A.
Intent. The purpose and intent of this district is
to provide areas where the living environment associated with one-family
residential development is encouraged and preserved. It is the specific
purpose and intent to:
[Amended 6-28-2021 by L.L. No. 9-2021]
(1)
Encourage the use of the land for one-family residential
dwellings and the development of recreational, educational and religious
facilities required for a balanced residential neighborhood.
(2)
Prohibit all short-term leasing, business, commercial
and industrial uses.
(3)
Discourage all uses which would generate other than
normal traffic on residential streets.
D.
Lot requirements.
(1)
Minimum lot area: 6,000 square feet of lot area shall
be provided for each one-family dwelling or special use permitted
in this district.
(2)
Minimum lot width: 60 feet.
(3)
Maximum lot coverage: 30%.
(4)
Minimum front yard setback: 25 feet.
(5)
Minimum side yard setback, each side: five feet.
(6)
Minimum rear yard setback: 25 feet.
(7)
Maximum height of structures: 30 feet.
A.
Intent. The purpose and intent of this district is
to provide areas which permit one-family dwellings on existing smaller-sized
lots and at a greater density than permitted in other one-family districts,
while still protecting the amenities and characteristics associated
with low-density residential development. It is the specific purpose
and intent to:
[Amended 6-28-2021 by L.L. No. 9-2021]
(1)
Encourage the continuous use of land for one-family
residential dwellings and the development of recreational, educational
and religious facilities required for a balanced one-family residential
neighborhood.
(2)
Prohibit short-term leasing, business, commercial
and industrial uses.
(3)
Discourage all land use that would generate other
than normal traffic on residential streets.
D.
Lot requirements.
(1)
Minimum lot area: 4,000 square feet of lot area shall
be provided for each one-family dwelling or special use permitted
in this district.
(2)
Minimum lot width: 40 feet.
(3)
Maximum lot coverage: 30%.
(4)
Minimum front yard setback: 20 feet; except that an
open porch or deck not exceeding 35 square feet in area may extend
into the required front yard setback, provided that in no case shall
the front yard setback be reduced to less than 10 feet.
(5)
Minimum side yard setback, each side: five feet.
(6)
Minimum rear yard setback: 20 feet.
(7)
Maximum height of structures: 30 feet.
A.
Intent. The purpose and intent of this district is
to provide areas where the living environment associated with one-
and two-family residential development is encouraged and preserved.
It is the specific purpose and intent to:
[Amended 6-28-2021 by L.L. No. 9-2021]
(1)
Encourage the use of the land for one- and two-family
residential dwellings and the development of recreational, educational
and religious facilities required for a balanced one- and two-family
residential neighborhood.
(2)
Prohibit all short-term leasing, business, commercial
and industrial uses.
(3)
Discourage all uses which would generate other than
normal traffic on residential streets.
A.
Intent. The purpose and intent of this district is
to provide areas which permit one- and two-family dwellings on existing
smaller-sized lots and at a greater density than permitted in other
one- and two-family districts, while still protecting the amenities
and characteristics associated with low-density residential development.
It is the specific purpose and intent to:
[Amended 6-28-2021 by L.L. No. 9-2021]
(1)
Encourage the use of the land for one- and two-family
residential dwellings and the development of recreational, educational
and religious facilities required for a balanced one- and two-family
residential neighborhood.
(2)
Prohibit all short-term leasing, business, commercial
and industrial uses.
(3)
Discourage all uses which would generate other than
normal traffic on residential streets.
A.
Intent. The purpose and intent of this district is
to provide areas where the living environment associated with multiple-dwelling-unit
development is encouraged and preserved. It is the specific purpose
and intent to:
[Amended 6-28-2021 by L.L. No. 9-2021]
(1)
Encourage multiple-dwelling-unit developments near
or adjacent to highways designed to handle traffic volumes higher
than those generated on one- and two-family residential streets.
(2)
Encourage the development of recreational facilities
and off-street parking within multiple-dwelling-unit developments.
(3)
Prohibit all short-term leasing, business, commercial
and industrial uses.
C.
Special permit uses. The following uses are permitted upon the issuance of a special permit, pursuant to § 235-42 of this chapter:
(1)
Schools.
(2)
Churches, parish houses and convents.
(3)
Utility service facilities.
(4)
Cemeteries.
(5)
Transitional parking areas.
(6)
Multiple dwellings used exclusively or in part for
group quarters or care homes.
(7)
Offices and personal-service shops when located on
the first story of a principal structure, used as a multiple dwelling
for group quarters or care homes, and provided that no sign or advertising
device be permitted that would be visible from the street or a public
highway; and further provided that such use will not alter the essential
character of the adjacent neighborhood or district.
D.
Lot requirements.
(1)
Minimum lot area:
(a)
Six thousand square feet shall be provided for
each one-family dwelling or special use permitted in this district.
(b)
Ten thousand square feet shall be provided for
each two-family dwelling.
(c)
Three thousand five hundred square feet shall
be provided for each dwelling unit contained in a multiple dwelling
or townhouse.
(3)
Maximum lot coverage: 30%.
(4)
Minimum front yard setback: 30 feet.
(6)
Minimum rear yard setback: 30 feet.
(7)
Maximum height of structures: 30 feet.
E.
Multiple dwellings:
(1)
The maximum number of dwelling units per principal
structure, except court structures, shall be 10 units. The maximum
number of dwelling units per court structure shall be 30.
(2)
Distances between structures. The minimum distance
between principal structures or court structures shall be 30 feet
as measured in any direction. The minimum width between facing walls
of an inner court shall be 40 feet.
(3)
All access roads in excess of 100 feet in length shall
be public streets and may be included in computing applicable lot
area requirements.
[Added 3-25-2019 by L.L.
No. 2-2019]
A.
Intent. The intent of this district is to provide a similar use as
the R-4 District but to permit limited commercial uses on the first
floor of a multiple dwelling erected in an appropriate location for
this type of use.
B.
C.
Lot requirements.
(1)
Minimum lot area: 3,500 square feet shall be provided for each
dwelling unit contained in a multiple dwelling.
(2)
Minimum lot width: 200 feet.
(3)
Maximum lot coverage: 30%.
(4)
Minimum front yard setback: 30 feet if no commercial use; 75
feet with commercial use(s).
(5)
Minimum side yard setback: 30 feet.
(6)
Minimum rear yard setback: 40 feet.
(7)
Minimum floors: two.
(8)
Maximum height of structures: 40 feet.
(9)
Minimum distance between principal or court structures shall
be 30 feet as measured in any direction. Minimum width between facing
walls of an inner court shall be 40 feet.
(10)
All access roads in excess of 100 feet in length shall be public
streets and may be included in computing applicable lot area requirements.
A.
Intent. The intent of this district is to maintain
a quality of environment to provide for leisure, recreational areas,
facilities, baseball diamonds, walking trails, bicycle trails, swimming
pools, recreation buildings and all other uses related directly to
the statement of intention hereinabove set forth and to permit a conservative
balance of R-1 District uses compatible with these overall objectives.
B.
Uses permitted.
(1)
Open green areas, parks, recreation areas, public
or private golf courses, driving courses, recreational facilities,
baseball diamonds, walking trails, bicycle trails, swimming pools,
recreation buildings and all other uses related directly to the statement
of intention hereinabove set forth.
(2)
Agricultural uses.
(3)
In the case of interpretation as to the compatibility
of such other uses, such matters shall be referred to the Board of
Appeals for interpretation.
A.
Intent. The purpose and intent of this district is
to provide areas where the residential living environment associated
with high-quality mobile home parks is encouraged and preserved. It
is the specific purpose and intent to:
[Amended 6-28-2021 by L.L. No. 9-2021]
(1)
Encourage mobile home parks near or adjacent to highways
designed to handle large traffic volumes.
(2)
Prohibit individual ownership of mobile home sites.
(3)
Encourage the development of recreational facilities
and off-street parking within mobile home parks.
(4)
Prohibit all short-term leasing and other residential,
business, commercial and industrial uses.
D.
Lot requirements.
(1)
A minimum area of 4,000 square feet shall be provided
for each mobile home site. The minimum lot area for each special use
permitted in this district shall be 6,000 square feet.
(2)
Minimum lot width: 55 feet.
(3)
Maximum lot coverage: 40%.
(4)
Minimum front yard setback: 15 feet.
(5)
Minimum side yard setback, each side: 10 feet.
(6)
Minimum rear yard setback: 15 feet.
(7)
Maximum height of structures: 30 feet.
E.
All mobile home sites situated within a mobile home
park shall be owned by the park owner and shall be leased to the mobile
home owner.
F.
Sale of mobile homes; mobile home for model purposes.
(1)
No mobile home shall be offered for sale, displayed
for sale or sold within a mobile home park unless such mobile home
is fully connected to all operating utilities and is placed on a site
in the mobile home park.
(2)
No more than one mobile home for model purposes on
a mobile home site shall be permitted in a mobile home park.
G.
The outside storage of any equipment, furniture, tools
or similar material in this district is prohibited.
A.
Intent. The intent of this district is to provide
areas, in or adjacent to residential neighborhoods, for commercial
uses which provide essential convenience goods and services to the
residents thereof. It is the specific intent to prohibit uses which
would:
D.
Lot requirements.
(1)
Six thousand square feet of lot area shall be provided
for each use or special use permitted in this district.
(2)
Minimum lot width: 60 feet.
(3)
Maximum lot coverage: 50%.
(4)
Minimum front yard setback: 20 feet.
(5)
Minimum side yard setback, each side: 10 feet.
(6)
Minimum rear yard setback: 25 feet.
(7)
Maximum height of structures: 30 feet.
E.
Outside storage. The outside storage of any equipment,
products, raw materials, waste or similar material in this district
is prohibited.
A.
Intent. The intent of this district is to provide
areas, on highways designed to handle large traffic volumes, for commercial
uses which primarily serve the motoring public and which function
rather independently of each other. It is the specific intent to confine
the use of this district to existing areas that have been developed
in this fashion without extension, to prohibit residential uses and
to prohibit uses which would:
B.
The Town Board of the Town of Salina hereby makes
a specific legislative finding that C-2 Districts were patterned to
accommodate an existing conglomeration of uses, and that any extension
thereof should bear the closest scrutiny by the Town Board and all
other boards concerned with any zone change or variance to C-2 Districts
so that the strict intention of this section may be carried out.
D.
Special permit uses. The following uses are permitted subject to the issuance of a special permit therefor, pursuant to § 235-42 of this chapter:
(1)
Restaurants; drive-in restaurants; packaged-food restaurants.
(2)
Gasoline service facilities.
(3)
Motor vehicle leasing facilities.
(4)
Recreation facilities, including clubs, miniature
golf and driving ranges (exclusive of golf courses).
(5)
Funeral homes.
(6)
Animal hospitals and kennels.
(7)
Transitional parking areas.
(8)
Utility service facilities.
(9)
Cemeteries.
F.
Outside storage. The outside storage of any equipment,
products, raw materials, waste or similar material in this district
is prohibited, as well as the outside storage of disabled vehicles,
parts thereof, vehicles not qualifying for a New York State automobile
inspection sticker, wrecked vehicles and parts thereof, and junk of
any type.
A.
Intent. The intent of this district is to provide
areas, on highways designed to handle large traffic volumes, for well-planned
and -designed commercial uses which primarily serve the motoring public
and which are generally compatible with each other. It is the specific
intent to prohibit residential uses and uses which would:
B.
Uses permitted.
(1)
Restaurants; drive-in restaurants; packaged-food restaurants.
(2)
Hotels; motels.
(3)
Retail sales and service.
(4)
Offices.
(5)
Radio and television studios.
(6)
Shopping centers, provided that no gasoline service
facility use shall be permitted except upon the issuance of a special
permit therefor.
(7)
Theaters.
(8)
Day-care centers.
C.
Special permit uses. The following uses are permitted subject to the issuance of a special permit therefor, pursuant to § 235-42 of this chapter:
(1)
Gasoline service facilities.
(2)
New motor vehicle sales facilities.
(4)
Outdoor theaters.
(5)
Recreation facilities, including clubs, miniature
golf and driving ranges (exclusive of golf courses).
(6)
Funeral homes.
(7)
Animal hospitals and kennels.
(8)
Transitional parking areas.
(9)
Utility service facilities.
(10)
Cemeteries.
(11)
Used motor vehicles sales facilities with motor
vehicle services and motor vehicle body repair services for the general
public.
[Amended 9-8-2008 by L.L. No. 4-2008]
(12)
Motor vehicle services facilities.
E.
Outside storage. The outside storage of any equipment,
products, raw materials, waste or similar material in this district
is prohibited, as well as the outside storage of disabled vehicles,
parts thereof, vehicles not qualifying for a New York State automobile
inspection sticker, wrecked vehicles and parts thereof, and junk of
any type.
A.
Intent. The intent of this district is to promote
districts containing only office uses in areas where the additional
uses permitted in other office and light industrial districts might
be detrimental to adjoining uses areas. It is the specific intent
to:
D.
Lot requirements.
(1)
Minimum lot area: 8,000 square feet for new or extended
use.
(2)
Minimum lot width: 60 feet.
(3)
Maximum lot coverage: 50%.
(4)
Minimum front yard setback: 40 feet.
(5)
Minimum side yard setback, each side: 15 feet.
(6)
Minimum rear yard setback: 20 feet.
(7)
Maximum height of structures: 30 feet.
E.
Outside storage. The outside storage of any equipment,
products or similar material in this district is prohibited.
A.
Intent. The intent of this district is to provide
areas, near or adjacent to highways designed to handle large traffic
volumes, where the quality of environment associated with well-planned
and -designed office and light industrial parks is encouraged and
preserved. It is the specific intent to:
B.
Uses permitted.
(1)
Offices.
(2)
Research and testing centers; data-processing centers.
(3)
Light manufacturing and processing; warehousing facilities,
but, in no event shall warehousing facilities be interpreted to mean
public storage facilities.
[Amended 3-27-2023 by L.L. No. 2-2023]
(4)
Wholesale distribution centers.
(5)
Utility facilities.
(6)
Municipal, state and federal airports.
(7)
Day-care centers.
C.
Special permit uses. The following uses are permitted by special permit issued pursuant to § 235-42 of this chapter:
(1)
Transitional parking areas.
(2)
Utility service facilities.
(3)
Cemeteries.
(4)
Funeral
homes.
[Added 10-13-2008 by L.L. No. 6-2008]
(5)
Educational,
career or vocational facilities for persons of high school age and/or
adults.
[Added 4-28-2014 by L.L. No. 1-2014]
(6)
Care
homes.
[Added 4-13-2015 by L.L.
No. 3-2015]
D.
Lot requirements.
(1)
Minimum lot area: 20,000 square feet.
(2)
Minimum lot width: 100 feet.
(3)
Maximum lot coverage: 50%.
(4)
Minimum front yard setback: 50 feet.
(5)
Minimum side yard setback, each side: 20 feet.
(6)
Minimum rear yard setback: 20 feet.
(7)
Maximum height of structures: 30 feet; except 60 feet
in a complex of 50 or more acres under single ownership.
E.
Outside storage. The outside storage of any equipment,
products, raw materials, waste or similar material in this district
is prohibited, excepted therefrom all containerized storage of materials
and products incidental to manufacturing processes.
A.
Intent. The intent of this district is to provide
areas, near or adjacent to highways designed to handle large traffic
volumes, for industrial, heavy commercial and other uses which are
not generally compatible with the uses permitted in other districts
or which are not otherwise permitted in this chapter.
C.
Special permit uses. The following uses are permitted by special permit issued pursuant to § 235-42 of this chapter:
(1)
Transitional parking areas.
(2)
Outdoor theaters.
(3)
Utility service facilities.
(4)
Cemeteries.
(5)
Animal hospitals and kennels.
(6)
Sanitary landfills; junkyards; automotive graveyards;
crematories; slaughterhouses; and rendering plants.
(7)
Automobile repairs and service, indoors.
(8)
Motor vehicle body repair services facilities.
(9)
All uses not specifically identified as permitted
or prohibited uses herein.
(10)
Small wind energy systems.
[Added 7-13-2009 by L.L. No. 2-2009]
D.
Lot requirements.
(1)
Minimum lot area: 20,000 square feet.
(2)
Minimum lot width: 100 feet.
(3)
Maximum lot coverage: 50%.
(4)
Minimum front yard setback: 50 feet.
(5)
Minimum side yard setback, each side: 20 feet.
(6)
Minimum rear yard setback: 20 feet.
(7)
Maximum height of structures: 45 feet; except 60 feet
in a complex of 50 or more acres under single ownership.
A.
Statement and purpose. The Town recognizes that motor
vehicle service and repair as defined in this chapter are an essential
element of the community that must be readily available to the driving
public and are beneficial to the safety and welfare of its citizens.
The purpose of the Motor Vehicle Service Facilities Overlay District
is to ensure that these facilities are located in areas that are readily
available and in general harmony with the adjacent neighborhood or
district.
B.
Permitted uses. Any use permitted either by right
or by special permit in the underlying zoning district shall be permitted
in the Motor Vehicle Service Facilities Overlay District.
C.
Special permit required. A special permit shall be
required for any motor vehicle service facility. Such special permit
shall not be issued unless all provisions and requirements of the
underlying zoning district on which the lot is located, or where more
restrictive the requirements of this section, and all provisions of
this section are complied therewith.
(1)
Minimum lot size: 25,000 square feet.
(2)
Minimum lot width: 200 feet.
(3)
Entrance or exit driveways shall be located at least
25 feet from any side or rear lot lines and at least 35 feet from
any intersecting street right-of-way line. Such driveways shall be
laid out so as to avoid the necessity of any vehicle backing across
any public street right-of-way.
(4)
All repairs or services, other than the dispensing
of fuel, oil, water and air of vehicles shall be provided or performed
indoors.
(5)
No unlicensed or dismantled motor vehicles or motor
vehicle parts may be stored outdoors.
[Added 7-11-2011 by L.L. No. 2-2011]
A.
Statement and purpose. The Town has recognized in its Corridor Studies
and its Comprehensive Zoning that there are limited residential areas,
such as a portion of the east side of Buckley Road between Melvin
Drive and Vickery Street, which by reason of the nature and amount
of traffic and other conditions may cause the value of homes to be
diminished resulting in deterioration of the neighborhood. To offset
such possible trend, the Town wishes to provide an alternate and compatible
use for these areas to preserve value and appearance of the neighborhood.
B.
Relationship to underlying zone. The OL-2 District is an overlay
zone. All parcels of land within this overlay district retain their
underlying zone and are subject to the regulations thereof except
as otherwise provided for herein.
C.
Permissible use. In addition to those uses provided by the underlying
zone, the following use is permitted upon the granting of a special
permit:
(1)
Office.
D.
Restrictions on use. No special use permit shall be granted for the
operation of an office unless the Salina Planning Board finds that
the proposed operation adheres to the following restrictions:
(1)
The residential use of the property shall be discontinued and the
property shall be used exclusively for an office.
(2)
The original residential character and any style of any existing
house shall be preserved or enhanced and any new or replacement building
shall maintain the residential style and character of the neighborhood.
(3)
One freestanding sign shall be permitted which shall comply with the provisions contained in § 235-27B(5)(a) except that such sign shall not exceed more than 12 square feet in area nor more than four feet in height from the highest point of said sign including supporting structures to the average finished below said sign and shall not be illuminated.
(4)
No new parking area or spaces shall be created in the front yard,
side yard setbacks.
(5)
No outdoor storage will be permitted.
(6)
Provision shall be made by the applicant for commercial refuse pickup,
but in no case shall a dumpster be used.
(7)
Maximum building size: 2,500 square feet gross floor area.
[Added 12-14-2020 by L.L.
No. 13-2020; 12-29-2020 by L.L. No. 14-2020]
A.
Purpose. The purpose of this section is to create a procedure whereby
the Town Board may create additional zoning classifications within
the Town in the form of an overlay district.
B.
Creation of overlay district. An overlay district may be created
for the purpose of improving, developing, and/or generally enhancing
any property, or group of properties, within the Town, including but
not limited to any neighborhood, street, business area or other defined
area of the Town. Properties to be included in any particular overlay
district shall generally share common characteristics and goals for
aesthetics, economics, safety and/or convenience.
D.
Adoption of overlay district. In the adoption of any overlay district,
the Town Board shall follow the procedures for adoption of zoning
regulations as same are set forth in § 264 of the Town Law
of the State of New York.
E.
Where an overlay district is created by the Town Board, any such
local law which creates an overlay district shall define the purposes,
goals, restrictions and requirements that will be applicable to the
overlay district and shall specifically delineate all properties to
be included in the overlay district.
F.
Any requirements of an overlay district so created in the Town shall
be subject to enforcement in accordance with this Code with the same
force and effect as all other zoning districts in the Town.
[Added 12-14-2020 by L.L.
No. 13-2020; 12-29-2020 by L.L. No. 14-2020]
A.
Purpose. This Repurposing and Reuse Overlay District ("RROD") is hereby created under the authority of Town Code § 235-22, and the specific objectives of this RROD District are to:
(1)
Encourage the reuse and repurposing of older commercial buildings
that have either been abandoned or have become underutilized.
(2)
Achieve a pattern of development that encourages restoration of existing
buildings and a development that encourages people to walk, ride a
bicycle or use public transit:
(3)
Allow for a mix of uses, inclusive of residential, designed to attract
pedestrians;
(4)
Discourage singular use buildings developed as isolated islands within
an expansive parking lot;
(5)
Encourage the adaptive reuse of aging commercial buildings;
(6)
Provide a high level of amenities that create a comfortable environment
for pedestrians, bicyclists, and other users;
(7)
Provide sufficient density of employees, residents and recreational
users to support public transit, while generating a percentage of
trips serviceable by public transit;
(8)
Maintain an adequate level of parking appropriate to the use and
integrate this use safely with pedestrians, bicyclists, and other
users;
(9)
Take advantage of existing infrastructure and resources available
on site and encourage development compatible with existing land use
and contours on the site.
B.
Applicability.
(1)
The requirements of this chapter are applied after voluntary application
to the Town Board requesting the application of such RROD and adoption
by the Town Board and amendment of the Official Zoning Map of the
Town of Salina:
(4)
The applicable regulations for specified use requirements applying
to all districts, all requirements of the zoning district in which
the structure, use or property is situated shall apply to all structures,
uses or property within the RROD, except as same may be specifically
modified in this chapter. Notwithstanding this subsection or any underlying
zoning district dimensional requirements, including but not limited
to height or setbacks, any existing building on the proposed RROD
site that is proposed to be reused or restored shall be considered
a nonconforming use and will not be required to meet dimensional requirements
of the underlying zoning. All newly built structures shall meet all
the dimensional requirements of the underlying zoning district.
(5)
Until all requirements of this chapter are followed, including the
amendment of the Official Zoning Map of the Town of Salina as contemplated
herein, the zoning district and its requirements pursuant to the Code
of the Town of Salina remain unchanged.
C.
General overview. Mixed use is intended to provide a development
where residential uses, accompanied by commercial uses, are integrated
into a pedestrian-friendly neighborhood. Project amenities that address
this objective include but are not limited to:
(1)
Sidewalks throughout the development, including walkways within parking
lots.
(2)
Architectural street lighting and site furniture.
(3)
Consistent architectural theme throughout.
(4)
Extensive landscaped and green areas with feature areas for pedestrian
and public use.
(5)
Clustering of new buildings which allow for large areas for walks,
pathways and recreational areas, as well as connections to adjoining
properties, off-site community connection for pedestrians to nearby
uses and facilities, as well as possible future uses and facilities.
(6)
Reuse or repurposing of existing buildings that have historical significance
but have been abandoned.
D.
Overall project density shall be based on the parameters described
herein in consultation with the Planning Board prior to overlay site
plan consideration and/or subdivision preparation.
E.
Dwelling units in any residential district shall not be converted
or altered to allow other uses.
(1)
This provision shall not be deemed to prohibit the use of a portion
of the building or structure as living quarters for caretakers or
attendants of places of worship or institutions where such uses are
authorized in any zoning district;
F.
Street-level uses.
(1)
(2)
Street-level uses must be oriented toward the primary street or streets,
public or private, in the mixed-use development.
[Added 5-22-2023 by L.L. No. 6-2023]
A.
Legislative intent. A Planned Unit Development ("PUD") provides flexibility and encourages a variety of land uses and innovative design techniques that otherwise would be restricted by standard use and area regulations contained within the Town of Salina Zoning Law. A PUD may be placed in the C-1, C-2, C-3, I-1 and R-O Districts at the discretion of the Town Board and pursuant to this § 235-24.
B.
Legislative purpose. The Town of Salina, Onondaga County, New York,
hereby finds and determines that:
(1)
When coordinated with the comprehensive plan, a PUD can be an effective
tool to encourage development in ways that support the community goals
and priorities outlined in the Town of Salina Comprehensive Plan and
its Zoning Code.
(2)
This section provides a process to allow for the approval of a beneficial
development plan that would not otherwise be possible due to existing
zoning laws that regulate permissible uses and bulk requirements.
A PUD provides flexibility in the regulation of land use development
in order to:
(a)
Encourage innovation in land use variety and design, in the
layout and type of new structures and in their integration with existing
structures;
(b)
Enhance efficiency in the use of land, natural resources, energy,
community services and utilities;
(c)
Encourage open space preservation and protection of natural
resources, historic sites and structures;
(d)
Facilitate the construction of multiunit housing and improved
residential environments;
(e)
Enhance the Town's ability to promote business and employment
opportunities;
(f)
Preserve the safety and efficiency of the State, County and
Town transportation system within the Town of Salina;
(g)
Provide for logical and orderly extensions of water, sewer and
utility infrastructure; and
(h)
Provide for a unified and logical pattern of development to
land areas determined to be appropriate for growth as outlined in
the Town of Salina Comprehensive Plan.
(i)
Develop land that has unique characteristics, including water
bodies, steeper slopes, topographic challenges, connectability to
population centers and/or commercial areas and authorize growth to
meet goals and policies of the Town of Salina.
C.
Authority. In addition to any other powers and authority to plan and regulate by zoning, the Town of Salina hereby enacts requirements for the review of applications to establish a Planned Unit Development District and the establishment and simultaneous mapping of Planned Unit Development Districts pursuant to the provisions of this § 235-24.
D.
DISTRICT PLAN
DISTRICT PLAN APPROVAL
PLANNED UNIT DEVELOPMENT (PUD)
PLANNED UNIT DEVELOPMENT DISTRICT (PUD DISTRICT)
PUD SITE PLAN
PUD SITE PLAN APPROVAL
Definitions.
As used in this section, the following terms shall have the
meanings indicated:
A proposal for a PUD prepared in a manner prescribed by local
regulation showing general layout of the proposed project. The plan
will establish the allowable uses and design guidelines within the
PUD. The District Plan will establish bulk requirements for the district,
including, lot sizes, setbacks, height limits, buffers, screening,
open space areas, lighting, signage, landscaping, parking and loading,
traffic circulation, protection of natural resources, public or private
amenities and such other elements as may be required by local regulation.
The approval with conditions, if any, of the proposed PUD
and the simultaneous amendment of the local zoning law or ordinance
by the legislative body to create and map a Planned Unit Development
District within a land area designated by the Town Board.
A site upon which residential, commercial, industrial or
other land uses or any combination thereof may be authorized in a
flexible manner so as to achieve the goals of the Town Comprehensive
Plan and the Town Zoning Code.
The location where a District Plan has been approved by the
Town Board.
A plan prepared pursuant to § 235-41 of the Town of Salina Zoning Law showing information as is required by local law or regulations.
The signing of a final plan by a duly authorized member of
the Town Zoning Board of Appeals pursuant to a resolution granting
final approval to the plan or after conditions, if any, specified
in said resolution granting conditional approval of the plan are completed.
Such final approval qualifies the plan for filing in the office of
the Town Clerk as provided herein. Final approval shall be decided
by the Town Zoning Board of Appeals.
E.
Overview of process.
(1)
An applicant that seeks to establish a PUD District Plan in the Town
must submit a PUD District Plan application to the Town Board. Only
persons who can demonstrate legal control over the parcel(s) covered
by the proposed PUD district, or their authorized representative(s),
may file a PUD District application. A contract-vendee for a parcel
or parcels of land may be considered to have sufficient legal control
for purposes of submitting a PUD District Plan application.
(2)
The establishment of a PUD District Plan shall require two steps:
i) approval of the PUD District Plan Application; and ii) enactment
of a local law to adopt the provisions of the PUD District Plan, establish
the legal boundaries of the district and to amend the Town Zoning
Map.
(3)
After a PUD District Plan has been adopted by the Town Board, the
applicant must obtain PUD Site Plan Approval for the project from
the Town Zoning Board of Appeals.
(4)
No permit for the erection of a building or structure or development
of the site may be granted until after all necessary approvals under
this article have been issued.
(5)
The applicant for a PUD District shall pay and the Town shall be
entitled to receive reimbursement for expenses associated with the
review of any application submitted pursuant to this article.
F.
Planned Unit Development District Plan application requirements.
The following must be submitted as part of an application to establish
a PUD District Plan:
(1)
PUD District Plan description. The application must include a description
of the proposed PUD District Plan requirements, including the types
of land uses, bulk requirements, parking requirements, the regulations
of signage, as well as provisions, if any, relating to cluster development,
incentives, bonuses, open space, design guidelines and the preservation
of historic resources;
(2)
PUD District plan map. The applicant must provide a map of the PUD
District Plan identifying the location of permissible land uses, roads,
sidewalks, drainage, landscaped areas, parking, utilities and the
total acreage of the proposed PUD District. In no instance shall a
PUD District be bisected by a State Highway or County Highway. However,
an area that includes land divided by internal private roads or roads
intended to be dedicated to the Town, may be considered to be contiguous
for the purpose of complying with this requirement.
(3)
Phasing plan. The application must include a schedule describing
all phases for the completion of buildings, public and private facilities
and site improvements for the full buildout of the development and
shall clearly indicate all aspects of the phasing of the entire development.
(4)
Application timeline. The PUD District Plan must include a timeline
providing deadlines to apply for PUD Site Plan Approval and building
permits. Failure to meet the deadlines set forth in the PUD District
Plan may result in the automatic revocation of the PUD District Plan
Approval, unless extended by the Town Board.
(5)
Real property rights. The application must include a draft of all
covenants, easements and rights-of-way relating to the site development
and/or homeownership, homeowners' associations and any lands
dedicated to public use within the PUD District Plan.
(6)
Environmental review. The Town Board must comply with the New York
State Environmental Quality Review Act (SEQRA) when considering an
application for a PUD District Plan. The applicant must provide a
completed Part 1 of the Full Environmental Assessment Form. In addition,
the applicant will be required to provide the Town with any information
deemed necessary by the Town in order to evaluate the potential environmental
impacts of a proposed development.
(7)
Fee and escrow. The application shall be accompanied by a fee to
be set by resolution by the Town Board. In addition, the Town Board
may require that the applicant place into escrow at the time of submission
of the application sufficient funds to pay for the Town's use
of legal and engineering professionals to evaluate the application.
G.
Procedure. The Salina Town Board may approve a proposed PUD District
Plan after receiving comments and recommendations from the Town of
Salina Zoning Board of Appeals. The following procedural steps shall
be required prior to approval:
(1)
Preapplication conference. Before submission of an application for
approval of a PUD District Plan, the applicant is encouraged to contact
the Code Enforcement Officer to arrange for a meeting with representatives
of the Town in order to obtain feedback on the application prior to
formal submittal.
(2)
Referrals. Upon the receipt of a complete PUD District Plan application,
the Town Board shall review it and refer it to the Town Zoning Board
of Appeals and the County Planning Board for comment.
(3)
Public hearing(s). The Town Board shall be required to conduct one
or more public hearing(s) prior to adopting a PUD District Plan. Notice
of each public hearing shall be published in a newspaper of general
circulation at least 10 calendar days in advance of the hearing. The
application shall be made available for public review at least 10
calendar days prior to said public hearing at the office of the Town
Clerk.
(4)
Review and comment. The Town Zoning Board of Appeals must provide
comments to the Town Board no later than 60 days after having the
application referred to them. If the Zoning Board of Appeals fails
to provide comments prior to the deadline, the Town Board may proceed
without receiving comments from the Zoning Board of Appeals.
(5)
Town board action. Following completion of the referral and comment
process, at least one public hearing and satisfaction of the Town
Board's obligations pursuant to SEQRA, the Town Board may vote
to approve or deny the PUD District Plan Application. In the event
that the application is approved, the Town Board must also adopt a
local law to amend the Town Code to include the District Plan and
to amend the Zoning Map.
H.
PUD District Plan review criteria. The Town Board shall weigh the
following factors when considering whether to approve an application
to create a PUD District Plan:
(1)
Whether the proposed plan will result in the efficient use of land,
natural resources, energy sustainability, community services, infrastructure
and utilities.
(2)
Whether the proposed plan is consistent with the Comprehensive Plan
and the orderly development of the Town.
(3)
Whether the proposed plan will substantially negatively impact natural
resources, the environment or historic resources.
(4)
Whether the proposed plan will result in new employment opportunities
for Town residents and investment in the community in the form of
economic development.
(5)
Whether the proposed plan will improve the availability of affordable
housing in the Town.
(6)
Whether the proposed plan will have a substantial negative impact
on existing residential uses of land in the Town in terms of, but
not limited to, traffic, noise, dust, odors, glare, threats to human
health or other nuisances.
(7)
Whether the proposed plan has adequately addressed issues related
to the provision of sewer, water, drainage, electricity, parking,
public safety, fire safety and other infrastructure issues.
(8)
Whether the proposed plan will result in the loss of prime farmland
or will interfere with existing farm businesses.
(9)
Whether the proposed plan is consistent with the existing character
of the neighborhood.
[Added 7-10-2023 by L.L. No. 9-2023]
A.
Purpose. The purpose of the Cannabis Business District (CBD) is to
provide for the placement and regulation of adult use marijuana establishment
retailers as authorized pursuant to the State Marijuana Regulation
and Taxation Act (MRTA) and regulations with the goal of regulation
time, place and manner activity and minimizing potential adverse impacts
on adjacent property owners, neighborhoods and the Town in general.
B.
Applicability. The Cannabis Business District is hereby established
which shall consist of Tax Map parcel nos. 045.-05-01.0, 045.-05-03.1,
045.-05-04.0, 045.-05-05.0, 045.-05-06.0, 045.-05-07.0, 045.-05-08.0,
045.-05-09.0, 045.-05-10.0, 045.-05-11.0, 045.-06-11.0, 045.-06-12.2,
045.-06-13.0, 045.-07-10.0, 045.-07-08.1, 046.-02-74.2, 057.-01-01.0,
057.-01-02.0, 057.-01-03.0, 057.-01-04.1, 057.-01-05.0, 057.-01-06.0,
057.-01-07.0, 057.-01-08.0, 057.-01-09.0, 057.-01-10.0, 057.-01-11.1,
057.-02-01.1, 057.-02-03.0, 057.-02-04.0, 057.-02-05.0, 057.-02-06.0,
057.-02-07.0, 057.-02-08.0, 057.-05-15.1, 057.-05-16.1, 057.-05-17.0,
057.-05-18.0, 057.-05-19.0, 057.-03-01.1, 057.-03-06.0, 057.-03-09.1,
057.-04-01.1, 057.-04-02.0, 057.-04-03.2 and 057.-04-04.0 located
within the Town of Salina as they exist on September 11, 2023.
[Amended 7-10-2023 by L.L. No. 10-2023; 9-11-2023 by L.L. No. 13-2023]
C.
CANNABINOID
CANNABINOID HEMP
CANNABINOID HEMP PROCESSOR LICENSE
CANNABIS
CANNABIS CONSUMER
CANNABIS CONTROL BOARD or BOARD
CANNABIS FLOWER
CANNABIS PRODUCT OR ADULT-USE CANNABIS PRODUCT
CANNABIS TRIM
CANNABIS-INFUSED PRODUCTS
CONCENTRATED CANNABIS
CULTIVATION
DELIVERY
DISTRIBUTOR
EXECUTIVE DIRECTOR
HEMP
HEMP EXTRACT
LICENSE
LICENSEE
MEDICAL CANNABIS
MICROBUSINESS
NURSERY
OFFICE or OFFICE OF CANNABIS MANAGEMENT
ON-SITE CONSUMPTION
PACKAGE
PERMIT
PERMITTEE
PROCESSOR
RETAIL SALE
RETAILER or MARIJUANA ESTABLISHMENT RETAILER RETAILER
SMOKING
THC
TOTAL THC
WAREHOUSE
WHOLESALE
Definitions. When used in this section, unless otherwise expressly
stated or unless the context or subject matter otherwise requires,
the following words shall have the meanings therein:
The phytocannabinoids found in hemp and does not include
synthetic cannabinoids as that term is defined in Subdivision (g)
of Schedule I of § 3306 of the New York State Public Health
Law.
Any hemp and any product processed or derived from hemp,
that is used for human consumption provided that when such product
is packaged or offered for retail sale to a consumer, it shall not
have a concentration of more than 0.3% delta-9 tetrahydrocannabinol.
A license granted by the New York State Office of Cannabis
Management or the New York State Cannabis Control Board to process,
extract, pack or manufacture cannabinoid hemp or hemp extract into
products, whether in intermediate or final form, used for human consumption.
All parts of the plant of the genus Cannabis, whether growing
or not; the seeds thereof; the resin extracted from any part of the
plant; and every compound, manufacture, salt, derivative, mixture,
or preparation of the plant, its seeds or resin. It does not include
the mature stalks of the plant, fiber produced from the stalks, oil
or cake made from the seeds of the plant any other compound, manufacture,
salt, derivative, mixture, or preparation of the mature stalks (except
the resin extracted therefrom), fiber, oil, or cake, or the sterilized
seed of the plant which is incapable of germination. It does not include
hemp; cannabinoid hemp or hemp extract as defined by this section
or any drug products approved by the federal Food and Drug Administration.
A person 21 years of age or older acting in accordance with
any provision of this law or the New York State Cannabis Law.
The New York State Cannabis Control Board ("CCB") created
pursuant to the New York State Cannabis Law.
The flower of a plant of the genus Cannabis that has been
harvested, dried, and cured, prior to any processing whereby the plant
material is transformed into a concentrate, including, but not limited
to, concentrated cannabis, or an edible or topical product containing
cannabis or concentrated cannabis and other ingredients. Cannabis
flower excludes leaves and stem.
Cannabis, concentrated cannabis, and cannabis-infused products
for use by a cannabis consumer.
All parts of the plant of the genus Cannabis other than cannabis
flower that have been harvested, dried, and cured, but prior to any
further processing.
Products that have been manufactured and contain either cannabis
or concentrated cannabis and other ingredients that are intended for
use or consumption.
Growing, cloning, harvesting, drying, curing, grading, and
trimming of cannabis plants for sale to certain other categories of
cannabis license and permit holders.
The direct delivery of cannabis products by a retail licensee,
microbusiness licensee, or delivery licensee to a cannabis consumer.
Any person who sells at wholesale any cannabis product, except
medical cannabis, for the sale of which a license is required under
the provisions of this law and New York State Cannabis Law.
The executive director of the Office of Cannabis Management.
The plant Cannabis sativa L, and any part of such plant,
including the seeds thereof and all derivatives, extracts, cannabinoids,
isomers, acids, salts, and salts of isomers, whether growing or not,
with a delta-9 tetrahydrocannabinol concentration (THC) of not more
than 0.3% on a dry weight basis. It shall not include "medical cannabis"
as defined in the New York State Cannabis Law.
All derivatives, extracts, cannabinoids, isomers, acids,
salts, and salts of isomers derived from hemp, used or intended for
human consumption, for its cannabinoid content, with a delta-9 tetrahydrocannabinol
concentration of not more than an amount determined by the office
in regulation. For the purpose of this article, hemp extract excludes
a) any food, food ingredient or food additive that is generally recognized
as safe pursuant to federal law; or b) any hemp extract that is not
used for human consumption.
A written authorization as provided pursuant to the New York
State Cannabis Law permitting persons to engage in a specified activity
authorized by the New York State Cannabis Law.
An individual or an entity who has been granted a license
under the New York State Cannabis Law.
Cannabis as defined in the New York State Cannabis Law.
A licensee that may act as a cannabis producer for the cultivation
of cannabis, a cannabis processor, a cannabis distributor and a cannabis
retailer pursuant to New York State Cannabis Law; provided such licensee
complies with all requirements imposed by New York State Cannabis
Law on licensed producers, processors, distributors and retailers
to the extent the licensee engages in such activities.
A licensee that produces only clones, immature plants, seeds,
and other agricultural products used specifically for the planting,
propagation, and cultivation of cannabis by licensed adult use cannabis
cultivators, microbusinesses, cooperatives and registered organizations.
The New York State Office of Cannabis Management ("OCM").
The consumption of cannabis in an area licensed as provided
for by New York State Cannabis Law.
Any container or receptacle used for holding cannabis or
cannabis products.
A permit issued pursuant to New York State Cannabis Law.
Any person to whom a permit has been issued pursuant to New
York State Cannabis Law.
A licensee that extracts concentrated and/or compounds, blends,
extracts, infuses, or otherwise manufactures concentrated cannabis
or cannabis products, but not the cultivation of the cannabis contained
in the cannabis product.
To solicit or receive an order for, to keep or expose for
sale, and to keep with intent to sell, made by any licensed person,
whether principal, proprietor, agent, or employee, of any cannabis,
cannabis product, cannabinoid hemp or hemp extract product to a cannabis
consumer for any purpose other than resale.
Any person who sells at retail any cannabis product, the
sale of which a license or permit is required pursuant to this law
and MRTA.
The burning of a lighted cigar, cigarette, pipe or any other
matter or substance which contains cannabis including the use of an
electronic smoking device that creates an aerosol or vapor.
Delta-9-tetrahydrocannabinol; Delta-8-tetrahydrocannabinol;
Delta-10-tetrahydrocannabinol and the optical isomer of such substances.
The sum of the percentage by weight or volume measurement
of tetrahydrocannabinol acid multiplied by 0.877, plus, the percentage
by weight or volume measurement of THC.
And includes a place in which cannabis products are securely
housed or stored.
To solicit or receive an order for, to keep or expose for
sale, and to keep with intent to sell, made by any licensed person,
whether principal, proprietor, agent, or employee of any adult-use,
medical-use cannabis or cannabis product, or cannabinoid hemp and
hemp extract product for purposes of resale.
D.
General provisions.
(1)
Special permit. A special permit shall be required for the operation of a marijuana establishment retailer under § 235-42 of the Town Code.
(2)
License. All permitted marijuana establishment retailers shall have
a provisional license from the Cannabis Control Board (CCB) and shall
comply with all applicable state and local public health regulations
and all other applicable state and local laws, rules and regulations
at all times. No special permit shall be issued for a marijuana establishment
retailer that has not received a provisional license from the CCB.
(3)
Cessation of operation. The special permit shall be valid only for
the applicant and shall become void if the applicant ceases operating
the licensed marijuana establishment retailer for a period of three
consecutive months, except where such cessation is the result of natural
disaster, act of terrorism, riot, or other criminal acts of third
parties, strike or other force majeure event determined by the Zoning
Board of Appeals to constitute good cause.
(4)
Loss of CCB license; Failure to obtain final license. The special
permit shall become void if a final license is not issued by the CCB
or upon the expiration or termination of the marijuana establishment
retailer's CCB license.
(5)
Parking and loading. Parking and loading for a marijuana establishment retailer shall be in accordance with § 235-31, Off-street parking and loading, of this chapter. However, the Zoning Board of Appeals may require a greater number of parking spaces and/or loading bays if it finds, based on the application, plans and documents submitted to the Zoning Board of Appeals regarding operation of the marijuana establishment retailer, that the minimum requirements are not sufficient.
(6)
Signs. The Zoning Board of Appeals may impose restrictions on signage as appropriate for the site. If additional sign restrictions are not specified within the special permit, the marijuana establishment retailer shall abide by § 235-27 (Advertising-device regulations) of this chapter.
(7)
Enclosed building. All marijuana establishment Retailer shall operate
within a fully enclosed building and shall not operate within any
mobile facility. A minimum separation of 1,000 feet is required between
marijuana establishment Retailers. The distance under this section
is measured in a straight line from the nearest point of each structure
containing a marijuana establishment retailer to the structure proposed
to contain the marijuana establishment retailer.
(8)
Hours of operation may be set by the Zoning Board of Appeals but,
if none are specified in the special permit, hours of operation shall
be limited to 8:00 a.m. to 6:00 p.m. Monday through Saturday and 12:00
noon to 6:00 p.m. on Sunday.
E.
Location.
(1)
Overlay. Marijuana establishment Retailers shall only be located
in the Cannabis Business District;
(2)
Proximity to other uses.
(a)
No marijuana establishment retailer shall be located within
1,000 feet of any school, playground, child-care facility or place
of worship.
(b)
In determining whether to issue a special permit, and what conditions
to impose, the Zoning Board of Appeals shall evaluate (in addition
to any criteria set forth elsewhere in this chapter) proximity of
other land uses that may be adversely affected by the proposed marijuana
establishment retailer.
(3)
Measurement. The distance under this section is measured in a straight line from the nearest point of any structure, in existence as of the passage of this section and continuing to be in existence as of the date of the Zoning Board of Appeal's decision, containing one or more of the protected uses identified in Subsection D(2) above, to the nearest point of the structure proposed to contain the marijuana establishment retailer.
F.
Application process and requirements.
(1)
Application procedures. The application for a special permit for a marijuana establishment retailer shall be filed with the Zoning Board of Appeals and with the Town Clerk in accordance with § 235-42 of this chapter. The application shall be signed by a duly authorized officer of the applicant and the property owner, if the applicant is not the owner of the subject property.
(2)
Fees. The special permit fee for a marijuana establishment retailer
shall be established by the Town Board by resolution.
(3)
Required documents. The applicant shall provide the Zoning Board
of Appeals with 15 paper copies of the application and plans, an electronic
copy of the application and plans, and required fees. All plans and
maps shall be prepared, stamped, and signed by a professional engineer
or architect licensed to practice in New York. An application to the
Zoning Board of Appeals shall include, at a minimum, the following
information:
(a)
The applicant's name, address, telephone number, and email
address;
(b)
Evidence that the applicant has site control and the right to
use the site for a facility in the form of a deed or valid purchase
and sale agreement, or, in the case of a lease, a notarized statement
from the property owner and a copy of the lease agreement;
(c)
A certified copy of the provisional license or permit issued
by the CCB to the applicant, along with copies of all other materials
issued by the CCB to the applicant;
(d)
A notarized statement signed by the organization's Chief
Executive Officer or corporate attorney disclosing all of its designated
representatives, including officers and directors, shareholders, partners,
members, managers, directors, officers, or other similarly situated
individuals and entities and their addresses. If any of the above
are entities rather than persons, the applicant must disclose the
identity of all individual persons associated with the entity as set
forth above;
(e)
A narrative providing information about the type and scale of
all activities that will take place on the proposed site, including,
but not limited to, cultivating and processing of marijuana or marijuana
products as defined in the MRTA or this chapter, on-site sales, off-site
deliveries, distribution of educational materials, and other programs
or activities;
(f)
A map depicting all properties and land uses within a 1,000-foot
radius (minimum) of the project site, whether such uses are located
in the Town or within surrounding communities;
(g)
A plan or plans depicting all proposed development on the property,
including the dimensions of all existing and proposed structures,
the layout of parking, the location of pedestrian and vehicular points
of access and egress, the location and design of all loading, refuse
and service facilities, the location, type, and direction of all outdoor
lighting on the site, and any landscape design;
(h)
A plan or plans showing any proposed stormwater management system,
which plan(s) shall meet the submission requirements of the New York
State Department of Environmental Conservation;
(i)
Architectural drawings of all exterior building facades and
all proposed signage, specifying materials and colors to be used.
Prospective drawings and illustrations of the site from public ways
and abutting properties is required;
(j)
Completed MRTA Checklist, to be submitted to the Zoning Board
of Appeals and the Police Department having jurisdiction over the
proposed site prior to commencement of operations by the marijuana
establishment retailer;
(k)
Traffic impact report;
(l)
All marijuana establishment retailers shall comply with Chapter 38 - Marijuana Growing, Processing, or Extraction Facilities of the National Fire Protection Association's (NFPA) Codes and Standards, if said establishment is a grow, cultivation, processing or extraction facility;
(m)
Provide detailed information on all chemicals, fertilizers,
etc., being used within or on the same property as the marijuana establishment
retailer;
(n)
Provide narrative of organic pest control being used;
(o)
Provide plans and narrative of odor mitigation;
(p)
A list of waivers, if any, which were requested by the marijuana
establishment retailer and granted by the CCB to any section of the
MRTA.
(4)
Department review. Within five business days of the receipt of the
application, the Zoning Board of Appeals shall refer copies of the
application to the Fire Department with jurisdiction of the site and
the Police Department with jurisdiction of the site. These agencies
shall review the application and shall submit their written recommendations.
(5)
Decision criteria. In addition to the criteria set forth in § 235-42, the Zoning Board of Appeals shall issue a special permit for a marijuana establishment retailer only if it finds that the applicant has submitted sufficient information from which it can conclude that:
(a)
The marijuana establishment retailer has received a provisional
license or permit from the CCB and complies with all applicable state
and local laws, regulations, and requirements, including, but not
limited to, health and safety regulations, and construction and environmental
requirements;
(b)
The building and site have been designed to be reasonably compatible
with other buildings and sites in the area;
(c)
The siting of the marijuana establishment retailer will be accomplished
so as to minimize any adverse impacts on abutters and other parties
in interest;
(d)
The marijuana establishment retailer will create no substantial
harm to the established or future character of the neighborhood or
town;
(e)
With due consideration to aesthetics, the marijuana establishment
retailer is designed to ensure convenient, safe and secure access
as follows:
(f)
The applicant has not provided materially false documents or
testimony;
(g)
The applicant has demonstrated the availability and provision
of adequate access, utilities and other infrastructure and that the
operation of the marijuana establishment retailer will not adversely
affect such access, utilities and infrastructure;
(h)
The applicant has satisfied all of the conditions and requirements
of this chapter.
(6)
Special permit conditions. The Zoning Board of Appeals shall impose
those conditions it deems appropriate in its opinion to improve siting,
design placement, traffic flow, and public safety; protect water quality,
air quality, and significant environmental resources; preserve the
character of the surrounding area; and otherwise serve the purpose
of this chapter. In addition to any specific conditions applicable
to the marijuana establishment retailer, the Zoning Board of Appeals
shall include, but not be limited to, the following conditions in
any special permit granted under this section:
(a)
The permit holder shall file a copy of any incident report required
under the CCB with the Town Board, with copies to the Director of
Planning and Development and the Zoning Board of Appeals, within 24
hours of creation by the marijuana establishment retailer;
(b)
The permit holder shall file a copy of any summary cease-and-desist
order, quarantine order, summary suspension order, order limiting
sales, notice of a hearing, or final action issued by the CCB regarding
the marijuana establishment retailer with the Town Board, with copies
to the Director of Planning and Development and the Zoning Board of
Appeals, within 48 hours of receipt by the marijuana establishment
retailer;
(c)
The permit holder shall provide to the Town Board, the Director
of Planning and Development, the Zoning Board of Appeals, the police
department with jurisdiction of the site, and the respective fire
department with jurisdiction of the site the name, telephone number
and email address of a contact person in the event that the Police
Department, Code Enforcement Office or other Town official determines
it necessary to contact the applicant after regular business hours.
Such contact information shall be kept updated by the permit holder;
(d)
The special permit shall be limited to the current applicant
and shall become void if the permit holder ceases operating the marijuana
establishment retailer or transfers greater than 51% ownership;
(e)
The special permit shall become void if the CCB refuses to issue
a final license or upon the expiration or termination of the applicant's
CCB license;
(f)
The permit holder shall notify the Town Board, in writing, with
copies to the Director of Planning and Development, the Police Department
with jurisdiction of the site, and the Zoning Board of Appeals, within
48 hours of the cessation of operation of the marijuana establishment
retailer, notice from the CCB of a denial of a final license, transfer
or sale of interest, enforcement action taken by the CCB or the expiration
or termination of the permit holder's CCB license;
(g)
In the event that the CCB revokes, fails or refuses to issue
a final license to the marijuana establishment retailer, a special
permit issued for the marijuana establishment retailer shall be deemed
null and void;
(h)
The applicant/owner agrees to provide the Zoning Board of Appeals
with any and all documents related to the marijuana establishment
retailer if and when requested to do so.
G.
Prohibition against nuisances. The marijuana establishment retailer
shall not create a nuisance to abutters or to the surrounding area,
or create any hazard, including, but not limited to, fire, explosion,
fumes, gas, smoke, odors, obnoxious dust, vapors, offensive noise
or vibration, flashes, glare, objectionable effluent, or electrical
interference, which may impair the normal use and peaceful enjoyment
of any property, structure or dwelling in the area. Violation of this
section or the conditions of any special permit issued hereunder shall
entitle the Zoning Board of Appeals to notice a public hearing to
consider the modification, suspension or revocation of the special
permit or any orders or conditions relating thereto.
H.
Waivers.
(1)
Waivers from the requirements of this section may be requested, in
writing, to the Zoning Board of Appeals and shall not be considered
a variance as that term is defined in Town Law. A waiver may be granted
by the Zoning Board of Appeals if it determines that:
(2)
The Zoning Board of Appeals may impose any conditions, safeguards
and other limitations on a waiver when it deems it appropriate to
protect the public health, public safety or the environment.
I.
Conflicts with State Law and Regulations. If any provision, paragraph,
sentence, or clause of this section shall be determined to be in conflict
with applicable State Law or Regulations, the provisions of said State
Law or Regulations shall prevail.
J.
Definition of terms used in this section. Where not expressly defined
in this chapter, terms used in this section shall be interpreted as
defined in MRTA and the CCB Regulations promulgated thereunder, as
the same may be amended from time-to-time, and otherwise by their
plain language.
K.
Severability. The provisions of this section are severable. If any
provision, paragraph, sentence, or clause of this section of Town
Code or the application thereof to any person, establishment, or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application of this chapter.
[Added 9-25-2023 by L.L. No. 14-2023]
A.
Statement and purpose. The Liverpool Bypass Planned Unit Development
(the "Liverpool Bypass PUD") is intended to allow multifamily residential
dwelling units and commercial establishments that would otherwise
be restricted in other zoning classifications within the Town of Salina.
The design of the Liverpool Bypass PUD provides flexibility in the
land uses and facilitates improved residential environments through
multiunit housing options and also promotes business and employment
opportunities with the commercial uses. The Liverpool Bypass PUD preserves
open space and protects the natural resources on the property, provides
orderly extension of public utilities, and improves the safety and
efficiency of the adjoining transportation system.
B.
Establishment and boundaries. The area of the Liverpool Bypass PUD
consists of 36.60 acres plus or minus in the Town of Salina, County
of Onondaga, State of New York, and consists of the following Tax
Map Parcel Numbers as they exist on September 25, 2023: 024-01-3.1,
024-01-4.1, 024-01-36 and 024-01-38.
C.
Uses permitted.
(1)
Multifamily dwellings.
(2)
Townhouses.
(3)
Restaurants.
(4)
Hotels.
(5)
Retail sales and service.
(6)
Offices.
(7)
Radio and television studios.
(8)
Theaters.
(9)
Day-care facilities.
(10)
Parks and trails.
(11)
Commercial business.
(12)
Personal-service shops.
(13)
Accessory structures and uses incidental to multiple-family
dwellings (such as: clubhouse, playground, pool, outdoor activity
spaces, and parking structures).
D.
E.
Off-street parking requirements.
F.
Consistency with district plan/town code. The specific location of all uses permitted within the Liverpool Bypass PUD, the features of the Liverpool Bypass PUD and the development of the Liverpool Bypass PUD shall be generally consistent with that certain Liverpool Bypass District Plan dated August 23, 2023 (the "District Plan") on file with the Town of Salina Office of Planning and Development and subject to all other applicable provisions of this Town Code, including, but not limited to, site plan review as set forth in § 235-41.
