
trailers.
(1)
Any
extension of time periods in the High Intensity and other zoning districts
will require a special permit. No single extension of any time period
shall be for a greater term than the initial permitted time period.
To obtain such special permit the applicant should:
(a)
Demonstrate to the Planning Board the need for the extra time or
extension and
(b)
Provide a date in which the storage trailer will no longer be needed
and removed.
(c)
Further, the Code Enforcement Officer is authorized to approve up
to two additional extensions of the same period provided that the
need is consistent with the original application.
(2)
Such
special permit shall be issued only upon findings by the Planning
Board that the present use of the storage trailer is in all respects
in accordance with the applicable provisions of the Village of Groton
Code, that granting the extension sought will not be detrimental to
or endanger the public health, safety or general welfare, and that
granting the extension sought will not be injurious to the use and
enjoyment of other property in the vicinity or neighborhood.
O.
Special permit for the establishment, construction or conversion
of existing structure to rooming houses and/or boardinghouses or multifamily
dwellings in the High-Intensity District. Special requirements are
as follows:
[Added 8-18-2014 by L.L. No. 6-2014]
(1)
Availability of off-street parking. One space for the owner/manager
and 0.5 space for each room rented. Parking areas shall be paved and
drained. Screening from adjacent property may be required. Parking
on lots may be limited and it will be at the discretion of the Planning
Board as to the adequacy of the location of the parking spaces.
(2)
The structure must be appropriate and suitable for the use as a rooming
house.
(3)
Fire-alarm systems must be installed in compliance with NFPA 72 Standards.
(4)
Compliance with all applicable state, federal and local laws, ordinances,
rules, regulations, and the codes of the Village of Groton with respect
to, but not limited to, property maintenance, etc.
(5)
Requirement for site plan review if conditions warrant it, as determined
by the Village Planning Board.
(7)
The owner of a rooming house is required to name a managing agent
over the age of 18 years to receive, but not be limited to, service
of notices, orders or summonses issued by the Village of Groton Code
Department. The Village Code Enforcement Officer is to be provided
with the full name, mailing and office or resident address, business
or other phone number, fax number and e-mail address of the managing
agent. The managing agent is required to have a residence or a regularly
attended business office within the Town or Village of Groton, unless
other arrangements are agreed upon by the Village Planning Board
(8)
Any building that is going to be converted to a multifamily or rooming house or boardinghouse shall obtain a building permit for any work requiring same, and shall obtain a firesafety and electrical inspection/survey before the work is to take place. The fee for such firesafety and electrical inspection/survey shall be set by the Village Board of Trustees pursuant to § 101-16 of the Code of the Village of Groton.
