[Amended 3-23-1998 by Ord. No. 1998-2; 12-14-1998; 5-29-2007 by L.L. No. 11-2007; 3-28-2022 by L.L. No. 4-2022]
A.
When required.
(1)
Prior to the issuance of a building permit, the Director
of Planning and Development shall require site plan approval by the
Zoning Board of Appeals pursuant to this section, except as follows:
(a)
Where such proposed construction of one- or
two-family dwellings and ordinary accessory structures, and related
land use activities for residential uses allowed by the applicable
district regulations, is to be made on a lot within a residential
subdivision approved by the Zoning Board of Appeals and filed in the
Onondaga County Clerk's office;
(b)
Where a residential subdivision has been approved
by the Zoning Board of Appeals and a subdivision plat thereof has
been filed in the Onondaga County Clerk's office, such residential
subdivision plat shall be exempt from compliance with more restrictive
lot areas, lot dimensions or new streets required by amendment to
this chapter for a period of three years from the date of such subdivision
plat, as provided in § 265-a of the Town Law;
(c)
Where the proposed construction is an expansion
of an existing building or structure used as a commercial, office
or industrial building that does not exceed 20% of the ground floor
area of space of the existing building or structure, or 1,000 square
feet, whichever is less; and such addition and the required parking
therefor is otherwise in compliance with the provisions of this chapter;
(d)
Where there is a change in use of a tenant space
of a multiple-use building or shopping center which will not result
in a change in the parking plan approved by the Zoning Board of Appeals;
(e)
Where interior alterations to existing buildings
are proposed and the use or occupancy of the premises has not changed,
and does not result in an increase of the size of the occupied space
by more than 20%; or
(f)
Where exterior alterations such as new roofs,
change in facades and similar type work, which will not affect the
size of the interior tenant space.
(2)
The Director of Planning and Development shall notify
an applicant for a building permit where site plan approval is required
by the provisions of this section and may at his/her discretion refer
any application to the Zoning Board of Appeals based upon specific
conditions of the site or proposed use.
B.
Sketch plan. A sketch plan conference may be held
between the Zoning Board of Appeals and the applicant prior to the
preparation and submission of a formal site plan. The intent of such
a conference is to enable the applicant to inform the Zoning Board
of Appeals of the proposal prior to the preparation of a detailed
site plan, and for the Zoning Board of Appeals to review the basic
site design concept, advise the applicant as to potential problems
and concerns and to generally determine the information to be required
on the site plan. In order to accomplish these objectives, the applicant
shall provide the following:
(1)
A statement and rough sketch showing the locations
and dimensions of principal and accessory structures, parking areas,
access signs (with dimensions), existing and proposed vegetation and
other planned features; anticipated changes in existing topography
and natural features; and, where applicable, measures and features
to comply with flood hazard regulations.
(2)
A sketch or map of the area which clearly shows the
location of the site with respect to nearby streets and rights-of-way,
properties, easements and other pertinent features.
(3)
A topographic or contour map of adequate scale (maximum
one inch equals 50 feet) and detail to show site topography.
C.
Application for site plan approval. An application
for site plan approval shall be made in writing to the Zoning Board
of Appeals and shall be accompanied by the following information.
Where a sketch plan conference was held, the accompanying information
shall be drawn from the following checklist as determined necessary
by the Zoning Board of Appeals at said sketch plan conference:
(1)
The title of drawing, including the name and address
of the applicant and the person responsible for preparation of such
drawings (such person shall be a New York State licensed land surveyor
or professional engineer), and location of proposed project.
(2)
An arrow indicating north, scale (one inch equals
50 feet or less) and date.
(3)
The boundaries of the property plotted to scale.
(4)
Existing watercourses.
(5)
The grading and drainage plan, showing existing and
proposed contours.
(6)
The location, design, type of construction, proposed
use and exterior dimensions of all buildings.
(7)
The location, design and type of construction of all
parking and truck-loading areas, showing access and egress.
(8)
Provision for pedestrian access.
(9)
The location of outdoor storage, if any.
(10)
The location, design and construction materials
of all existing or proposed site improvements including drains, culverts,
retaining walls and fences.
(11)
A description of the method of sewage disposal
and location, design and construction materials of such facilities.
(12)
A description of the method of securing public
water and location, design and construction materials of such facilities.
(13)
The location of fire and emergency zones, including
the location of fire hydrants.
(14)
The location, design and construction of all
energy distribution facilities, including electrical, gas and solar
energy.
(15)
The location, size, design and type of construction
of all proposed signs.
(16)
The location and proposed development of all
buffer areas, including existing vegetative cover.
(17)
The location and design of outdoor lighting
facilities.
(18)
Identification of the location and amount of
building area proposed for retail sales or similar commercial activity.
(19)
The general landscaping plan and planting schedule.
(20)
An estimate project construction schedule.
(21)
Record of application for and approval status
of all necessary permits from state and county officials or agencies.
(22)
Identification of any state or county permits
required for the project's execution.
(23)
Other elements integral to the proposed development
as considered necessary by the Zoning Board of Appeals.
(24)
The fees established by resolution of the Town
Board.
(25)
Stormwater pollution prevention plan: A stormwater pollution prevention plan consistent with the requirements of Chapter 203 of this Code shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 203 of this Code. The approved site plan shall be consistent with the provisions of Chapter 203.
D.
Review of site plan. The Zoning Board of Appeals'
review of the site plan shall include, as appropriate, but is not
limited to the following general considerations:
(1)
The location, arrangement, size, design and general
site compatibility of buildings, lighting and signs.
(2)
The adequacy and arrangement of vehicular traffic
access and circulation, including intersections, road widths, pavement
surfaces, dividers and traffic controls.
(3)
The location, arrangement, appearance and sufficiency
of off-street parking and loading facilities.
(4)
The adequacy and arrangement of pedestrian traffic
access and circulation, walkway structures, control of intersections
with vehicular traffic and overall pedestrian convenience.
(5)
The adequacy of stormwater and drainage facilities.
(6)
The adequacy of water supply and sewage disposal facilities.
(7)
The adequacy, type and arrangement of trees, shrubs
and other landscaping constituting a visual and/or noise buffer between
the applicant's and adjoining lands, including the maximum retention
of existing vegetation.
(8)
The adequacy of fire lanes and other emergency zones
and provisions for fire hydrants and water supply.
(9)
Special attention to the adequacy and impact of structures,
roadways and landscaping in areas with susceptibility to ponding,
flooding and/or erosion.
E.
Zoning Board of Appeals action on site plan. Within
the time frames established in Article 16 of the Town Law, the Planning
Board shall render a decision to either approve, approve with modification
or disapprove said application. The time within which a decision must
be rendered may be extended by mutual consent of the applicant and
the Zoning Board of Appeals, as provided in § 274-a of the
Town Law.
(1)
Upon approval of the site plan and payment by the
applicant of all fees and reimbursable costs due to the Town, the
Zoning Board of Appeals Chairman shall endorse his/her approval on
the copy of the final site plan within five business days of the date
of final decision by the Zoning Board of Appeals, and shall additionally
forward a copy to the applicant, the Director of Planning and Development
and the Town Clerk.
(2)
Upon disapproval of a site plan, the Zoning Board
of Appeals shall so inform the Director of Planning and Development
and such official shall deny a permit to the applicant. The Zoning
Board of Appeals Attorney shall notify the applicant and the Town
Clerk, in writing, of the decision of the Zoning Board of Appeals
and the reasons for disapproval. Such notification shall be filed
within five business days of the date of final decision by the Zoning
Board of Appeals.
F.
Reimbursable costs. Costs incurred by the Zoning Board
of Appeals for consultation fees or other extraordinary expenses in
connection with the review of a proposed site plan shall be charged
to the applicant. A deposit to cover such expenses shall be paid by
the applicant at the time of application. Any fees not used shall
be returned to the applicant.
G.
Performance guarantee. No certificate of occupancy
shall be issued until all improvements shown on the site plan are
installed or a sufficient performance guarantee shall have been posted
for improvements not yet completed. The sufficiency of such performance
guarantee shall be determined by the Town Board after consultation
with the Zoning Board of Appeals, the Director of Planning and Development,
the Town Attorney, the Town Engineer and other appropriate parties.
H.
Inspection of improvements. The Director of Planning
and Development shall be responsible for the overall inspection of
site improvements including coordination with the Zoning Board of
Appeals and other officials and agencies, as appropriate. The Director
may, at his discretion, request the assistance of the Town Engineer
where appropriate or necessary.
I.
Integration of procedures. Whenever the particular
circumstances of proposed development require compliance with either
the special use procedure in this chapter or other requirements of
the Town, the Zoning Board of Appeals shall integrate, as appropriate,
site plan review as required by this section with the procedural and
submission requirements for such other compliance.
A.
All applications for special use permits shall be
submitted to the Zoning Board of Appeals and shall be accompanied
by all necessary supporting documents as may be prescribed by the
Board or the Director of Planning and Development in order that it
may fully evaluate said application.
[Amended 3-28-2022 by L.L. No. 4-2022]
B.
Upon receipt of any such application, the Zoning Board
of Appeals shall conduct a public hearing and provide notice thereof
as set forth in § 274-b of the Town Law.
[Amended 3-28-2022 by L.L. No. 4-2022]
C.
Before approval of any special use permit, the Zoning
Board of Appeals shall make specific findings and determinations that
the proposed use, as depicted on the submitted data and supplemented
by testimony and research:
[Amended 3-28-2022 by L.L. No. 4-2022]
(1)
Is not detrimental or injurious to adjoining permitted
uses, adjoining use districts and to the neighborhood in general.
(2)
Is not detrimental to the orderly flow of pedestrian
and vehicular traffic on site and off site.
(3)
Will not create hazardous conditions.
(4)
Is consistent with the orderly and appropriate development
of the objectives of this chapter.
D.
In approving a special use permit, the Zoning Board
of Appeals may establish such conditions it deems necessary to attain
the objectives of this chapter and to protect the health, safety and
welfare of the people of the Town of Salina. Such conditions which
the Zoning Board of Appeals may impose shall be written in full on
the special permit and shall be entered in the minutes in full of
the Zoning Board of Appeals.
[Amended 3-28-2022 by L.L. No. 4-2022]
E.
In approving or denying any special use permit application,
the Zoning Board of Appeals shall certify the action taken with the
Town Clerk in writing within five business days after such decision
is rendered, and a copy thereof shall be mailed to the applicant and
the Director of Planning and Development, which certification shall
include the basis for such action by the Board.
[Amended 3-28-2022 by L.L. No. 4-2022]
F.
The special uses for which a special use permit is
required and for which conformance to additional standards is required
shall be deemed to be permitted uses in their respective districts,
subject to the satisfaction of the requirements and standards set
forth herein, in addition to all other requirements of this chapter.
All such uses are hereby declared to possess characteristics of such
unique and special forms that each specific use shall be considered
as an individual case.
G.
A plan for the proposed development of a site for a permitted special use shall be submitted with an application for a special use permit, and such plan shall meet the requirements for a site plan as detailed in § 235-41 of this chapter, and any other pertinent information that may be necessary to determine if the proposed special use meets the requirements of this chapter.
H.
A special permit shall be deemed to authorize only
one particular special use and shall expire if the special use shall
cease for more than six months for any reason.
I.
No special permit shall be issued for a special use
for a property where there is an existing violation of this chapter.
J.
The location and size of the use, the nature and intensity
of the operations involved, the size of the site in relation to it
and the location of the site with respect to the existing or future
streets giving access to it shall be such that it will be in harmony
with the orderly development of the district, and the location, nature
and height of buildings, walls and fences will not discourage the
appropriate development and use of adjacent land and buildings or
impair the value thereof.
K.
Operations in connection with any special use shall
not be more objectionable to nearby properties by reason of noise,
fumes, vibration or flashing lights than the operations of any permitted
use.
A.
Adult uses.
(1)
Intent. The primary purposes of this section are as
follows:
(a)
To preserve the character and quality of life
in Town neighborhoods and business areas.
(b)
To control documented harmful and adverse secondary
effects of a concentration or proliferation of adult uses on surrounding
areas such as decreased property values, attraction of transients,
parking and traffic problems, increased crime (including prostitution,
rape and assaults in the vicinity of such uses), loss of business
for surrounding non-adult-use businesses and deterioration of neighborhoods.
(c)
To maintain property values.
(d)
To prevent crime.
(e)
To protect retail trade.
(f)
To restrict minors' access to adult uses.
(g)
To maintain the general welfare, safety and
morals for Town of Salina residents.
(2)
Regulations. Adult uses shall be a permitted use in
any C-3 (Planned Commercial) District subject to all regulations therein,
and further provided that:
(a)
An adult use may not be located in any zoning
district other than a C-3 (Planned Commercial) District.
(c)
An adult use may not be located within 1,000
feet of another adult use, or on the same lot or parcel of land with
another adult use.
(d)
An adult use may not be located or operated
in a building or structure which contains another adult use.
(e)
For the purposes of this section, measurements
shall be made in a straight line, without regard to intervening structures
or objects, from the nearest exterior wall of the building or structure
in which an adult use is located to:
[1]
The nearest property line of the lot or parcel
of land on which a church, or public or private elementary or secondary
school or licensed child day-care center is located in the Town of
Salina.
[2]
The nearest boundary of a public park or a residential
zoning district of the Town of Salina.
[3]
The nearest exterior wall of the structures
in which another adult use is located.
(f)
Where the adult use is contained within a structure in a shopping center containing two or more businesses separated by common walls, or in an enclosed shopping mall, the distances in Subsections A(2)(e)[1], [2] and [3] above shall be measured from the nearest interior or exterior wall enclosing the adult use location within the shopping center structure or enclosed mall.
(g)
All adult uses shall be conducted in an enclosed
building. Regardless of location or distance, adult uses shall be
arranged and conducted so that no visual observation can be made from
the exterior of an enclosed building containing an adult use therein
of any specified anatomical area or any specified sexual activity
by virtue of any display in or on the building which depicts, exhibits
or shows said area or activity. This prohibition shall apply to any
display, decoration, sign or window or other opening, or any other
means or method of visual portrayal of information or advertisement.
(3)
Nonconforming adult uses.
(a)
Any adult use establishment lawfully operating on the effective date of this section which is in violation of the requirements of this section shall be deemed a nonconforming use subject to the provisions of § 235-34, except as otherwise provided herein.
(b)
An adult use business lawfully operating as
a conforming use shall not be rendered a nonconforming use by the
location, subsequent to the lawful operation of such adult use, of
a business, a church, public or private elementary or secondary school,
public park, licensed day-care center or a residential zoning district
within 500 feet of the adult use business.
B.
In any district, the following regulations shall apply
to a gasoline service facility:
(1)
Ingress and egress points for a gasoline service facility
shall be located a minimum of 40 feet from the intersection of the
right-of-way lines of two or more roads, streets or highways.
(2)
Pump islands, signs and other structures except buffer
fences shall be set back at least 25 feet from the street line and
property lines.
(3)
A ten-foot-wide landscaped buffer area shall be provided
along all gasoline service facility property lines, excluding points
of ingress and egress and property lines adjacent to existing commercial
uses. This landscaped buffer area shall be densely planted with a
mixture of shrubs, trees and fences not less than six feet high, which
will create an opaque screen, provided that all landscaped buffer
areas along property lines which are crossed by access drives shall
be planted with low shrubs no greater than three feet high and with
trees with a branching habit not less than eight feet high, and provided
further that no planting shall cause a hazardous condition by interfering
with the normal line of sight (350 feet in either direction) needed
for safe entering and exiting maneuvers by motor vehicles. All landscaped
areas shall be designed to be easily maintained and protected by at
least a six-inch nonmountable concrete or granite curbing. Landscape
plans shall be prepared by a registered New York State landscape architect.
(4)
A gasoline service combination car wash facility shall
provide adequate lot area to accommodate six times the maximum capacity
at the entrance and four times the maximum capacity at the exit of
each car wash structure and shall further provide an alternate traffic
circulation pattern for those customers not using the car wash facilities.
(5)
In the event that the continuous business operation
of a gasoline service facility shall be discontinued for a continuous
period exceeding one month, the owner and/or lessee thereof shall
provide adequate protection against unlawful entry into the buildings
and onto the property, shall close all vehicular entrances to the
property to prevent the storage of abandoned vehicles thereon and
shall remove all flammable liquids from all tanks located at said
facility and fill all of said tanks with water for a six-month period
only, and thereafter with a solid material.
(6)
In the event that any gasoline service facility becomes
an abandoned gasoline service facility as defined herein, the owner
and/or lessee of said facility shall immediately remove any and all
tanks, gasoline pumps, identification signs and lighting poles and
shall paint the exterior of all remaining structures, if other than
brick, a neutral color.
C.
Small
wind energy systems. The following regulations are in addition to
those regulations in the underlying zoning district.
[Added 7-13-2009 by L.L. No. 2-2009]
(1)
Tower
height shall be limited to 80 feet.
(2)
No
part of the wind system structure, including guy wire anchors, may
extend into the required setback for the underlying zoning district
of the installation.
(3)
The
setback from the tower to the property line shall be 1 1/2 half the
tower height.
(4)
Sounds
emitting from small wind energy systems shall not exceed 60 decibels
as measured at the closest property line. The level, however, may
be exceeded during short-term events such as utility outages and/or
severe wind storms.
(5)
Small
wind turbines must meet the certification program recognized by the
American Wind Energy Association or its successor as may hereafter
exist.
(6)
Compliance
with State Building Code: Building permit applications for small wind
energy systems shall be accompanied by standard drawings of the wind
turbine structure, including the tower, base and footings. An engineering
analysis of the tower showing compliance with the State Building Code
and certified by a licensed professional engineer shall also be submitted.
This analysis is frequently supplied by the manufacturer.
(7)
Compliance
with Federal Aviation Administration (FAA) regulations: Small wind
energy systems must comply with applicable FAA regulations, including
any necessary or required regulations or approvals for installation
close to the Hancock International Airport.
(8)
Compliance
with National Electric Code: Building permit applications for small
wind energy systems shall be accompanied by a line drawing of the
electrical components in sufficient detail to allow for a determination
that the manner of installation conforms to the National Electrical
Code or its successors as may hereafter exist.
(9)
Utility
notification: No approvals for small wind energy systems shall be
granted until satisfactory evidence has been given that the utility
company has been informed of the customer's intent to install an interconnected
customer-owned generator.
