A.
General provisions. The special uses for which conformance to additional
standards is required by this chapter shall be deemed to be permitted
uses in their respective districts, subject to the satisfaction of
the requirements and standards set forth herein, in addition to all
other requirements of this chapter. All such uses are declared to
possess characteristics of such unique and special forms that each
specific use shall be considered as an individual case.
B.
Required map and plans. An area map, showing the location of the
property or sign with respect to surrounding property, street and
other important features, and a plan for the proposed development
of a site for a permitted special use shall be submitted with an application
for a special permit. The plan shall show the location of all buildings,
parking areas, traffic access and circulation drives, open spaces,
landscaping, topography, special features and any other pertinent
information, including such information about neighboring properties
as may be necessary to determine and provide for the enforcement of
this chapter.
C.
Application for special use permit. Application for required special
use permits shall be filed with the Building Inspector/Code Enforcement
Officer, who shall forward the application to the Planning Board for
decision.
D.
Application fee. A nonrefundable fee as set by the Village of Coxsackie Fee Schedule to cover the cost of processing special use permits and applications therefor shall accompany any application for a special use permit and shall be in addition to the building permit fee as prescribed in § 155-98.
E.
Expiration of special permits. A special permit shall be deemed to
authorize only one particular special use, and such permit shall be
considered null and void if, within one year from the date of issue,
all improvements required for the special use are not completed and
if the special use shall cease for more than one year for any reason,
unless otherwise provided in the Planning Board's approval of said
use.
F.
Revocation of special permits. A use authorized by special permit
may be revoked by the Planning Board if it is found and determined
that there has been a failure of compliance with any one of the terms,
conditions, limitations and requirements imposed by said permit.
G.
Conditions and safeguards. The Planning Board shall attach such conditions
and safeguards to the special permit as are necessary to assure continual
conformance to all applicable standards and requirements.
H.
Decisions of the Planning Board shall be in writing and shall specify
the particular conditions for such approval or the grounds for denial.
I.
The Planning Board shall hold a public hearing on special use permit
applications within 45 days of the filing of a complete and proper
application.
(1)
The Village Clerk shall publish notice of said public hearing in
the Village's official newspaper at least five days before such public
hearing.
(2)
The applicant for the special use is responsible for mailing notices
of the public hearing to interested landowners of the affected property
so that the notice is received at least 10 days prior to the public
hearing. "Interested landowners" are those persons who own properties
located within 500 feet of the affected property and all adjoining
property owners. Notices must be sent return receipt, and the green
return cards must be filed with the Planning Board prior to the public
hearing.
[Amended 3-14-2016 by L.L. No. 1-2016]
(3)
Pursuant to General Municipal Law § 239-nn, if a variance
application concerns property within 500 feet of the Village's municipal
boundaries, a copy of the public hearing notice shall be provided
to the Clerk of the adjoining municipality.
J.
The Planning Board must render its decision within 45 days of the
hearing. This period may be extended by mutual consent of the applicant
and the Planning Board.
K.
Standards applicable to all special permit uses. Standards for all
special use permits shall be as follows. Additional criteria for special
uses are cited below:
(1)
The accessibility of the use to fire, police and other types of emergency
vehicles shall be considered.
(2)
The location, size and character of the special use must be in harmony
with the orderly development of the zoning district and must not be
determined to be detrimental to the orderly development of adjacent
properties.
(3)
Safe, convenient and adequate vehicular and pedestrian access to
and from the use through the provision of adequate but not excessive
points of ingress and egress which are of sufficient width, properly
graded and aligned, provide clear visibility and are not located too
near street corners or places of public assembly.
(4)
Adequate off-street parking and loading areas which are properly
located on the lot so as to provide safe and convenient circulation.
(5)
Locations and heights of buildings shall be such that the special
use will not hinder or discourage the appropriate development and
use of adjacent land and buildings.
(6)
Landscaping and screening of parking, loading and service areas so
that such areas are screened all seasons of the year from the view
of adjacent lots and streets.
(7)
Adequacy of stormwater management plans and drainage facilities shall
be considered.
(8)
There will be no emission of noxious odors, gases or smoke.
The following standards are applicable to bed-and-breakfast
establishments:
A.
The owner or owners of the bed-and-breakfast must reside in and continue
to reside in the dwelling as his/her/their principal residence. The
owner will provide a sworn statement certifying to such residency
upon request of the Planning Board.
B.
The number of guest rooms for transient accommodation shall not exceed
four.
C.
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 when the facility is established in a residential
district; however, fire escapes, handicapped entrances and other features
may be added to protect public safety.
D.
Breakfast shall be served on the premises only for guests and employees
of the bed-and-breakfast. Guest rooms may not be equipped with cooking
facilities. No other meals shall be provided on the premises.
E.
No more than one person who is not a principal resident of the dwelling
shall be an employee at the dwelling site at any one time.
F.
One sign of professional quality is allowed on the property, with
up to eight square feet per sign face, and may be attached to the
exterior or placed in the window of the residence or accessory structure;
or placed within the front yard setback, mounted on an architectural
post not to exceed four feet in height; or a monument sign not to
exceed four feet above grade in the front setback. No sign shall interfere
with vision clearance on adjoining public rights-of-way.
G.
No more than an average of two business-related deliveries per day
is allowed. Such deliveries shall not restrict pedestrian or vehicular
circulation on adjoining public streets and sidewalks.
A.
Purpose. Due to potential impacts on traffic volume, vehicular and
pedestrian circulation and the environment, the following additional
standards are required for the permitting of drive-through windows.
B.
Site location criteria. The site of the drive-through window shall
meet the following criteria:
(1)
The use will not substantially increase traffic on streets in a residentially
zoned district;
(2)
The use will not substantially lessen the usability of adjacent or
nearby commercially zoned property or commercial use by interfering
with pedestrian traffic;
(3)
The site will be adequate in size and shape to accommodate said use
and to accommodate all yards, parking, landscaping and other required
improvements;
(4)
The use will not substantially lessen the usability and suitability
of adjacent or nearby residential zoned property for residential use.
C.
General design standards. All the following must be provided for
the primary use to be granted a building permit for a drive-through
window:
(1)
Lighting. All lighting on the exterior of the building shall be of
an indirect nature, emanating only from fixtures located under canopies
or hoods, under eaves of buildings and at ground level in the landscaping.
Freestanding pole lights shall not exceed a maximum height of 14 feet
and shall be so arranged and shielded that there shall be no glare
or reflection onto adjacent properties or public rights-of-way.
(2)
Signs should be placed and waiting lanes should be designed so that
waiting cars do not block sidewalks or public streets.
(3)
Landscaping, waiting-lane devices and overall design should not prevent
vehicles from safely and efficiently leaving waiting lanes.
(4)
Traffic circulation.
(a)
A traffic study addressing both on-site and off-site traffic
and circulation impacts is required.
(b)
Sites located adjacent to an alley must incorporate the use
of the alley as the drive-through lane entrance unless it can be demonstrated
that such a configuration would either hinder pedestrian or vehicular
circulation off site.
(c)
Pedestrians must be able to enter the establishment from the
parking lot or sidewalk without crossing the waiting or exit lines.
(d)
Waiting lanes shall be designed for the maximum length possible.
At a minimum, waiting lanes should accommodate average peak monthly
traffic flow, allowing 23 feet per vehicle. Applicants must provide
data about the peak flows of the business to determine the minimum
waiting needed.
(e)
The waiting lane shall be independent of any on-site parking,
parking maneuvering areas, public streets, alley or traffic ways serving
other on- and/or off-site uses.
(5)
Site plan requirements. In addition to the general requirements for
site plan review, drive-up window site plans must also include the
following features:
A.
Purpose. The intent of regulations governing home occupations is
to protect the character of the surrounding neighborhood, particularly
adjacent residential uses, from intrusions and nuisances created by
operating businesses in a residential area, while recognizing the
needs of certain residents and community benefits of allowing certain
types of work in the home. The regulations ensure that the home occupation
remains subordinate to the residential use and that the residential
viability of the dwelling is maintained. The regulations recognize
that many types of jobs can be done in a home with little or no effects
on the surrounding neighborhood.
B.
Operational regulations.
(1)
Hours. It is suggested customers may visit the site only during the
hours of 8:00 a.m. to 6:00 p.m. However, the Planning Board shall
determine and may alter the hours of operations after thorough review
of the application.
(2)
Nonresident employees. No nonresident employees are permitted.
(3)
Customers. Only five customers or clients may visit the site in a
day.
(4)
Retail sales. Retail sales of goods must be entirely accessory to
any services provided on the site.
(5)
Traffic. The business shall not generate traffic in any greater volume
than would normally be expected in a residential neighborhood.
(6)
Number of home occupations. More than one home occupation per dwelling
unit will require review and approval by the Village Planning Board.
C.
Site-related standards.
(1)
Spatial limitations. The home business shall not utilize more than
25% of the gross floor area of the dwelling unit, if located therein,
or, alternatively, be in excess of 400 square feet in any accessory
building, if located therein.
(2)
Outdoor activities. All activities must be in completely enclosed
structures. Exterior storage or display of goods or equipment is prohibited.
(3)
Appearance of structure and site. The dwelling and site must remain
residential in appearance and characteristics. Internal or external
changes which will make the dwelling appear less residential in nature
or function are prohibited. Examples of such prohibited alterations
include construction of parking lots, paving of required setbacks
or adding commercial-like exterior lighting.
D.
Environmental performance. The home occupation shall produce no noise,
vibrations, glare, objectionable fumes or electrical interference
detectable to normal sensory perception on adjacent lots.
E.
No dwelling unit shall include more than one home business, and such
use shall be clearly incidental and secondary to the use of the dwelling
unit for residential purposes.
A.
The proposed use and the nature of the activity will be compatible
with existing adjoining uses or unimproved lands.
B.
The location and situation of all structures shall be satisfactory
to the Planning Board relative to the visual character and travel
safety along the roadway on which the facility fronts.
C.
Ingress and egress shall be so designed as to minimize traffic congestion
and hazards, and, for this purpose, the number and location of driveways
shall be subject to the explicit approval of the Planning Board.
D.
The individual parking, storage, landscaping, signing, screening and other needs of the proposed use shall be provided in a manner satisfactory to the Planning Board. Specifically, the location and extent of exterior storage of vehicles, equipment and materials shall be designated on the application. Screen planting, landscaping or other site improvements, as may be required by § 155-48 to protect the visual character of the area, shall be instituted in accord with the direction of the Planning Board.
A.
Minimum site area shall be 10 acres.
B.
The extractive operation or soil mining activity shall be restricted
to the removal of shale, gravel, rock and sand mining. No stone crushing
or the mixing of stone and gravel with asphaltic oils or other binders
shall be authorized.
C.
All applicable provisions of the New York State Mined Land Reclamation
Law[1] and other state and federal regulations, including OSHA
requirements, shall be fully complied with. Any and all permits issued
by New York State Mined Land Reclamation and other agencies involved
need to be provided to the Planning Board for inclusion in the permit
process.
[1]
Editor's Note: See Environmental Conservation Law § 23-2701
et seq.
D.
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.
E.
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. The operations plan shall minimally
observe the following standards:
(1)
The number of trucks to be entering and leaving the mine area and
the proposed routes for evaluation of the impact on local roads.
(2)
No excavation shall be nearer than 100 feet from any property line
or street, nor shall the excavation be nearer than 300 feet to any
existing residence.
(3)
Blasting must conform to Occupational Safety and Health Administration
(OSHA) regulations.
(4)
Stockpiling of materials shall be located at least 100 feet back
from a public road or other property line.
(5)
No power-activated sorting machinery shall be located within 200
feet of any public road or other property line, nor within 600 feet
from a residence, and all such machinery shall be equipped with satisfactory
dust elimination and noise abatement devices.
F.
All excavation slopes in excess of 50% shall be adequately fenced,
unless determined unnecessary by the Building Inspector/Code Enforcement
Officer due to the remoteness of the mining site.
G.
A progressive restoration and rehabilitation plan showing both existing
contours and proposed final contour after operations are completed
is submitted for approval. The rehabilitation plan shall be completed
within six calendar months after termination of the extractive operation
or other soil mining activity, and shall include, but not be limited
to, restoration of the premises by grading, seeding, liming, fertilizing,
sodding, etc., so that the premises are left in a safe and attractive
condition commensurate with the surrounding landscape. Insofar as
it is practical, the plan will provide for the return of the premises
to slopes of less than one vertical foot per three horizontal feet
and to eliminate gullies and holes. Ponds created during operations
shall not become public nuisances dangerous to the general health,
safety and welfare of the general public. Insofar as is possible,
operations will not be permuted to significantly disturb the natural
drainage pattern of the area; however, if such does occur, the plan
of reclamation shall provide for the restoration of the natural drainage
pattern of the area.
H.
A performance guarantee (performance bond or escrow deposit) to assure
rehabilitation is provided, upon recommendation of the Planning Board
and Village Engineer, in an amount and form satisfactory to the Village
Board and the Village Attorney.
I.
Any special use permit issued under this chapter shall be limited
to a period of three years and to a mining area of seven acres, not
more than five acres of which shall be disturbed, i.e., the active
mining site or area awaiting rehabilitation, at any one time.
A.
No building, parking or service area shall be closer than 100 feet
to any existing residential use.
B.
The minimum distance between pump islands and between the building
and any pump islands shall be 20 feet.
C.
No waste water, oil, toxic or inflammable materials shall pollute,
or create hazardous or unsightly conditions.
D.
Ingress and egress shall be so designed as to minimize traffic congestion,
and, for this purpose, the number and location of driveways shall
be subject to the explicit approval of the Planning Board.
E.
Any car wash shall provide a minimum of four stacking spaces per
bay on the lot.
F.
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 of any repair shop must
be kept closed at all times).
A.
Use of professional offices shall be restricted to the practice of
a profession by a physician, dentist, psychiatrist, lawyer, engineer
accountant, insurance agent, real estate broker, teacher or member
of a similar profession; provided, however, that there shall be no
overnight boarding of patients or clients associated with such professional
office use.
B.
Professional offices may have up to two professionals and one additional staff person per professional on the premises at any one time if off-street parking is provided in compliance with Subsection E of this section. If the applicant is unable to provide off-street parking in compliance Subsection E, then the Planning Board may limit the number of employees permitted to work in a professional office.
C.
The floor area in professional office use of the building or buildings
on any lot shall not exceed 50% of the gross floor area of the building;
provided, however, that in no case shall the floor area in a professional
office use exceed 2,000 square feet on any one lot. The professional
office use shall be on the ground floor only.
D.
Suggested hours of operation for the professional office use shall
be from 8:00 a.m. to 5:00 p.m., Monday through Friday. However, the
Planning Board shall determine and may alter the hours of operation
after through review of the application.
E.
Off-street parking.
(1)
Provision of off-street parking. Each new professional office shall provide off-street parking in compliance with the following standards and designed in compliance with Article V, Off-street parking and Loading, except as hereinafter provided. The provision of off-street parking in compliance with the following regulations shall be deemed adequate parking for a professional office:
(a)
Parking for professionals and employees. There shall be one space for each employee based upon the maximum number on site at any one time, up to a maximum of four spaces of off-street parking for employees and professionals in addition to parking required by Subsection E(1)(b) below.
(b)
Parking spaces for clients.
|
Spaces
|
Number of Clients
(per day)
| |
|---|---|---|
|
1
|
1 to 16
| |
|
2
|
17 to 24
| |
|
3
|
25 to 32
|
(2)
No off-street parking area accessory to a professional office shall
be located in the front yard of any lot. The Planning Board shall
review the parking design to ensure that the nature of its use and
layout will minimize potential adverse impacts on neighboring residential
properties. All off-street parking shall provide a four-foot buffer
which is landscaped and screened in a manner which largely obscures
the parking from neighboring residential properties. No parking area
shall be established closer than four feet to any lot line.
F.
The professional office use of existing residential buildings shall
not involve external alterations which would cause the premises to
differ from its residential character either by use of color, materials,
construction or lighting.
G.
The following information shall be submitted to the Planning Board as part of the site plan review, Article X:
(1)
Certify, in writing, the present square footage utilized for the
office.
(2)
Certify, in writing, the present maximum numbers of professionals
and employees on site at any one time and the maximum number of client
visits per day.
(3)
Provide a plot plan drawn to scale showing existing off-street parking
and landscaping which screens the lot from abutting residential uses
and the building location on the lot.
(4)
Certify through submission of a lease/rental agreement that the above
requirements will be met.
A.
No building, parking or service area shall be closer than 100 feet
to any existing residential use in a residential district other than
one on the premises.
B.
Such use shall be adequately fenced and/or screened from any adjacent
residential property, and lighting shall be directed away from adjacent
property and the road.
C.
The location and situation of all structures shall be satisfactory
to the Planning Board relative to the visual character and travel
safety along the roadway on which such facility fronts.
D.
Ingress and egress shall be so designed as to minimize traffic congestion,
and, for this purpose, the number and location of driveways shall
be subject to the explicit approval of the Planning Board.
A.
Such facility shall not be located on a residential roadway, unless
no other site is available, and shall be so located as to necessitate
minimal travel of service vehicles over residential roadways.
B.
The location, design and operation of such facility shall not adversely
affect the character of the surrounding area.
A.
No building, parking or service area shall be closer than 100 feet
to any existing residential use in a residential district other than
one on the premises.
B.
Such use shall be adequately fenced and/or screened from any adjacent
residential property, and lighting shall be directed away from adjacent
property and the road.
C.
The location and situation of all structures shall be satisfactory
to the Planning Board relative to the visual character and travel
safety along the roadway on which such facility fronts.
D.
Ingress and egress shall be so designed as to minimize traffic congestion,
and, for this purpose, the number and location of driveways shall
be subject to the explicit approval of the Planning Board.
A.
The minimum lot area shall be 15 acres.
B.
All elements of the sawmill, including storage area for logs and
sawn lumber; bark, sawdust and other waste materials; buildings; and
equipment areas shall be screened by existing landform and/or vegetation
from the direct view of abutting residential properties and public
roadways.
C.
All buildings or other structures and all equipment or storage areas
associated with the sawmill shall be located not less than 100 feet
from any property line, nor less than 300 feet from any neighboring
dwelling.
D.
No storage area for logs, sawn lumber or waste materials shall be
located within 100 feet of any stream, other water body or well providing
a source of potable water.
A.
No self-service storage structures shall be located within 100 feet
of a lot line of any residentially zoned or developed property.
B.
No individual storage compartments shall exceed 8,000 cubic feet.
C.
Landscaping shall meet the standards of § 155-48 and must be provided along all lot lines in a manner which will largely obscure the use and its operation when viewed from ground level.
D.
All lighting shall be directed toward and illuminate the site only
and shall not intrude on any residentially zoned or developed property.
E.
On-site parking shall comply with all parking design requirements of Article V, Off-Street Parking and Loading, and shall provide one space of parking per employee and one space per 20,000 square feet of gross building area.
F.
Circulation drives and aisles shall be a minimum of 24 feet in width,
and all corners shall provide a thirty-foot turning radius to provide
adequate access for fire-fighting vehicles.
A.
Adequate provision for the storage and removal of all animal wastes
shall be made. In particular, no manure storage area shall be located
within 300 feet of any residence or street right-of-way.
C.
Any fencing or exercise area or like ancillary facility shall be
subject to the review and approval of the Planning Board.
A traffic study addressing both on-site and off-site traffic
and circulation impacts is required.
