The lawful use of any building or land existing
at the time of the enactment of this chapter may be continued although
such use does not conform with the provisions for the district in
which it is situated, subject to the limitations set forth below:
A. Unsafe structures. Any structure or portion thereof
declared unsafe by a proper authority may be restored to a safe condition.
B. Extension. A nonconforming use of land shall not be
extended. However, any such use may be extended throughout any parts
of a building which were manifestly arranged or designed for such
use at the time of adoption of this chapter. A nonconforming use of
a building may be changed to another nonconforming use, which, in
the opinion of the Board of Appeals, either by general rule adopted
on a request by the Zoning Administrative Officer or on a specific
finding on appeal in a particular case, is of the same or of a more
restricted classification.
C. Alterations. Alterations to any building or part thereof which is used to house a nonconforming use shall be made only on a permit issued by the Board of Appeals subject to the conditions and safeguards set forth in §
275-9 of this chapter.
D. Completion, extension or construction of buildings
originated prior to this chapter. Nothing herein contained shall require
any change in plans for construction or designated use of a building
complying with laws existing prior to this chapter, provided that
the active and substantial construction shall have been originated
prior to the enactment of this chapter, and further provided that
such construction or alteration shall be diligently prosecuted.
E. Restoration. A nonconforming building or building
used to house a nonconforming use may be restored after being damaged
or destroyed by fire or other cause provided that the nonconformity
not be increased and that restoration be completed within one year
of destruction or damage.
F. Abandonment. When a nonconforming building or use
has been abandoned for a period exceeding 12 months, it shall not
thereafter be reestablished.
G. Changes. Once changed to a conforming use, no building
or land shall be permitted to revert to a nonconforming use.
H. Displacement. No nonconforming use shall be extended
to displace a conforming use.
I. Cessation. Notwithstanding any other provisions of
this chapter, any nonconforming auto wrecking yard, junkyard, billboard,
structural advertising or sign in existence at the date of enactment
of this chapter shall, at the expiration of four years from such date,
become a prohibited and unlawful use and shall be discontinued.
[Added 11-2-2016 by L.L.
No. 4-2016]
Low-impact tree service businesses shall be subject to the granting
of a special use permit by the Town Planning Board and the following
additional requirements:
A. The property on which the low-impact tree service business is located
shall be at least five acres.
B. Any structures containing a low-impact tree service business shall
be set back at least 200 feet from the nearest residential property
line.
C. A site plan shall be prepared to scale, depicting all site amenities,
including ingress, egress, lighting, drainage, signage and such other
features as deemed necessary by the Planning Board.
D. All signage must be approved by the Town of Sullivan Planning Board.
E. The on-site hours of operation of the low-impact tree service business
shall be within the hours of 6:00 a.m. to 9:00 p.m.
F. There shall be submitted a written operation/business plan for the
low-impact tree service business which shall include a summary that
describes the proposed use, buildings, access points and hours of
operation.
G. There shall be no long-term outdoor storage associated with the low-impact
tree service business.
H. A low-impact tree service business may include a nursery for the
cultivation of trees and necessary stock.
I. Such business must front upon, have direct access to or be within
500 feet of a county or New York State highway with sufficient and
safe sight distances for ingress and egress.
J. The noise levels from the nearest residential use shall not exceed
70 dBA.
K. All exterior lighting shall be maintained so as to not shine or spill
onto neighboring properties and shall be properly shielded.
L. There shall be no non-farm- or non-nursery-related retail business
associated with the low-impact tree service business.
M. The parking of commercial vehicles on site shall be limited to only
those necessary to conduct the low-impact tree service business.
N. Parking:
(1)
No overnight parking shall be permitted.
(2)
There shall be no more than two licensed and registered vehicles
in addition to the owners'/employees' cars.
O. There shall be an annual inspection of the operations of the low-impact
tree service business conducted by the Town Code Enforcement Officer.
Any low-impact tree service business found to be out of compliance
with these regulations is subject to revocation or approval by the
Planning Board.
P. The Planning Board may establish appropriate screening and setbacks
to protect impacts to surrounding properties, including but not limited
to fencing, berms, and tree and/or hedge plantings.
Compliance with the State Environmental Quality
Review Act will be accomplished during the administration of this
chapter.
Compliance with the State Freshwater Wetlands
Act will be accomplished during the administration of this chapter.
[Added 3-4-2015 by L.L.
No. 2-2015]
A. Purpose.
(1) It is recognized that structures and establishments operated as adult
uses have serious objectionable operational characteristics. In order
to promote the health, safety and general welfare of the residents
of the Town, this section is intended to restrict adult uses to industrially
zoned areas of the Town.
(2) The Town Board hereby finds that the operational characteristics
of adult uses and the secondary effects of adult uses increase the
detrimental impact on a community when such uses are spread throughout
the community.
(3) The Town Board finds that, based upon common knowledge and experience
and studies conducted by other municipalities (including but not limited
to Syracuse, New York; Kansas City, Missouri; Bergen, New York; Scotia,
New York; Dryden, New York; and Ellicottville, New York), the adult
uses sought to be regulated herein have been associated with criminal
and other socially undesirable behavior, such as disorderly conduct,
prostitution, pornography, drug trafficking and substance abuse, which
have the resulting effects of depressing property values in the surrounding
neighborhood and increasing the burden upon law enforcement personnel
and municipal expenditures.
(4) Therefore, this section is intended to promote the health, safety
and general welfare of the residents of the Town by regulating the
concentration and location of such adult uses.
(5) This section has neither the purpose nor effect of imposing a limitation
or restriction on the content of any communicative materials, including
sexually oriented materials; neither is it the intent nor effect of
this section to condone or legitimize the distribution of obscene
material.
(6) Adult uses may be specially permitted in the Industrial District,
subject to the additional restrictions and criteria set forth herein
and as otherwise regulated under this chapter. Such uses are otherwise
prohibited throughout the Town.
B. Restrictions.
(1) No adult use shall be allowed or permitted in any zoning district
of the Town, except in an Industrial District. All adult uses shall
comply with the applicable provisions of this chapter, including those
relating to structures and uses permitted in an Industrial District.
(2) In addition, no person shall construct, establish, operate or maintain,
or be issued a certificate of occupancy for any adult use within the
Town unless such use meets the following standards:
(a)
No more than one adult use shall be allowed or permitted on
any one lot. No mixed uses involving an adult use shall be allowed.
(b)
No adult use shall be allowed or permitted on a lot that is
closer than 1,500 feet to:
[1]
A lot on which there is another adult use.
[2]
Any LR-40, MR-12, A, B, PDD or MHPD District.
[3]
Any property that is used, in whole or in part, for residential
purposes.
[4]
Any church or other regular place of worship, community center,
funeral home, library, public or private school, nursery school, day-care
center, hospital or public park, playground, recreational area, field
or trail.
[5]
Any structures used by the public for public gatherings.
(3) Where there is a conflict between the regulations as provided in
this section and any other law, rule or regulation of the Town, including
this chapter, the most restrictive law, rule or regulation shall apply.
(4) All distances set forth herein shall be measured from lot line to
lot line. Any relief from the distance buffer referenced under this
subsection shall require the issuance of a use variance.
C. Observation from public way prohibited. No adult use shall be conducted
in any manner that permits the observation of any material depicting,
describing or relating to specified sexual activities or specified
anatomical areas from any public way or from any other lot, including,
but not limited to, any lighting, display, decoration, poster, photograph,
video/DVD, sign, show, doorway, window, screen or other opening.
D. Adult uses must obtain a special use permit pursuant to the standards and procedures of §
275-9 of this article.
[Added 4-26-2003 by L.L. No. 2-2003]
A. The Planning Board of the Town of Sullivan is hereby
authorized to approve a cluster development simultaneously with the
approval of a plat or plats, both preliminary plats and final plats
as defined in § 276 of the Town Law, pursuant to Article
16 of the Town Law.
B. Approval of cluster development shall be subject to
the conditions set forth in § 278 of the Town Law and in
this chapter.
C. The zoning districts, outside the limits of the Village
of Chittenango, in which cluster development may be applied are the
following:
(2) MR-12 (Medium Density Residential);
(3) LR-40 (Low Density Residential); and
(4) PDD (Planned Development Districts).