A.
Applications for required special use permits shall be filed with
the Planning Board for decision.
B.
A full description and a site plan for the proposed development of
a special use shall be submitted with the application for a special
use permit. The site plan shall show the location of all buildings,
parking areas, traffic access and circular drives, open spaces, landscaping,
topography, special features and any other pertinent information,
including a list of all property owners located within 500 feet of
the special use area and all adjoining property owners and such information
about neighboring properties as may be necessary to determine and
provide for the enforcement of this chapter.
C.
A nonrefundable fee as set by the Town of Coxsackie Fee Schedule[1] shall cover the cost of processing special use permits and applications thereof shall accompany any application for a special use permit and shall be in addition to the land use permit fee as described in § 201-103 of this chapter.
[1]
Editor's Note: The Fee Schedule is on file in office of the
Building Inspector/Code Officer.
E.
A special use permit shall be deemed to authorize only one particular
special use, and such permit shall be considered null and void if,
within one year or such period shorter or longer as the Planning Board
deems necessary from the date of issue, all improvements required
for this 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 to said use.
F.
The Planning Board shall attach such conditions, limitations and
safeguards to the special use permit as are necessary to assure continual
conformance to all applicable standards and requirements.
G.
A use authorized by special use 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.
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. Notice of said public hearing shall be published in the
Town's official newspaper by the Town Clerk at least five days before
such public hearing. The applicant for the special use shall send
written notice of the proposed special use by regular mail to each
property owner located within 500 feet of the special use area and
all adjoining property owners.
(1)
Pursuant to General Municipal Law § 239-nn, if a special
permit application concerns property within 500 feet of the Town'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.
A.
Standards for all special use permits shall be as follows. Additional
criteria for certain 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)
Any special use proposed to be located in any part of the Town which
comprises a watershed of a community water supply that is licensed
by the New York State Department of Health must document in a clear
and convincing manner to the approval of both the Planning Board and
the Town Board that the special use will have no negative impact whatsoever
on said community water supply.
(8)
Adequacy of stormwater management plans and drainage facilities shall
be considered.
(9)
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.
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.
C.
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.
D.
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.
E.
One professional-quality sign is allowed on the property with up
to 16 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.
F.
No more than an average of two business-related deliveries per day
are 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.
The use shall not interfere or conflict with the character of the
immediate neighborhood nor with the peaceful enjoyment of neighboring
uses.
B.
The amount of land and building area shall be appropriate to the
nature and scale of the proposed use.
C.
Adequate screening, landscaping, and fencing may be required in accordance
with §§ 201-52 and 201-30.
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. Recommended hours for customer visits are between 7:00 a.m.
and 6:00 p.m. but may be extended by approval of the Planning Board.
(2)
Nonresident employees. No nonresident employees are permitted.
(3)
Customers. Limitations on the number of customers or clients that
may visit the site in a day will be determined by the Planning Board.
(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 requires approval of the 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 of any accessory
building if located therein.
(2)
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.
(3)
Environmental performance. The home occupation shall produce no noise,
vibrations, glare, objectionable fumes or electrical interference
detectable to normal sensory perception on adjacent lots.
D.
A home business shall not display or create outside the building
any evidence of the home occupation, except such sign as may be permitted
under the sign requirements of these regulations.
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 § 201-52 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, crushing or screening of shale, gravel, rock and sand
mining. Asphalt plants are not permitted.
C.
All applicable provisions of the New York State Mined Land Reclamation
Law[1] and other state and federal regulations shall be fully
complied with. Any and all permits issued by NYS Mine Land Reclamation
and other agencies involved needs 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 Mine Safety and Health Administration (MSHA)
regulations.
(4)
Stock piling of materials shall be located at least 100 feet back
from 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 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, 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 Town Engineer, in an amount and form satisfactory to the Town
Board and the Town Attorney.
I.
Any special use permit issued under this section 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 wastewater, 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).
G.
Adequate screening, landscaping, and fencing may be required in accordance
with §§ 201-52 and 201-30.
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.
E.
Adequate screening, landscaping, and fencing may be required in accordance
with §§ 201-52 and 201-30.
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
shall be subject to the explicit approval of the Planning Board.
A.
All elements of the sawmill, including storage area for logs and
sawn lumber: bark, sawdust end other waste materials; buildings arid
equipment areas shall be screened by existing landform and/or vegetation
from the direct view of abutting residential properties and public
roadways.
B.
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.
C.
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 § 201-52 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 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.
B.
Stables. The maximum number of horses permitted shall be limited
to the keeping of two horses per acre of lot area.
D.
Any fencing or exercise area or like ancillary facility shall be
subject to the review and approval of the Planning Board.
A.
A traffic study addressing both on-site and off-site traffic and
circulation impacts is required.
[Added 4-14-2015 by L.L.
No. 1-2015]
A.
Restaurants with banquet facilities where commercial event venues
are accessory to the restaurant shall not be subject to this regulation.
B.
No vehicles associated with the event shall be permitted to be parked
on public roadways. All vehicle parking shall be maintained "on site."
"On site" is defined as at least 100 feet from the property boundaries
of the parcel on which the event is permitted.
C.
One parking space for every four persons attending the event shall
be provided for on-site parking. The board may approve, in its discretion,
the use of off-site parking as an alternative, with transportation
to the site by attendees through a commercial transportation service.
D.
The general event area (the actual location(s) in which the gathering is to occur) shall be located 300 feet from adjacent owners' property lines. All activities associated with the use are to be included within the general event area, the only exception being the parking as allowed by Subsection B above.
E.
Sources of amplified sound, including but not limited to recorded
music, live musical performances, and spoken word, shall commence
no earlier than 12:00 p.m., shall be terminated by 10:00 p.m. Tents,
pavilions and other open/non-enclosed structures shall be considered
an acceptable location for the source of amplified sound as referenced
in this code section.
F.
Fireworks, firecrackers and/or loud reports displays are not allowed
except as permitted by an agency or department of the State of New
York.
G.
No overnight accommodations shall be provided in temporary structures
such as tents or recreational vehicles. Any venues which provide overnight
accommodations must comply with all applicable codes and laws related
to the provision of said accommodations.
H.
No alcoholic beverages are permitted to be sold. Food and alcoholic
beverage may be consumed on site.
I.
No more than 300 persons are allowed at a special event venue.
J.
Adequate sanitary restroom facilities shall be provided on site,
and the type, design and location of such facilities and the method
of sewage disposal from restroom facilities shall be subject to the
approval of the Planning Board.
K.
In each year subsequent to the special permit approval, a person
holding a special permit under this section shall submit to the Planning
Board a schedule of events for the calendar year. Said submittal shall
be made no later than April 1. At that time the permit holder shall
identify any changes that have been made to the venue site since prior
events. Material changes shall trigger the need to apply to the Town
of Coxsackie Planning Board for a modified site plan approval. At
that time the permit holder shall also pay the appropriate fee based
on the proposed schedule of events. The Planning Board shall be notified
in advance of additional events not appearing on the original schedule
of events for that year. Such submittal to the Planning Board shall
also include, for each event listed in the schedule of events, the
name and phone number of the owner or agent of the owner who shall
be on-site for said event.
L.
There shall be a fee paid at the time of the initial application, and additional fees upon Planning Board approval based upon the number of anticipated events. The amount of fees shall be established in a schedule of fees set from time to time by the Town Board, under the authority of section 201-104 herein. Not-for-profit organizations shall be exempt from fees. The gathering of the same group, or portions of the same group, on consecutive days shall constitute one event.
