The Board of Appeals shall, upon appeal, hear
and decide:
A. Any matter where the applicant alleges that the Building
Official was in error in refusing to issue a building permit or certificate
of occupancy as a result of misinterpreting the meaning, intent or
application of any section or part of this chapter.
B. Any matter where the appellant alleges that the Building
Official was in error in his determination as to the exact location
of a district boundary line on the Zoning Map that forms a part of
this chapter.
C. Any matter which the Building Official appeals on
grounds of doubt as to the meaning or intent of any provision of this
chapter or as to the location of a district boundary line on the Zoning
Map.
[Amended 6-3-1968]
The Planning Board shall have original jurisdiction
and power to grant a permit for a special exception use on a particular
site wherever it is expressly provided in this chapter that the special
exception may be granted upon application to the Planning Board without
a finding of practical difficulties or unnecessary hardship but subject
to the general provisions of this chapter and more specifically to
the guiding principles, general standards and the special conditions
and safeguards contained in this section.
A. Guiding principles.
(1) Such use shall be one which is specifically authorized
as a special exception use in the district within which the subject
site is located.
(2) Every decision by the Planning Board granting a permit for a special exception use shall clearly set forth the nature and extent of such authorized use and any special conditions or safeguards to which it shall be subject as a result of the Planning Board's findings. Violations of any such limitations or special conditions and safeguards shall be deemed a violation of this chapter, punishable under the provisions of Article
XII.
(3) A special exception use, for which a permit is granted
by the Planning Board pursuant to the provisions of this section,
shall be construed to be a conforming use.
B. General standards. For every such special exception
use, the Planning Board shall determine the following:
(1) That such use will be in harmony with and promote the general purposes and intent of this chapter as stated in §
122-1.
(2) That the plot area is sufficient, appropriate and
adequate for the use and the reasonably anticipated operation and
expansion thereof.
(3) That the proposed use will not prevent the orderly
and reasonable use of adjacent properties in adjacent use districts.
(4) That the site is particularly suitable for the location
of such use in the community.
(5) That the characteristics of the proposed use are not
such that its proposed location would be unsuitably near to a church,
school, theater, recreational area or other place of public assembly.
(6) That the proposed use, particularly in the case of
non-nuisance industry, does conform with this chapter definition of
the "special exception use" where such a definition exists or with
the generally accepted definition of such use where it does not exist
in this chapter.
(7) That access facilities are adequate for the estimated
traffic from public streets and sidewalks so as to assure the public
safety and to avoid traffic congestion, and further that vehicular
entrances and exits shall be clearly visible from the street and not
be within 75 feet of the intersection of street lines at a street
intersection except under unusual circumstances.
(8) That there are off-street parking and truck loading spaces at least in the number required by the provisions of Article
VII, but in any case an adequate number for the anticipated number of occupants, both employees and patrons or visitors, and further that the layout of the spaces and driveways is convenient and conducive to safe operation.
(9) That adequate buffer yards and screening are provided
where necessary to protect adjacent properties and land uses.
(10)
That adequate provisions will be made for the
collection and disposal of stormwater runoff from the site and of
sanitary sewage, refuse or other waste, whether liquid, solid, gaseous
or of other character.
(11)
That the proposed use recognizes and provides for the further specific conditions and safeguards required for particular uses in Subsection
C, if any.
C. Special conditions and safeguards for certain special exception uses. No authorization for a building permit shall be granted by the Planning Board for any use listed in this section, unless the Planning Board shall specifically find that, in addition to meeting all the general standards set forth in Subsection
B, the proposed special exception use also meets the special conditions and safeguards required in this section.
[Amended 2-4-1985 by L.L. No. 1-1985; 12-16-1985 by L.L. No.
20-1985; 11-3-1986 by L.L. No. 4-1986; 1-30-1996 by L.L.
No. 2-1996; 3-20-2002 by L.L. No. 2-2002; 8-6-2002 by L.L. No.
3-2002; 2-20-2007 by L.L. No. 1-2007; 1-20-2009 by L.L. No.
1-2009; 6-16-2015 by L.L. No. 1-2015; 6-7-2016 by L.L. No. 3-2016; 7-6-2021 by L.L. No. 3-2021]
BED-AND-BREAKFAST
No authorization for a building permit or certificate of
occupancy for a bed-and-breakfast within a business district shall
be granted by the Planning Board unless the Planning Board shall specifically
find that the proposed special exception use meets the following special
conditions:
(1)
The operator of the bed-and-breakfast shall be the owner of
the property and shall reside in the building to which the guest rooms
are accessory.
(2)
Bed-and-breakfasts shall be permitted in existing buildings
only.
(3)
The number of guest rooms permitted for rental shall be limited
to five.
(4)
Room rental shall be strictly for transient usage. A limit of
not more than 14 consecutive days' stay shall be permitted for each
guest.
(5)
One off-street parking space shall be provided per room available
for guest occupancy in addition to the off-street parking spaces required
for the owner's residence.
(6)
The driveway serving the bed-and-breakfast shall have direct
physical access to a public street, and full vehicular turnaround
shall be provided unless site constraints dictate that such turnaround
is not feasible, whereupon the Planning Board may waive this requirement.
(7)
The sanitary and water supply systems serving the structure
shall be found to be adequate to meet the needs of the bed-and-breakfast
use, and adequate waste enclosures shall be provided to contain the
solid waste generated by the use.
(8)
Each guest room shall be equipped with a minimum of one single-station
smoke detector and each floor must have a carbon monoxide detector.
(9)
All establishments shall comply with all building and fire prevention
codes.
(10)
Building design/signage. Any changes to the exterior appearance
of the building shall be reviewed by the Architectural and Historic
Review Board. The appearance of the bed-and-breakfast shall be compatible
and consistent with other buildings within the immediate neighborhood.
Any sign shall comply with the sign requirements for the zoning district
in which the establishment is located and shall likewise be reviewed
by the Architectural and Historic Review Board.
(11)
Walkways/lighting. Hard-surface walkways with low-level lighting
shall be provided from the parking spaces to the bed-and-breakfast
entrance.
(12)
Permitted ancillary uses. Reception/office area, conference
room and exercise/game rooms may be provided within a bed-and-breakfast
for use solely by the owner and guests renting rooms. A bed-and-breakfast
may also have a retail shop that is accessible to guests and the general
public.
(13)
Dining facilities. There shall be no individual kitchen or dining
facilities in any guest room. Food service shall be limited to breakfast
and/or brunch for guests renting rooms. Breakfast and/or brunch may,
however, be open to members of the general public within the discretion
of the Planning Board, but in no event shall the total number of persons
being served exceed 20 at any one time. Service to the members of
the general public shall be permitted between the hours of 8:00 a.m.
and 3:00 p.m. daily. The Planning Board may periodically review the
days and hours for serving members of the general public to ensure
that such operation is not adversely affecting traffic, parking, noise
or neighboring properties.
(14)
Special events. The owner of a bed-and-breakfast, at the request
of a guest renting a room, may hold a special event, such as a wedding,
birthday celebration or other similar occasion, on the premises. In
no event shall the number of attendees at such a special event exceed
40 people.
DWELLING UNITS OVER FIRST FLOOR NONRESIDENTIAL USES
(1)
Minimum floor area for dwelling units shall not be less than:
(a)
Two hundred fifty square feet for a studio or efficiency unit.
(b)
Five hundred square feet for a one-bedroom unit.
(c)
Two hundred square feet for each additional bedroom.
(2)
For purposes of Subsection
(1), "floor area" shall mean the horizontal area of the following spaces: kitchen, living rooms, bedrooms, studies, dens and family rooms together with adjoining closets and hallways.
(3)
At least two off-street parking spaces shall be provided within 500 feet of the dwelling. This requirement shall not be satisfied by utilizing a space or spaces in any municipal parking district established pursuant to §
122-30B, except as expressly provided by resolution of the Board of Trustees.
FILLING STATION
(1)
The lot area shall be not less than 20,000 square
feet and have a minimum frontage along the principal roadway of at
least 150 feet.
(2)
No church, school, library, playground or similar
place of public assembly shall be within 500 feet of the site.
(3)
All pumps, lubricating and other devices shall
be located at least 25 feet from any building, structure or street
line.
(4)
Entrance or exit driveways shall be located
at least five feet from any side or rear property lines. Such driveways
shall be so laid out as to avoid the necessity of any vehicle backing
across any right-of-way.
(5)
The area devoted to the outdoor storage of motor
vehicles or parts thereof, for purposes of dismantling, will be screened
from view of persons on adjacent streets by enclosing such areas with
an opaque fence eight feet high or locating them inside a building.
Not more than five motor vehicles shall be stored outdoors overnight.
(6)
Outdoor storage and display of accessories or
portable signs and outdoor repair work shall be prohibited at all
times. Premises shall not be used for the sale, rent or display of
automobiles, trailers, mobile homes, boats or other vehicles.
INDUSTRIAL BUSINESS PARK
(1)
No building dedicated solely to a warehouse use shall have a
footprint of more than 80,000 square feet.
(2)
No open storage is allowed. All materials for storage or sale
must be stored in completely enclosed buildings.
(3)
The facade of any warehouse with more than two loading docks
shall be set back an additional 70 feet from residentially zoned properties.
(4)
No loading shall occur from the facade of the building facing
a public street.
(5)
Building design. The Planning Board shall review the color,
materials and design of all structures, including roof pitch, as to
their conformity with surrounding structures, visibility from public
roads, scenic areas and consistency with community character. Variations
in materials, facade depths and other architectural design elements
shall be used to break up the visual mass of large buildings. All
structures on a single site should have a unified design.
(6)
Landscaping. Care shall be taken to provide an aesthetically
pleasing, well-landscaped and well-maintained facility. Parking and
loading areas and required yards shall be landscaped with a mix of
evergreen and deciduous trees, shrubs of varying sizes and vegetative
ground cover as appropriate to the site and approved by the Planning
Board.
(7)
Parking should be calculated for the full site based on the standards established in §
122-25 herein and shall be designed so that all buildings share parking. If an applicant can demonstrate that the overall parking demand is less for the full Industrial Business Park than for the sum of the individual uses based on shared parking and varying peak parking times, the Planning Board shall have the authority to reduce the parking by up to 25% of the total demand required herein.
(8)
Where an Industrial Business Park development includes research,
design and development offices, including the development of software,
bio-medical or other technology development, the allowable development
coverage may be increased to 50%.
(9)
Permitted ancillary uses may include classrooms, conference
rooms, employee break or dining areas, fitness or locker rooms and
product showrooms are allowed provided such uses are intended for
employees or their invited guests only.
INNS
(1)
The maximum allowable continuous stay by a guest
shall not exceed 14 days. No preparation of food in bedrooms or lodging
areas shall be permitted.
(2)
The inn shall be restored, rehabilitated or
reconstructed to preserve the historical integrity of the structure
of the building as far as is practicable.
(3)
A minimum of three off-street parking spaces
shall be provided, plus an additional off-street parking space for
each bedroom in the inn.
(4)
The advertising display on the structure or
building shall be limited to one plaque which will not exceed 10 square
feet in area.
(5)
Accessory uses may include a related office,
conference room for guests and retail shop space.
(6)
The inn must be located within the Village of
Montgomery Historic District.
PLANNED RESIDENTIAL DEVELOPMENT
No authorization for a building permit shall be granted by
the Planning Board unless the Planning Board shall specifically find
that the proposed special exception use is in keeping with the intent
of this provision to provide flexible planning for residential development
and to promote the Master Plan while meeting the following special
conditions:
(1)
An overall development plan shall be presented
showing the use or use proposed, including dimensions indicating the
areas set aside for each use, and the locations of all structures,
parking spaces and rights-of-way or driveways and the provision for
community sewer and water service.
(2)
The gross density in terms of dwelling units
per acre over the entire development shall not exceed the number of
units permitted under zone district regulations in effect as determined
by multiplying the acreage of each zone district in the site by the
following density factors:
District
|
Dwellings per Acre
|
---|
RA-3
|
2.9
|
R-4A
|
3.5
|
R-4
|
4.4
|
(3)
The density of the area actually set aside for
housing shall not exceed 28 dwellings per acre.
(4)
The area set aside as open space or common land
shall not be less than one acre.
(5)
The resultant open space or common land shall
be compatible with the Municipal Master Plan, particularly with respect
to such use.
(6)
Such open space or common land shall only be
owned and operated by a nonprofit corporation for recreational purposes,
including natural parkland, or offered for dedication to the municipality
for the same uses, but, in the case of a nonprofit corporation, a
preestablished offer of dedication shall be filed with the municipality
for acceptance if the nonprofit corporation were ever discontinued
or failed in providing the recreational use.
(7)
The proposed planned residential development
shall comply with all the applicable requirements of the municipality
with respect to land development.
ROADSIDE MARKETS FOR THE SALE OF FARM PRODUCTS PRODUCED ON THE
PREMISES
(1)
The roadside market shall be so located as to
provide adequate sight distance along the access roadway to permit
customers reasonable time to turn into site.
(2)
There shall be adequate off-street parking of
sufficient depth so that the entrance areas shall not be blocked.
(3)
Entrance areas shall be so graded and stabilized
as to assure convenient access to the site.
(4)
Outdoor floodlighting shall be prohibited.
(5)
Only one sign, not larger than 12 square feet
in area, shall be permitted.
SELF-SERVICE STORAGE FACILITIES
(1)
Site and design requirements:
(a)
Circulation and access. If the site is fenced,
the site access drive shall have the fence and its gate set back a
minimum of 40 feet from the access road. Internal site circulation
lanes shall be adequate in dimensional cross-section, width and turning
radii where applicable to provide for maneuverability of fire trucks.
Aisle width shall be a minimum of 23 feet for either one- or two-way
traffic.
(b)
Security. Provision shall be made for adequate site security and access control. If the facility is gated, adequate provision shall be made for access by emergency service providers when the facility is closed. If fencing is provided for access control, in no case shall barbed wire of razor wire components be incorporated into the same. Such fence shall not exceed eight feet in height. Notwithstanding the foregoing, the solid rear and/or side wall(s) of a storage building or buildings may be incorporated into a fence line for purposes of access control subject to Architectural and Historic Review Board approval of the exterior finish of the same and other elements in Subsection
(1)(c). Solid or decorative brick, stone, architectural tile, masonry or wood walls may be used for fencing and screening purposes. If provided, fences or their equivalent shall meet the minimum setback requirement for the district. The placement of or incorporation of signs or other advertising media on such fences or walls is not permitted unless expressly so approved by the Planning Board pursuant to Subsection
(1)(h).
(c)
Aesthetics, screening, landscaping and lighting.
Care shall be taken to provide an aesthetically pleasing, well-landscaped
and maintained facility and to avoid a monotonous or fortress-like
appearance to the extent that the facility may be visible off-site.
Required yards shall be landscaped with a mix of trees, shrubs of
varying sizes and vegetative ground cover as appropriate to the site
and as approved by the Planning Board. The color, material and design
of structures, including their roof pitch, and signs shall be reviewed
by the Architectural and Historic Review Board as to their conformity
with surrounding structures and community character to the degree
said structures are visible to other properties. Security lighting
shall be provided on the site, but in no case shall lighting be directed
so as to cause a nuisance or hazard to other properties.
(d)
Limits on depth and height.
[1]
Limit on building length: 220 feet.
[2]
Limit on building height: 15 feet for buildings
with flat roofs or up to 23 feet for buildings with pitched roofs.
(e)
Limits on storage and use. In no case shall self-service storage facilities permit the storage or maintenance of radioactive, toxic, explosive or controlled substances. The servicing or repair of automotive equipment, tools or machinery and the construction or fabrication of goods or materials shall not take place on the site, either inside or outside the bounds of an individual storage unit. The operation of power tools, spray equipment, compressors and other equipment shall not be permitted as an adjunct to the use or lease of any storage unit. Auctions, garage or tag sales or any other commercial or private sales shall not take place on the site by the lessees of storage units. The owners or operators of the site may conduct public or private sales on the site solely for the purposes of enforcing liens pursuant to § 182 of the Lien Law of the State of New York no more than three times per calendar year. Parking spaces required pursuant to Subsection 3 may not be rented as, nor used for, vehicular storage spaces. No additional parking spaces other than those required pursuant to Subsection
(3) of this section may be provided for the unenclosed storage of vehicles or items, including, but not limited to, automobiles, motorcycles, trucks, trailers, vans, recreational vehicles, campers, boats or water craft.
(f)
Limits on unit size. The maximum size of a storage
unit permitted in a self-service storage facility is 600 square feet.
In no case shall a single tenant be permitted to rent or lease more
than 1,800 square feet in a single self-service storage facility.
(g)
Drainage. Adequate drainage control measures
shall be provided on the site so as to avoid increasing the existing
rates of flow off the site. Provision shall be made for protecting
the quality of the surface water runoff from the site both during
the operation of the site as well as during its construction.
(h)
Signs. The provision of §
122-33 shall not apply to this use, but signs shall be permitted as follows: a ground-mounted or pole-mounted sign shall be permitted at the entry of the site. If ground-mounted, such sign shall not be located so as to interfere with the visibility of traffic entering or exiting the site. Such sign shall not be higher than 10 feet, as measured from the top of said sign, and shall not exceed 36 square feet in area. The Planning Board may, in its discretion, permit an additional identification sign or lettering to be affixed to the front facade of the accessory office building. Such sign or lettering may not exceed 36 square feet in size. In no case shall any signage or other attention-getting devices be mounted on the roofs, doors or sides of any structures on the site nor to the site fence. On-site circulation signs shall be provided as needed with the review and approval of the Planning Board.
(2)
Accessory uses. A leasing office for the purpose
of leasing the units within the self-service storage facility may
be provided on the site. A manager's apartment may be provided for
the use of a resident, on-site manager in addition to an accessory
leasing office. The combined total size of the manager's apartment
and the leasing office may not exceed 2,400 square feet nor exceed
35 feet in height. In addition, a business or professional office
unrelated to the leasing office may be established within the same
building housing the leasing office or resident, on-site manager's
apartment; provided, however, that such business or professional office
does not employ more than three individuals at any one time and provided
that said office does not exceed 600 square feet.
(3)
Parking requirements. Self-service storage facilities shall provide a minimum of one parking space per 100 storage units, in addition to one parking space per 200 square feet of gross office space for the leasing office. Such parking spaces shall be located adjacent to the leasing office. If an on-site manager's apartment is provided, two parking spaces adjacent to said apartment shall be provided for such use in addition to those required for the remainder of the facility. In addition, if a business or professional office unrelated to the leasing office is established pursuant to Subsection
(2) above, a minimum of one parking space per 200 square feet of gross office space must be provided adjacent to the leasing office.
(4)
Separation requirements. In order to avoid an
excessive concentration of such facilities in the Village of Montgomery,
self-service storage facilities must be separated from the bounds
of a lot containing any other existing such facility or approved site
for such a facility within the Village of Montgomery by 1,500 feet.
WAREHOUSE
No authorization for a building permit or certificate of
occupancy (for a proposed change in use) for a warehouse shall be
granted by the Planning Board, unless the Planning Board shall specifically
find that the proposed special exception use is in keeping with the
intent of the Comprehensive Plan while meeting the following special
conditions:
(1)
No warehouse shall be situated on a site that is less than one
acre.
(2)
No warehouse building shall be greater than 35,000 square feet
in the B-1 and I-2 Districts and no greater than 80,000 square feet
in the I-1 District.
(3)
Off-street parking and loading spaces shall be provided in accordance with §§
122-25 and
122-26 of this chapter.
(4)
Safe and adequate internal vehicular traffic circulation patterns
shall be provided on site so that trucks do not have to maneuver within
public rights-of-way and to allow access by emergency service vehicles.
(5)
No open storage is allowed. All items and materials shall be
stored completely within the confines of the warehouse building.
(6)
Permitted ancillary uses. Professional offices, classrooms,
conference rooms, employee break or dining areas and showrooms are
allowed provided such uses do not occupy more than 20% of the total
building area of the principal warehouse use.
(7)
Building design. The Planning Board shall review the color,
materials and design of all structures, including roof pitch, as to
their conformity with surrounding structures, visibility from public
roads, scenic areas, and consistency with community character. Variations
in materials, facade depths and other architectural design elements
shall be used to break up the visual mass of large buildings. Multiple
structures on a single site should have a unified design.
(8)
Landscaping. Care shall be taken to provide an aesthetically
pleasing, well-landscaped and well-maintained facility. Parking and
loading areas and required yards shall be landscaped with a mix of
evergreen and deciduous trees and shrubs of varying sizes and vegetative
ground cover as appropriate to the site and approved by the Planning
Board.
(9)
Lighting plans should be provided with the Site Plan for review
by the Planning Board. Lighting fixtures should be downcast and shielded
so there is no glare or spillover onto other properties.
(10)
Such facilities are prohibited from storing or allowing the
storage of toxic, explosive, flammable or otherwise dangerous and
noxious materials that are incompatible with the public health and
safety or that may pose a risk of groundwater or other contamination.
(11)
The facade of any warehouse with more than two loading docks
shall be set back an additional 70 feet from residentially zoned properties.
(12)
No loading shall occur from the face of a building facing a
public street.
[Added 7-6-1987 by L.L. No. 4-1987]
Notwithstanding any contrary provision in the
Village Law, Code of the Village of Montgomery or the Village of Montgomery
Subdivision Regulations, no failure of the Planning Board to render a decision
within a stated period of time shall result in an automatic approval
of a plat, site plan, special exception use or any other application.