The purpose of conditional use approval is to allow the proper integration of uses into the community and zoning districts, plans and elevations necessary to show the proposed development, any requirements listed in §
190-196, as determined necessary by the review board, and other drawings or information necessary for an understanding of the proposed use and its relationship to surrounding properties and a filing fee as required in the Town's fee schedule, established by Town Board resolution, no part of which is returnable.
The conditional uses listed in this chapter
may be permitted upon authorization of the appropriate board authorized
to do so by Town Board resolution or, alternatively, the Town Board,
in accordance with the standards and procedures set forth in this
article. In permitting a conditional use or the modification of a
conditional use, the appropriate board may impose, in addition to
those standards and requirements expressly specified by this chapter,
any additional conditions which the Board considers necessary to protect
the best interests of the surrounding property, the neighborhood or
the Town as a whole. These conditions may include but are not limited
to increasing the required lot size or yard dimensions; limiting the
height of buildings; controlling the location and number of vehicle
access points; increasing the street width; increasing the number
of off-street parking and loading spaces required; limiting the number,
size and location of signs; and requiring diking, fencing, screening,
landscaping or other facilities to protect adjacent or nearby property.
In the case of a use existing prior to the effective date of this
chapter and classified in this chapter as a conditional use, any change
in use or in lot area or an alteration of structure shall conform
with the requirements dealing with conditional uses.
A property owner(s) or his agent(s) may initiate a request for a conditional use by filing an application with the authorized official, using forms provided by the Town for such requests. Such application shall be accompanied by a legal description of the property, a map showing the property and all properties within a radius of 500 feet of the exterior boundaries thereof, plans and elevations necessary to show the proposed development, any requirements listed in §
190-196, as determined necessary by the review board, and other drawings or information necessary for an understanding of the proposed use and its relationship to surrounding properties and a filing fee as required in the Town's fee schedule, established by Town Board resolution, no part of which is returnable.
A conditional use shall comply with the standards
of the zone in which it is located, except as these standards have
been modified in authorizing the conditional use or as otherwise modified
when consideration is given the following:
A. In order to grant any conditional use, the appropriate
board shall find that the request is:
(1)
In harmony with the general purpose and intent
of this chapter and of other respective zoning districts in which
it is proposed.
(2)
Would not be detrimental in any way to any uses
permitted in the respective zone or adjacent zones, taking into account
the location and size of use, the nature and intensity of the operations
involved in connection with it and the size of the site in respect
to streets giving access thereto.
B. In order to grant any conditional use, the appropriate
board shall find that the establishment, maintenance or operation
of the use applied for will not, under the circumstances of the particular
case, be detrimental to the health, safety or general welfare of persons
residing or working in the neighborhood of such proposed use or be
detrimental or injurious to the property and improvements in the neighborhood
or to the general welfare of the Town.
C. A conditional use permit shall become void one year
after approval unless, by conditions of the use permit, greater or
lesser time is specified as a condition of approval or unless, prior
to the expiration of one year, a building permit is issued and substantial
construction is started within two years. The reviewing board may
extend the permit for a period of one year subject to the requirements
of this article.
D. The appropriate board, on its own motion, may revoke
any conditional use permit for noncompliance with conditions set forth
in the granting of said permit after first notifying the applicant
of the violations and of the time period for compliance.
Before a conditional use is permitted, the proposed conditional use shall be considered by the appropriate board at a public hearing. Notice of said hearing shall be given as provided in §
190-176.
The appropriate board shall, in writing, notify
the applicant for a conditional use of the Board's action, within
five days after the decision has been rendered.
The following uses shall be subject to issuance
of a conditional use permit by the Town Board. The Board may, in addition
to administering the requirements listed for other conditional use
permits and all requirements contained elsewhere in this chapter,
consider and be guided by the following factors for each respective
use:
A. Gasoline service stations.
(1)
There should be no more than one such station
for each 1,000 residents in the Town.
(2)
The gasoline service station and all customary
uses and operations associated with the facility should not be located
closer than 200 feet to a residential district or be separated from
such district by another nonresidential use, or meet both requirements,
as the case may be.
(3)
They shall be located at either major origin
and/or destination points within the community, such as shopping areas
or areas near major employment centers or in neighborhood service
centers located at the intersection of two major roads, that is roads
identified as either arterial or collector, in the Town Comprehensive
Plan. Each service station shall comply with access requirements as
listed elsewhere in this chapter.
(4)
They shall be designed in keeping with the prevailing
architectural characteristics of the adjacent area and development.
(5)
Outdoor merchandise shall be limited to those
items that are stored inside at the time the station closes.
(6)
Lubrication and repair facilities shall be located
within wholly enclosed structures; provided, further, that repairs
shall be limited to those which do not require the retention of a
vehicle any longer than two full working days. Such vehicles shall
be kept inside the station.
(7)
There shall be no outdoor storage of any disabled
or dismantled vehicle. There shall be no outdoor storage of more than
five vehicles, each vehicle having a valid license plate and/or New
York State inspection sticker, and no more than two of which vehicles
may be commercial vehicles. Where such use is allowed, the area shall
be kept neat and shall be screened from adjacent uses by an opaque-type
fence consistent with the character of adjacent uses and buffered
with screen plantings if seen from a residential district.
(8)
Outdoor storage of used oil or other material
of a reusable nature shall be screened from the view of the general
public by an opaque fence. Any dumpster or other facility for outdoor
storage of waste material shall be similarly screened.
(9)
No gasoline pump should be closer than 25 feet
from a property line or future highway right-of-way, if one has been
determined.
(10)
Grease and other filters and/or traps shall
be provided as recommended or required by the Monroe County Health
Department for the purpose of protection of the public sewer system
and public bodies of water.
(11)
The use shall be located so as not to interfere
with pedestrian circulation patterns in the immediate vicinity and
shall not increase traffic hazards and congestion through turning
movements or other means.
(12)
Outdoor lighting shall not cause glare or nuisance
to adjoining uses.
B. Vehicle washes.
(1)
Coin-operated vehicle washes. These washes are
intended to be those where the vehicle operator washes the vehicle
by using a hose which is geared to a coin-operated, timed mechanism.
(a)
The vehicle washing facility or customary uses
or operations associated with the facility shall be located no closer
than 300 feet from any residential district and should be separated
from a residential district by another nonresidential use, or meet
both requirements, as the case may be.
(b)
All washing facilities shall be within a completely
enclosed building which shall be designed in keeping with the facades
of adjacent land uses.
(c)
Vacuuming facilities may be outside the building but shall not be in the front yard and shall meet the respective setback requirements as listed in Article
XXV for the General Business District. Such area may be buffered or screened as deemed necessary.
(d)
Off-street parking shall be provided on the property in the ratio of not less than four parking spaces at the exit from each stall and one space per employee. Each space shall meet the minimum requirements for a parking space as required in Article
IV.
(e)
All off-street parking areas shall be paved.
(f)
Any lights used to illuminate the area shall
be directed away from adjacent properties.
(g)
The use shall close operations at a reasonable
hour, as determined by the Town Board.
(h)
The same as in Subsection
A(11) and
(12) for gasoline service stations.
(2)
Automatic vehicle washers. These washers are
intended to be those where the vehicle is either slowly driven through
or pulled through by an automatic-chain mechanism, a vehicle wash
in which the vehicle operator does not perform any of the washing
functions other than to drive the vehicle where necessary.
(a)
The vehicle washing facility and customary uses
or operations associated with the facility shall not be located closer
than 500 feet from a residential district and should be separated
from a residential district by at least two other nonresidential uses,
or meet both requirements, as the case may be.
(b)
Noise.
[1]
All vehicle wash operations shall be so soundproofed,
the entire development shall be so arranged and the operations shall
be so conducted that the noise emanating therefrom, as measured from
any point on adjacent property, shall be no more audible than the
noise emanating from the ordinary street traffic and from other commercial
or industrial uses measured at the same point on said adjacent property;
except that in no event shall it be necessary to reduce the noise
from such operations as measured from any point on the adjacent lot
in a residential and/or business nonretail district to below 65 decibels,
or to below 70 decibels, as measured from any point from adjacent
property in a neighborhood and/or light and general industrial districts.
[2]
The comparison between noise emanating from
the vehicle wash and from the street and commercial or industrial
uses shall be made at the same time of the day. The decibel readings
shall be the power averages from several readings.
[3]
All sound-level meter performance, including
the definitions and units, shall be in accordance with the American
Standards Association standards.
[4]
The Town Board may permit temporary deviations
from these requirements in those cases and for such periods of time
as it finds that no one will be adversely affected. The reasons for
allowing such deviations shall be fully documented as part of the
Board's report on the project.
(c)
There shall be provided not less than 10 parking spaces for the entrance to each washing area if there are two bays and seven if there are three or more bays, and five parking spaces at the exit of each washing area. Each space shall meet the minimum requirements for a parking space as required in Article
IV. One parking space shall also be provided for each employee on maximum shift.
(d)
Vacuuming facilities may be provided outside but shall meet the setback requirements as listed in Article
XXV for the General Business District.
(e)
The only operations conducted on the property
shall be the washing of vehicles and vacuuming of interiors of vehicles.
(f)
The same as in Subsection
A(10) for gasoline service stations.
(g)
Any lighting shall be directed away from adjacent
properties.
(h)
All off-street parking areas shall be paved.
(i)
All washing operations shall be conducted within
enclosed structures which shall be exteriorly designed to be in keeping
with the exterior facades of adjacent land uses.
(j)
The same as Subsection
A(11) and
(12) for gasoline service stations.
(k)
All requirements listed above shall apply to
automatic vehicle washes that are operated in conjunction with and/or
are accessory to gasoline service stations, except that the parking
spaces required at the entrance to and exit from such washing bay
may be reduced to three and two spaces, respectively.
C. Funeral homes.
(1)
The same as in Subsection
A(11) and
(12) for gasoline service stations.
(2)
All parts of the operation, exclusive of parking,
shall take place within an entirely enclosed building.
(3)
There shall be either screen plantings or an
opaque-type fence consistent with the character of the surrounding
area, or both, to act as a visual buffer along the boundaries between
this and other uses.
(4)
The site shall contain enough area to permit
the loading and formation of funeral processions on-site.
(5)
The site shall have access to either a collector
or arterial road, as listed in the Town Comprehensive Plan, and, further,
shall not use any minor residential neighborhood street or subdivision
street as any part of a funeral procession route unless it can be
demonstrated that such is absolutely necessary in order to reach a
cemetery or similar facility.
(6)
Any other condition imposed by the Town Board pursuant to §
190-196.
D. Truck terminals.
(1)
the site shall be either a ten-acre minimum
or have a land-area-to-roofed-area ratio of at least 10 to 1 (10 square
feet to one square foot), whichever is greater, and shall contain
enough area to meet all of the following conditions which contain
dimensional requirements.
(2)
No part of the proposed operation or future
operation area shall be closer than 300 feet to the boundary of any
R, MR, PUD, BN-R or NB District.
(3)
Use shall not derive access to and from principal
arterials, other principal arterials, minor arterials or major collector
streets, as illustrated on the Thoroughfare Plan, Town of Gates, through
what are considered by the Town Board to be principally residential
streets by nature or residential neighborhoods.
(4)
All areas used for the operation, maneuvering
and storage of tractors, trailers and employee vehicles, plus interior
project roads, shall be paved to specifications of the Town of Gates.
(5)
The apron area and the area used for maneuvering
of trucks for purposes of loading and unloading between the dock area
and the nearest obstruction shall be at least 2 1/2 times the
length of the longest tractor-trailer combination that will use or
may use the site.
(6)
Truck parking area shall provide at least three
spaces per dock in loading-unloading areas, plus at least one additional
space, each, per such area where piggyback or double bottom hauling
methods are used. All trucks and trailers shall be stored neatly.
Spaces should be at least 14 feet wide by 60 feet long.
(7)
All storage of oil, tires, etc., shall be in
an enclosed building. Dumpsters shall be screened from view by an
opaque fence.
(8)
A buffer area as required in §
190-34B shall be required. This shall be within the required 100 feet. (The remaining portion of the setback area shall be graded and seeded with suitable material to prevent erosion.) In addition to natural plantings, an opaque fence consistent with §
190-33B shall be included in the buffer area closest to the terminal. Any additional screening for tractor and/or trailer storage or parking areas and employee parking areas may be required by the Town Board, where it is deemed necessary.
(9)
Any outdoor lighting should not cause glare
or a nuisance to adjoining uses.
(10)
No portion of any vehicle shall extend beyond
the property line.
(11)
Any truck maintenance or minor repairs shall
take place entirely in an enclosed building.
E. Nursing care homes.
(1)
Nursing care homes must be approved by the Genesee
Region Health Planning Council and the New York State Health Department,
or other successors. Approval shall pertain to the actual need for
the facility in the general area in which it is proposed as well as
approval regarding design, floor area per person, services, etc. Where
such items are hereafter listed the appropriate regional or state
agency's rules shall apply.
(2)
Exterior construction shall be in harmony with
the prevailing style of architecture in the immediate area.
(3)
Any exterior lighting shall be directed away
from adjacent properties so as not to cause glare or general nuisance.
(4)
The site should be designed to offer privacy
to the residents thereof and convenience to shopping and other facilities.
(5)
There shall be at least 120 square feet of private
room area per person and 100 square feet of private room area per
person for rooms designed for two persons.
(6)
Any building converted to a nursing home or
a new building constructed for such purposes shall be a completely
detached structure, no part of which is used for a purpose not directly
associated with the main use.
(7)
Fire Department approval shall be obtained as
necessary regarding fire walls, fire escapes and/or exits, etc.
(8)
A buffer area shall be required as specified in §
190-34A.
(9)
The use shall meet all other dimensional requirements
specified for uses in the zone where this use is either permitted
or conditionally permitted, except that the structure shall not exceed
one story in height or 20 feet.
F. Junkyards.
(1)
No proposed or future area or process of the
operation shall be closer than 500 feet to any other district boundary.
Within the GI District, no part of the proposed or future operation
shall be closer than 100 feet to a neighboring use.
(2)
Where adjacent to another district, there shall be a one-hundred-foot buffer area which, in addition to natural plantings, shall contain an eight-foot-high opaque fence. Such fence shall be located in that portion of the buffer area closest to the junkyard operation. The buffer area as a whole shall be located in the last 100 feet of the five-hundred-foot setback area mentioned in Subsection
F(1) above. The remainder of the setback area shall be graded and seeded with suitable material to prevent erosion. Additional bufferage of employee parking areas may be requested by the Town Board, where it is deemed necessary.
(3)
When adjacent to other special permit uses in
the GI District, a regular cyclone-type fence may be substituted for
the opaque fence. Otherwise such fence shall be opaque and eight feet
high.
(4)
No material shall be burned unless it is done
so in a completely enclosed incinerator and approved by the Fire and
Building Departments. Incineration shall meet applicable air pollution
standards established for the general metropolitan area and enforced
by the appropriate health agency. The incinerator shall not be closer
than 200 feet to an adjacent use in the GI District.
(5)
Surface where material is stored shall be dust
resistant.
(6)
Material shall be stored in an orderly manner.
(7)
No part of the storage area should be seen by
passing motorists on roads to which the use has direct access or which
are bordering the site.
(8)
The same as Subsection
D(3) for truck terminals.
(9)
The same as Subsection
D(9) and
(10) for truck terminals.
[Added 1-21-1991 by L.L. No. 2-1991]
A. In situations where an existing conditional use permit
is the subject of an application for renewal, the Town Board may,
in its discretion, determine that the best interests of the Town are
served by waiver of a formal public hearing on the renewal and may
submit such applications to the Director of Public Works for his report
and recommendation on the application.
B. All applications for renewal of existing conditional
use permits originally granted by the Town Board may be submitted
by the Town Board to the Director of Public Works for his review,
report and recommendation.
C. The Director of Public Works shall review such application
and make a report, including his comments on any proposed changes
in the renewal application as compared with the conditions and any
other relevant items regarding the operation in general. The report
shall also contain the Director's recommendation on whether a formal
public hearing should be held and whether or not the Town Board should
grant the renewal.
D. The Town Board, upon receipt of the report and recommendation
of the Director of Public Works, may waive the public hearing requirement
and issue a conditional use permit for a renewal if the Board finds
that there is no material change in the application or operation and
that the applicant has been in compliance with existing conditions
since the granting of the original conditional use permit.