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.
D. 
Uses of land listed as special uses in the Schedules A and B[2] shall be allowed upon issuance of a special use permit by the Planning Board, provided that the use is in full compliance with this chapter.
[2]
Editor's Note: Schedules A and B are included at the end of this chapter.
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) 
Design and placement of signs to ensure that they facilitate the safe and smooth flow of traffic.
(b) 
Details of pedestrian and vehicular circulation.
(c) 
Details of waiting lanes, including location and design of curbs, gates, bollards and chains, pavement markings and similar devices.
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.
E. 
Meet the performance standards in § 201-34.
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.
C. 
Adequate fences, barriers and other safety devices shall be provided, and the facility shall be screen-planted and landscaped in accordance with the provision of § 201-52.
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.
E. 
Adequate screening, landscaping, and fencing may be required in accordance with §§ 201-52 and 201-30.
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.
C. 
Adequate screening, landscaping, and fencing may be required in accordance with §§ 201-52 and 201-30.
D. 
Any fencing or exercise area or like ancillary facility shall be subject to the review and approval of the Planning Board.
[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.