The purpose of this article is to place additional development
requirements on specific uses, both permitted and specially permitted,
because of the potential impacts to surrounding properties. The regulations
promote the public health, general safety and neighborhood character
of the immediate neighborhood and the larger community and mitigate
often inherent impacts of a use such as, but not limited to, noise,
traffic, vehicle circulation, visual impact, odors, dust and fumes.
A.
Adult entertainment uses shall be permitted only in the Light Industrial
(LI) District and are subject to the following restrictions:
(1)
No adult entertainment use shall be permitted in any building used
in whole or in part for residential purposes.
(2)
No more than one adult entertainment use shall be permitted on any
lot, and no such use shall be permitted within 750 feet of any other
such use.
(3)
No adult entertainment use shall be permitted on any lot that is
located within 450 feet of any lot on which is located a school, religious
institution, cemetery, community center, day-care center, public park,
playing field, bike path or other public recreational facility.
(4)
No adult entertainment use shall be conducted in any manner that
allows the observation of any material depicting, describing or relating
to any sexual act or any part of the anatomy from any public way or
from any other property. This provision shall apply to any display,
decoration, sign, show, window or other opening.
(5)
There shall be no outdoor sign, display or advertising of any kind
other than an identification sign limited to the name of the establishment.
(6)
Adult entertainment uses shall comply with all other requirements
of this chapter, as well as all other applicable City, county, state
and federal laws and regulations.
B.
The distances provided in Subsection A above shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the parcel lot line upon which the adult use is to be located to the nearest point of the parcel lot line or the land use district boundary line from which the adult use is to be separated.
A.
This section applies to any car wash established as a permanent use.
This section does not apply to temporary car washing activities sponsored
by schools, churches or other nonprofit organizations or groups in
order to raise money for designated events.
B.
A car wash premises shall not be used for the sale, rent or display
of automobiles, trailers, boats or other vehicles unless one of these
uses is the permitted principal use on the lot and the car wash is
an accessory use.
C.
Washing, vacuuming, steam cleaning, waxing, polishing or machine-drying
operations, and the building within which they must be conducted,
shall be a minimum 150 feet from any residential district boundary
line.
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.
In addition to any off-street parking requirements of this chapter,
queue lanes shall provide for a minimum of four vehicles per bay on
the lot.
A.
Due to potential impacts on traffic volume and vehicular and pedestrian
circulation, the additional standards of this section are required
for the permitting of drive-through windows.
B.
Drive-through windows shall not be permitted in the MU-1 District
as the existing development pattern in the district of few alleys
or driveways and small lots is not compatible with appropriate drive-through
window traffic circulation and may compromise the pedestrian character
of the corridor.
C.
Site location criteria. The site of the drive-through window shall
meet the following criteria:
D.
General design standards. All of the following must be provided for
the principal use to be granted a building permit for a drive-through
window:
(1)
Drive-through windows shall be prohibited in the front yard unless
it is on a corner lot.
(2)
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.
(3)
Signs should be placed and queue lanes should be designed so that
waiting cars do not block sidewalks or public streets.
(4)
Landscaping, queue lane devices, and overall design shall not prevent
vehicles from safely and efficiently leaving waiting lanes.
(5)
Traffic circulation.
(a)
A traffic study addressing on-site and peak hours off-site traffic
and circulation impacts is required.
(b)
Pedestrian crosswalks shall be clearly marked, including signs
for vehicles to stop for pedestrians.
(c)
Queue lanes shall be designed for the maximum length possible.
At a minimum, queue 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.
(d)
The queue lanes shall be independent of any on-site parking,
parking maneuvering areas, public streets or traffic ways serving
other on- and/or off-site uses.
E.
Site plan requirements. In addition to the general requirements for
site plan review, drive-through window site plans must also include
the following features:
A.
CANOPY
FUEL PUMP
PUMP ISLAND
Definitions. For the purposes of this section, the following terms
shall have the meanings indicated:
Any structural protective cover that is not enclosed on any
of its four sides and is provided for a service area designated for
the dispensing or installation of gasoline, oil, antifreeze, headlights,
wiper blades and similar products.
Any device that dispenses automotive fuel and/or kerosene.
A fuel pump may contain multiple hoses or be capable of serving more
than one fueling position simultaneously.
A concrete platform measuring a minimum of six inches in
height from the paved surface on which fuel pumps are located.
B.
General criteria.
(1)
No gasoline station shall be permitted to be established on any lot
within 500 feet of an existing gasoline station or of any lot for
which a building permit has been issued for a gas station.
(2)
No fuel pumps and tanks shall be closer than 50 feet to any existing
residential structure.
(3)
All accessory services shall occur within buildings enclosed by a
roof and a wall.
(4)
Principal buildings shall be oriented to the street.
(5)
All fuel pumps and pump islands shall be set back a minimum distance
of at least 15 feet from any right-of-way line or property.
(6)
Accessory
commercial retail uses shall not exceed 25% of the total floor area
which includes all areas under a canopy or roof and all pump areas
of the principal use to which it is accessory.
(7)
Outdoor
storage of motor vehicles shall be prohibited at all times. Premises
shall not be used for the sale, rent or display of automobiles, trailers,
mobile homes, boats or other vehicles.
C.
Canopies.
(1)
Canopies
shall not exceed 16 feet in height or the height of the principal
building, whichever is less.
(2)
Canopies
shall be architecturally integrated with the principal building and
all other accessory structures on the site through the use of the
same or compatible materials, colors and roof pitch.
(3)
Any
lighting fixtures or sources of light that are a part of the underside
of the canopy shall be recessed into the underside of the canopy so
as not to protrude below the canopy ceiling surface more than two
inches.
(4)
All
equipment including fire suppression materials shall be screened.
(5)
Permitted materials for canopies include brick, stone, stucco and any other material if consistent with an architectural style permitted in § 272-56, Design standards for new mixed-use, commercial and other nonresidential structures, if the principal building conforms to that style. The following materials are not permitted:
(6)
Flat
roofs are not permitted. Roof design shall incorporate architectural
features such as faux roof pitch to screen all mechanical equipment.
A.
All repairs
shall be performed within an enclosed principal building on the premises.
B.
The maximum number of parking spaces devoted to overnight storage
of vehicles shall be no more than three spaces per repair bay. These
spaces shall be clearly delineated on all site plans and special use
permit applications.
C.
No vehicle awaiting repair shall be located on the premises for more
than 45 days.
D.
All overnight storage exceeding the maximum number of permitted storage
spaces shall be enclosed and not visible from adjoining properties.
A.
All lots used for the outdoor display of automobiles shall have a
completely enclosed building on the same lot.
B.
All repairs, servicing, sales and car washing shall be performed
within the principal building.
C.
Customer vehicles with external damage awaiting repairs shall be
stored either inside a building or in a screened outdoor area.
D.
Screening, in accordance with the perimeter landscaping requirements of § 272-57, Landscaping and screening, shall be provided along all lot lines abutting a lot line zoned residential. No vehicles may be located within any landscaped areas.
E.
All customer, employee and display parking spaces shall be clearly
delineated on the site plan and on the site.
F.
All required off-street parking spaces shall be reserved exclusively
for the parking of customer and employee vehicles and shall not be
used for the display of merchandise.
A.
Purpose. The City recognizes that while the R-3 District represents
urban residential neighborhoods within the City, some of the neighborhoods'
older, significant residential structures could be more viable as
mixed-use structures that include compatible, small professional businesses.
B.
Professional offices in the R-3 District shall have a maximum number
of two professionals and maximum total staff of six, including all
professionals.
C.
Professional offices in the R-3 District shall conform to the off-street
parking standards of this chapter.
A.
Religious institutions located in the R-1A, R-1, R-2 and R-3 Districts
shall meet the following requirements:
(1)
All structures, parking areas and loading areas shall be set back
a minimum 25 feet from the side lot line.
(2)
Off-street parking shall be located in the rear and screened in accordance with the perimeter landscaping requirements of § 272-57, Landscaping and screening, along all rights-of-way and lot lines.
(3)
A parish house or rectory shall comply with the requirements for
a single-family dwelling.
A.
A residential care facility shall conform to and be maintained in
harmony with the overall character and appearance of the surrounding
neighborhood.
C.
A residential care facility shall be registered with the Zoning Enforcement
Officer and Fire Chief, and the following information shall be filed
and kept up-to-date:
A.
Facades fronting the road shall be parallel to the road and shall
be constructed of clay brick, natural stone, decorative concrete or
stucco.
B.
If more than one building, buildings shall be connected with an internal
vehicular circulation system with a minimum width of 24 feet.
C.
No storage unit door shall face the road frontage.
D.
The primary entrance shall be articulated and built out from the
primary building.
E.
Buildings shall have a pitched roof or the appearance of a pitched
roof.
F.
Screening, in accordance with § 272-57, Landscaping and screening, shall be provided along all lot lines adjacent to a residential district.
G.
Security fencing used to protect the facility shall be located on
the inside of the landscaping and screening.
A.
Purpose.
(1)
The City of Watervliet finds that wireless telecommunications facilities
may pose significant concerns to the health, safety, public welfare,
character and environment of the City and its inhabitants. The City
also recognizes that facilitating the development of wireless service
technology can be an economic development asset to the City and of
significant benefit to the City and its residents. The intent of this
section is to minimize the impact of wireless telecommunications facilities,
establish a fair and efficient process for review and approval of
applications, assure an integrated, comprehensive review of environmental
impacts of such facilities, and protect the health, safety and welfare
of the City of Watervliet.
(2)
In order to ensure that the placement, construction, and modification
of wireless telecommunications facilities protects the City's
health, safety, public welfare, environmental features, the nature
and character of the community and neighborhood and other aspects
of the quality of life specifically listed elsewhere in this section,
the City hereby adopts the overall policy with respect to a special
use permit for wireless telecommunications facilities for the express
purpose of achieving the following goals:
(a)
Promoting and encouraging, wherever possible, the sharing and/or
co-location of wireless telecommunications facilities among service
providers.
(b)
Promoting and encouraging, wherever possible, the placement,
height and quantity of wireless telecommunications facilities in such
a manner, including but not limited to the use of stealth technology,
to minimize adverse aesthetic and visual impacts on the land, property
buildings, and other facilities adjacent to, surrounding, and in general
the same area as the requested location of such wireless telecommunications
facilities, which shall mean using the least visually and physically
intrusive facility that is not technologically or commercially impracticable
under the facts and circumstances.
(c)
That in granting a special use permit, the City has found that
the facility shall be the most appropriate site as it is the least
visually intrusive among those available in the City.
B.
Application of regulations.
(1)
No wireless telecommunications tower or antenna shall hereafter be
erected, moved, reconstructed, changed or altered without conforming
to these regulations. No existing structure shall be modified to serve
as a telecommunications tower or antenna unless conforming to these
regulations.
(2)
Freestanding telecommunications towers are permitted in the LI District
with a special use permit.
(3)
Antennas may be mounted on rooftops of existing structures. Such antennas are defined as accessory uses for the purposes of this chapter and shall be permitted in the MU-1, MU-2, B, and LI Districts with a special use permit in accordance with the regulations of Article XII, Special use Permits.
(4)
The Planning Board shall have the authority to impose such reasonable
conditions and restrictions as are directly related to and incidental
to the proposed telecommunications facility, including the use of
camouflage of the tower structure and/or antenna to reduce visual
impact.
(5)
For applicants proposing minor changes to existing facilities or
proposing the use of camouflage for a telecommunications tower, the
Planning Board may waive any or all requirements under this section
if it finds that such minor changes or camouflage significantly reduces
the visual impact to the surrounding area. However, the Planning Board
may not waive the requirement that a public hearing be held on the
application.
(6)
Exemptions. The following shall be exempt from this section:
(a)
The City's fire, police, Department of Transportation or
other public service facilities owned and operated by the local government.
(b)
Any facilities expressly exempt from the City's siting,
building and permitting authority.
(c)
Over-the-air reception devices, including the reception antennas
for direct broadcast satellites (DBS), multichannel multipoint distribution
(wireless cable) providers (MMDS), television broadcast stations (TVBS)
and other customer-end antennas that receive and transmit fixed wireless
signals that are primarily used for reception.
(d)
Facilities exclusively for private, noncommercial radio and
television reception and private citizen's bands, licensed amateur
radio and other similar noncommercial telecommunications.
(e)
Facilities exclusively for providing unlicensed spread spectrum
technologies [such as IEEE 802.11a b g (Wi-Fi) and Bluetooth] where
the facility does not require a new tower.
C.
General criteria. No special use permit relating to a telecommunications
facility shall be authorized by the Planning Board unless it finds
that such facility:
(1)
Is necessary to provide adequate service to locations that the applicant
is not able to serve with existing facilities;
(2)
Conforms to all applicable regulations promulgated by the Federal
Communications Commission (FCC), Federal Aviation Administration (FAA),
and other federal agencies;
(3)
Will be designed and constructed in a manner that minimizes visual
impact to the greatest extent possible; and
(4)
Is the most appropriate site among those available within the technically
feasible area for the location of a telecommunications facility.
D.
Co-location.
(1)
The shared use of existing telecommunications towers, rooftop antennas
or other structures shall be preferred to the construction of new
facilities. Any special use permit application shall include proof
that reasonable efforts have been made to co-locate within an existing
telecommunications facility or upon an existing structure within a
reasonable distance, regardless of municipal boundaries, of the site.
The applicant must demonstrate with data from a qualified engineer
that the proposed telecommunications facility cannot be accommodated
on existing telecommunications facilities due to one or more of the
following reasons:
(a)
The planned equipment would exceed the structural capacity of
existing and approved telecommunications 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 the 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; and
(e)
The property owner or owner of the existing telecommunications
facility or other structure refuses to allow such co-location or requests
an unreasonably high fee compared to fees for such co-location as
typically established in current industry rates.
(2)
An
applicant intending to share use of an existing tower shall be required
to submit documentation of such intent from an existing tower owner.
The applicant shall pay all reasonable fees and costs to adapt an
existing tower or structure to a new shared use. Those costs include
but are not limited to structural reinforcement, preventing transmission
or receiver interference, additional site screening, and other changes,
including real property acquisition or a lease agreement required
to accommodate shared use.
E.
Submission requirements.
(1)
Co-location/shared use. A special use permit application shall be
made to the Zoning Enforcement Officer. Each application shall include
at least the following:
(a)
A completed application for a building permit.
(b)
Documentation of consent from the owner of the existing facility
to allow shared use.
(c)
A site plan in accordance with Article XI, Site Plan Review, of this chapter. The site plan shall show all existing and proposed structures and improvements, including antennas, roads, buildings, guy wires and anchors, parking and landscaping and shall include grading plans for new facilities and roads. Any methods used to conceal the modification of the existing facility shall be indicated on the site plan.
(d)
An engineer's report certifying that the proposed shared
use will not diminish the structural integrity and safety of the tall
structure and explaining what modifications, if any, will be required
in order to certify to the above. An engineer qualified to complete
the report required by this section shall be a New York State licensed
professional engineer specializing in electrical engineering with
expertise in radio communications facilities and, if a monopole or
tower is required or the electrical engineer is not qualified to certify
the structural soundness of the installation, a New York State licensed
professional engineer specializing in structural engineering is required.
(e)
A completed full environmental assessment form (EAF) and a completed
visual EAF addendum is required.
(f)
A copy of the applicant's FCC operating license.
(2)
New development, freestanding towers and rooftop-mounted antennas.
A special use permit application shall be made to the Zoning Enforcement
Officer. Each application shall include at least the following:
(a)
Site plan. For all new freestanding towers or rooftop antennas, an applicant shall be required to submit a site plan as described in Article XI, Site Plan Review. The site plan shall show all existing and proposed structures and improvements, including roads, and shall include grading plans for new facilities and roads. The site plan shall also include documentation on the proposed intent and capacity of use as well as a justification for the height of any tower or antennas and justification for any land or vegetation clearing required.
(b)
The applicant shall examine the feasibility of designing the
proposed tower to accommodate future demand for at least four additional
commercial applications, for example, future co-locations. The tower
shall be structurally designed to accommodate at least four additional
antenna arrays equal to those of the applicant and located as close
to the applicant's antenna as possible without causing interference.
This requirement may be waived, provided that the applicant, in writing,
demonstrates that the provision of future shared usage of the tower
is not technologically feasible, is commercially impracticable or
creates an unnecessary and unreasonable burden, based upon:
[1]
The foreseeable number of FCC licenses available for the area;
[2]
The kind of wireless telecommunications facilities site and
structure proposed;
[3]
The number of existing and potential licenses without wireless
telecommunications facilities spaces/sites; and
[4]
Available space on existing and approved towers.
(c)
The site plan shall include a completed visual environmental
assessment form (Visual EAF) and a landscaping plan addressing other
standards listed within this chapter with particular attention to
visibility from key viewpoints within and outside of the municipality
as identified in the Visual EAF. The Planning Board may require submittal
of a more detailed visual analysis based on the results of the Visual
EAF.
(d)
Signed and sealed documentation from an expert qualified in
the field of telecommunications and radio frequency engineering, showing
that the tower and/or facility is needed to provide adequate coverage
to an area of the City that currently has inadequate coverage, including
a graphical depiction of the inadequate coverage area.
(e)
A copy of the lease agreement (if applicable).
(f)
A copy of the applicant's FCC operating license.
(g)
A statement by the applicant as to whether construction of the
tower will accommodate co-location of additional antennas for future
users.
(h)
An agreement by the tower/structure owner that other wireless
telecommunications providers will be permitted to co-locate on the
proposed tower/structure within the limits of structural and radio
frequency engineering requirements.
F.
Site and design requirements.
(1)
Freestanding towers.
(a)
Height.
[1]
The applicant shall submit documentation justifying the total
height of any tower, facility and/or antenna requested and the basis
therefor. Documentation in the form of propagation studies must include
all backup data used to perform at the requested height and at a height
a minimum of 10 feet lower to allow verification of this height need.
Such documentation will be analyzed in the context of the justification
of the height needed to provide service primarily and essentially
within the City, to the extent practicable, unless good cause is shown.
[2]
No tower constructed after the effective date of this section,
including allowing for all attachments, shall exceed that height which
shall permit operation without required artificial lighting of any
kind in accordance with municipal, City, state, and/or any federal
statute, law, local law, City ordinance, code, rule or regulation.
(b)
Fall zones. Telecommunications towers and facilities shall be
constructed so as to minimize the potential safety hazards and located
in such a manner that if the facility should collapse or fail, all
portions of said tower or facility will remain within the property
boundaries and will avoid habitable structures, public streets, utility
lines and other telecommunications facilities.
(c)
Signal interference. Facility signals shall not interfere with
the ongoing transmission operations of police and other emergency
agencies. Any signal interference with said law enforcement agency
or other duly recognized emergency agency shall be cause for the revocation
of the approval until such time as the issue of signal interference
is satisfactorily resolved.
(d)
Setbacks.
[1]
Telecommunications facilities shall comply with all existing setbacks within the affected zoning district and Subsection F(2) below. Setbacks shall apply to all tower parts, including guy wire anchors, and any accessory facilities.
[2]
In addition, the setback for the telecommunications tower shall
be the height of the tower plus the setback requirements for principal
uses within the affected zoning district. Additional setbacks may
be required by the Planning Board to contain on-site ice-fall or debris
from tower failure and preserve the privacy of adjoining residential
and public properties.
(2)
Roof-mounted antennas. An antenna may be mounted on rooftops of existing
structures consistent with the following standards:
(a)
The antenna does not exceed a height of eight feet above the
roof parapet of the building upon which the antenna is located.
(b)
The antenna complies with all applicable FCC and FAA regulations.
(c)
The antenna complies with applicable building codes.
(d)
The design shall minimize visual impacts through use of radio
transparent screening panels designed to match the building facade
to make the antennas the least visually intrusive to adjacent properties.
(e)
Design of ancillary equipment shall incorporate noise attenuation
for noise produced by emergency generators installed to provide power
to the facility in emergency situations.
(f)
Cable design. Rooftop installation shall be designed to minimize
tripping hazards on walking/working surfaces.
(3)
Lighting. If lighting is required, the applicant shall provide a
detailed plan for sufficient lighting of as unobtrusive and inoffensive
an effect as is permissible under state and federal regulations.
(4)
Visibility and aesthetics.
(a)
Towers shall be a galvanized finish or painted gray above the
surrounding treeline and painted gray, green, black or similar colors
designed to blend with the natural surroundings below the surrounding
treeline unless other standards are required by the FAA. Towers should
be designed and sited so as to avoid, whenever possible, the need
for FAA lighting and painting requirements. Accessory facilities shall
maximize use of building materials, colors, and textures that are
designed to blend with the natural surroundings.
(b)
Structures offering slender silhouettes (i.e., monopoles or
guyed towers) may be preferable to freestanding lattice structures
except where such freestanding structures offer capacity for future
shared use. The Planning Board may consider the type of structure
being proposed and how it relates to the surrounding area.
(c)
The applicant must examine the feasibility of designing a proposed
telecommunications tower to accommodate future demand for additional
facilities.
(5)
Vegetation and screening.
(a)
Existing on-site vegetation shall be preserved to the maximum
extent possible, and no cutting of trees exceeding four inches in
diameter (measured at a height of four feet off the ground) shall
take place prior to approval of the special permit application.
(b)
The Planning Board may require appropriate vegetative buffering
around the fences of the tower base area, accessory facilities and
the anchor points of guyed towers to buffer their view from neighboring
residences, recreation areas, waterways, historic or scenic areas,
or public roads.
(6)
Signage. The use of any portion of a telecommunications facility
for signs for promotional or advertising purposes, including but not
limited to company name, phone numbers, banners, streamers and balloons,
is prohibited. The Planning Board may require the installation of
signage with safety information.
(7)
Security.
(a)
Towers, anchor points around guyed towers, and accessory facilities
shall each be surrounded by fencing not less than six feet in height.
(b)
There shall be no permanent climbing pegs within 15 feet of
the ground.
(c)
Motion-activated or staff-activated security lighting around
the base of a tower or accessory facility may be provided if such
lighting does not project off the site.
(d)
A locked gate at the junction of the accessway and a public
thoroughfare may be required to obstruct entry by unauthorized vehicles.
Such a gate must not protrude into the public thoroughfare.
G.
Abandonment and removal. When submitting an application for a telecommunications
facility, the applicant shall also 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 used as 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,
the land shall be restored to its previous condition, including but
not limited to the seeding of exposed soils. The Planning Board is
hereby authorized to require the applicant, as a condition of approval,
to submit a reclamation plan indicating the procedures to be undertaken
to restore the site subsequent to removal of the facilities. The Board
is also authorized to require the applicant to post an escrow deposit
with the City in an amount sufficient to ensure compliance with this
section.
