[Amended 9-21-2000 by L.L. No. 2-2000]
Uses requiring a special permit are listed by district in Article III.
A.
As a prerequisite to the approval of special permit
application, the following general findings shall be made:
(1)
The proposed use is in compliance with all other applicable
regulations of this chapter, inclusive of specific district controls
and controls applicable to all districts and all other applicable
local, state and federal regulations.
(2)
The proposed use will not have an adverse impact upon
the character or integrity of any land use within the immediate neighborhood
having unique cultural, historical, geographical, architectural or
other special characteristics.
(3)
The proposed use is to be developed in such a way
as to ensure maximum amenities available to the site based upon a
consideration of the site plan and functional requirements of the
proposed use.
(4)
The proposed use is physically and visually compatible
with and will not impede the development or redevelopment of the general
neighborhood or adversely affect the existing land uses in proximity
to the subject site.
(5)
The proposed use will be provided with adequate supporting
services, such as fire and police protection, public and private utilities
and all other supporting governmental services necessary and appropriate
to the proposed use.
(6)
Controls for vehicular and pedestrian movement.
(a)
Controls for vehicular and pedestrian movement
are designed to provide for the safety of the general public and the
occupants, employees, attendants and other persons for whose benefit
the use is intended. In making this determination, consideration shall
be given to but need not be limited to the following:
[1]
Location and adequacy of parking.
[2]
Pedestrian right-of-way.
[3]
Traffic regulatory devices.
[4]
Locations, number and design of points of ingress
and egress.
[5]
Accessibility by emergency vehicles with particular
emphasis on access to structures and provisions for turning and free
movement.
[6]
Provision for snow storage.
[7]
Age and mobility of all persons for whose benefit
the use is intended.
[8]
Speed limits upon and general character of public
streets in proximity.
[9]
The proposed use will not generate any adverse
environmental impact upon the surrounding properties, including but
not limited to the emission of dust, noise, vibration, heat or glare
or odor.
In addition to the general criteria and findings
prescribed for all special permits, the following specific criteria
shall apply to the listed uses:
A.
Home occupations:
[Amended 4-19-2001 by L.L. No. 1-2001; 5-22-2019 by L.L. No. 2-2019]
(1)
General. Home occupations shall be permitted in all zones, provided
the home occupation is clearly and obviously subordinate to the main
use or dwelling unit for residential purposes. Home occupations shall
be conducted wholly within the primary structure on the premises,
or within a detached home workshop not more than 200 square feet in
area.
(2)
NO-IMPACT HOME-BASED BUSINESS
Special definition.
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client, employee or patient
traffic, whether vehicular or pedestrian, pickup, delivery or removal
functions to or from the premises in excess of those normally associated
with residential use. Business activities may include but not be limited
to the use of a desk, computer, phone/fax machine and filing system.
There can be no outward signs that a business is being conducted within
the residence.
(3)
Conditions. Home occupations shall comply with the requirements of
the NYS Uniform Fire Prevention Code and the following additional
restrictions:
(a)
The home occupation shall not exceed 15% of the floor area of
the primary structure.
(b)
No more than one person not residing in the dwelling unit may
be employed in the home occupation.
(c)
Inventory and supplies shall not occupy more than 50% of the
area permitted to be used as a home occupation.
(d)
There shall be no exterior display or storage of goods on said
premises.
(e)
The home occupation shall not create any hazards to neighboring
persons or property and shall not cause any electronic interference,
excessive noise, vibration, smoke, dust, odors, heat or glare on surrounding
properties.
(f)
The home occupation shall not involve any operation considered
to be hazardous.
(g)
Motor vehicle and small engine repair or dismantling shall be
prohibited.
(h)
Two additional parking spaces shall be provided on the premises,
except that only one need be provided if the home occupation does
not have an employee.
(i)
Sales and services to patrons shall be arranged by appointment
and scheduled so that not more than one patron vehicle is on the premises
at the same time.
(j)
The outdoor storage or parking of construction equipment or
vehicles, machinery and building materials shall be prohibited.
(4)
Approval.
(a)
No permit is required for no-impact home-based businesses.
(b)
Any home occupation not meeting the definition of a no-impact
home-based business shall require a home occupation/use permit from
the Code Enforcement Officer.
(c)
Any home occupation that exceeds or violates any of the above
conditions shall require a special permit from the Planning Board.
B.
Drive-in services:
(1)
Provision for the on-premises stacking of five vehicles
waiting for service shall be maintained for each drive-in service
window or unit.
(2)
The property must have a minimum frontage of at least
100 feet for each street it fronts upon.
(3)
A landscaped area eight feet in width, measured inward from the lot line, shall be maintained, exclusive of driveways, on all sides of the property except where required to be wider by § 190-57; treatment shall be of grass, ornamental stone or evergreens maintained below 2 1/2 feet in height, except where required to be higher by § 190-57 and surrounded by curbing (wood, stone or concrete) four inches to six inches in height.
C.
Motor vehicle service and repair. The following requirements
are in addition to all applicable requirements of the New York State
Uniform Fire Prevention and Building Code.[1]
(1)
The lot area shall be not less than 20,000 square
feet and have a minimum frontage along a public right-of-way providing
primary access of at least 150 feet.
(2)
No proposed site shall be within 200 feet of the property
line of a public assembly use.
(3)
Entrance or exit driveways shall be located at least
20 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)
No building or accessory structure, except a fence,
shall be closer than 35 feet to any boundary line of a residential
district or property used for residential purposes.
(5)
All repair or servicing, other than the dispensing
of fuel, oil, water, and air, of vehicles must be performed indoors.
(7)
No unlicensed or dismantled motor vehicles or auto
parts may be stored outdoors.
(8)
No vehicle shall be parked or stored outdoors for
the purpose of sale or offering for sale of such vehicle.
(9)
In the event that the continuous business operation
of a gasoline service station 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 to prevent the storage of abandoned vehicles
thereon and shall remove all flammable liquids from all tanks located
at said facility and fill all said tanks located at said facility
with water for a six-month period only, and thereafter with a solid
material. Refer to DEC regulations.
(10)
In the event that any gasoline service station
becomes an abandoned gasoline service station, 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. A gasoline service station shall be considered abandoned when
there has been no continuous business operation for a period of three
months.
D.
Residential units in combination with nonresidential
uses:
(1)
For each residential unit 500 square feet of lot area
shall be maintained as open space for the residential occupants, exclusive
of required yard and parking spaces.
(2)
Off-street parking requirements shall be applied as for separate uses. All parking spaces required for the dwelling units shall be provided on site and exclusive to that use. Nonresidential use parking shall be provided in accordance with the provisions of § 190-44.
(3)
The residential unit(s) shall be in compliance with
all applicable safety and health codes.
A.
Any change or modification to a use requiring site
plan or special permit approval shall require Planning Board review,
except for the following:
(1)
Removal or repair of a dangerous condition to a principal
or accessory structure when determined by an enforcement agency that
circumstances exist which, if not corrected, contribute a threat to
life, health or safety of the general public or such other persons
for whose protection such regulations were intended. Such determination
may be verbal or in writing. The term "enforcement agency" shall refer
to any public agency or official having jurisdiction to issue orders
affecting the life, health and safety of persons within the Village
of Clyde.
(2)
Routine repair, replacement or maintenance of electrical
or mechanical installations or of damaged or worn parts or surfaces,
including repainting, facade repair and roof replacement of principal
and accessory structures.
(3)
Changes in ownership or management of an establishment
which do not change the specific uses of the property.
(4)
Repaving or painting of driveway and parking areas
without altering the approved traffic pattern.
(5)
Routine landscaping and plant replacement or establishment
of new landscaped areas without altering the approved vehicular circulation
and parking patterns or pedestrian circulation pattern, consistent
with any applicable controls in the approved plan concerning height,
location and visibility.
(6)
Repair or replacement in kind of existing screening
devices.
B.
If the Planning Board determines that a proposed change
or modification to a use requiring a special permit is substantial,
the Board shall hold a public hearing as if for a new special permit.
A change or modification shall be deemed substantial if the proposal:
The Planning Board may impose conditions incidental
to the issuance of a special permit which, in its opinion, are reasonable
and necessary; including by way of illustration and not limitation
are: restrictions upon the hours of operation of any such special
permit use or improvements incidental thereto, including elements
such as signs, provided that these incidental elements are in compliance
with the applicable provisions of this chapter.
[Added 4-25-2005 by L.L. No. 1-2005]
A.
In any case where the Code Enforcement Officer determines
that a special permitted use of land or activity is being conducted
in violation of this chapter, or in violation of any conditions imposed
by a special permit, he or she shall notify the property owner and
the special permit holder of said violation(s) and require that the
violations be corrected within 30 days of receipt of said notice,
the Code Enforcement Officer is empowered to revoke the special permit.
In any case where a repeat of violations has caused two or more orders
to be issued within any calendar year, the Code Enforcement Officer
shall refer the matter to the Planning Board. Upon a review of the
facts and after a public hearing, the Planning Board is authorized
to revoke the special permit.
B.
It shall be unlawful and a violation of this chapter
for any person, firm or corporation to use or occupy any property
for which a Special permit as been revoked. Once revoked, a special
permit cannot be reinstated except upon submittal, review and approval
of a full application for a new special permit, in accordance with
all applicable provisions of this chapter.
C.
Any person, firm or corporation aggrieved by any order
or decision of the Code Enforcement Officer in regard to the revocation
of a special permit may make an appropriate application to the Zoning
Board of Appeals.
D.
Any notice to correct violations that is served under
the provisions of this section shall contain the following notice:
"Failure or refusal to correct the indicated violations within 30
days of receipt of the notice may result in the revocation of the
special permit. Two or more repeat violations within any calendar
year may result in revocation of the special permit."
