[Amended 1-16-2011 by L.L. No. 1-2011; 8-11-2011 by L.L. No.
3-2011]
A.
The Village Planning Board is hereby abolished. The powers and duties
of the Village Planning Board shall be vested in the Village Board
of Trustees, and the Village Board of Trustees shall have all of the
powers, duties and functions prescribed by Article 7 of the Village
Law of the State of New York and the Village Code. Any reference to
the "Planning Board" in Article 7 of the Village Law and the Village
Code shall mean the Village Board of Trustees. Any applications pending
before the Planning Board on the effective date hereof and which shall
have already received a Planning Board advisory opinion, recommendation
or similar act, shall not be adversely affected as a result of the
Village Board of Trustees reconsideration of such prior Planning Board
determination. Any provision of the Village Code requiring the advisory
opinion, recommendation or similar act of the Planning Board precedent
to a determination by the Board of Trustees or Board of Zoning Appeals
is hereby deleted in its entirety.
B.
The Village Board shall have exclusive authority for the granting
of special permits, zone changes and text amendments.
C.
The functions of the Village Board of Trustees prescribed herein
shall be in addition to any other review of land use activities otherwise
required by this chapter or any other applicable statutes.
D.
Where a special permit application also involves a request for variance,
prior to a decision on such issuance from the Village Board of Trustees,
a variance shall be obtained from the Zoning Board of Appeals. Conditions
attached to such variance, if any, shall be deemed binding on the
Board of Trustees.
[Amended 8-11-2011 by L.L. No. 3-2011]
The Village Board of Trustees shall make a final determination on all land use activities requiring a special permit. All special permit uses shall comply with the general regulations applicable within this chapter to the district within which such use is to be situated. In addition and as a prerequisite to the approval of any special permit use, the findings set forth in § 110-11A of this chapter shall be made. The Village Board of Trustees shall also make all final determinations with reference to applications for zone changes and text amendments.
[Amended 1-16-2011 by L.L. No. 1-2011]
The Board of Zoning Appeals shall have the authority to grant use and area variances, i.e., to vary, alter or modify the application of any of the regulations set forth in this chapter, except as otherwise provided for herein, in addition to rendering interpretations as provided for in §§ 110-26 and 110-40 of this chapter and authorizing certain land use activities pursuant to and subject to the provisions of Article 7 of the Village Law and shall have all of the powers, duties and functions set forth therein.
[Amended 1-16-2011 by L.L. No. 1-2011]
A.
Purpose. The special permit approval process seeks to ensure that certain permitted uses are established in a manner that is appropriate and compatible to a site, neighborhood and zone district. There shall no longer be provisions for the application or issuance of an "administrative permit" and all references in Chapter 110 shall be deemed to refer to a special permit.
B.
Authority. Individual special permits are assigned by the review and approval authority of the Village Board. Refer to each zone district or the supplemental regulations to determine the exact procedure for a specific land use activity or structure. As provided for under applicable provisions of New York State statutory and case law, the Village Board may also consider any other factors or concerns as it deems relevant to its review of a special permit proposal, and any such factors or concerns and any decisions based thereon are determined to be within the standards to be considered and the authority of the Village Board in relation to the grant of special permits, as if set out in detail in this § 110-11. Village Board review and approval of a special permit shall be in lieu of a site plan review and approval. As such, the special permit review and approval shall include consideration or waiver, where appropriate, of those elements required for site plan review and approval under the (New York State) Village Law and the Village Code and, in such capacity, the Village Board shall have the same authority as a planning board relative to site plan and subdivision approvals.
[Amended 8-11-2011 by L.L. No. 3-2011]
C.
Designation of land uses and/or structures. A special permit is required
for those uses or structures so designated as requiring one within
a zone (zoning) district or other sections of this chapter. These
uses or structures are hereby declared to possess characteristics
of such unique and/or special form that each shall be considered as
an individual case. Some uses or structures, specified in the specific
standards of approval, shall be subject to the satisfaction of additional
requirements and standards set forth in this section and to any other
applicable requirements of this chapter.
D.
Relationship to variances. When necessary, the simultaneous review
of a special permit with a variance for the same proposed development
may occur and shall be coordinated among the appropriate reviewing
boards. The ZBA shall review and decide on an area variance from zoning
dimensional requirements if such area variance consideration is necessary
and required by applicable law prior to final decision on the issuance
of a special permit from the Village Board. This, however, shall not
be construed to limit the waiver authority of the Village Board (which
in connection with the issuance of special permits has the site plan
review authority of a planning board).
[Amended 8-11-2011 by L.L. No. 3-2011]
E.
Procedure and application required. All special permit requests shall
be subject to public hearing and the procedures established or authorized
by this chapter or the New York State Village Law Article 7. All proposed
special permits shall be submitted on forms required by the Village.
A site plan for the proposed development of a site for a use or structure
shall accompany an application for a special permit. This plan shall
show the features of the site, the proposal and any pertinent information
in such level of detail as required by the Village Board.
F.
Appropriateness of special permit proposal. No special permit shall
be granted by the Village Board unless it finds that the use or structure
for which the special permit is sought will not, under conditions
that the reviewing board considers to be necessary or desirable, be
injurious to the neighborhood or otherwise detrimental to the public
welfare.
G.
Imposition of conditions. The Village Board may impose conditions
when approving a special permit, which conditions shall be documented
as required by the Village Board and appropriately filed in Village
offices.
H.
Limits on special permit approval.
(1)
A special permit shall be deemed to authorize only one use or structure,
unless specifically otherwise authorized by the Village Board.
(2)
Special permit authorization shall expire or be voided if the proposal
fails to be initiated by issuance of a building permit within 12 months
of approval, subject to (up to) two additional twelve-month extension
periods as granted by the Village Board.
I.
Standards of approval. This section contains general standards applicable
to all special permit uses and specialized standards applicable to
certain specified uses in addition to the general standards. All applications
for a special permit shall meet the following minimum standards of
performance:
(1)
Special permit standards of review: general.
(a)
General codes compliance. The proposed use or structure shall
comply with the applicable intent and regulations of this chapter,
including the specific zone (zoning) district in which it is located,
and to any other applicable Village, county, state or federal regulations.
(b)
Conformance to Village planning.
[1]
The proposed use or structure shall be so located and designed
that it is compatible in size and character to existing patterns of
development and land uses and/or is consistent with the long-term
development objectives for the affected portions of the Village.
[2]
The proposed use or structure shall be appropriately located
with respect to the existing pattern of streets and other facilities,
including but not limited to water, sanitary lines and drainage systems,
and will not adversely affect the functioning of these facilities
nor impede any planned improvements.
(c)
Scale of development. The scale and design of the proposed use
or structure shall be physically and visually compatible with the
conditions of the site and surrounding properties and will be developed
in a manner that ensures the provision of necessary public facilities,
improvements and landscaping.
(d)
Vehicular and pedestrian circulation and parking. There shall
be safe and efficient vehicular and pedestrian movement within the
site, to neighboring properties and in relationship to any streets
serving the site. Parking, including for tenants, guests, customers,
clients and other invitees, shall be adequate relative to the type
of use and nearby public, private on- and off-street facilities.
(e)
Public safety, services and utilities. The proposed use or structure
shall be served with adequate water supply, wastewater disposal and
drainage facilities in compliance with applicable local, state or
federal requirements and shall include satisfactory provision for
solid waste disposal, fire, police and emergency service protection,
utilities and other services necessary to support the proposed use
or structure.
(f)
Environmental resources. The proposed use or structure shall
be located, designed and operated in a manner that avoids or minimizes
disturbance of significant natural or cultural resources; is consistent
with the site's soil capabilities to accommodate the use or structure;
provides overland drainage systems and controls stormwater runoff
in a manner conforming to area-wide drainage plans and Village planning
objectives; and complies with applicable county, state or federal
regulations for significant environmental resources.
(g)
Aesthetics.
[1]
The site shall be designed to include building materials, screening,
landscaping treatments of structures, parking, drainage and storage
areas that are consistent with existing development and any other
standards or guidelines promulgated by the Village, and/or which minimize
adverse visual effects on surrounding properties or public rights-of-way.
[2]
Lighting and signage shall be appropriate in size, color and
placement for the site and the character of the surrounding area and
shall have no adverse impact on surrounding properties.
(h)
Emissions. The detection of any noise, smoke, heat or odor shall
be within limits established by this chapter or other applicable laws
or regulations. Such emissions shall be minimized and directed away
from surrounding properties. Mechanical devices or attachments associated
with these emissions are to be installed and maintained in accordance
with applicable health and safety codes and adequately screened from
view.
(i)
Neighborhood character. Consideration shall be given to the
proposed use or continuation thereof (if a nonconforming use) and
the effect of same on the character of the neighborhood, including
with respect to noise, number of occupants, tenants and the like,
intensity and frequency of activities, compatibility with nearby properties
and uses, effect(s) on condition and appearance of such properties
and the likely effect(s) on nearby properties and their respective
values.
(j)
Any other factors or criteria the Village Board may determine
relevant in relation to a particular use, such uses generally, or
to all uses subject to its special permit authority.
(2)
Special permit standards of review: specific.
(a)
Home occupation; intent. The following provisions specify and
explain the conditions under which a home occupation, not otherwise
permitted as of right, may be established and operated to allow residents
to conduct certain incidental business activities within their homes
while not altering the primary use or appearance of the property as
a residential dwelling.
[1]
Limit on number. Except as specifically authorized by the reviewing
board, there shall be only one home occupation allowed per dwelling
unit.
[2]
Applicant. The owner of the property or authorized representative
shall be the applicant in all cases.
[3]
Discontinuance. A home occupation discontinued for any reason
for a period of six consecutive months may not be reestablished without
reapplication in compliance with these regulations.
[4]
Transfer. A home occupation permit is issued to specific resident(s)
of the dwelling unit and shall terminate upon the departure of such
resident(s) and may not be transferred to new resident(s) without
the express approval of the Village Board.
[5]
Preexisting. No home occupation existing on the date of enactment
of this chapter may be modified or altered in any way except in compliance
with this section.
[6]
Employees. There shall be no nonresident employees of a home
occupation, with the following exception: one such nonresident employee
shall be permitted or, solely in the discretion of the Village Board,
such number as may be required for any profession that is mandated
by state or federal professional licenses to require a specified number
of on-premise attendants, assistants or similar employee aides.
[7]
Exterior display. To ensure that no exterior display or indication
of the activity shall be visible to the general public, the following
are prohibited, including, but not limited to:
[a]
Outdoor sales or display of items for sale.
[b]
Signs, except one identification sign measuring
a maximum of two square feet and subject to any other sign standards
in this chapter.
[c]
On-site parking of more than one commercial vehicle
associated with the home occupation, unless housed entirely in an
enclosed residential garage.
[d]
Any variation in the residential character of the
property, such as construction of a separate entrance, other exterior
structural alteration (such window and lighting modifications), or
the addition of parking area beyond what is explicitly authorized
by the Village Board.
[e]
Outdoor storage of any materials, goods, vehicles,
machinery or similar materials associated distinctly or by volume
with the home occupation.
[f]
Production by the home occupation activity of odor,
noise, lighting or vibration distinctive to such occupation.
[8]
Location. A home occupation or parts of a home occupation activity
may be located in the principal structure, accessory structures or
combination of structures. No exterior area is to be used in conjunction
with the activity, except for parking spaces as approved by the Village
Board.
[9]
Maximum extent. The maximum allowable gross floor area of a
home occupation shall be calculated based upon the total first floor
area of the principal structure. Regardless of location, the home
occupation shall not utilize more than 25% of the first floor area
of the principal structure or a cumulative total of 500 square feet,
whichever is less. All areas devoted to the use of the home occupation
shall be shown on a floor plan submitted with the special permit application
and specifically included in the approval resolution of the Village
Board.
[10]
Sales. On-premises sale of merchandise is prohibited, except where clearly incidental, secondary and subordinate to the home occupation, limited in scope, and where there is no exterior evidence of items for sale. This shall not prevent on-premises sales or mail-order handling of materials stored and shipped from off site, provided same shall not cause a violation of those standards provided at § 110-11I(1) (General) and (2) (Special) hereof.
[11]
Delivery vehicles. The home occupation shall not
increase the number or type of delivery vehicles customary to a dwelling.
[12]
Parking and pavement. A minimum and/or a maximum
number of parking spaces shall be specified by the Village Board.
The Village Board may also specify the location and extent of parking
areas.
[13]
Hours. Hours of operation shall not exceed from
8:00 a.m. to 8:00 p.m., except as may otherwise be authorized by the
Village Board.
[14]
Hazards. The home occupation shall not create
any hazard to neighboring persons or property and shall not cause
any electronic interference, excessive noise, vibration, smoke, dust,
odors, heat or glare on surrounding properties.
[15]
Group activity. The Village Board may limit the
number and locations within the property where individuals or students
may receive group services or instruction.
[16]
Multifamily dwellings. Home occupations shall
be allowed in multifamily dwellings, but only within those units that
have direct pedestrian access to the outside of the structure and
do not require any customer or client of the home occupation to use
a shared or common corridor. The Village Board may impose additional
requirements on home occupations in multiple-family dwellings for
the protection of other residents.
[17]
Additional conditions. The Village Board may impose
additional conditions upon the home occupation to preserve the residential
character of the site and neighborhood.
(b)
Drive-in service.
[1]
Vehicular circulation. The lot shall have sufficient area and
frontage for safe and efficient vehicular access, egress, internal
circulation and provision of services without adversely affecting
the flow of traffic on the abutting streets.
[2]
Vehicular stacking. Provision for the stacking of such vehicles
waiting for service as determined by the Village Board shall be maintained
on site for each drive-in service window or unit.
[3]
Landscaped buffer. On each lot line abutting a residential use,
there shall be a landscaped buffer, eight feet in width, measured
from the lot line, planted with a staggered double row of evergreen
trees installed at a height of four feet on six-foot centers and maintained
to a height of at least six feet. The Village Board may authorize
opaque fencing to be substituted for landscaping planting upon finding
that such screening would provide a more effective buffer for the
residential use.
[4]
General landscaping. A landscaped area shall be maintained (exclusive
of driveways) on all sides of the property having street frontage
or abutting nonresidential uses; treatment shall be of grass, ornamental
stone, or evergreens maintained below two feet in height, and surrounded
by curbing (wood, stone, concrete) four to six inches in height. The
landscaped area shall be of sufficient width and length for snow storage
needs and to separate the site's vehicular areas from those of abutting
uses and the streets.
(c)
Motor vehicle service and repair.
[1]
The lot shall have sufficient area and frontage for safe and
efficient vehicular access, egress, internal circulation and servicing
of vehicles without adversely affecting the flow of traffic on the
abutting streets.
[2]
Entrance or exit driveways shall be located at least 20 feet
from any side or rear lot lines and at least 75 feet from any intersecting
street right-of-way line.
[3]
All fuel pumps and service areas shall be located at least 30
feet from any street line or 30 feet from any other lot line.
[4]
All fuels, including fuel oil, gasoline or similar substances,
shall be stored in underground tanks at least 35 feet from any lot
line, and tanks shall be installed and maintained in accordance with
the current standards of the National Board of Fire Underwriters and
the New York State Uniform Fire Prevention and Building Code. Vents
must be at least 25 feet from any lot line.
[5]
Any inactive flammable liquid/fuel storage tank below grade
must be removed within six months after the dispensing of fuel or
the use of the tank has ceased.
[6]
All repair, painting, servicing or storage of parts, equipment
and containers of solvents, lubricants, waste oil and similar materials
used directly in the operation of the use (other than dispensing of
fuel, oil, water and air to vehicles) must be performed and contained
within a principal or accessory structure.
[7]
Vehicles awaiting routine repair must be stored on site, but
not between the front building line and front property line.
[8]
On each lot line abutting a residential use, there shall be
a landscaped buffer, eight feet in width, measured from the lot line,
planted with a staggered double row of evergreen trees installed at
a height of four feet on six-foot centers and maintained to a height
of at least six feet. The Village Board may authorize opaque fencing
to be substituted for landscaping planting upon finding that such
screening would provide a more effective buffer for the residential
use.
[9]
A landscaped area shall be maintained (exclusive of driveways)
on all sides of the property having street frontage or abutting nonresidential
uses; treatment shall be of grass, ornamental stone, or evergreens
maintained below two feet in height, and surrounded by curbing (wood,
stone, concrete) four to six inches in height. The landscaped area
shall be of sufficient width and length for snow storage needs and
to separate the site's vehicular areas from those of abutting uses
and the streets.
[10]
Waste disposal and similar accessory service areas
shall be adequately screened from view and maintained to avoid any
discharge of hazardous materials to the surface drainage system.
(d)
Motor vehicle sales.
[1]
All sales activities and vehicle storage or display shall be
maintained outside of required yards.
[2]
Accessory service and repair facilities shall be subject to the provisions of § 110-11I(2)(c) above.
(e)
Utilities substation.
[1]
Notwithstanding anything set forth in any other section of this
chapter to the contrary, the following public utility uses shall be
authorized within any district in the Village of Camillus only upon
the issuance of a special permit by the Village Board, upon the determination
by said Board that there is a sufficient compliance with the requirements
of this section:
[a]
Utility substation;
[b]
Public transit or railroad electric substation;
[c]
Public utility stations for gas or oil metering
and regulating;
[d]
Telephone exchange or other community equipment
substations;
[e]
Terminal facilities at river crossings for access
to electric, gas or steam lines;
[f]
Water or sewage pumping stations;
[g]
Communication towers, radio and television towers,
relay stations, or transmitting or booster antennas;
[h]
Sewage treatment plants; and
[i]
Other public utility uses which are of the same
general character as those listed above.
[2]
Utility substation procedure. The following procedure shall govern the issuance of a special permit for the public utility uses authorized in § 110-11I(2)(e)[1] above:
[Amended 8-11-2011 by L.L. No. 3-2011]
[a]
An application for a public utility permit shall
be made to the Village Board. The application for the permit shall
be on forms required by the Village Board and include a detailed graphic
plan, including a detailed landscaping plan.
[b]
The Village Board, after a public hearing, may
approve, approve with modification or condition(s), or disapprove
the application. The Village Clerk shall give notice of such hearing
by the publication of a notice in the official newspaper, specifying
the time when and the place where such hearing will be held and in
general terms describing the application. Said notice shall be published
at least 10 days prior to the day of the hearing.
[c]
The Village Code Enforcement Officer shall issue
a building permit pursuant to said approval or approval with modification
or condition(s), upon finding compliance with all other applicable
provisions of law.
[3]
Utility substation requirements and regulations.
[a]
The public utility structures and uses authorized in § 110-11I(2)(e)[1] shall conform to all the regulations of the district in which they are located and to any particular regulations which apply under other provisions of this chapter. In addition, there shall be reasonable compatibility in all respects with any structure or use in the neighborhood, actual or permitted, which may be directly and substantially affected.
[b]
Public utility structures and uses shall be situated
upon the site with consideration given for layout, public safety,
health, screening, signs, access, landscaping, driveway and highway
access, and architecture or design so that.
[i]
The flow, control and safety of traffic shall not
be adversely affected to an unreasonable degree;
[ii]
There shall be reasonable provision for open spaces
and yards, appropriate to the structure and use;
[iii]
The utility shall not be in conflict with other
utilities in the area;
[iv]
The uses and facilities affixed to the land shall
not be located closer than 20 feet to any lot line, and any television,
radio or other type of tower shall be located on a lot which is of
sufficient size so its setback will be at least the height of the
structure plus 25 feet;
[v]
All parking for service and employees shall be
on site;
[vi]
The structure shall be adequately landscaped with
year-round evergreen shrubbery and trees; and electric or gas utility
substations or water pumping stations shall be surrounded with fences,
barriers, and safety devices prescribed by the Village Board;
[vii]
The location and height of buildings, the location,
nature and height of walls, fences and other structures, and the nature
and extent of drainage and landscaping on the site shall be such that
the use will not hinder or discourage the appropriate development
and use of adjacent lands and buildings, nor impair the value thereof;
[viii]
The outside storage of equipment shall not be
permitted on the site; all lighting shall be directed away from adjacent
lots and public thoroughfares; and
[ix]
The Village Board may require additional appropriate
conditions and safeguards to minimize adverse effects on the character
of the surrounding area, including performance standards governing
noise, vibration, smoke and other particulate matter, odorous matter,
toxic or noxious matter, radiation hazards, humidity, heat or glare
applicable to the district in which such use, building or other structure,
or tract of land is located.
The Village Board of Trustees may modify the provisions of § 110-43 of this chapter pertaining to a group residence based upon a consideration of the elements hereinafter set forth:
A.
Age and mobility of prospective occupants.
B.
Nature of any custodial care and/or supervision of prospective occupants,
where required.
C.
Regulations of any agency, private or public, having jurisdiction
over a specific group residence, to the extent that such regulations
are actually imposed or are to be imposed.
D.
Accessibility to on-site or off-site active and/or passive recreational
facilities, both indoor and outdoor; retail goods and services; libraries;
places of worship; medical services; and such other facilities as
may be considered necessary and/or appropriate to the needs of the
prospective occupants.
E.
Traffic-generating characteristics of the group residence, with particular
emphasis on visitation privileges, loading requirements and the availability
and nature of public or private transportation facilities.
A.
All applications for development within areas designated as flood
hazard areas shall require a determination that all building sites
shall be reasonably safe from flooding. In making this determination,
consideration shall be given to whether or not:
(1)
The improvements are designed or modified and anchored to prevent
flotation, collapse or lateral movement of the structures.
(2)
The construction materials and utility equipment used are resistant
to flood damage.
(3)
The construction methods and practices employed will minimize flood
damage.
(4)
All public utilities and facilities, such as sewer, gas, electrical
and water systems, are located, elevated and constructed to minimize
or eliminate flood damage.
(5)
Adequate on-site drainage is provided so as to reduce exposure to
flood hazards.
(6)
New or replacement water supply systems and/or sanitary sewerage
systems are designed to minimize or eliminate infiltration of floodwaters
into the systems and discharges from the systems into floodwaters,
and on-site waste disposal systems are located so as to avoid impairment
of them or contamination from them during flooding.
B.
The Village Board of Trustees may require that the applicant submit
a certification by licensed engineers or similar professionals that
the standards contained herein are being complied with.
