A.
All special permit uses cited in the district Schedule of Use Regulations
shall be subject to review and approval by the Planning Board in accordance
with the standards and procedures included herein. In all cases where
this chapter requires such special use permit authorization by the
Planning Board, no building permit or certificate of occupancy shall
be issued by the Code Enforcement Officer except upon authorization
of and in full conformity with plans approved by the Planning Board.
Where a proposed use also requires site plan approval by the Planning
Board, the review processes for special use permits and site plan
review shall be conducted by the Planning Board concurrently to the
maximum extent practical.
B.
The purpose of special use approval is to allow the proper integration
of uses into the community and zoning district which are only suitable
in such areas given certain conditions and at appropriate locations.
Because of their characteristics or the special characteristics of
the area in which they are to be located, special uses require special
consideration so that they may be properly located with respect to
the objectives of the law and their effect on surrounding properties.
In authorizing any special permit use, the Planning Board shall take into consideration the public health, safety and general welfare, the comfort and convenience of the public in general and that of the immediate neighborhood in particular and the goals of the Town of Stockport Comprehensive Plan. The Planning Board shall also take in strict account the specific conditions set forth in this article for certain uses, applicable supplementary regulations stated in Article IV of this chapter and the following general objectives for any use requiring authorization by the Planning Board:
A.
Compatibility of the proposed use with adjoining properties, with
the natural and built environment in the area, with the purposes of
this chapter and with the purposes and requirements of the land use
area and any applicable overlay districts.
B.
Accessibility to fire, police, and emergency vehicles. The Planning
Board shall evaluate the adequacy and arrangement of vehicular traffic
access and circulation, including intersections, road widths, drainage
channelization structures and traffic controls. Consideration will
also be given to the project's impact on the overall traffic
circulation system of the neighborhood and the Town. All proposed
traffic accessways shall be adequate but not excessive in number,
adequate in width, grade and alignment and visibility, and sufficiently
separated from street intersections and other places of public assembly,
and shall meet other similar safety considerations. All proposed traffic
accessways shall be adequate but not excessive in number; adequate
in width, grade, alignment and visibility; be sufficiently separated
from street intersections and places of public assembly; and meet
similar safety considerations.
C.
Adequacy of parking for the proposed use. Adequate provision for
safe and accessible off-street parking and loading spaces shall be
provided to prevent parking in public streets of vehicles of persons
connected with or visiting the use. All parking and service areas
shall be screened at all seasons of the year from the view of adjacent
residential lots and street, and the general landscaping of the site
shall be in character with that generally prevailing in the neighborhood.
Such landscaping shall, to the extent practicable, include the preservation
of existing trees to the maximum extent possible.
D.
Suitability of the property for the proposed use considering its
size, topography, vegetation, soils, and hydrology and, if appropriate,
its ability to be buffered or screened from neighboring properties
and public roads. The Planning Board may impose setbacks greater than
those contained in this chapter if they are necessary to meet the
goals of the law. The location and size of the use, the nature and
intensity of the operations involved, the size of the site in relation
to the use, and the location of the site with respect to existing
and future streets providing access shall be in harmony with the orderly
development of the district.
E.
Environmental, social and economic impacts of traffic, noise, dust,
odors, release of harmful substances, solid waste disposal, glare,
or any other nuisances. The proposed use shall be designed and shall
be carried out in a manner that protects natural environmental features
on the site under review and in adjacent areas.
F.
Adequacy and arrangement of pedestrian traffic access and circulation,
including, but not solely limited to, separation of pedestrians from
vehicular traffic, control of intersections and overall pedestrian
convenience; where appropriate, consideration of access and facilities
for bicycles.
G.
Location, arrangement, size, design and general site compatibility
of buildings, lighting and signs. The location, nature and height
of the buildings, walls and fences and the nature and intensity of
intended operations will not discourage the appropriate development
and use of adjacent land and buildings or impair the value thereof.
H.
Adequacy, type and arrangement of trees, shrubs and other landscaping
constituting a visual and or noise-deterring buffer between the project
and adjoining properties.
I.
In the case of an apartment house or multiple-dwelling complex, the
adequacy of usable open space for playgrounds and informal recreation.
J.
Adequacy of provisions for the disposal of stormwater and drainage,
sanitary waste and sewage, providing water supply for both fire protection
and general consumption, solid waste disposal and snow removal storage
areas.
K.
Protection of adjacent properties against noise, glare, unsightliness
or other objectionable features.
L.
Such use is suitably located in relation to transportation, water
and sewerage requirements of this chapter, or where not specifically
required, that such facilities are otherwise adequate to accommodate
anticipated use.
M.
The character of the Town, neighborhood and values of surrounding
property are safeguarded.
N.
The character and appearance of the proposed use, buildings, structures
and/or outdoor signs shall be in general harmony with the character
and appearance of the surrounding neighborhood, shall not be more
objectionable to nearby properties by reason of noise, fumes, vibration
or flashing lights than would the operations of any permitted principal
use and shall not adversely affect the general welfare of the inhabitants
of the Town of Stockport.
In addition to the general standards stated above and the site plan review considerations stated in § 120-48, the following specific standards shall be complied with for the particular special permit uses cited below:
A.
Multifamily dwellings.
(1)
In the Hamlet (H) District:
(a)
The number of units located on a lot shall not exceed six dwelling
units per acre.
(b)
Adequate central water supply and common sewage disposal facilities
shall be provided in full accordance with the requirements of the
Town of Stockport and the Columbia County Department of Health.
(c)
No individual multifamily structure shall contain more than
six residential units, nor may any group of structures exceed a total
of 20 dwelling units.
(d)
Not less than 40% of the land area on any multifamily lot or
within any multifamily dwelling shall be reserved and maintained as
usable open space.
(2)
In all other districts where multifamily dwellings are allowed:
(a)
The number of units located on a lot shall not exceed four dwelling
units per acre. No individual structure shall contain more than four
residential units, nor may any group of structures exceed a total
of 20 dwelling units.
(b)
All structures containing multiple-family units shall have a
minimum roof pitch of 6 over 12.
(c)
All front yards attached to multiple-family structures shall
have a clearly defined front yard using landscaping, fencing, hedging,
or brick or stone wall, none of which shall exceed three feet in height.
Front yards of attached townhouses may be unified into one common
yard treated as a single front yard for the entire building.
(d)
All multiple-family units shall have the following dimensions:
(e)
All multiple-family developments shall consist of structure
of an architectural style that emulates single-family residences in
building design, entrance, and other architectural details.
B.
Individual mobile homes in R, RR, and A District, provided that:
(1)
Any mobile home sited in the Town shall be demonstrated to the satisfaction
of the Code Enforcement Officer to have been constructed in accordance
with the 1976 federal regulations for mobile homes and shall meet
current requirements stated within the New York State Uniform Fire
Prevention and Building Code for one- and two-family dwellings, including
factory-manufactured homes.
(2)
The mobile home shall be wholly sited either on a concrete pad with
a concrete block or durable manufactured mobile home skirting installed
along its entire perimeter or on a poured foundation. Either installation
shall be in full conformance with the requirements of the New York
State Uniform Fire Prevention and Building Code.
(3)
Water supply and sewage disposal systems shall be installed in full
conformance with the requirements of the Columbia County Health Department,
and a certificate to that effect shall be provided from the Health
Department prior to the issuance of a certificate of occupancy by
the Code Enforcement Officer.
(4)
Any modifications or additions to the mobile home shall be in conformance
with the New York State Uniform Fire Prevention and Building Code
and applicable provisions of this chapter.
(5)
No mobile home shall be located within 60 feet of a street or highway
or within 150 feet of an existing dwelling fronting on any Town, state
or county road.
(6)
All other minimum requirements stated within this chapter pertaining
to single-family dwellings shall be met.
C.
Extractive operations and soil mining, including the loading, hauling
and/or processing of sand, gravel, soil, shale, topsoil, stone or
any aggregate material, provided that:
(2)
A time schedule for completion of either the entire operation or,
if excavation is to occur in stages, of each stage of the operation
is submitted for approval.
(3)
An operations plan, including the number and type of trucks and other
machinery to be used on the site, including their respective noise
levels, is submitted for approval.
(4)
A progressive restoration and rehabilitation plan showing both existing
contours and proposed final contours after operations are completed
is submitted for approval.
(5)
A performance guaranty (performance bond or escrow deposit) to assure
rehabilitation is provided, upon recommendation of the Planning Board,
in an amount and form satisfactory to the Town Board and the Town
Attorney.
(6)
A buffer zone of not less than 300 feet shall be established between
the operation and the nearest property line.
(7)
In general, such special use permit shall be restricted to a disturbed
area not to exceed five acres and to a time period not to exceed three
years.
D.
Gasoline stations and auto or equipment service, rental or sales,
provided that:
(1)
No gasoline station shall be located within 200 feet of any school,
church, public library, theater, hospital, park, playground or other
public gathering place designed for occupation by more than 50 people.
(2)
The area of use by motor vehicles, including display and storage,
except access drives thereto, as well as any structures shall not
encroach on any required yard area, with it further provided that
no building shall be erected closer than 50 feet to any street or
lot line.
(3)
No fuel pump shall be located within 25 feet of any lot line or within
the required side or front yard, whichever shall be more restrictive.
The station layout shall eliminate the necessity of any vehicle backing
into a public right-of-way.
(4)
Entrance and exit driveways shall total no more than two in number
and shall have an unrestricted width of not less than 18 feet nor
more than 30 feet and be located no closer than 15 feet to any side
lot line.
(5)
Gasoline or flammable oils in bulk shall be stored in accordance
with New York State DEC Part 614 Regulations, with no aboveground
or underground storage located nearer than 25 feet to any lot or street
line.
(6)
All major repair work, storage of materials, supplies and parts shall
be located within a structure completely enclosed on all sides, not
to be construed as meaning that the doors on any repair shop must
be kept closed at all times.
(7)
Suitable year-round buffering and landscaping shall be provided in
all rear and side yards.
(8)
Those establishments which sell gasoline in combination with a quick-stop
retail food outlet shall:
(a)
Ensure that adequate parking is available on site for customers
making purchases at the store but not buying gasoline. This parking
area shall be located in such a manner that it does not interfere
with the safe entry and exit of vehicles purchasing gasoline.
(b)
Provide an enclosed trash dumpster for disposal of stock packings
removed by store employees and trash receptacles for customer use
on the premises.
(c)
Maintain no outdoor displays of merchandise which interfere
with the safe flow of traffic and pedestrians.
(d)
Locate all vending machines on the side of the building.
(e)
Direct all rooftop heating/ventilation/air-conditioning or refrigeration
units away from adjacent residential properties.
E.
Summer or vacation colonies, including cabins and cottages available
for rent during the non-winter months, provided that:
(1)
The minimum lot area shall be 15 acres.
(2)
Such cabins or cottages shall be designed for one family only, with
not more than two such dwelling units permitted per gross acre.
(3)
All such dwelling units shall be serviced by a central water supply
and common sewage disposal system satisfactory to the Columbia County
Health Department.
(4)
No building or recreational facility shall be located less than 100
feet from any lot line and shall be effectively screened from adjacent
properties.
F.
Camps and campgrounds, provided that:
(1)
The minimum lot area shall be 20 acres.
(2)
No tent, activity area or recreational facility shall be closer than
200 feet from any lot line.
(3)
There shall be not more than four tent platforms, recreational vehicle
berths or cottages per gross acre.
(4)
Water supply and sewage disposal facilities shall satisfy all applicable
requirements of the Columbia County Health Department.
G.
Day camps, provided that:
(1)
The minimum lot area shall be five acres.
(2)
No activity area or recreational facility shall be closer than 100
feet from any residential property boundary.
(3)
There shall be not more than eight day campers accommodated per acre
of available land area.
(4)
Water supply and sewage disposal facilities shall satisfy all applicable
requirements of the Columbia County Health Department.
H.
Membership clubs providing public and private recreational facilities,
other than for a one- or two-family dwelling, including playgrounds,
swimming facilities, golf courses and hunting and fishing clubs with
accessory structures for administration, operation and clubhouse purposes,
provided that:
I.
Boarding or breeding kennel or animal hospitals, provided that:
(1)
Buildings or structures, including fenced runs and similar outdoor
areas, shall be located not less than 100 feet from any lot line nor
within 300 feet of the nearest neighboring residential structure.
(2)
The facility shall be screened from neighboring streets and properties
by natural vegetation.
J.
Cemeteries and crematories, provided that:
(1)
No burial or memorial plats or buildings shall be located closer
than 50 feet to any residential lot line, except that when a dense
evergreen hedge or wall or landscaped strip at least six feet in height
providing complete visual screening from all adjacent residential
property is provided, burial or memorial plats of less than six feet
in height may be located as close as 25 feet to any residential lot
line.
(2)
All burials shall be undertaken in strict accordance with applicable
regulations of the New York State Department of State and the Department
of Health.
K.
Churches and other similar places of worship, including related parish
houses, seminaries, convents, dormitories and other accessory uses,
provided that:
M.
Public, denominational or private schools, including playgrounds
and accessory uses required for their operation, provided that:
O.
Hotel or motel, provided that:
(1)
The minimum residential lot area shown on the district Schedule of
Area and Bulk Regulations for the land use district in which the hotel
or motel is proposed to be located shall be increased by 5,000 square
feet for each guest room provided.
(2)
The minimum side and rear yard setback requirements shown on the
Schedule of Area and Bulk Regulations for the land use district in
which the hotel or motel is proposed shall be doubled if such yard
abuts property in a residential district (RC, RA, R or H).
(3)
The minimum front, side and rear yard setback requirements for off-street parking areas stated in § 120-23B shall be similarly doubled if such yard abuts property in a residential district.
(4)
All uses integral to the hotel or motel development shall either be clearly accessory to the hotel or motel development, as defined in § 120-4, or shall be permitted uses or special permit uses within the land use district in which the hotel or motel development is proposed.
(5)
Integral accessory uses shall generally be limited to the following:
meeting rooms; restaurant and dining facilities; recreational facilities,
such as swimming pools and tennis courts; and small personal service/retail
shops fully within the hotel or motel facility and selling newspapers,
magazines, tobacco, small gifts and similar items.
(6)
The maximum structure coverage, including all principal and accessory
structures, shall not exceed 15% of lot area.
P.
Personal service establishments. In addition to all site plan, special
use, and zoning district requirements, the following shall be required:
(1)
Parking shall be located behind or to the side of the principal building.
(2)
Applicants must clearly demonstrate that the use will be compatible
with the neighborhood, particularly with regard to traffic circulation,
parking, and appearance.
(3)
The hours of operation may be restricted through the special use
permit.
(4)
Exterior lighting shall be compatible with the surrounding neighborhood.
(5)
Entrances to the site should be minimized and placed in such a way
as to maximize safety, maximize efficient traffic circulation, and
minimize the impact on any surrounding residential neighborhood. No
more than two curb cuts per street frontage shall be allowed. Factors
determining the number of curb cuts permitted include number of curb
cuts in the area, potential for traffic congestion and hazards, and
number of travel lanes of the street serving the site.
(6)
Loading areas shall be sited in such a way so as to minimize the
impact on any surrounding neighborhood. Sufficient screening shall
be provided to screen and diffuse noise impacts on adjacent residences.
(7)
For existing structures, no exterior changes may be made that are
nonresidential in character.
Q.
Accessory apartments. One dwelling unit serving as an accessory apartment
shall be permitted as an accessory use to a single-family dwelling
in any residential district subject to special use permit approval
by the Planning Board. The accessory apartment may be located within
the principal building or an accessory structure located on the same
lot. The certificate of occupancy for the principal use shall clearly
identify such accessory dwelling unit and its floor area. In addition,
an accessory apartment shall comply with the following provisions:
(1)
One of the dwellings is or will be owner-occupied.
(2)
The accessory apartment is self-contained, with separate cooking,
sleeping and sanitary facilities for use by the occupants.
(3)
The dwelling has only one exterior front entrance, with any additional
entrances being located at the side or rear of the structure.
(4)
The accessory apartment is clearly subordinate to the principal residence
and contains no greater than 35% of the total habitable space of the
existing structure prior to the development of such accessory apartment
or no more than 1,000 square feet for new structures. "Habitable space"
shall be that as defined in Article 3, Part 711.1, of the New York
State Uniform Fire Prevention and Building Code, as amended.
(5)
The conversion of any existing residence or construction of a new residence to accommodate an accessory apartment as defined herein and in § 120-4 is limited to one accessory apartment per principal residence with a maximum of two bedrooms.
(6)
The principal residence and its accessory apartment is, at the time
of conversion, on a single lot with lot area, lot width and setbacks
of no less than the minimum specified for the principal residence
in the district Schedule of Area and Bulk Regulations.
(7)
Parking, as required for an accessory apartment/principal residence,
is a minimum of two spaces per dwelling unit on-site and is designed
and located to be convenient without encroaching on any yard/setback
area.
(8)
Approval has been granted by the Columbia County Health Department
for any required on-site sanitary or water supply system, including,
as may be applicable, a determination that the existing on-site water
supply and sewage disposal facilities are sufficient to accommodate
the additional demands of the accessory apartment where conversion
is proposed.
(9)
Within 60 days after the transfer of title to premises for which
a special use permit has been granted for an accessory apartment,
the Code Enforcement Officer shall inspect the premises to determine
that the dwelling is owner-occupied. If an owner or occupant refuses
permission to the Code Enforcement Officer to inspect the dwelling
and the additional apartment contained therein or if the Code Enforcement
Officer determines that all of the applicable provisions of the special
use permit have not been complied with, the Code Enforcement Officer
shall serve a written notice upon the owner or occupant setting forth
the conditions found to be in violation and allowing a reasonable
time for the owner or occupant to comply. If the owner or occupant
fails to comply within the time allowed or if the Code Enforcement
Officer shall determine that the dwelling is not the actual residence
of the owner, the Planning Board shall revoke the special use permit
and direct that the additional apartment unit created pursuant to
this subsection be vacated. The dwelling shall thereafter be used
as a single-family detached dwelling.
(10)
Stairways leading to any floor or story above the first floor
shall be located within the walls of the building wherever practicable.
Stairways and fire escapes shall be located on the rear wall in preference
to either side wall. In no instance shall a stairway or fire escape
be located on any wall fronting on a street.
R.
Riding academy. The business use of riding academy is hereby allowed
in the Rural Residential, Residential and Hamlet Districts by special
permit, provided that the parcel of land consists of a total acreage
of 15 acres. The total acreage of the parcel of land shall be determined
by considering the entire parcel, including those portions of the
parcel not within the Rural Residential, Residential or Hamlet District.
S.
Shopping center. The shopping center building envelope shall be no
more than 20,000 square feet. All parking shall be to the side or
rear of the structure. Full screening shall be provided between the
shopping center parcel and adjacent parcels. Glare onto neighboring
properties shall be strictly prohibited and shall be controlled with
use of fully shielded light fixtures. The Planning Board may also
require timers to extinguish lights, except for security lighting,
after business hours.
T.
Swimming pools. Any outdoor swimming pool, whirlpool or hot tub, as defined in § 120-4, shall be subject to the following safety measures, as required by the New York State Uniform Fire Prevention and Building Code:
(1)
The outdoor swimming pool, whirlpool or hot tub shall be enclosed
on all sides by a security fence not less than four feet nor more
than six feet in height, or, in the case of a whirlpool or hot tub,
a securely locked cover shall be provided.
(2)
Such security fence, as may be applicable, shall be provided with
a locking gate to prevent accidental entry or unauthorized use of
the outdoor swimming pool, whirlpool or hot tub.
U.
Roadside stands and farmstands.
(1)
Roadside stands shall be permitted pursuant to the Schedule of Use
and Bulk Regulations in accordance with the following requirements:
(a)
In all zoning districts except Agriculture (A), such stand shall
not exceed 100 square feet in total area.
(b)
Roadside stands 100 square feet or less in the A District are
permitted by right and do not need special use or site plan approvals,
providing all standards of the section are met. Any roadside stand
greater than 100 square feet shall require site plan review approval.
(c)
Such stand shall be located not less than 25 feet from any street
line, except in the H District, where 10 feet shall be the required
front setback.
(d)
Such stand shall be solely used for display and sale of agricultural
products.
(2)
Farmstands shall be permitted pursuant to the Schedule of Use and
Bulk Regulations in accordance with the following requirements:
(a)
Site plan approval shall be required for all farmstands.
(b)
In the Agricultural Overlay District (A), farm stands may be
up to 2,500 square feet of gross floor area, inclusive of all customer,
storage and office areas.
(c)
All parking, signage, landscape, and other development standards
of this chapter shall be met.
V.
Bed-and-breakfast establishments.
(1)
Bed-and-breakfasts shall be owner-occupied and their certificate
of occupancy shall so stipulate. Further, all bed-and-breakfasts up
to six units must also be consistent with all New York State Uniform
Fire Prevention and Building Code standards.
(2)
Unless otherwise allowed by the Planning Board, off-street parking
shall not be located in a front yard and shall be screened from roads
and adjacent properties so as to provide no variation from the residential
character of the site. Off-street parking spaces for members of the
owner's family residing in the dwelling unit as well as one parking
space per room shall be provided.
(3)
Each bed-and-breakfast shall be established, maintained and operated
so as to preserve and complement the residential character and integrity
of the surrounding area.
(4)
No guest shall stay for a period of time in excess of 30 consecutive
days.
(5)
Each bedroom occupied by a paying guest shall be equipped with a
properly installed and functioning smoke detector. Further, a smoke
detector shall be properly installed and functioning on or near the
ceiling in the room or hallway from which each bedroom rented to paying
guests exists.
(6)
The Zoning Enforcement Officer and/or Code Enforcement Officer shall
be given such access to the dwelling on an annual basis for the purpose
of making inspections to ensure compliance with all federal, state
and local codes, rules and regulations, including the New York State
Uniform Fire Prevention and Building Code. An operating permit and
firesafety site inspection shall take place annually. Upon issuance
of a special use permit for a bed-and-breakfast, the owner shall give
written permission for periodic site inspection by the Zoning and/or
Code Enforcement Officer.
(7)
A single exterior sign or display may be established on the site
of the bed-and-breakfast. Said sign or display shall not exceed six
square feet in area. No freestanding sign shall be located less than
15 feet from the front property line or less than five feet from the
side property line. Further, said sign or display shall be as unobtrusive
as reasonably possible and may be illuminated by no more than two
seventy-five-watt light bulbs which shall be shielded so as to prevent
glare, etc.
(8)
The bed-and-breakfast shall be maintained and operated at all times
so as to comply with the New York State Uniform Fire Prevention and
Building Code and the rules and regulations promulgated thereunder,
as amended, including furnishing of smoke alarms, carbon monoxide
detectors and exit signs.
(9)
During site plan review, the Planning Board shall consider the:
(a)
Adequacy and arrangement of vehicle traffic access and circulation;
(b)
Location, arrangement, appearance and sufficiency of off-street
parking;
(c)
Location, arrangement, size and design of lighting and signs;
(d)
Relationship and compatibility of proposed use (bed-and-breakfast)
to uses of adjacent parcels in the immediate vicinity, together with
their scale;
(e)
Adequacy, type and arrangement of trees, shrubs, fences and
other landscaping or improvement constituting a visual or noise-deterring
buffer between the site and adjacent or adjoining uses.
(10)
The owner shall maintain a guest register and shall preserve
registration records for a minimum of three years.
W.
Domestic animal agricultural use.
(1)
In any hamlet district, a special use permit approval shall be required
as follows for the raising of domestic animals and animal agricultural
uses. No special use permit is required for bona fide 4-H and FFA
youth project animals; provided, however, that the standards below
are met. All other animal agriculture in hamlet districts shall obtain
special use permit approval from the Planning Board and meet the following
standards:
|
Animal Type
|
Minimum Lot Size
|
Additional Animals
| |
|---|---|---|---|
|
Horses and mules
|
1 animal per one acre to a maximum of 10 animals
|
1 acre per animal
| |
|
Livestock
|
1 animal per one acre to a maximum of 10 animals
|
1 acre per animal
| |
|
Fowl and game birds
|
10 birds per one-acre lot to a maximum of 25 animals
| ||
|
Goats, pigs, sheep
|
2 per one-acre lot to a maximum of 10 animals
|
Prorated number of animals for each portion of an acre
|
(2)
All bedding materials and stored manure must be stored in a covered
structure or more than 25 feet from any property line.
(3)
All buildings and structures used to store feed or other materials
used for the domestic livestock use shall be located a minimum of
35 feet from all property lines. A minimum of 100 feet shall be provided
between any area or structure used for the storage of animal wastes
and wetlands, and waterways.
(4)
All livestock shall be fenced.
(5)
No animal shall have direct access to a jurisdictional wetland, impoundment,
stream, spring, or well on the lot on which the livestock is located.
(6)
The animal agricultural use in the hamlets shall not constitute a
nuisance with regard to noise, odor, vectors, dust, or other nuisance
effects beyond the property lines of the parcel.
(7)
Conversion of a domestic livestock use to a more intense, commercial
livestock operation shall not be permitted in any hamlet district.
X.
Convenience store.
(1)
There shall be a maximum of 10% of floor area for seating facilities.
(2)
Exterior display of merchandise for sale will be allowed only on
paved walkway within three feet of building.
(3)
Loading areas shall minimize impact on neighborhood; screening and
buffer zones shall be provided if adjacent to residential use.
(4)
At least 1 entrance and all principal windows shall be street oriented.
(5)
Use of alternative pavements (brick pavers, porous pavement, are
encouraged).
(6)
Vehicle entrances shall be minimized to maximize safety, efficient
traffic circulation while minimizing impact on neighborhood.
(7)
The applicant shall demonstrate that the use is compatible with neighborhood.
(8)
Exterior lighting shall not glare on adjacent property or public
right-of-way.
(9)
The hours of operation may be restricted.
(10)
The scale, massing, and building design shall be compatible
with neighborhood.
(11)
Parking shall not be in the front yard (unless impractical).
Y.
Self-storage warehouse.
(1)
The minimum front setback shall be 35 feet.
(2)
No security fencing, security gate, or other obstruction to vehicle
access shall be permitted in the required front yard or in any required
transitional yard.
(3)
No door opening for any rental unit shall be constructed facing any
residential use.
(4)
Door openings for rental units shall face the interior of the site
unless impracticable.
(5)
Accommodations for resident managers is permitted.
(6)
The roof shape and materials shall be pitched and compatible with
the design and materials of neighboring buildings and shall meet all
design and siting requirements for the district.
(7)
Views of the storage facility from public rights-of-way shall be
fully buffered with vegetative material.
(8)
All parking shall be to the rear of the building or to the side,
if adequately screened.
(9)
Storage units shall not be used for the servicing or repair of motor
vehicles, boats, trailers, lawn mowers and other similar equipment;
or for office, retail, manufacturing or other similar uses.
(10)
No activities such as miscellaneous or garage sales shall be
conducted on the premises.
(11)
All storage uses shall be inside an enclosed building.
(12)
An on-site office for a manager may be approved by the Planning
Board as part of the business.
(13)
Security fencing shall not include electrically charged, barbed
wire or razor wire, and shall not be placed in a required front yard
setback area.
(14)
Spacing between structures shall be a minimum of 20 feet, and
emergency access shall be provided to at least three sides of all
structures.
(15)
All lighting shall be shielded and directed downwards; light
sources shall be located and designed so as to prevent light from
being directed outside the boundaries of the development. Light poles
and fixtures shall be located as low as practical. A greater number
of low "area" lights are favored over higher lights. Incandescent
lights are favored over sodium or mercury-type lighting.
(16)
Access drives shall be designed to handle automobiles, vans,
light trucks, and other two-axle vehicles.
Z.
Junkyards and automobile junkyards.
(2)
No junkyard items or junk cars shall be located so as to be visible
from public roads or adjoining residential properties. The applicant
shall erect and maintain a fence that is eight feet high and encloses
the entire junkyard. Where a junkyard is or would be visible from
a public highway or from neighboring properties, the fence should
be made of wood or other materials sufficient to screen the junkyard
from view of roadways or neighboring properties. Where the topography,
natural growth of timber, or other considerations accomplish the purposes
of this section, in whole or in part, the fencing requirements hereunder
may be reduced by the Planning Board, upon granting the permit; provided,
however, that such natural barrier conforms to the purposes of this
chapter.
(3)
No junk or junk cars shall be stored or placed within:
(a)
Three hundred feet of any public park, church, educational facility,
nursing home, public building, or other place of public gathering;
(b)
Three hundred feet of any stream, lake, pond, wetland, or other
body of water;
(c)
One hundred feet of any well used as a drinking water source;
(d)
One hundred feet of the right-of-way of any state, county, or
Town road; or
(e)
Fifteen feet of any fence or screening.
(4)
Draining oil, gas and antifreeze. All junk motor vehicles shall be
drained of oil, gas, and antifreeze and these materials disposed of
properly in a hazardous waste facility, or recycled. Disposal of oil,
gas, and antifreeze from junk cars shall be prohibited in any junkyard.
(5)
Screening. Where a junkyard is or would be visible from a public
highway or from neighboring properties, an eight-foot high opaque
fence shall be provided to totally screen the junkyard from view.
As an alternative, the Town Board may permit screening of the junkyard
by adequate planting of evergreen trees or shrubs. The Planning Board
may waive the requirement of screening where the site cannot be effectively
screened due to topography, or where the existing topography of the
site would effectively screen junk storage areas.
(6)
Burning. No materials shall be burned in a junkyard except in compliance
with the New York State Outdoor Burning Law (see 6 NYCRR Part 215).
Inside, adjacent to and continuous with the fence or enclosure, there
shall be one strip of land at least three feet in width which shall
be kept free of all dry grass, junk, plant growth, or other combustible
material so as to provide a fire lane or break around the entire area
where business activity is conducted.
(7)
Burying. No junkyard or junk car items shall be buried in a junkyard
except in compliance with the New York State Solid Waste Disposal
Law (see 6 NYCRR Part 360).
(8)
Lighting. Exterior lighting proposed for the site shall be planned,
erected, and maintained in such a manner that it will not cast direct
light or glare upon adjacent properties, or upon any public right-of-way.
No light source shall be higher than 20 feet.
(9)
The Planning Board shall specify in the junkyard approvals which
types of junk may be stored or deposited in the junk storage area.
No items shall be stored in any junk storage area other than those
items specified on a junkyard permit approved by the governing board
pursuant to this chapter.
A.
In its review, the Planning Board may consult with the Town Engineer
and other Town and County officials and board, as well as with representatives
of federal and state agencies, including the Soil and Water Conservation
District, the United States Army Corps of Engineers or the New York
State Department of Environmental Conservation.
B.
A special use permit shall become void one year after approval unless
construction has begun within such time or, 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, the permit is extended
for a period of no more than one year.
C.
The Planning Board, on its own motion, may revoke any special use
permit for noncompliance with conditions set forth in the granting
of said permit after first holding a public hearing and giving notice
of such hearing. The foregoing shall not be the exclusive remedy,
and it shall be unlawful and punishable hereunder for any person to
violate any condition imposed by a special use permit.
The Planning Board shall review and act on all special permit
uses in accordance with the procedure specified herein.
A.
Application and fee. Thirteen copies shall be submitted to the Planning
Board at least 10 days prior to the meeting in writing, on forms prescribed
by the Board, and shall be accompanied by the following:
B.
Public notice and hearing. The Planning Board shall conduct a public
hearing and fix a time and place for a public hearing on any such
special permit application within 62 days from the day an application
is received on any matter referred to it under this section. A legal
notice of the public hearing shall be published in the official newspaper
of the Town at least five days prior to the public hearing. The Planning
Board shall also provide notice and execute required the referral
pursuant to New York General Municipal Law § 239-m as follows:[1]
[1]
Editor's Note: So in original.
C.
County referral. No action shall be taken by the Planning Board until
an advisory recommendation has been received from said County Planning
Board or 30 calendar days have elapsed since the Planning Board received
such full statement. Notice to applicant and county Planning Board
shall be made at least 10 days before such hearing.
(1)
Actions which shall be referred to the county include those which
affect property located within 500 feet of the following:
(a)
Municipal boundary.
(b)
Boundary of any existing or proposed county or state park or
other recreation area.
(c)
Right-of-way of any existing or proposed county or state road
or highway.
(d)
Existing or proposed right-of-way of any stream or drainage
channel owned by the county or for which the county has established
channel lines.
(e)
Existing or proposed boundary or any county- or state-owned
land on which a public building or institution is situated.
D.
Decisions. Every decision of the Planning Board with respect to a
special use permit application shall be made by resolution within
62 days within 62 days of the public hearing and such resolution shall
clearly state the decision and any conditions attached thereto. Each
such decision shall be filed in the office of the Town Clerk within
10 calendar days thereof and a copy thereof mailed to the applicant.
In rendering its decision, the Board shall approve, disapprove or
approve with modifications and conditions the special use permit application.
The time within which the Board must render its decision may be extended
by mutual consent of the applicant and the Board. The decision of
the Board shall be filed in the office of the Town Clerk within five
business days of the date such decision is rendered and a copy thereof
shall be mailed to the applicant.
E.
Compliance with SEQRA. The Planning Board shall comply with the provisions
of the state environmental quality review act under Article 8 of the
Environmental Conservation Law and its implementing regulations.
F.
Compliance with Agriculture and Markets Law Article 25-AA, § 305-a.
(1)
Agricultural data statement; submission, evaluation. Any application
for a special use permit that would occur on property within an agricultural
district containing a farm operation or on property with boundaries
within 500 feet of a farm operation located in an agricultural district
shall include an agricultural data statement supplied by the applicant.
The Planning Board shall evaluate and consider the agricultural data
statement in its review of the possible impacts of the proposed project
upon the functioning of farm operations within such agricultural district.
The applicant is responsible for submitting this data.
(2)
Agricultural data statement; notice provision. Upon the receipt of
such application by the Planning Board, the Clerk of such board shall
mail written notice of such application to the owners of land as identified
by the applicant in the agricultural data statement. Such notice shall
include a description of the proposed project and its location, and
may be sent in conjunction with any other notice required by state
or local law, ordinance, rule or regulation for the said project.
The cost of mailing said notice shall be borne by the applicant and
any information needed for such statement shall be provided by the
applicant.
(3)
Agricultural data statement; content. An agricultural data statement
shall include the following information: the name and address of the
applicant; a description of the proposed project and its location;
the name and address of any owner of land within the agricultural
district, which land contains farm operations and is located within
500 feet of the boundary of the property upon which the project is
proposed; and a Tax Map or other map showing the site of the proposed
project relative to the location of farm operations identified in
the agricultural data statement.
(4)
The Planning Board shall consider the following when reviewing any
special use permit application within an Agricultural District:
(a)
Any potential for conflict with agricultural uses within the
district.
(b)
Compatibility of the project with existing or permitted uses
on adjacent lands.
(c)
The agricultural productivity of the lands or soils involved.
(d)
The need to minimize the amount of agricultural soils converted
to nonagricultural use.
(e)
The availability of adequate soils for septic tanks and leach
fields.
(f)
The effect of the proposed use on water, air, or soil resources,
and on rare or irreplaceable natural resources.
A.
No building permit shall be issued for any structure regulated by
this section until such special use permit has received Planning Board
approval and a copy of a resolution to that effect has been presented
to the Code Enforcement Officer.
B.
No certificate of occupancy shall be issued for any structure or
use of land covered by this section until the structure is completed
or the land developed in strict accordance with the Planning Board
resolution of special permit approval and applicable requirements
of this chapter.
C.
Any use for which a special permit may be granted shall be deemed
a conforming use in the district in which it is located, provided
that such permit shall be deemed to affect only the lot or portion
thereof for which such permit has been granted.
D.
The Planning Board may require in its resolution of approval that
a special use permit be renewed periodically. Such renewal may be
withheld only after public hearing and upon specific determination
by the Planning Board that such conditions as may have been prescribed
in conjunction with the issuance of the original permit have not been
or are no longer being complied with. In such cases, a period of 60
days shall be granted for full compliance by the applicant prior to
revocation of the special use permit.
E.
The granting of a special use permit in the FF-O (Flood-Fringe Overlay)
District shall not be held to constitute a representation, guaranty
or warranty of any kind by the Town of Stockport or by any official
or employee thereof regarding the practicability or safety of any
structure or use or the proper functioning of the proposed facilities
and plans and shall not be held to create a liability upon or cause
of action against such public body, official or employee for any damage
that may result pursuant to such development or use.
A special use permit shall be deemed to authorize only one particular
special use and shall expire if the special use permit activity is
not commenced and diligently pursued within one year of the date of
issuance of the special use permit or if the special use ceases for
more than one calendar year for any reason.
Any person or persons jointly or severally aggrieved by any
decision of the Planning Board on a special use permit application
may apply to the Supreme Court of the State of New York for relief
through a proceeding under Article 78 of the Civil Practice Law and
Rules of the State of New York. Such proceeding shall be governed
by the specific provisions of Article 78, except that the action must
be initiated, as therein provided, within 30 days after the filing
of the Board's decision in the office of the Town Clerk. Costs
shall not be allowed against the Planning Board unless it shall appear
to the court that it acted with gross negligence, in bad faith, or
with malice in making the decision appealed from.
