The uses specified in this article are hereby declared to possess
unique characteristics requiring that each proposal for any such use
shall be considered by the Village Planning Board as an individual
case. Upon application, special use permits may be approved by the
Village Planning Board and zoning permits issued by the Zoning Enforcement
Officer in accordance with the administrative procedures set forth
in this chapter and only after it has found that each and all of the
following standards have been met:
A.
The proposed special use is consistent with the general intent of
the Village's Comprehensive Plan and with each of the specific purposes
set forth in this chapter.
B.
The location, size and use of the structures involved, nature and
intensity of the operations involved and size and layout of the site
in relation to the proposed special use are such that it will be compatible
with the orderly development of the zoning district.
C.
Operation of the proposed special use is no more objectionable to
the uses of nearby properties, by reason of dust or smoke emission,
noise, odors, fumes, pollution of air or water, including subsurface
waters, unsightliness or similar conditions, than would be the operation
of any permitted use.
D.
The proposed special use satisfies each and all standards and conditions
specified for such special use by the relevant provisions of this
article.
E.
The Village Planning Board may impose additional conditions or restrictions
as it may deem necessary prior to approving any special use permit
application in order to protect public health and safety, the quality
of the Village's natural resource base and the value of property.
F.
The Zoning Enforcement Officer may make periodic on-site visits to
each property authorized as a special use. The purpose of said site
visit is to insure that the use is being operated in accord with the
with the standards and conditions specified in the relevant sections
of this article and in accord with any special conditions specified
by the Village Planning Board. If the Zoning Enforcement Officer determines
that a violation of this chapter or the conditions imposed by the
Village Planning Board exists, the owner and, if applicable, the operator
of such special use shall be notified, in writing, of the violation.
If such violation continues to exist 15 days following such notification,
or if three violations occur within a consecutive twelve-month period,
the certificate of compliance and/or certificate of occupancy shall
be null and void. A new special use permit application shall be required
to be submitted and approved prior to the reestablishment of said
use.
G.
No site preparation or construction shall commence nor shall existing
structures be occupied for any special permit use until final site
plan approval has been granted by the Village Planning Board and permits
have been issued by all governmental agencies involved.
The Village Planning Board may approve special use permits for
bed-and-breakfast inns as an accessory use in the AR Agricultural-Residential,
R-1 Residential , R-2 Residential and R-3 Residential Districts, provided
the following standards and provisions are maintained:
A.
The building proposed for occupancy as a bed-and-breakfast inn shall
be a single-family dwelling with no more than five lodging rooms for
hire.
B.
The operator of the bed-and-breakfast inn shall reside in the dwelling.
C.
The dwelling shall not be altered in a manner that would cause the
premises to differ from its residential character by the use of colors,
materials, constructions or lighting, nor shall any extensions or
additions to the dwelling be made for the purpose of renting such
space for overnight lodging.
D.
Outbuildings detached from the principal dwelling shall not be used
for the lodging.
E.
A minimum of one off-street parking space shall be provided for each
rentable unit, in addition to the minimum number of parking spaces
required for a single-family dwelling. No such parking spaces shall
be located in the front yard area and each space shall be not less
than 10 feet by 20 feet in size.
F.
One unanimated, flat or window sign and one unanimated, freestanding
sign, each not to exceed four square feet per side, shall be permitted.
Illuminated signs may be permitted subject to the review and approval
of the Village Planning Board.
G.
No bed-and-breakfast inns shall be permitted in a manufactured home
or manufactured home park.
H.
No bed-and-breakfast inn shall be permitted where access is provided
by a shared driveway.
I.
Each rentable room shall be equipped with a functioning smoke detector.
J.
Each bed-and-breakfast inn shall comply with the Orleans County Sanitary
Code and the Codes of New York State.
The Village Planning Board may approve special use permits for
places of worship in the AR Agricultural-Residential, R-1 Residential,
R-2 Residential and R-3 Residential Districts, provided the following
standards and conditions are maintained:
A.
Minimum dimensional requirements in the AR Agricultural-Residential,
R-1 Residential, R-2 Residential and R-3 Residential Districts:
(2)
Minimum lot width: 150 feet.
(3)
Minimum front setback: 30 feet (from right-of-way line).
(4)
Minimum side setback: 30 feet.
(5)
Minimum rear setback: 30 feet.
(6)
Maximum roof height: 50 feet.
(7)
Maximum spire/steeple height: 150 feet.
(8)
Maximum building lot coverage: 30%.
(9)
Minimum green space: 25%.
B.
Each such use shall have only a single point of access to each public
street on which the use may have frontage.
C.
If located in the AR, R-1, R-2 or R-3 Districts, off-street parking shall be provided in accord with § 254-40 of this chapter. Said parking shall be located in the side and/or rear yard areas. Each off-street parking area shall be adequately illuminated, landscaped and screened from any adjoining residential site so as to prevent the illumination of adjoining residential properties by motor vehicle headlights utilizing the parking lot. All off-street parking shall be designed to complement the internal circulation pattern and the point or points of access to the property.
D.
If a bus is to be used as part of the operation of the special use,
a designated parking area shall be provided for the storage of said
vehicle. Such parking area shall be located behind the principal building
and screened from the view of adjoining residential uses with a wall
or densely planted shrubs of no less than six feet in height.
E.
Site lighting shall be provided as part of any special use permit.
Such lighting shall not illuminate adjoining residential sites. Site
lighting shall be restricted to providing adequate security lighting
for the property after the pubic use of the property has been concluded
for the day.
F.
All special permitted uses shall provide acceptable facilities for
the storage of trash. In no instance shall any trash be stored outside
of enclosed containers. All outdoor storage areas shall be screened
from the view of adjoining properties with a fence or shrubs.
G.
One unanimated, nonilluminated flat or window sign and one unanimated,
freestanding sign, each not to exceed four square feet per side, shall
be permitted. Illuminated signs may be permitted subject to the review
and approval of the Village Planning Board.
The Village Planning Board may approve special use permits for
libraries and museums in the R-1 Residential, R-2 Residential and
R-3 Residential Districts, provided the following standards and provisions
are maintained:
A.
Minimum dimensional requirements for libraries and museums located
in R-1 Residential, R-2 Residential and R-3 Residential Districts:
(1)
Minimum lot size: one acre.
(2)
Minimum lot width: 150 feet.
(3)
Minimum front setback: 35 feet (from right-of-way line).
(4)
Minimum side setback: 20 feet.
(5)
Minimum rear setback: 25 feet.
(6)
Maximum building height: 35 feet.
(7)
Maximum building lot coverage: 30%.
(8)
Minimum green space: 20%.
B.
If located in the R-1, R-2 R-3 Residential Districts, off-street parking shall be provided in accord with § 254-40 of this chapter. Said parking shall be located in the side and/or rear yard areas. Each off-street parking area shall be illuminated, landscaped and screened from any adjoining residential site so as to prevent the illumination of adjoining residential properties by motor vehicle headlights utilizing the parking lot. All off-street parking shall be designed to complement the internal circulation pattern and the point or points of access to the property.
C.
Access driveways shall be located no closer than 20 feet to side
lot lines.
D.
Site lighting shall be provided as part of any special use permit.
Such lighting shall not illuminate adjoining residential sites. Site
lighting shall be restricted to providing adequate security lighting
for the property after the pubic use of the property has been concluded
for the day.
E.
All special permitted uses shall provide acceptable facilities for
the storage of trash. In no instance shall any trash be stored outside
of enclosed containers. All outdoor storage areas shall be screened
from the view of adjoining properties with a fence or shrubs.
F.
One unanimated, nonilluminated flat or window sign and one unanimated,
freestanding sign, each not to exceed four square feet per side, shall
be permitted. Illuminated signs may be permitted subject to the review
and approval of the Village Planning Board.
The Village Planning Board may approve special use permits for
funeral homes in the R-1 Residential, R-2 Residential and R-3 Residential
Districts, provided the following standards and provisions are maintained:
A.
Minimum dimensional requirements:
(1)
Minimum lot size: 29,040 square feet.
(2)
Minimum lot width: 150 feet.
(3)
Minimum front setback: 30 feet.
(4)
Minimum side setback: 30 feet (from right-of-way line).
(5)
Minimum rear setback: 20 feet.
(6)
Maximum building height: 35 feet.
(7)
Maximum building lot coverage: 30%.
(8)
Minimum green space: 20%.
B.
Off-street parking for visitors and guests shall be provided in accordance with § 254-40 of this chapter. All off-street parking shall be illuminated, adequately screened from adjoining residential sites to prevent automobile headlights from shining on the adjoining residential properties. Each off-street parking area shall be designed so as to accommodate the assembly of vehicles to be used in a funeral procession. This assembly area shall be provided in addition to the required space for off-street parking. Each assembly area shall contain a minimum of 1,200 square feet. Off-street parking for employee parking shall be provided separate from the parking required for visitors and guests. The perimeter of the parking lot shall be screened in such a fashion so as to prevent automobile headlights from illuminating adjoining residential sites.
C.
Loading and unloading areas used by ambulances, hearses or other
such service vehicles shall be screened from the view of adjoining
residential uses with a wall or densely planted shrubs of no less
than six feet in height.
D.
A caretaker's residence may be provided within the main building
of the mortuary.
E.
The Village Planning Board shall determine that the street on which
the mortuary is proposed is capable of carrying the volume of traffic
likely to be generated by such proposed use. To the extent practical,
funeral homes should be located such that traffic associated with
this land use does not flow through adjacent residential neighborhoods.
F.
One unanimated, nonilluminated flat or window sign and one unanimated,
freestanding sign, each not to exceed four square feet per side, shall
be permitted. Illuminated signs may be permitted subject to the review
and approval of the Village Planning Board.
The Village Planning Board may approve special use permits for
pinball and video arcades in the CBD Central Business and the GB General
Business Districts, provided the following standards and provisions
are maintained:
A.
Minimum dimensional requirements:
(1)
Minimum lot size: none.
(2)
Minimum lot width: none.
(3)
Minimum front setback in CBD District: none.
(4)
Minimum front setback in GB District: 15 feet (from right-of-way
line).
(5)
Minimum side setback: none.
(6)
Minimum rear setback: none.
(7)
Maximum building height: 35 feet.
(8)
Maximum building lot coverage: 85%.
(9)
Minimum green space: 0%.
B.
Arcades shall not be permitted as home occupations.
C.
No one under the age of 16 shall be permitted in an arcade while
school is in session.
D.
The owner or a responsible person over the age of 18 shall be on
the premises during all hours of operation to maintain proper decorum.
The Village Planning Board may approve special use permits for
the sales or rental of motor vehicles or boats in the CBD Central
Business District, provided the following standards and provisions
are maintained:
A.
Sale or rental of such vehicles or equipment may be conducted either
in a fully enclosed building located on the same lot or in an unenclosed
area.
(1)
If sale or rental of new and/or used vehicles or boats is carried
on in an unenclosed area, the following standards shall be maintained:
(a)
Such unenclosed area used for the storage of motor vehicles
or boats or traversed by motor vehicles shall be paved, shall be suitably
drained, and shall be maintained in a neat and orderly manner.
(b)
All exterior illumination shall be approved by the Village Planning
Board and shall be shielded from the view of all surrounding properties
and streets.
(c)
No establishment for the sale of new and/or used motor vehicles
or boats shall be opened, conducted, or maintained in the CBD Central
Business District except as provided above. None of the provisions
of this section, however, shall be deemed to prohibit the continuance
of the present use of any property for such uses provided that any
such continued use shall be subject to all of the provisions of this
section. Plans for any changes required to bring about such conformance
shall be submitted to and approved by the Village Planning Board before
any such change shall be made. The Village Planning Board may approve,
modify, or disapprove such plans and may impose reasonable and appropriate
conditions to such approval so that the spirit of this chapter shall
be observed.
B.
No vehicles shall be displayed for sale or rent within 10 feet of
the front property line or within 10 feet of any side or rear property
line.
C.
No retail sale of fuels shall occur on the site at any time. Any
fuel stored on site must be stored in an underground tank or tanks.
E.
No exterior light source shall be erected in excess of 50 feet above
the ground surface, and all lighting shall be placed to eliminate
the casting of direct light or glare upon adjacent properties.
F.
Landscaped areas of at least 10 feet in width shall be provided along
property lines to lessen any visual unattractiveness.
G.
Repair of motor vehicles on site is prohibited unless the provisions found in § 254-67 of this article are complied with in full.
H.
Minimum dimensional requirements for sale of automobiles, trucks
or boats:
I.
Minimum dimensional requirements for sale of motor cycles, snowmobiles,
all-terrain vehicles:
The Village Planning Board may approve special use permits for
motor vehicle repair shops that do not sell gasoline or other fuels
in the CBD Central Business District, provided the following standards
and provisions are maintained.
A.
Minimum dimensional requirements:
B.
The entire area of the site traveled by motor vehicles shall be constructed
of concrete or asphalt.
C.
All repairs of motor vehicles, except for minor servicing, shall
be performed in a fully enclosed building. No motor vehicle parts
or partially dismantled motor vehicles shall be stored outside of
an enclosed building.
D.
Storage of junked or damaged motor vehicles or motor vehicles awaiting
repair for periods in excess of 48 hours shall be in rear yard areas
only and shall be screened from view from neighboring properties by
a fence or similar enclosure.
E.
Landscaped areas of at least 10 feet in width shall be provided along
property lines to lessen any visual unattractiveness.
F.
No commercial parking shall be allowed on the premises of a motor
vehicle service station or auto repair shop.
G.
Accessory goods for sale may be displayed on the building island
only provided the products are contained in a suitable stand or rack.
H.
No accessory building or structure, including automotive service
appliances, shall be erected within 30 feet of any street line.
I.
Motor vehicles for sale or resale may be displayed in designated
and appropriate areas in front, side and rear yards, provided said
display area does not exceed 20% of the entire area of the parcel.
J.
No motor vehicle service station or auto repair shop shall have more
than two driveways on any public street fronting the site. The driveway
width on any street shall not exceed 1/3 of the total site frontage
on each street.
K.
No driveway shall be closer than 50 feet to the intersection of two
street lines or within 10 feet of an adjacent lot line.
L.
No motor vehicle service station or auto repair shop and no driveway
to any such use shall be established within 50 feet of the boundary
line of the R-1 Residential District, or of any school, church, park,
playground, public library, or any place of public assembly designed
for occupancy by 50 persons or more, regardless of the district where
the subject premises are located. For the purposes of this section,
the distance shall be measured along the street line on the side of
the street where such use is proposed or such driveway would cross.
M.
Any fuel stored on site must be stored in an underground tank or
tanks.
The Village Planning Board may approve special use permits for
gasoline stations in the CBD Central Business and GB General Business
Districts, provided the following standards and provisions are maintained:
A.
Entrance and exit driveways shall have an unrestricted width of not
less than 25 feet and not more than 50 feet.
B.
Entrance and exit points shall be from major and secondary streets
only. No gasoline station may have more than two driveways on any
public street fronting the site. No driveway shall be closer than
50 feet to the intersection of two street lines or within 15 feet
of an adjoining property line.
C.
Gasoline pumps shall be located not less than 20 feet from the street
line and not less than 30 feet from all other property lines.
D.
No such establishment shall be located within 50 feet of a any boundary
line of a residential parcel or within 200 feet of any cemetery, school,
church, hospital, nursing home, senior citizen housing or other place
of public assembly designed for the occupancy by more than 50 persons
or within 500 feet of another gasoline station on the same side of
the street. Said distances shall be measured in a straight line between
the nearest points on each of the lots or premises.
E.
Landscaped areas of at least 10 feet in width shall be provided along
property lines to lessen any visual unattractiveness.
F.
The entire area of the site traveled by motor vehicles shall be constructed
of asphalt or concrete.
G.
All repairs of motor vehicles, except for minor servicing, shall
be performed in a fully enclosed building. No motor vehicle parts
or partially dismantled motor vehicles shall be stored outside an
enclosed building.
H.
The storage of junked or damaged motor vehicles or motor vehicles
awaiting repair for periods in excess of 48 hours shall be in rear
yard areas only and shall be screened from view from neighboring properties
by a fence or similar enclosure.
I.
No commercial parking shall be permitted on the premises.
J.
Motor vehicles for sale or resale may be displayed in areas designated
for such use in front, side and rear yards, provided said display
area or areas does not exceed 20% of the area of the entire parcel.
K.
The storage, display and sale of automotive goods and products, food,
household items and convenience merchandise shall take place entirely
within an enclosed building, except that accessory automotive goods
and products may also be displayed outside the building on the building
island and fuel pump islands, provided that they are displayed in
a suitable display stand or rack to hold the goods and products in
place.
L.
All fuel storage shall be in an underground tank or tanks.
M.
Minimum dimensional requirements:
The Village Planning Board may approve special use permits for
veterinarian offices and animal hospitals in the AR Agricultural-Residential
and the GB General Business Districts, provided the following standards
and provisions are maintained:
A.
Minimum dimensional requirements:
B.
No animal boarding structure shall be located closer than 50 feet
of any lot line. Animal boarding structures shall be screened from
the view of adjoining properties with fencing or shrubs.
C.
Off-street parking is provided on the lot sufficient to accommodate
all employees and all patient parking needs.
D.
All animal hospital facilities, kennels, exercise pens and runways
and any other facilities utilized by animals shall me maintained in
enclosed structures which shall be of soundproof constructions and
so maintained as to produce no dust, odors or noise at the property
line. All animals receiving treatment, kenneled or otherwise being
kept on the premises, shall be kept inside at all times except when
the animal is being transported to or from the premises.
E.
No deceased animal shall be cremated on the premises.
F.
No outdoor storage of feed, supplies, equipment and animal waste
shall be permitted.
The Village Planning Board may approve a special use permit
for the use of land and buildings for a telecommunication facility
in the I Industrial District, provided that the following standards
and provisions are maintained:
A.
Purpose. The purpose of these supplemental regulations is to promote
health, safety, and the general welfare of the residents of the Village
of Medina to provide standards for safe provision of telecommunications
consistent with applicable federal and state regulations; to minimize
the total number of telecommunications towers in the community by
encouraging shared use of existing and future towers, and the use
of existing tall buildings and other high structures; and to minimize
adverse visual effects from telecommunications towers by requiring
careful siting, visual impact assessment, and appropriate landscaping.
B.
General criteria. No special use permit or renewal thereof or modification
of a current special use permit relating to a telecommunications facility
shall be authorized by the Village Planning Board unless it finds
that such telecommunications facility:
(1)
Is necessary to meet current or expected demands for service;
(2)
Conforms with all applicable regulations promulgated by the Federal
Communications Commission, Federal Aviation Administration, and other
federal agencies;
(3)
Is designed and constructed in a manner which minimizes visual impact
to the extent practical;
(4)
Complies with all other requirements of this chapter, unless expressly
superseded herein;
(5)
Is the most appropriate site among those available within the technically
feasible area for the location of a telecommunications facility;
(6)
When including the construction of a tower, such tower is designed
to accommodate future shared use by at least one other telecommunication
service provider. Any subsequent location of telecommunication equipment
by other service providers on existing towers specifically designed
for shared use shall not require a new or modified special permit
if there would be no increase in the height of the tower. However,
the additional equipment will require site plan review.
C.
Co-location.
(1)
The shared use of existing telecommunications facilities or other
structures shall be preferred to the construction of new facilities.
Any special permit applications, renewal or modification thereof shall
include proof that reasonable efforts have been made to co-locate
within (share) an existing telecommunication facility or upon an existing
structure. The application shall include an adequate inventory report
specifying existing telecommunication facility sites and structures
exceeding 75% of the height of the proposed tower within the search
range of the cell grid. The inventory report shall contain an evaluation
of opportunities for shared use as an alternative to the proposed
location.
(2)
The applicant must demonstrate that the proposed telecommunication
facility cannot be accommodated on existing telecommunications facility
sites in the inventory due to one or more of the following reasons:
(a)
The planned equipment would exceed the structural capacity of
existing and approved telecommunication facilities or other structures,
considering existing and planned use for those facilities;
(b)
The planned equipment would cause radio frequency interference
with other existing or planned equipment, which cannot be reasonably
prevented;
(c)
Existing or approved telecommunications facilities or other
structures do not have space on which proposed equipment can be placed
so it can function effectively and reasonably;
(d)
Other technical reasons make it impracticable to place the equipment
proposed by the applicant on existing facilities or structures;
(e)
The property owner or owner of the existing telecommunication
facility or other structure refuses to allow such co-location.
D.
Dimensional standards.
(1)
A fall zone around any tower constructed as part of a telecommunications
facility must have a radius at least equal to the height of the tower
and any antennae attached upon its zenith. The entire fall zone may
not include public roads and must be located on property either owned
or leased by the applicant or for which the applicant has obtained
an easement, and may not contain any structure other than those associated
with the telecommunications facility. If the facility is attached
to an existing structure, relief may be granted by specific permission
of the Zoning Board of Appeals on a case-by-case basis.
(2)
All telecommunications facilities shall be located on a single parcel.
(3)
All telecommunications facilities shall comply with the setback standards
of the underlying zoning district. The size of the leased or owned
lot shall be, at a minimum, sufficiently large to include the entire
fall zone. A lot leased or owned for the purpose of construction of
a tower as part of telecommunications facility shall not result in
the creation of a nonconforming lot.
(4)
The frontage requirement of the underlying zoning district shall
not apply, provided the telecommunications facility is not proposed
on a parcel to be partitioned specifically for the facility and/or
is designed for occupancy by staff. In the absence of required frontage,
an accessway for service vehicles, either through easement, lease
or ownership, shall be in accord with Subdivision G herein.
E.
Lighting and marking.
(1)
Towers shall not be artificially lighted and marked beyond requirements
of the Federal Aviation Administration (FAA).
F.
Appearance and buffering.
(1)
The use of any portion of a telecommunications facility for signs,
promotional or advertising purposes, including, but not limited to,
company name, phone numbers, banners, streamers, and balloons is prohibited.
(2)
The facility shall have the least practical visual effect on the environment, as determined by the Village Planning Board. Any tower that is not subject to FAA marking, pursuant to Subsection E(1) and (2) herein, shall otherwise:
(a)
Have a galvanized finish, or shall be painted gray above the
surrounding tree line and gray or green below the tree line, as deemed
appropriate by the Village Planning Board; or
(b)
Be disguised or camouflaged to blend in with the surroundings,
to the extent that such alteration does not impair the ability of
the facility to perform its designed function.
(3)
Accessory structures shall maximize the use of building materials,
colors, and textures designed to blend in with the natural surroundings.
(4)
The Village Planning Board may require a State Environmental Quality
Review (SEQR) full EAF (environmental assessment form) for proposed
facilities at key viewpoints in the community. A visual environmental
assessment form (visual EAF) may be required as an addendum to either
the full or short EAF. The Village Planning Board may require submittal
of a more detailed visual analysis based on the results of the visual
EAF.
(5)
The Village Planning Board shall require that the facility have appropriate
vegetative buffering around the fences of the tower base area, accessory
structures and the anchor points of guyed towers to buffer their view
from neighboring residences, recreation areas, or public roads. Such
screening shall include the maximum feasible retention of existing
vegetation. The Village Planning Board may similarly require screening
adjacent to waterways, landmarks, refuges, community facilities, or
conservation or historic areas within common view of the public.
(6)
Equipment or vehicles not used in direct support, renovations, additions
or repair of any telecommunications facility shall not be stored or
parked on the facility site.
G.
Access and parking.
(1)
Accessways shall make maximum use of existing public or private roads
to the extent practicable. New accessways constructed solely for telecommunications
facilities must be at least 20 feet, but no more than 30 feet, wide,
and closely follow natural contours to assure minimal visual disturbance
and reduce soil erosion potential.
(2)
The road surface (driveways) shall be centered within accessways
and shall not comprise more than 60% of the width of the accessway.
(3)
Parking areas shall be sufficient to accommodate the greatest number
of service vehicles expected on the premises at any one time.
(4)
Driveways or parking areas shall provide adequate interior turnaround,
such that service vehicles will not have to back out onto a public
thoroughfare.
H.
Security.
(1)
Towers, anchor points of guyed towers, and accessory structures shall
each be surrounded by fencing at least eight feet in height, the top
foot of which may, at the discretion of the Village Planning Board
in deference to the character of the neighborhood, be comprised of
three strands of barbed wire to discourage unauthorized access to
the site.
(2)
Motion-activated or staff-activated security lighting around the
base of a tower or accessory structure entrance may be provided if
such lighting does not project off the site. Such lighting should
only occur when the area within the fenced perimeters has been entered.
(3)
There shall be no permanent climbing pegs within 15 feet off the
ground of any tower.
(4)
A locked gate at the junction of the accessway and a public thoroughfare
may be required to obstruct entry by unauthorized vehicles. Such gate
must not protrude into the public right-of-way.
I.
Engineering and maintenance.
(1)
Site plans for all telecommunications facilities must bear the seal
of a professional engineer licensed to practice in the State of New
York. Every facility shall be built, operated and maintained to acceptable
industry standards, including, but not limited to, the most recent,
applicable standards of the Institute of Electric and Electronic Engineers
(IEEE) and the American National Standards Institute (ANSI).
(2)
Every facility shall be inspected at least every second year for
structural integrity by a New York State licensed engineer. A copy
of the inspection report shall be submitted to the Zoning Enforcement
Officer.
(3)
A safety analysis by a qualified professional must accompany any
special permit or site plan application, renewal thereof or modification,
for the purpose of certifying that general public electromagnetic
radiation exposure does not exceed standards set by federal regulations.
(4)
The municipality, at the expense of the applicant, may employ its
own consulting assistance to review the findings and conclusions of
safety analysis, visual analysis, or structural inspection provided
by the applicant.
J.
Removal.
(1)
At the time of submittal of the application of a special use permit
for a telecommunications facility, the applicant shall submit an agreement
to remove all antennas, driveways, structures, buildings, equipment
sheds, lighting, utilities, fencing, gates, accessory equipment or
structures, as well as any tower(s) dedicated solely for use within
a telecommunications facility if such facility becomes technologically
obsolete or ceases to perform its originally intended function for
more than 12 consecutive months. Upon removal of said facility, the
land shall be restored to its previous condition, including, but not
limited to, the seeding of exposed soils.
(2)
At the time of obtaining a building permit, the applicant must provide
a financial security bond for removal of the telecommunications facility
and property restoration, with the municipality as the assignee, in
an amount approved by the Village Planning Board, but not less than
$100,000.
(3)
At time of renewal or modification of the special use permit, the
Village Planning Board may adjust the required amount of the financial
security bond to adequately cover increases in the cost of removal
of the telecommunications facility and property restoration.
The Village Planning Board may approve special use permits for
Class A home business as an accessory use in the AR Agricultural-Residential,
R-1 Residential, R-2 Residential and R-3 Residential Districts, provided
the following standards and provisions are maintained:
A.
Purpose. The purpose of this section is to provide opportunities
for economic advancement among the residents of the Village and to
protect the character of the residential areas of the Village. Home
businesses established pursuant to this section are expected to blend
in with the existing character of the neighborhood in which they are
located.
B.
Site plan review. Site plan review shall be required in accord with
the site plan regulations set forth in this chapter.
C.
Types of dwellings and maximum area. Home businesses shall be permitted
within single-family dwellings only. Home businesses shall not be
permitted in any two-family dwelling, multiple-family dwelling, manufactured
home park or any accessory building. No more than 25% of the gross
floor area of a dwelling may be used for the home business.
D.
Shared driveway. No home business shall be permitted where access
is provided by a shared driveway.
E.
Number of home businesses. No more than one home business shall be
permitted in any residential dwelling.
F.
Employees. No employees other than the persons who reside in the
dwelling shall be employed in the home business.
G.
Number of clients and customers. The home business shall be conducted
in such a manner that the maximum number of clients and/or customers
on the premises at any one time shall not exceed four persons.
H.
Hours of operation. The home business shall be conducted in such
a manner that all the business activities shall occur between the
hours of 8:00 a.m. and 8:00 p.m., and all clients, customers and others
coming to conduct business at the site of the home business shall
occur between the hours of 8:00 a.m. and 8:00 p.m.
I.
Deliveries and shipping. No home business shall be permitted that
requires tractor-trailer deliveries. No more than 15 pickups and/or
deliveries per week by U.S. Postal Service and commercial deliver
services shall be permitted. All pickups and deliveries shall occur
between the hours of 8:00 a.m. and 8:00 p.m.
J.
Off-street parking. Off-street parking shall be provided in accordance with the provisions of § 254-40 of this chapter. All such required off-street parking shall be achieved on site and not in the required front yard and shall be in addition to the off-street parking required for the residence.
K.
Commercial vehicles. Not more than one commercial vehicle shall be
permitted in connection with the home business, and such vehicle shall
be parked in the driveway or parking area or stored in an enclosed
garage. No construction vehicles, construction equipment or heavy
vehicles may be used in connection with the home business.
L.
Signage. One unanimated, nonilluminated single-sided flat sign or
window sign, not to exceed two square feet attached, shall be permitted
to identify the home business. Signs shall be mounted flat against
the building so that only the front side of the sign is exposed and
visible from the street.
M.
Maintenance of residential character. The appearance of the structure
shall not be altered and the business within the residence shall not
be conducted in a manner that would cause the premises to differ from
its residential character either by the use of colors, materials,
constructions, lighting or the emission of noises, odors or vibrations.
No mechanical, electrical or other equipment that produces noise,
electrical or magnetic interference, vibration, heat, glare or other
nuisance outside the dwelling shall be used. No outdoor display of
goods or outside storage of equipment, supplies or materials used
in the home business or profession shall be permitted.
N.
Additional conditions. The Village Planning Board may impose additional
conditions and/or restrictions as the Board deems appropriate when
issuing the special use permit.
O.
Inspections. The Zoning Enforcement Officer may periodically inspect
the premises operating under the special use permit for compliance
with these regulations and any conditions imposed by the Village Planning
Board.
The Village Planning Board may approve special use permits for
Class B home business as an accessory use in the AR Agricultural-Residential,
R-1 Residential and R-2 Residential Districts provided the following
standards and provisions are maintained:
A.
Purpose. The purpose of this section is to provide opportunities
for economic advancement among the residents of the Village and to
protect the character of the residential areas of the Village. Home
businesses established pursuant to this section are expected to blend
in with the existing character of the neighborhood in which they are
located.
B.
Site plan review. Site plan review shall be required in accord with
the site plan regulations set forth in this chapter.
C.
Types of dwellings. Home businesses shall be permitted within and
limited to one building accessory to a single-family dwelling. Home
businesses shall not be permitted in any building accessory to a two-family
dwelling, multiple-family dwelling or manufactured home.
D.
Shared driveway. No home business shall be permitted where access
is provided by a shared driveway.
E.
Number of home business. No more than one home business shall be
permitted on any one residential parcel.
F.
Employees. No employees other than the persons who reside in the
dwelling shall be employed in the home business.
H.
Deliveries and shipping. No home business shall be permitted that
requires tractor-trailer deliveries. No more than 15 pickups and/or
deliveries per week by U.S. Postal Service and commercial deliver
services shall be permitted. All pickups and deliveries shall occur
between the hours of 8:00 a.m. and 8:00 p.m.[2]
I.
Commercial vehicles. Not more than one commercial vehicle shall be
permitted in connection with the home business and such vehicle shall
be parked in the driveway or stored in an enclosed garage. No construction
vehicles, construction equipment or heavy vehicles may be used in
connection with a home business.
J.
Signage. One unanimated, nonilluminated single-sided flat sign or
window sign, not to exceed two square feet attached, shall be permitted
to identify the home business. Signs shall be mounted flat against
the building so that only the front side of the sign is exposed and
visible from the street.
K.
Maintenance of residential character. The appearance of the structure
shall not be altered and the home business shall not be conducted
in a manner that would cause the premises to differ from its residential
character either by the use of colors, materials, constructions, lighting
or the emission of noises, odors or vibrations. No mechanical, electrical
or other equipment that produces noise, electrical or magnetic interference,
vibration, heat, glare or other nuisance outside the dwelling shall
be used. No outdoor display of goods or outside storage of equipment,
supplies or materials used in the home business shall be permitted.
L.
Additional conditions. The Village Planning Board may impose additional
conditions and/or restrictions as the Board deems appropriate when
approving the special use permit.
The Village Planning Board may approve a special use permit
for essential services and utilities, excluding telecommunications
facilities, in all districts, provided the following standards and
provisions are maintained:
A.
The proposed installation in a specific location is necessary and
convenient for the efficiency of the essential services or for the
satisfactory and convenient provision of service to the area in which
the particular use is located.
B.
The design of any building constructed in connection with the essential
service shall conform to the general character of the areas and will
not adversely affect the safe and comfortable enjoyment of property
rights in the district in which it is to be located.
C.
Adequate landscaping shall be provided to create a visual and sound
buffer between such use and adjoining properties.
D.
All new and replacement electric distribution, telephone, cable television
and other lines shall be placed underground, if practical, as determined
by the Village Planning Board during site plan review.
E.
All service connections from distribution lines shall be placed underground.
F.
Adequate off-street parking shall be provided.
G.
The proposed improvement shall not create interference with the television,
radio or telephone reception at nearby properties.
H.
All major electrical transform facilities and substations, if above
ground, shall be secured by outer and inner fences, each 10 feet from
each other at any point. No transformer facilities or substations
shall be closer than 100 feet to any lot line.
I.
Adequate and attractive fences and other safety devices shall be
provided.
The Village Planning Board may approve special use permits for
child day-care centers and adult day-care centers in the AR Agricultural-Residential,
R-1 Residential, R-2 Residential and R-3 Residential Districts, provided
the following standards and provisions are maintained:
A.
Minimum dimensional requirements:
(1)
Minimum lot size: 21,780 square feet.
(2)
Minimum lot width: 100 feet.
(3)
Minimum front setback: 35 feet (from right-of-way line).
(4)
Minimum side setback: 20 feet.
(5)
Minimum rear setback: 20 feet.
(6)
Maximum building height: 35 feet.
(7)
Maximum building lot coverage: 30%.
(8)
Minimum green space: 40%.
B.
The applicant obtains and maintains all the requisite governmental
approvals to operate the proposed facility.
C.
On-site recreation facilities shall be provided and maintained for
the exclusive use of clients. Recreation areas shall be physically
separated from on-site parking areas and driveways and screened from
adjoining properties.
D.
Off-street parking shall be provided in accordance with § 254-40 of this chapter. All off-street parking shall be illuminated and adequately screened from adjoining residential sites and available for use by employees and visitors.
E.
All outdoor recreation areas shall be located in the rear and/or
side yard areas. Where such facilities are to be located adjacent
to a residential site, berms with landscaped planting shall be installed
along the borders to mitigate the effects of noise on the adjacent
residential sites.
The Village Planning Board may approve special use permits for
private schools and preschools in R-1 Residential District, R-2 Residential
District, R-3 Residential District and L-I Light Industrial District,
provided the following standards and provisions are maintained:
A.
Minimum dimensional requirements for a private school:
B.
Minimum dimensional requirements for a private preschool:
(1)
Minimum lot size: 32,670 square feet.
(2)
Minimum lot width: 150 feet.
(3)
Minimum front setback: 30 feet (from right-of-way line).
(4)
Minimum side setback: 25 feet.
(5)
Minimum rear setback: 25 feet.
(6)
Maximum height: 35 feet.
(7)
Maximum building lot coverage: 35%.
(8)
Minimum green space: 30%.
C.
Off-Street parking shall be provided in accordance with § 254-40 of this chapter. Said parking shall be located in the rear and/or side yard areas of the site. Each off-street parking area shall be illuminated, landscaped and buffered from any adjacent residential site.
D.
All outdoor recreation areas shall be located in the rear and/or
side yard areas. Where such facilities are to be located adjacent
to a residential site, berms with landscaped planting shall be installed
along the borders to mitigate the effects of noise on the adjacent
residential sites.
The Village Planning Board may approve special use permits for
assembly halls and theaters (excluding movie theaters) as an accessory
use in the AR Agricultural-Residential District, provided the following
standards and provisions are maintained:
A.
Minimum dimensional requirements:[1]
(1)
Minimum lot size: five acres.
(2)
Minimum lot width: 400 feet.
(3)
Minimum front setback: 75 feet (from right-of-way line).
(4)
Minimum side setback: 75 feet.
(5)
Minimum rear setback: 50 feet.
(6)
Maximum building height: 50 feet.
(7)
Maximum building lot coverage: 40%.
(8)
Minimum green space: 20%.
(9)
All other accessory uses in the AR Agricultural-Residential District
shall comply with the dimensional requirements set forth for accessory
uses in said district.
B.
Off-street parking shall be provided in accordance with § 254-40 of this chapter. Off-street parking shall be provided in the rear yard area and shall be illuminated in such a way that adjoining properties are not illuminated. Only the minimal lighting necessary for security shall be provided during hours that the facility is not in use.
C.
No assembly hall or theater shall have more than two driveways on
any public street fronting the site. No driveway shall be established
within 50 feet of any adjoining residential properties, any school,
place of worship, park, playground, public library regardless of where
the subject premises is located.
D.
All driveways and parking lots shall be concrete, asphalt or crushed
stone.
E.
Where assembly halls and theaters are located adjacent to a residential
site, berms with landscaped plantings shall be installed along the
borders to mitigate the effects of noise and lights on the adjacent
residential properties.
The Village Planning Board may approve special use permits for
drive-in businesses in the CBD Central Business and GB General Business
Districts, provided the following standards and provisions are maintained:
A.
Dimensional requirements:
(1)
Minimum lot size: none.
(2)
Minimum lot width: none.
(3)
Minimum front setback: none.
(4)
Minimum side setback: none.
(5)
Minimum rear setback: none.
(6)
Maximum building height in CBD: 50 feet.
(7)
Maximum building height in GB: 35 feet.
(8)
Maximum building lot coverage: 85%.
(9)
Minimum green space: none.
B.
Additional setback and density restrictions. All drive-in businesses
shall be a minimum of 200 feet from other drive-in businesses, said
distance shall be computed as follows:
(1)
For such businesses located on the same side of the street, 200 feet
measured between the two closest property lines.
(2)
For such businesses located on opposite sides of the street, 200
feet measured diagonally between the two closest property corners.
(3)
For four-corner intersections, one such business may be located on
a diagonally opposite corner exclusive of the two-hundred-foot distance
requirement.
(4)
The minimum distance from a driveway to a property line shall be
20 feet.
(5)
The minimum distance between ingress and egress driveways on the
site shall be 50 feet measured for the two closest driveway curbs.
(6)
The minimum distance into the site from a street intersection shall
be 100 feet measured from the intersection of the street right-of-way
to the nearest end of the curb radius.
C.
Drive-in businesses adjacent to or integrated in a shopping center
or cluster of commercial facilities shall use the common access with
other business establishments in that center.
D.
Exterior lighting proposed for the site shall be planned, erected
and maintained so it will not cast direct light or glare upon adjacent
properties or public rights-of-way. The light source shall not exceed
20 feet in height.
E.
Any outdoor eating area associated with a drive-in restaurant shall
be maintained free of litter and landscaped and physically separated
from any off-street parking area or driveway.
F.
Drive-through lanes shall be situated for circulation within the
parking lot so as to eliminate or reduce the conflict between pedestrians
within the parking lot and vehicles utilizing the drive-in facilities.
G.
Drive-through lanes will be of sufficient length so that the lines
of vehicles in the drive-in lane waiting for service shall not extend
onto the public street nor block public sidewalks.
The Village Planning Board may approve special use permits for
cluster residential development in the AR Agricultural-Residential
and R-1 Residential Districts, provided the following standards and
provisions are maintained:
A.
Minimum tract size. The minimum tract size shall be 15 acres.
B.
Dimensional requirements. The lot size, yard area and height requirements
shall be established on an individual case basis which reflects the
unique conditions of each site proposed for development, the potential
impact on adjacent properties and to insure consistency with the Village
Comprehensive Plan.
C.
Density. The number of lots or units (density of development) in
a cluster plan shall not exceed the maximum density that could be
created under a conventional development plan for the same tract of
land. In determining the overall density to be allowed for residential
development, all areas of the tract will be included.
D.
Recreational and open space. The developer shall set aside an area
of not less than 20% of the gross acreage of the tract to be devoted
exclusively to permanent recreation areas and/or open space. All recreation
or open space areas shall, in the opinion of the Village Planning
Board, be suitable for such use. The ownership and future maintenance
of such recreation areas shall be subject to the approval of the Village
Board of Trustees or offered for dedication to the Village.
A.
Senior housing definition. Housing shall be designed for, and residency
shall be limited to, persons 62 years of age and older with said housing
meeting all requirements of Section 3607(b)(2)(B) of the Federal Fair
Housing Act. Such housing for senior citizens may include unassisted
senior housing, elderly assisted housing that provides support services
for the elderly, such as dining rooms, lounges, laundry facilities,
recreational uses and the like, and nursing homes for the elderly.
B.
The Village Planning Board may approve special use permits for senior
citizen housing in the R-1 Residential District, provided the following
standards and provisions are maintained:
(1)
(3)
Housing described in this section shall exist, be designed and constructed
for the needs of senior citizens and shall be occupied exclusively
by senior citizens age 62 and older, except that in the case of married
couples or siblings living together, one of the persons may be under
62 years of age, provided the other spouse or sibling is age 62 and
older. The owner of the building used or erected for senior housing
purposes shall file with the Zoning Enforcement Officer a signed,
sworn affidavit, on or before the first day of January of every year,
certifying that all occupants of the building comply with the age
requirements set forth in this section.
(4)
Senior housing shall be serviced by municipal water and sanitary
sewer service.
The Village Planning Board may approve special use permits for
outdoor recreational businesses in the GB General Business District,
provided the following standards and provisions are maintained:
A.
Minimum dimensional requirements shall be determined by the Village
Planning Board during the site plan review process and will be predicated
on the type and scale of the proposed business.
B.
The use of motorized vehicles in conjunction with outdoor recreational
businesses is expressly prohibited, except that electric golf carts
may be used in conjunction with golf courses and a single motorized
vehicle may be used to gather golf balls at golf driving ranges.
C.
Lighting shall be installed so as to not illuminate or cause light
glare on adjoining residential properties.
D.
The broadcasting of music and or the use of public address systems
shall be such that the sound produced is not audible at the property
line of any adjoining properties.
E.
The Planning Board may establish the hours of operation of outdoor
recreational businesses to prevent the creation of nuisances or the
disruption of the public peace during late evening, night and early
morning hours.
F.
The facility shall be laid out and constructed in such a way that
errant golf balls, baseballs, softballs, volleyballs or and like objects
utilized shall not be hit, thrown, or deflected so as to leave the
parcel on which the recreational business is located.
G.
Adequate fencing and/or shrubbery shall be installed to adequately
buffer outdoor recreational uses from adjoining residential uses.
H.
Suitable and adequate off-street parking shall be provided in accordance
with the requirements established by the Village Planning Board based
on the site plan review.
The Village Planning Board may approve a special use permit
for the use of land and buildings for stables for the commercial boarding
of horses or riding academies in the AR Agricultural-Residential District,
provided that the following standards and provisions are maintained:
A.
No site preparation or construction shall commence nor shall existing
structures be occupied until final site plan approval has been granted
by the Village Planning Board and permits have been issued by all
governmental agencies involved.
B.
The permitted use may include any of the following:
(1)
Storage of horse vans for conveying or vanning of horses as may be
accessory to the principal use.
(2)
Sale or rental of horses for use by public by the hour, day, month
or year.
(3)
Rides on horses by the public.
(4)
Rental of horse vans.
(5)
Riding lessons to the public.
(6)
Sale of horse supplies and/or equipment.
C.
The land devoted to this use shall not be less than 10 contiguous
acres.
D.
One principal single-family dwelling may be located on the land devoted to this use, provided that it complies with the requirements for this chapter. The land area on which the principal single-family dwelling is located (minimum lot size of AR District) shall not be considered as part of the land devoted to this use as set forth in Subsection C above.
E.
The number of horses that may be boarded and/or trained at such property
shall not exceed 25 horses for the first 10 acres of land devoted
to this use, plus one horse for each additional half acre of land
available for such purpose.
F.
The stable shall be located not less than 100 feet from any boundary
line. The storage of manure shall be located on land not less 200
feet from any boundary line. The Village Planning Board may require
manure storage areas to be screened and/or buffered from adjacent
areas.
G.
Any riding ring shall be at least 50 feet from any boundary line.
H.
Accessory buildings such as barns (not housing horses), sheds and
the like may be located on the land devoted to this use, provided
that they are set back a minimum of 50 feet from the street line and
from each boundary, and provided further that they are not used for
the storage of manure.
I.
Structures on the land devoted to this use (not including the principal
dwelling) shall not be in the aggregate cover more than 5% of the
area of the land devoted to this use.
J.
No structure shall exceed 35 feet in height.
K.
Suitable and adequate off-street parking shall be provided in accordance
with the requirements established by the Village Planning Board based
on the site plan review.
L.
Exterior lighting shall be permitted only to the extent necessary
to prevent injury to the public and shall be so installed and arranged
as to reflect light away from the adjoining streets and prevent any
nuisance to adjoining property.
M.
The installation and use of exterior loudspeakers shall be conducted
in such a manner as to minimize potential nuisances to adjacent properties.
The Village Planning Board may approve a special use permit
for camping grounds in the Agricultural-Residential (AR) District
and Waterfront Development Overlay (WDO) District, provided that the
following standards and provisions are maintained:
A.
Minimum site area: 10 acres.
B.
Setbacks. Each building or structure within a campground shall comply
with the setback regulations applicable to the Agricultural-Residential
District in which such camping ground is located, except that travel
trailers, campers, tents, motor homes, and the motor vehicles propelling
or carrying the same may be located not closer than 15 feet to any
side or rear lot line nor closer than 60 feet to any front lot line.
C.
Campsites and buildings shall be set back not less than 25 feet from
any stream which carries water more than six weeks per year.
D.
Not more than 10 travel trailers, campers, tents, recreational vehicles
or motor homes shall be permitted per acre of gross site area subject
to site plan review.
E.
A campground shall be so located that no entrance or exits from a
site shall discharge traffic into any residential area nor require
movement of traffic from the camping ground through a residential
area. A campground shall have a minimum of 150 feet of frontage on
a public street.
F.
Campgrounds shall be occupied only by travel trailers, pickup coaches,
motor homes, camping trailers, recreational vehicles, and tents suitable
for temporary habitation and used for travel, vacation and recreation
purposes.
G.
No permanent external appurtenances such as carports, cabanas or
patios may be attached to any travel trailer or other vehicular accommodation
parked in a campground.
H.
The removal of wheels and placement of a unit on a foundation in
a camping ground is prohibited.
I.
Conditions of soil, groundwater level, drainage and topography shall
not create hazards to the property or the health or safety of occupants.
Natural vegetation shall be retained wherever possible. The site shall
not be exposed to objectionable smoke, noise, odors, or to other adverse
influences, and no portion of the campground subject to flooding,
subsidence or erosion shall be used for any purpose which would expose
persons or property to hazards.
J.
Management headquarters, recreational facilities, toilets, dumping
stations, showers, coin-operated laundries, and other uses and structures
customarily incidental to the operation of campground are permitted
as accessory uses to the camping grounds. In addition, retail stores
and other convenience establishments shall be permitted as accessory
uses in campgrounds in such districts where such uses are not allowed
as principal uses, subject to the following restrictions.
(1)
Such establishments and the parking areas primarily related to their
operations shall not occupy more than 5% of the gross area of the
campground. Such establishments shall be restricted in their use to
occupants of the campground.
(2)
Such establishments shall present no visible evidence from any street
outside the camping ground of their commercial character, which would
attract customers other than occupants of the campground.
(3)
The structures housing such facilities shall not be located closer
than 100 feet to any public street and shall not be directly accessible
from any public street and shall only be accessible from a street
within the campground.
K.
Plans for sewage disposal and water supply shall be designed in accordance
with standards promulgated by the New York State Department of Health
and/or Environmental Conservation and shall receive approval from
said agencies.
L.
Streets in campgrounds shall be private, but shall be constructed
with a stabilized travelway and shall meet the following minimum stabilized
travelway width requirements:
(1)
One-way with no parking on either side: 12 feet.
(2)
One-way with parking on one side or two way with no parking: 18 feet.
(3)
Two-way with no parking on either side: 18 feet.
(4)
Two-way with parking on one side: 27 feet.
(5)
Two-way with parking on both sides: 34 feet.
(6)
All roadways and public parking areas shall either be paved or dust
treated.
M.
Each travel-trailer site shall be at least 2,000 square feet in area
and have a minimum width of 35 feet, with a minimum depth of 50 feet.
N.
A minimum of 8% of the gross site area for the campground shall be
set aside and developed as common use areas for open or enclosed recreation
facilities. No travel-trailer site, required buffer strip, street
right-of-way, storage area or utility site shall be counted as meeting
recreational purposes.
O.
Entrances and exits to campgrounds shall be designed for safe and
convenient movement of traffic into and out of the camping ground
and to minimize friction with movement of traffic on adjacent streets.
All traffic into or out of the camping ground shall be through such
entrances and exits. Pedestrian walkways shall be provided to lead
to all parking areas, rest rooms or other service buildings. All walkways
shall have adequate lighting.
P.
An adequate lighting system shall be provided for the campground.
Q.
All utilities shall be underground.
R.
Not less than one covered twenty-gallon garbage receptacle shall
be provided for each campsite. No campsite shall be situated further
than 100 feet from a garbage receptacle. Garbage and rubbish shall
be collected and disposed of as often as may be necessary to insure
sanitary conditions.
S.
All applicable sanitation standards promulgated by the State of New
York, County of Orleans and Village of Medina shall be met.
The Village Planning Board may approve special use permits for
heavy equipment manufacturing and forging and stamping plants in the
I Industrial Zone, provided the following standards and provisions
are maintained:
A.
Sound levels shall not exceed 45 decibels from 11:00 p.m. to 6:00
a.m., nor 65 decibels at other times. The sound shall be measured
using a sound-level measuring instrument meeting the standards prescribed
by the American National Standards Institute. Measurement of sound
level shall be made at the property line of the parcel on which the
sound is being generated and shall be taken at least four feet above
the ground level.
B.
No activity shall result in the discharge on or off site of any toxic
or noxious matter in such concentrations as to be detrimental to or
endanger the public health.
C.
No vibrations shall be generated such that the vibrations are detectable
beyond the boundary line of the parcel on which the manufacturing
facility is located.
D.
No use shall be permitted that will produce heat or glare outside
the property line of the parcel on which the manufacturing facility
is located.
E.
No emission of any odorous or malodorous matter shall be permitted
such that the odor is detectable outside the boundary line of the
parcel on which the manufacturing facility is located.
The Village Planning Board may approve special use permits for
alternative wind-generated energy systems in the AR Agricultural-Residential
District, provided the following standards and provisions are maintained:
A.
All wind-generated energy towers shall be located so as to allow
an open zone around the tower on the owner's property with a radius
at least equal to the height of the tower.
B.
All energy collection/storage facilities and appurtenant electrical
equipment shall cause no undue interference with radio and television
broadcast reception or undue noise or glare.
C.
Windmill blades shall clear the ground at their lowest point by at
least 20 feet.
D.
Height exemption. The height limitations of this chapter shall not
apply to wind-energy towers or solar collectors, provided that such
structures are erected only to such height as is necessary to accomplish
the purpose for which they are intended, and that such structures
do not obstruct solar access to neighboring properties.
The Village Planning Board may authorize a special use permit
for a hotel or motel in the Waterfront Development (WD) (Yates)/Waterfront
Development Overlay (WDO) (Ridgeway, Shelby) District, provided the
following standards and conditions are maintained.
A.
Minimum dimensional requirements:
(1)
Minimum lot size: two acres.
(2)
Minimum lot width: 200 feet.
(3)
Minimum front setback: 100 feet (from right-of-way line).
(4)
Minimum side setback: 40 feet.
(5)
Minimum rear setback: 40 feet.
(6)
Maximum building height: 75 feet.
(7)
Maximum building coverage: 70%.
(8)
Minimum green space: 20%.
B.
All signs should be carefully integrated with the site, building
design and surrounding context to create a harmonious appearance for
the waterfront area.
C.
No exterior lighting shall be erected, operated or maintained in
such a manner as to create an annoyance to surrounding properties
or so as to create a hazard to traffic circulation.
D.
No open-air outdoor storage of construction materials shall be permitted.
Refuse and trash may be stored outdoors at all times only if placed
in closed containers located in an area screened from view at all
points on any public or private property or street when viewed from
ground level.
E.
The proposed project will be in harmony with the appropriate and
orderly development of the waterfront area. The architectural treatment
and general appearance of all buildings and grounds shall be in keeping
with the purpose of this district and shall be of such quality and
design as to be a visual asset to the area in which they are located
as well as to adjacent development.
F.
The proposed project will not hinder or discourage the appropriate
development and use of adjacent lands.
G.
Restaurants, cafeterias, swimming pools, newsstands, pharmacies,
barbershops, hairdressers, gift shops, and other personal service
shops for the convenience of guests may be permitted as accessory
uses. With the exception of an identifying sign for the restaurant,
no external evidence of their internal commercial activities is permitted.
The Village Planning Board may authorize a special use permit
for a marina in the Waterfront Development Overlay (WDO) District,
provided the following standards and conditions are maintained:
A.
Rest rooms shall be provided for the use of its customers or clientele.
B.
Trash disposal receptacles shall be sufficient to accommodate all
trash generated by the marina's customers or clientele and maintained
in a clean and usable condition.
C.
Adequate parking spaces shall be provided for customer's vehicles
as determined by the Village Planning Board. A minimum of 1/2 space
per boat slip shall be required, plus one space for each employee
and additional spaces as required for boat launches and other accessory
uses.
D.
An identification number corresponding to the permit number shall
be assigned to the owner of the wharf or wharves under permit. This
number is to be displayed in such a manner that it is readily visible
from the water.
E.
The marina's maintenance program shall be sufficient to keep all
wharves, adjacent shoreline, water and the lake bottom clean of debris.
F.
The marina shall be designed and managed to minimize the project's
visual impact and avoid any navigational hazards.
G.
The marina shall prepare and follow a plan designed to avoid damage
to the environment due to leakage or spills of fuels, lubricants,
waste products or other pollutants.
H.
Accessory use may include the provision of fuel and supplies, minor
and emergency repairs for recreational boats, boat rental, boat storage
and sale and restaurant and related retail sales.
The Village Planning Board may approve a special use permit
for a conference/resort complex in the Waterfront Development Overlay
(WDO) District, provided that the following standards and provisions
are maintained:
A.
All applicable health and safety codes, including provisions of the
Codes of New York State, are met.
B.
The maximum amount of coverage of buildings and paved areas on the
lot shall not exceed 15% of the lot area.
C.
Landscaped buffers shall be provided, which are sufficient to screen
views of the facility from neighboring property and to minimize the
impacts of noise, traffic and other operations of the facility on
neighboring property, roads and other public facilities.
The Village Planning Board may approve a special use permit
for a restaurant in the Waterfront Development Overlay (WDO) District,
provided that the following standards and provisions are maintained:
A.
Minimum dimensional requirements:
B.
All signs should be carefully integrated with the site, building
design and surrounding context to create a harmonious appearance for
the waterfront area.
C.
No exterior lighting shall be erected, operated or maintained in
such a manner as to create an annoyance to surrounding properties
or so as to create a hazard to traffic circulation.
D.
No open-air outdoor storage of construction materials shall be permitted.
Refuse and trash may be stored outdoors at all times only if placed
in closed containers located in an area screened from view at all
points on any public or private property or street when viewed from
ground level.
E.
The proposed project will be in harmony with the appropriate and
orderly development of the waterfront area. The architectural treatment
and general appearance of all buildings and grounds shall be in keeping
with the purpose of this district and shall be of such quality and
design as to be a visual asset to the area in which they are located
as well as to adjacent development.
F.
The proposed project will not hinder or discourage the appropriate
development and use of adjacent lands.
The Village Planning Board may approve a special use permit
for a nursing or convalescent home in the R-1 Single-Family Residential
District, provided the following standards and provisions are maintained:
A.
Dimensional requirements:
C.
Each such use shall have only a single point of access to each public
street on which the property abuts.
D.
Site lighting shall be provided. Such lighting shall not illuminate
adjoining residential properties. Site lighting shall be restricted
to providing adequate security lighting for the property during times
the medical clinic and/or laboratory is not open for business.
E.
One unanimated, nonilluminated flat sigh or window sign and one unanimated,
freestanding sign, each not to exceed four square feet per side, shall
be permitted. Illuminated signs may be permitted subject to the review
and approval of the Village Planning Board.
[Added 5-11-2004 by L.L. No. 4-2004]
The Village Planning Board may approve a special use permit
for classrooms and educational facilities, occupancies and uses for
courses above the 12th grade in the Industrial District, provided
the following standards and provisions are maintained.
A.
Off-street parking sufficient for the students, faculty and administration shall be provided in accord with § 254-40 of this chapter and shall be buffered from adjacent residential sites.
B.
The educational program or programs to be offered shall be approved
by or presented under the auspices of an entity authorized by the
State of New York for adult education and all required government
approvals to operate the facility and programs shall be obtained and
maintained.
C.
Classrooms and facilities shall be in compliance with the applicable
codes of the State of New York, including, but not limited to, the
Building Code of New York State and any applicable rules or regulations
of the New York State Education Department.
D.
One unanimated, nonilluminated flat or window sign and one unanimated,
freestanding sign, each not exceeding four square feet per side, shall
be permitted. Other signs may be permitted subject to review and approval
of the Village Planning Board.
E.
Site lighting shall be provided but shall not illuminate adjoining
residential sites and shall be limited to providing adequate security
lighting after schools hours.
F.
Adequate safeguards shall be provided to assure the health and safety
of students, faculty and administration from traffic and other dangers
or hazards of any adjacent industrial site.
[Added 3-14-2007 by L.L. No. 2-2007]
The Village Planning Board may approve a special use permit
for a residential dwelling unit in the Central Business District,
providing the following standards and provisions are maintained:
A.
Residential uses shall be limited to the second and third floor spaces
of buildings in the Central Business District and shall be limited
to studio, one-bedroom and two-bedroom units.
D.
Appearance and occupancy standards:
(1)
Windows. Solar screens, foil, masking tape, to any other foreign
object shall not be used on windows. No materials or items shall be
affixed to or displayed in windows. Tenants shall not display signs,
bottles, cans or other such items. Linens, rugs, cloths, clothing,
curtains, mops, laundry or other articles shall not be shaken or hung
from windows. Tenants shall not sit in open windows. Window coverings
visible from the exterior shall not detract from the character or
aesthetic of the building. Sheets, towels, blankets or other nonstandard
materials shall not be used as window coverings. Window coverings
shall be maintained in good condition. Holiday decorations shall not
be displayed in windows. Flowerpots and window boxes shall not be
placed on windowsills or exteriors. Tenants shall not allow anything
to fall from dwelling unit windows.
(2)
Obstructions. Loitering and/or sitting on steps or in entryways shall
be prohibited. Sidewalks, entrances and stairs shall not be obstructed,
encumbered or used for any purpose other than ingress and egress.
Carriages, bicycles, wagons, shopping carts, chairs, benches, tables
or other objects shall not be placed or left therein or thereon.
(3)
Noise. Tenants shall not make or permit any disturbing noises by
himself, his family, visitors or agents. Tenants shall not play upon
or permit to be operated, a musical instrument, phonograph, tape player,
CD player, television, or radio in such a manner as to unreasonably
disturb or annoy other tenants or occupants. Noise, music, vibrations
or other sounds shall not emanate from dwelling units.
(4)
Garbage and refuse. Property owners shall provide for the collection
and storage of garbage and refuse awaiting pick up. Such facilities
shall be designed and maintained in a clean and sanitary condition.
Such facilities shall be located so as to not interfere with or detract
from expected activities in the Central Business District. All such
facilities shall be screened from view.
(5)
Exterior. No exterior radio, television antenna, satellite dish installation
or other wiring shall be made without the written permission of the
Village of Medina Planning Board. Room air-conditioning units shall
not be installed in dwelling unit windows. Tenants shall not be allowed
on building roofs. No grilling or cooking shall be allowed on roof,
balcony, porch, patio or sidewalk.
[Added 6-23-2014 by L.L. No. 4-2014]
The Village Planning Board may approve a special use permit
for wineries, microbreweries, distilleries, cideries and meaderies
in the Central Business District and the General Business District,
provided the following provisions and standards are maintained:
A.
Compliance
with all federal, New York State, county and local regulations and
licensing requirements;
B.
No unscreened,
open-air storage of materials or products;
C.
The
project shall prepare and follow a plan designed to avoid damage to
the environment due to leakage of spills of product or other pollutants.
