No building or zoning permit shall be issued for any use or
activity listed in Schedule I[1] as having special conditions applied thereto (SC) or requiring a special permit (SP) until the Code Enforcement Officer is satisfied that the regulations set forth in this chapter and particularly Article IX have been complied with or a variance thereto has been duly granted.
[1]
Editor's Note: Schedule I is included as an attachment to
this chapter.
Land use or activities listed in § 308-42, Schedule I, as having "Special Conditions Applicable" shall be considered permitted when special authorization (See the definition of "special authorization."[1]) is granted by the appropriate board or Code Enforcement Officer, as the case may be, and applicable conditions as set forth in this § 308-45 are met.
A.
Conversion of existing housing into not more than four dwelling units
in A-C, L-R, M-R, and H-R. Permitted when:
(1)
The area of the lot is at least 80% of the minimum lot area which
would be required for new construction of the equivalent number of
dwelling units.
(3)
The minimum side yard requirements for the district can be complied
with.
(4)
Each of the dwellings thus created contains a separate entrance,
individual bathroom and kitchen facilities and at least 600 square
feet of floor area.
B.
Mobile home dwelling. Permitted when:
(1)
Such dwelling is located in a mobile home park except as set forth in § 308-45B(2) below.
(2)
The Code Enforcement Officer shall issue a temporary zoning permit
for a single mobile home, not located in a mobile home park, when
such mobile home is to be used as an interim dwelling in the event
a permanent residence on the lot has been damaged or destroyed. Said
mobile home shall be provided with approved water and sewage disposal
systems and tie-downs. Such temporary permit shall expire six months
from the date of issuance and the mobile home shall be removed forthwith.
An extension of such permit for not more than two additional six-month
periods may be granted by the Enforcement Officer, after which time
the mobile home shall be removed.
(3)
Dependent-care
mobile home permit. The Zoning Board of Appeals shall issue a temporary
zoning permit (one year) for a single mobile home, not located in
a mobile home park, when such mobile home is to be used as a temporary
residence for a medically dependent parent who has a proven medical
need to live close to the primary residence of the family.
[Added 4-3-1996]
(a)
The name of both the applicant (primary residence owner) and the
person(s) requiring the temporary residence shall be included on the
application and permit.
(b)
The mobile home shall be owned by the primary residence owner listed
on the application and provided with approved water and sewage disposal
systems, tiedowns, mobile home skirting, and landscaping which conforms
to the property.
(c)
The mobile home shall be placed on the property so as to conform
to all property line setbacks. Account shall be taken into the effect
on the neighboring properties, and whether an alternative to mobile
home placement is feasible. Proof and/or notarization of notification
of all neighbors who are within 500 feet of the primary residence
owner's property lines to be submitted to the Zoning Board of Appeals.
Photo/blueprint of the proposed mobile home to be submitted with the
application.
(d)
The permit shall be for a term of one year, with renewal/extension
by the Zoning Board of Appeals upon receipt of written request for
extension and proof of continued hardship submitted. Hardship verification
to include a request from a physician.
(e)
The applicant agrees to the following: Such temporary permit shall
expire 60 days after the relocation of the temporary mobile home resident(s)
named on the application. A fine shall be imposed of $100 per day
after the expiration date until the mobile home is removed at the
(primary residence) applicant's expense.
C.
Farm and related farm activity. Permitted when:
(1)
Such farm is at least five acres in area, measured to the center
line of the road.
(2)
No storage of manure or odor or dust producing substance is located
within 100 feet of an adjoining lot line.
(3)
No industrial processes that create excessive noise and disturbance
such as corn dryers shall be allowed within 200 feet of any residential
lot.
D.
Keeping and raising of horses and livestock for noncommercial purposes.
Permitted when any parcel so used is at least five acres in area,
measured to the center line of the road.
E.
Roadside stand - (See the definition of "roadside stand."[3]) Permitted when:
G.
Home occupation. Permitted when:
(1)
The use is located in an owner-occupied dwelling unit, or in a building
accessory to such a dwelling unit, and on the same lot. No more than
1,000 square feet of ground floor area in any accessory building shall
be used for such home occupation.
(2)
The use is conducted by persons living in the dwelling unit and not
more than one additional person who does not reside in such unit.
(3)
All activity, including storage, is conducted entirely within the
dwelling unit or accessory building and no special construction or
structural alteration is needed.
(4)
The use produces no unusual demand for parking and does not display or create outside the building any evidence of the home occupation except that one nonilluminated sign shall be permitted. [See § 308-45L(2)(e).]
(5)
No offensive noise, traffic, odor, smoke, dust, heat, glare or electrical
disturbance is produced by the home occupation.
(6)
An application with appropriate fee has been submitted to and approved
by the Building and Zoning Department and a permit is issued.
H.
Scientific research, manufacturing, fabrication, storage, food processing,
general processing, assembly or packaging, warehousing and similar
land use activity. Permitted when the following standards and regulations
for such activity can be complied with:
(1)
Dust, smoke, smog, observable gas, fumes, odors or other atmospheric
pollution will not be noticeable beyond the property line.
(2)
Objectionable noise, glare or vibration shall not be created.
(3)
No activity shall create a physical hazard by reason of fire, explosion,
radiation or other such cause to persons or property in the same or
adjacent district.
(4)
There shall be no discharge of any liquid or solid waste into any
stream or body of water or any public or private disposal system or
into the ground, or any materials of such nature as may contaminate
any water supply, including groundwater supply.
(5)
There shall be no storage of any material either indoors or outdoors
in such a manner that it facilitates the breeding of vermin or endangers
health in any way.
(6)
The emission of smoke, fly ash or dust which can cause damage to
the health of persons, animals or plant life or to other forms of
property is prohibited.
(7)
All industrial processes shall take place within an enclosed building.
Incidental storage of materials out of doors is permitted.
(8)
All such uses shall be set back from any side or rear property line
a minimum of 25 feet or a distance equal to the height of the building,
whichever is greater, and shall provide and maintain a planted buffer
strip for a visual screen between the industrial use and adjoining
properties.
(9)
Improved fire lanes shall be provided subject to review and approval
by the Marion Fire Department.
(10)
All appropriate requirements of the New York State Uniform Fire
Prevention and Building Code shall apply.
I.
Migrant labor camp. Permitted when such camp provides seasonal occupancy only, for one or more persons, and complies with the provisions of Title 10, Chapter 1, New York State Sanitary Code, Part 15, with certification of compliance from the Health Department. A mobile home may be used for a migrant camp dwelling when approved by the Health Department and any other regulatory agency with jurisdiction.
J.
Outdoor storage of not more than one each of boat, boat trailer, cargo trailer, camp trailer, snowmobile or similar seasonal vehicle. Permitted when such vehicle(s) are owned for personal use by a resident on the property, are in operating condition and conform to § 308-9G.
K.
Contractor's operation. Electrical, heating, plumbing, masonry, roofing,
carpentry and similar activities. (Excluding heavy equipment operations.)
Permitted when:
(2)
No sign greater than two square feet in area is installed.
(3)
There is no outside storage of material, supplies or products.
(4)
The owner and operator of the business must reside on same premises
as the business.
(6)
Accessory buildings used in conjunction with the contractor's operation
may not exceed a ground floor area greater than 1,500 square feet.
L.
Sign. Permitted when erected and maintained in compliance with the
following provisions:
(1)
General.
(a)
A zoning permit shall be required for the erection, or alteration, of any sign except as may be otherwise set forth in § 308-45L(2) of this Article IX.
(b)
Signs must be constructed of durable materials and maintained
in good condition. If allowed to become dilapidated, they shall be
repaired or removed within 30 days, by direction of the Code Enforcement
Officer, at the owner's expense.
(c)
Signs, other than an official traffic sign, shall not be erected
within the right-of-way lines of any street.
(d)
Signs shall not project beyond property lines and/or right-of-way.
(e)
All temporary signs erected for a special event shall be removed by the property owner or the individual requesting the placement of such signs when the circumstances leading to their erection no longer apply, unless otherwise specified in this § 308-45L.
(f)
For identical signs painted or installed on opposite sides of
a board, standard or structure, only one side shall be measured in
determining the area of such sign.
(2)
Signs for which a zoning permit is not required. The following types
of signs are permitted without a zoning permit when such signs, if
illuminated, are nonflashing:
(a)
Nameplates and identification signs not larger than two square
feet in area.
(b)
Real estate sale or rental signs not larger than six square
feet in area.
(c)
Institutional signs (churches, schools, etc.) not larger than
20 square feet in area and not less than 25 feet from a street line.
(d)
Temporary development signs which must be removed within 60
days after the construction is completed.
(e)
Home occupation signs which are to be not larger than two square
feet.
(f)
Temporary political signs which must be removed within seven
days from the date of the election to which they pertain.
(3)
Signs identifying or advertising a permitted business or industry.
(a)
Such signs must be located on the same premises as the land
use activity they identify or advertise.
(b)
One sign may be placed on the front of a building for each permitted
land use or activity. Unless otherwise specified in this chapter,
such signs shall have a total area no greater than 5% of the area
of the facade upon which it is located, with a maximum size of 50
square feet, shall not project more than 30 inches and, if illuminated,
shall not be flashing or otherwise animated.
(c)
As an alternative to Subsection L(3)(b) above, each permitted land use activity, unless otherwise specified in this chapter, may have one freestanding sign which shall not exceed 25 square feet in area nor 15 feet in height. Such signs shall not extend over the property line and, if illuminated, shall not be flashing or otherwise animated.
(d)
As an alternative to Subsection L(3)(b) and (c) above, each permitted land use activity, unless otherwise specified in this chapter, may have one wall sign and one freestanding sign provided that the total area of both such signs does not exceed 50 square feet and the free standing sign does not exceed 20 square feet in area.
(e)
No signs shall be located on the roof of a building.
(f)
The limitation on sign area for business or industrial activities
shall not apply to parking lot markers, directional signs, entrance
and exit signs and similar signs erected on the premises provided
that such signs do not exceed six square feet in area on any one side
and contain no advertising.
(4)
Outdoor advertising signs (billboards). Such signs are not permitted
in the Town of Marion.
M.
Cluster Residential Development in A-C, L-R, M-R and H-R Districts.
(1)
Planning Board approval of a site plan, in accordance with the provisions of §§ 308-34B(3) and 308-35 of this chapter, is required.
(2)
The project shall encompass a minimum land area of five acres and gross density shall not be more than the applicable density permitted for one-family dwellings in § 308-43, Schedule II.
(3)
The Planning Board shall be assured that any land designated permanent
open space shall remain undeveloped, and in no case shall this land,
exclusive of wetlands, flood hazard, and other bodies of water, be
less than 25% of the total project area. Such land shall be offered
for dedication to the Town Board. The Town Board is under no obligation
to accept the dedication.
(4)
Planning Board review and determination shall be based on how well
the proposed cluster development achieves the objective of providing
adequate and efficient street layout, attractive building sites, adequate
and economic utility installations and the preservation of natural
and scenic qualities of open land.
(5)
To determine the number of dwelling units permitted in a cluster development pursuant to the provisions of § 278 of Town Law, the Planning Board may require the applicant to prepare a sketch plan of a conventional subdivision meeting all applicable standards of this chapter and Chapter 245, Subdivision of Land, of the Town of Marion, and all applicable state and federal regulations including sanitary, wetlands, and flood hazard standards.[4]
N.
Public utility substation and transmission line in all districts.
(1)
Planning Board approval of a site plan, in accordance with the provisions of § 308-34B(3) of this chapter, is required.
(2)
The proposed installation in a specific location shall be necessary
and convenient for the efficiency of the public utility system or
the satisfactory and convenient provision of service by the utility
to the neighborhood or area in which the particular use is to be located.
(3)
The design of any building in connection with such facility shall
conform to the general character of the area and will not adversely
affect the safe and comfortable enjoyment of property rights of the
zone in which it is located.
(4)
Adequate and attractive fences and other safety devices will be provided
around all substations.
(6)
The sighting of any substation building or transmission line shall
be such that any negative visual impact is minimized.
(7)
The Town Board shall determine that there are no serious health hazards
related to such installation in order for approval to be granted.
O.
Shopping Center in A-C, L-R, and B-1 Districts.
(1)
Planning Board approval in accordance with the provisions of § 308-34B(3) of this chapter, is required.
(3)
Shall include at least five acres under single ownership or control.
(4)
Off-street parking and loading shall be provided in accordance with the standards set forth in § 308-45F of this chapter.
(5)
Parking areas shall be provided with islands, trees, berm and other
forms of landscaping to visually interrupt large areas of pavement.
Parking areas shall be separated from any property line by a landscaped
buffer strip at least 25 feet wide.
(6)
One freestanding sign of 150 square feet or less shall be permitted for each center, plus one facade sign for each establishment located on or near such establishment as determined by § 308-45L(3)(b) of this chapter.
(7)
All site lighting used in the shopping center shall be designed and
located so as to produce no glare on adjacent property and roads.
P.
Planned unit development (PUD) in all districts. The following regulations
shall apply in all Planned Development Districts which may be created
to enable the unified development of a substantial land area with
such combination of structures and uses as shall be appropriate to
an integrated plan for the area.
(1)
Statement of intent and objectives.
(a)
Intent.
[1]
It is the intent of this Planned Unit Development (PUD) Section
to provide flexible land use and design regulations through the use
of performance criteria so that small-to-large scale neighborhoods
or portions thereof may be developed within the Town that incorporate
a variety of residential types and nonresidential uses, and contain
both individual building sites and common property which are planned
and developed as a unit. Such a planned unit is to be designed and
organized so as to be capable of satisfactory use and operation as
a separate entity without necessarily needing the participation of
other building sites or other common property in order to function
as a neighborhood. This section specifically encourages innovations
in residential development so that the growing demands for housing
at all economic levels may be met by greater variety in type, design,
and siting of dwellings and by the conservation and more efficient
use of land in such developments.
[2]
This section recognizes that while the standard zoning function (use and bulk) and the subdivision function (platting and design) are appropriate for the regulation of land use in areas or neighborhoods that are already substantially developed, these controls represent a type of preregulation, regulatory rigidity and uniformity which may be inimical to the techniques of land development contained in the planned unit development concept. Further, this section recognizes that a rigid set of space requirements along with bulk and use specifications would frustrate the application of this concept. Thus, where PUD techniques are deemed appropriate through the rezoning of land to a Planned Unit Development District by the Town Board, the set of use and dimensional specifications elsewhere in this chapter (See § 308-42, Schedule I, and § 308-43, Schedule II.) are herein replaced by an approved process in which an approved plan becomes the basis for continuing land use controls.
(b)
Objectives. In order to carry out the intent of this section,
a PUD shall achieve the following objectives:
[1]
A maximum choice in the types of environment, occupancy tenure
(e.g., cooperatives, individual ownership, condominium, leasing),
types of housing, lot sizes and community facilities available to
existing and potential Town residents at all economic levels;
[2]
More usable open space and recreation areas;
[3]
More convenience in location of accessory commercial and service
areas;
[4]
The preservation of trees, outstanding natural topography and
geologic features and prevention of soil erosion;
[5]
A creative use of land and related physical development which
allows an orderly transition of land from rural to urban uses;
[6]
An efficient use of land resulting in smaller networks of utilities
and streets and thereby lower housing costs;
[7]
A development pattern in harmony with the objectives of the
Comprehensive Plan;
[8]
A more desirable environment than would be possible through
the strict application of other requirements of this chapter.
(2)
General requirements for planned unit development.
(a)
Minimum area. Under normal circumstances, the minimum area requirements
to qualify for a Planned Unit Development District shall be 75 contiguous
acres of land. Where the applicant can demonstrate that the characteristics
of his holdings will meet the objectives of this section, the Planning
Board may consider projects with less acreage.
(b)
Ownership. The tract of land for a project may be owned, leased
or controlled either by a single person, or corporation or by a group
of individuals or corporations. An application must be filed by the
owner or jointly by owners of all property included in a project.
In the case of multiple ownership, the approved plan shall be binding
on all owners.
(c)
Location of PUD District. The PUD District shall be applicable
to any area of the Town where the applicant can demonstrate that the
characteristics of his holdings will meet the objectives of this section.
(d)
Permitted uses. All uses within an area designated as a PUD
District are determined by the provisions of this section and the
approval of the project concerned. The proposed use shall not adversely
affect surrounding development outside the PUD area.
[1]
Residential uses. Residences may be of any variety of types. In developing a balanced community, the use of a variety of housing types and densities shall be deemed most in keeping with this section. In keeping with the objectives found in § 308-45P(1)(b)[1] and [6], the developer must demonstrate that he/she is reaching as broad an economic market as possible. In making these determinations, the Planning Board shall consider the size of the site, its location with respect to community services and facilities, transportation, and area-wide market surveys as are available from several sources in Wayne County. Developers may avail themselves of such state, federal and other housing programs as may be available to accomplish these objectives.
[2]
Commercial, service and other nonresidential uses.
[3]
Public and private institutional and recreational facilities.
[4]
Office, research and manufacturing uses.
[5]
Open space.
(e)
Intensity of land use. Because land is used more efficiently
in a PUD District, improved environmental quality can often be produced
with a greater number of dwelling units per gross building area than
usually permitted in traditionally zoned districts. The Town Board
shall determine in each case the appropriate land use intensity and/or
dwelling unit density for individual projects. The determination of
land use intensity ratings or dwelling unit densities shall be completely
documented, including all facts, opinions and judgments justifying
the selection of the rating or density.
(f)
Common property in the PUD. Common property in a PUD District
is a parcel or parcels of land, together with the improvements thereon,
the use and enjoyment of which is shared by the owners and occupants
of the individual building sites and surrounding community. When common
property exists, unless approved by the Town Board as public property,
the ownership of such property shall remain private. When common property
exists in private ownership, satisfactory arrangements must be made
for the improvement, operation and maintenance of such common property
and facilities, including private streets, drives, service and parking
areas and recreational and open space areas. The Town Board reserves
the right to approve or disapprove such arrangements.
(g)
Roads and utilities. The developer shall provide all necessary
water and sewer facilities, storm drainage, highway access, paved
streets, parking and loading facilities, streetlighting, sidewalks,
and/or paved gutters and curbs as shall be required by the Planning
Board except as may otherwise be provided through state, county or
federal programs.
(3)
Planned unit development application procedure and PUD District approval
process.
(a)
General. Whenever any planned unit development is proposed,
before any permit for the erection of a permanent building in such
planned unit development shall be granted, and before any subdivision
plat of any part thereof may be filed in the office of the Wayne County
Clerk, the developer or his/her authorized agent shall apply for and
secure approval of such planned unit in accordance with the following
procedures.
(b)
Application for sketch plan approval.
[1]
In order to allow the Planning Board and the developer to reach
an understanding on basic design requirements prior to detailed design
investment, the developer shall submit 12 copies of a sketch plan
of his proposal to the Planning Board. The sketch plan shall be approximately
to scale, though it need not be to the precision of finished engineering
drawing. The developer should be aware that at all subsequent stages,
plans must be prepared by professionally competent site planners.
Thus, he is advised to engage such persons at the earliest necessary
time. The sketch plan shall clearly show the following information:
[a]
The location and type of the various uses and their
areas in acres;
[b]
The general outlines of the interior roadway system
and all existing rights-of-way and easements, whether public or private;
[c]
Delineation of the various residential areas indicating
for each such area its general extent, size and composition in terms
of total number of dwelling units, approximate percentage allocation
by dwelling unit type (i.e., single-family detached, duplex, townhouse,
garden apartments, high-rise), and general description of the intended
market structure (i.e., luxury, middle-income, moderate-income, elderly
units, family units, etc.); plus a calculation of the residential
density in dwelling units per gross acre (total area including interior
roadways) for each such area;
[d]
The interior open space system;
[e]
The overall drainage system;
[f]
If grades exceed 3%, or portions of the site have
a moderate-to-high susceptibility to erosion or a moderate-to-high
susceptibility to flooding and ponding, a topographic map showing
contour intervals of not more than five feet of elevation shall be
provided along with an overlay outlining the above susceptible soil
areas, if any;
[g]
Principal ties to the community at large with respect
to transportation, water supply, and sewage disposal;
[h]
General description of the provision of other community
facilities, such as schools, fire-protection services, and cultural
facilities, if any, and some indication of how these needs are proposed
to be accommodated;
[i]
A location map showing uses and ownership of abutting
lands.
[2]
In addition, 12 copies of the following documentation shall
accompany the sketch plan:
[a]
Evidence of how the developer's particular mix
of land uses meets existing community demands to include area-wide
as well as local considerations;
[b]
Evidence of the developer's compliance with the provisions of § 308-45P(2)(d)[1], with respect to the provision of an adequate mix of housing for all economic levels;
[c]
Evidence that the proposal is compatible with the
goals of local and area-wide Comprehensive Plans, if any;
[d]
Evidence as may be required by the Planning Board
in Subsection P(3)(b)[2][a], [b], [c], above, may be in the form of
specific studies or reports initiated by the developer or in the form
of references to existing studies or reports relevant to the project
in question;
[e]
General statement as to how common open space is
to be owned and maintained;
[f]
If the development is to be staged, a general indication of how the staging is to proceed. Whether or not the development is to be staged, the sketch plan of this section shall show the intended total project [See § 308-45P(4)(d).];
[g]
Evidence of any sort in the applicant's own behalf
to demonstrate his competence to carry out the plan and his awareness
of the scope of such a project, both physical and financial.
[3]
The Planning Board shall review the sketch plan and its related
documents; and shall render either a favorable report to the Town
Board or an unfavorable report to the applicant.
[a]
A favorable report shall include a recommendation
to the Town Board that a public hearing be held for the purpose of
considering establishment of a PUD Zoning District. It shall be based
on the following findings which shall be included as part of the report:
[i]
The proposal conforms to the Comprehensive Plan.
[ii]
The proposal meets the intent and objectives of planned unit development as expressed in § 308-45P(1).
[iii]
The proposal meets all the general requirements of § 308-45P(2).
[iv]
The proposal is conceptually sound in that it
meets local and area-wide needs and it conforms to accepted design
principles in the proposed functional roadway and pedestrian system,
land use configuration, open space system, drainage system, and scale
of the elements both absolutely and to one another.
[v]
There are adequate services and utilities available
or proposed to be made available in the construction of the development.
[b]
An unfavorable report shall state clearly the reasons
therefor and, if appropriate, point out to the applicant what might
be accomplished in order to receive a favorable report. The applicant
may, within 10 days after receiving an unfavorable report, file a
petition to the Town Board for establishing a PUD District. The Town
Board may then determine on its own initiative whether or not it wishes
to call a public hearing and consider rezoning the subject site to
a PUD District.
[4]
The Chairman of the Planning Board shall certify when all of
the necessary application material has been presented; and the Planning
Board shall submit its report to the Town Board within 60 days of
such certification. If no report has been rendered after 60 days,
the applicant may proceed as if a favorable report were given to the
Town Board.
(c)
Petition and public hearing for PUD districting.
[1]
Upon receipt of a favorable report from the Planning Board,
or upon its own determination subsequent to an appeal from an unfavorable
report, the Town Board shall set a date for and conduct a public hearing
for the purpose of considering PUD districting for the applicant's
plan in accordance with the procedures established under §§ 264
and 265 of the Town Law or other applicable law. Said public hearing
shall be conducted within 62 days of the receipt of the favorable
report or the decision on appeal from an unfavorable report.[7]
[2]
The Town Board shall refer the application to the County Planning
Board for its analysis and recommendations; pursuant to the provisions
of § 239-m of the General Municipal Law and the provisions
of this section and the Town Board shall also refer the application
to the Town Engineer for his review.
[a]
The Town Board shall give the County Planning Board
at least 30 days to render its report.
[b]
The Town Engineer shall submit a report to the
Town Board within 30 days of the referral, duly noting the feasibility
and adequacy of those design elements under his sphere of interest.
This report need only concern itself at this time with general conceptual
acceptance or disapproval, as the case may be, and in no way implies
any future acceptance or rejection of detailed design elements as
will be required in the later site plan review stage. The Town Engineer
may also state in his report any other conditions or problems that
must be overcome before consideration of acceptance on his part.
(d)
Zoning for planned unit development. If the Town Board grants the PUD districting, the Zoning Map shall be so notated. The Town Board may, if it feels it necessary in order to fully protect the public health, safety, and welfare of the community, attach to its zoning resolution any additional conditions or requirements for the applicant to meet. Such requirements may include, but are not confined to, visual and acoustical screening, land use mixes, order of construction and/or occupancy, circulation systems both vehicular and pedestrian, availability of sites within the area for necessary public services such as schools, fire houses, and libraries, protection of natural and/or historic sites, and other such physical or social demands. The Town Board shall state at this time its findings with respect to the land use intensity or dwelling unit density as called for in § 308-45P(2)(e).
(4)
Site plan approval process.
(a)
Application for preliminary site plan approval. Application for preliminary and final site plan approval shall be to the Planning Board and shall be accompanied by information prepared by a licensed engineer, architect and/or landscape architect following requirements, procedures and development standards outlined in the Chapter 245, Subdivision of Land, of the Code of the Town of Marion. In its review the Planning Board may consult with the Town Engineer and other Town and county officials, as well as with representatives of federal and state agencies including the Soil Conservation Service and the New York State Department of Conservation. The Planning Board may also require such additional provisions and conditions that appear necessary for the public health, safety and general welfare. (See Chapter 245, Subdivision of Land.)
(b)
In addition to requirements and development standards stated in Chapter 245, Subdivision of Land, the following shall be included for consideration:
[1]
Adequacy and arrangement of pedestrian traffic access and circulation
including intersections, road widths, channelization structures and
traffic controls.
[2]
Adequacy and arrangement of pedestrian traffic access and circulation
including: separation of pedestrian from vehicular traffic, walkway
structures, control of intersections with vehicular traffic, and pedestrian
convenience.
[3]
Location, arrangement, appearance and sufficiency of off-street
parking and loading.
[4]
Location, arrangement, size and design of buildings, lighting
and signs.
[5]
Relationship of the various uses to one another and their scale.
[6]
Adequacy, type and arrangement of trees, shrubs and other landscaping
constituting a visual and/or a noise deterring buffer between adjacent
uses and adjoining lands.
[7]
Adequacy and distribution of usable open space for playgrounds
and informal recreation.
[8]
Adequacy of stormwater and sanitary waste disposal facilities.
[9]
Adequacy of structures, roadways and landscaping in areas with
moderate to high susceptibility to flooding and ponding and/or erosion.
[10]
Protection of adjacent properties against noise,
glare, unsightliness, or other objectionable features.
[11]
Overall environmental impact.
[12]
Conformance with other specific charges of the
Town Board which may have been stated in the zoning resolution.
[13]
The proposed design shall take full advantage
of the possibilities for a unified development which preserves scenic
features and physical amenities of the site.
[14]
All buildings shall be arranged so as to be accessible
to service and emergency vehicles.
[15]
Approved utility support systems (water, sewerage,
electricity) shall be required. Electric distribution and telephone
lines shall be put underground.
[16]
All provisions of this chapter related to signs
and off-street parking and loading shall be complied with as shall
any other provisions imposed in the review process.
[17]
Any proposed nonresidential land uses shall be
compatible in nature, size and location with the surrounding neighborhood
and shall not create detrimental influences inside or outside the
boundaries of the PUD.
(c)
Request for changes in sketch plan. If in the site plan development
it becomes apparent that certain elements of the sketch plan, as it
has been approved by the Town Board, are unfeasible and in need of
significant modification, the applicant shall then present his solution
to the Planning Board as his preliminary site plan in accordance with
the above procedures. The Planning Board shall then determine whether
or not the modified plan is still in keeping with the intent of the
zoning resolution. If a negative decision is reached, the site plan
shall be considered as disapproved. The developer may then, if he
wishes, produce another site plan in conformance with the approved
sketch plan. If an affirmative decision is reached, the Planning Board
shall so notify the Town Board stating all of the particulars of the
matter and its reasons for feeling the project should be continued
as modified. Preliminary site plan approval may then be given only
with the consent of the Town Board.
(d)
Staging. If the applicant wishes to stage his development, and
he has so indicated as per § 308-45P(3)(b)[2][f], then he
may submit only those stages he wishes to develop for site plan approval
in accordance with his staging plan. Any plan which requires more
than 24 months to be completed shall be required to be staged; and
a staging plan must be developed. It is the intent of this chapter
that individual stages of the PUD will have an integrity of use in
their own right so that, if for any reason, the entire PUD would not
be completed, those portions of the PUD already constructed will be
an asset to the community by themselves. Staging plans must take account
of this objective, and developers proposing individual stages that
deviate significantly from the overall character of the PUD should
present convincing evidence that such a stage is indeed in keeping
with this section.
(5)
Other regulations applicable to planned unit developments.
(a)
Regulation after initial construction and occupancy. For the
purpose of regulating development and use of property after initial
construction and occupancy, any changes other than use changes shall
be processed as a special permit request to the Planning Board. Use
changes shall also be in the form of a request for special permit
except that Town Board approval shall be required. It shall be noted,
however that properties lying in Planned Unit Development Districts
are unique and shall be so considered by the Planning Board or Town
Board when evaluating these requests; and maintenance of the intent
and function of the planned unit shall be of primary importance.
(b)
Land development regulations and construction specifications.
All provisions of the Land Development Regulations and construction
specification currently in use by the Planning Board shall be applicable
for development under this section.
(6)
Financial responsibility. No building permits shall be issued for construction within a PUD District until improvements are installed or performance bond or letter of credit posted in accordance with the same procedures as provided for in § 245-8 of Chapter 245, Subdivision of Land, of the Code of the Town of Marion. Other such requirements may also be established from time to time by the Town Board. Cost of the Town Engineer review and site inspections shall be born by the applicant. (See § 308-30, Fees, deposits and securities.)
A.
General requirements. Authorization for any special permit may be conditioned upon the provision of adequate safeguards to protect the health, safety and general welfare of the public and to mitigate possible detrimental effects on adjacent property. To this end, before a special permit is authorized, the Zoning Board of Appeals shall have determined that the following general requirements will be complied with as well as any other applicable requirements for certain special land uses and activities as may be set forth in § 308-46B of this chapter.
(1)
That the land use activity is so designed, located and proposed to
be operated that the public health, safety, welfare and convenience
will be protected.
(2)
That existence of the proposed land use activity will not cause substantial
injury to the value of other property in the neighborhood where it
is to be located.
(3)
That the proposed land use activity will be compatible with adjoining
development and the implied character of the zone district where it
is to be located.
(4)
That adequate landscaping and screening is provided as may be required in § 308-46B of this chapter.
(5)
That adequate off-street parking and loading are provided and ingress
and egress are so designed as to cause minimum interference with traffic
on abutting streets.
(6)
That the proposed development shall minimize erosion and shall not
produce increased surface water runoff onto abutting properties.
(7)
That existing public roads and utilities serving the proposed project
shall be determined to be adequate.
B.
Specific requirements. In addition to the general requirements for a special permit as set forth above, the specific requirements for certain special land use activities, as set forth in this § 308-46B, shall be complied with.
(1)
Multiple-family dwelling (new construction) in A-C, L-R, and M-R
Districts.
(a)
The applicant shall submit to the Zoning Board of Appeals a
site plan showing all proposed structures, roadways, pathways, parking
areas, recreation areas, water, sewer and site lighting installations
and landscaping. Also to be shown on such site plan are existing structures,
drainage ways, large trees or tree masses, wetland or floodplain areas
and adjacent land uses within 200 feet from the proposed multiple-family
site.
(b)
In making its review and determination the Zoning Board of Appeals
shall be satisfied that vehicular access is adequate in terms of location,
size, grade, visibility and design, that parking is adequate, well
constructed and efficiently located, that suitable provision has been
made for light, air and privacy in the arrangement of buildings and
that landscaping of parking areas, driveways and open space will be
provided.
(2)
One or more dwellings on upper floors of a commercial structure in
B-1 District.
(3)
Professional business offices. Permitted when:
(a)
A site plan has been reviewed by the Planning Board, including
placement of buildings, parking and loading provisions and design
and placement of any sign proposed.
(b)
No parking space is less than eight feet from any property line.
(c)
Parking areas which accommodate more than 10 cars are landscaped
in accordance with an approved plan.
(4)
Kennel in A-C District. Pens and exercise runways shall be completely enclosed within a building or, if not so enclosed, shall be located at least 300 feet from any property line. (See § 308-46A. General requirements are applicable.)
(5)
Neighborhood convenience retail store in M-R, H-R, and B-1 Districts.
(a)
Zoning Board of Appeals approval, in accordance with the provisions of § 308-32B(6)(a), (b) and (c) of this chapter, is required.
(b)
Required off-street parking shall be set back from any property
line by a landscaped buffer strip at least 10 feet wide and shall
be provided with well-defined and safe driveways no greater than 30
feet in width.
(6)
Vehicle body shop I-1 Districts. Areas used for the temporary parking of vehicles awaiting repair shall be located no less than 50 feet from any street line and 75 feet from the property line of any adjacent residential lot. Such storage areas shall be screened from direct public view by trees, shrubs, and/or other forms of landscaping as may be required, such as visually solid fencing. (See § 308-46A. General requirements are applicable.)
(7)
Planned business area in B-1 and I-1 Districts.
(a)
Planning Board review and recommendation of a site plan, in accordance with the provisions of §§ 308-32B(10) and 308-34B(2) of this chapter, is required.
(b)
Only uses similar to those permitted in the B-1 District shall
be permitted in a planned business area.
(c)
The proposed development shall be constructed in accordance
with an overall plan for the entire area and shall be designed with
a single architectural scheme with appropriate common landscaping.
The development shall provide initially for the construction of either
a minimum of 8,000 square feet of ground floor area or a minimum of
six establishments.
(d)
Parking areas shall be provided with islands of trees, berm
and other forms of landscaping to visually interrupt large areas of
pavement. Parking areas shall be separated from any street or adjacent
residential property line by a landscaped buffer strip at least 25
feet wide.
(e)
All site lighting shall be designed and located so as to produce
no glare on adjacent property and roads.
(8)
Motor vehicle fuel station, including self-service, and gasoline-convenience
mart in M-R and B-1 Districts.
(a)
Zoning Board of Appeals approval and Planning Board review and recommendation of a site plan, in accordance with the provisions of §§ 308-32B(10) and 308-34B(2) of this chapter, is required.
(b)
The site plan submitted shall show the number and location of
fuel tanks to be installed, the dimensions and capacity of each storage
tank, the depth the tanks will be placed below the ground, the number
and location of pumps to be installed and the type of structure and
accessory buildings to be constructed.
(c)
No motor vehicle service station or public garage shall be located
within 500 feet of any public entrance to a church, school, library,
hospital or place or public assembly. Such distance shall be measured
in a straight line from said public entrance to the lot line nearest
said entrance along the street line.
(d)
All fuel pumps shall be located at least 20 feet from any street
or property line.
(e)
Any repair of motor vehicles shall be performed in a fully enclosed
building and not more than five motor vehicles shall be offered for
sale on the site. No motor vehicle parts or partially dismantled motor
vehicles shall be stored outside of an enclosed building.
(f)
Where a motor vehicle service station abuts an existing residential
lot, it shall be screened by a buffer strip no less than 10 feet in
depth composed of evergreen shrubbery, solid fencing or a combination
of both which, in the opinion of the Zoning Board of Appeals, will
be adequate to prevent the transmission of headlight glare across
the zone boundary line. Such buffer strip shall have a minimum height
of six feet above finished grade. The materials used shall be in keeping
with the character of the adjacent residential area. If said shrubbery
becomes decayed and fails to provide an adequate screen, the Code
Enforcement Officer may direct the property owner to replace such
shrubs.
(g)
Access drives shall be well-defined by curbs and shall be no
greater than 30 feet in width.
(h)
In addition to the sign requirements specified in § 308-45L(3)(b) of this chapter, each motor vehicle service station shall be permitted to have one freestanding sign, provided that such sign shall not exceed 20 square feet in area on either of two sides and shall be hung within the property line and no less than 10 feet, nor more than 25 feet, above the ground.
(9)
Heavy equipment operations in A-C and I-1 Districts.
(a)
Equipment shall be stored in an enclosed building.
(b)
Maintenance and repair shall be done within an enclosed building.
(c)
Shall be no outdoor storage of products or materials.
(d)
The number of vehicles shall be limited to that established
by the Zoning Board of Appeals.
(e)
Expansion of such business shall be in accordance with § 308-25D(3) of this chapter.
(10)
Excavation operation in A-C District.
(a)
Planning Board review and recommendation of a site plan, in accordance with the provisions of §§ 308-32B(10) and 308-34B(2) of this chapter, is required.
(b)
A plan for restoration of the excavation area, including the
dismantling and removal of buildings and equipment and proposed final
contour lines, shall be submitted with the special permit application.
(c)
The minimum lot area for any such use shall be 10 acres; all
buildings and excavation operations shall be located or shall occur
not less than 200 feet from any street or property lines. Where excavations
are to exceed a depth of four feet, the Zoning Board of Appeals may
require fencing or some similarly effective barrier at least six feet
in height.
(d)
Such use will not be permitted when, the character of the surrounding
land is essentially residential; that is, when an area within 2,500
feet of the proposed excavation lot is developed for housing to the
extent of 50% of the maximum density possible.
(e)
All excavations not made to a water-producing depth must be
graded and backfilled. Deeper excavations shall be properly sloped
and seeded to the water line with bank slanted to reduce erosion.
(f)
The Zoning Board of Appeals may require a performance bond or
some other financial guarantee that the conditions of the granting
of the special permit are carried out.
(11)
Community residence and family care facility in A-C, L-R, M-R
and H-R Districts.
(12)
Mobile home park in A-C District.
(a)
Authorization. A mobile home park will be permitted in an A-C District only, when the Zoning Board of Appeals has determined that the provisions of this § 308-46B(12) have been complied with. Planning Board site plan review and recommendation to the Zoning Board of Appeals is required.
(b)
Renewable special permit. When authorized by the Zoning Board of Appeals, the Code Enforcement Officer shall issue a renewable special permit for a mobile home park, which permit shall be renewed every two years from the date of first issuance. Such renewal will be made after the Code Enforcement Officer has determined that no violations of this § 308-46B(12) or of the conditions of the special permit, have been found. Any change of ownership shall require that the special permit be renewed within 60 days of taking possession of the park.
(c)
Application. Application for a permit for a mobile home park
shall be submitted to the Code Enforcement Officer in triplicate and
shall include:
[1]
Name and address of the applicant and name and address of owner
of land where the park is to be located.
[2]
Map showing the general location of the park and its relationship
to the existing road system.
[3]
Preliminary plan of the park showing how the environmental standards set forth in this § 308-46B(12) have been met.
[4]
Provisions for water supply and sewage disposal.
[5]
Topography and soils of the site including all areas which are
wet or subject to flooding.
[6]
Construction standards for all park roadways.
[7]
A statement of all contemplated rules, regulations, restrictions
and fees applying in the park including entrance requirements, management
and tenant responsibilities, entrance or exit fees and security deposits.
(d)
Procedure.
[1]
The Code Enforcement Officer shall transmit one copy of the
application to the Zoning Board of Appeals, one copy to the Planning
Board for site plan review and shall retain one copy.
[2]
The Planning Board shall make recommendation on site plan to the Zoning Board of Appeals [See §§ 308-34B(2) and 308-32B(10).], whereupon the Zoning Board may approve, conditionally approve, or disapprove the proposed mobile home park in accordance with § 308-32B(5), (6) and C of this chapter.
[3]
Upon conditional approval of the application by the Zoning Board
of Appeals, the applicant shall proceed with final plans incorporating
any conditions attached to said conditional approval. Such final plans
must be reviewed and approved by the Zoning Board of Appeals.
[4]
Upon final site plan approval for all or a portion of the proposed
park, the renewable special permit shall be issued by the Code Enforcement
Officer for the approved portion of the park.
(e)
Environmental standards.
[1]
Size. The minimum area of a mobile home park shall be 10 acres
and the minimum of units provided for shall be 10.
[2]
Location. The park shall be located and laid out so that no
mobile home is less than 1,500 feet from any existing one- or two-family
dwelling.
[3]
Density and lot size. The density of development shall not exceed
5.0 units per gross acre of site to be developed. Generally, a mobile
home lot shall have a minimum area of 7,000 square feet and a minimum
width of 55 feet.
[4]
Separation. Mobile home units may be positioned in a variety
of ways within the park, provided that a minimum horizontal separation
of 30 feet is maintained between units.
[5]
Setback. No mobile home shall be located less than 25 feet from
the pavement edge of a private street or 60 feet from the right-of-way
line of any public street. A minimum of 40 feet shall be maintained
between all units and any property line which is not a street right-of-way
line.
[6]
Roads. All private roads within the mobile home park shall be paved or provided with a dust-free surface at least 20 feet wide. Any public roads within the park shall have a sixty-foot right-of-way and be improved to the construction standards for minor streets as set forth in the Chapter 245, Subdivision of Land.
[7]
Sight lines. Entrances and exits shall be so located as to provide
a minimum sight distance along the adjacent public road of not less
than 300 feet in both directions.
[8]
Parking. Two off-street parking spaces shall be provided for
each mobile home site. Such spaces may be located on the individual
lot or grouped to serve two or more mobile home sites. A supplemental
parking area for the group storage or temporary parking of travel
trailers, campers, boats, snowmobiles and similar auxiliary vehicles
shall be provided in each mobile home park in a location removed from
the mobile home living units.
[9]
Open space. Usable and easily accessible recreation areas shall
be provided for park occupants. At least 400 square feet of open space
per mobile home unit shall be included in the plan with a total minimum
requirement of 10,000 square feet.
[10]
Mobile home stand. Each mobile home site shall
be provided with a stand of concrete or compacted gravel which will
give a firm base and adequate support for the mobile home. Such stand
shall have a dimension approximating the width and length of the home
and any expansions or extensions or extensions thereto. Tie-downs
shall conform to generally accepted standards of the New York State
Code.
[11]
Mobile home installation. At the time of installation,
the mobile home unit shall be securely blocked, leveled, tied down
and connected to the required utility systems and support services.
The mobile home shall be completely skirted within 90 days of occupancy.
Materials used for skirting shall provide a finished exterior appearance
and no exposed wallboard, building paper or similar unfinished material
will be permitted.
[12]
Walks. Each mobile home site shall be provided
with a walkway from the stand or patio to the street or to a driveway
or parking area connecting to the street.
[13]
Landscaping. Exposed ground surfaces in all parts
of a mobile home park, excluding roadways, shall be surfaced with
crushed stone or other solid material or protected with grass or plant
material to prevent erosion and reduce dust.
[14]
Water supply. If a public water supply is available
at the site, or within 500 feet of the site, the mobile home park
must be hooked into such system. When a public water supply is not
available, an approved private supply and system shall be established.
The design and construction of all components of such system shall
be subject to the inspection and approval of the New York State Health
Department or New York State DEC.
[15]
Sewage disposal. If a public sewerage system is
available at the site, or within 500 feet of the site, the mobile
home park must be hooked into such system. When public sewage disposal
is not available, an approved private system shall be established.
The design and construction of all components of such system shall
be subject to the inspection and approval of the New York State Health
Department or New York State DEC.
[16]
Solid waste disposal. Provisions shall be made
and approved for the storage, collection and disposal of solid waste
in a manner that will cause no health hazards, rodent harborage, insect
breeding areas, fire hazards or air pollution. Storage areas for solid
waste containers shall be enclosed or otherwise screened from public
view.
[17]
Lighting. Mobile home parks shall be provided
with lighting sufficient to illuminate streets, driveways and walkways.
[18]
Fuel systems. Mobile home parks shall be provided
with facilities for the safe storage of necessary fuels. Natural gas
installations, if used, shall be planned and installed so that components
and workmanship comply with the requirements of the American Gas Association,
Inc. Fuel oil systems shall be designed, constructed, inspected and
maintained in conformance with the provisions of National Fire Protection
Association, Standard 30. Liquefied petroleum gas systems shall be
selected, installed and maintained in compliance with the requirements
of National Fire Protection Association, Standard 58.
[19]
Fire protection. Fire hydrants shall be installed
in accordance with local requirements.
[20]
Mail service. Mailbox location shall provide safe
and easy access for the pickup and delivery of mail. Mailboxes grouped
for cluster delivery shall be located so that stopping for pickup
and delivery shall not occur on the public right-of-way, or in such
a manner that any private access road is blocked from normal flow
of traffic.
(f)
Inspection and enforcement.
[1]
Inspection. It shall be the duty of the Code Enforcement Officer
to make the inspections required for renewal of the special permit
every two years. Such inspection shall be carried out at reasonable
times, after prior notice to the park operator, and, in emergencies,
whenever necessary to protect the public health, safety or welfare.
[2]
Order. Upon determination by the Code Enforcement Officer that there has been a violation of any provisions of this § 308-46B(12), he shall serve upon the holder of the special permit for such mobile home park an initial order, in writing, directing that the conditions therein specified be corrected within a time period to be specified by the Enforcement Officer but in no case more than 90 days after the date of delivery of such order. The order shall also contain an outline of remedial action which, if taken, will effect compliance. A copy of such order shall be transmitted to the Town Board.
[3]
Notice. If, after the expiration of such ninety-day or other
relevant time period, such violations are not corrected, the Code
Enforcement Officer, if so authorized by the Town Board, shall serve
notice in writing upon such mobile home park operator requiring the
holder of the park special permit to appear before the Town Board,
at a time to be specified in such notice, to show cause why the mobile
home park special permit should not be revoked. Such hearing before
the Town Board shall occur not less than 15 days after the date of
service of said notice by the Code Enforcement Officer.
[4]
Determination. Within 30 days after the hearing at which the
testimony of the Code Enforcement Officer and the holder of the mobile
home park special permit shall be heard, the Town Board shall make
a determination sustaining, modifying or withdrawing the order issued
by the Code Enforcement Officer. Failure to abide by any Town Board
determination to sustain or modify the initial order, and to take
corrective action accordingly, shall be cause for the revocation of
the special permit affected by such order and determination and closing
of the mobile home park.
(g)
Existing mobile home parks. A mobile home park which exists
in the Town of Marion at the time of enactment of this chapter shall
be subject to the following requirements and procedures:
[1]
The owner or operator of any existing mobile home park shall
apply to the Code Enforcement Officer for a temporary permit for such
mobile home park. Application shall be made within 90 days from the
date of enactment of this chapter.
[2]
Such temporary permit shall expire one year from the date of issuance. During such one-year period, the park owner or operator and the Town Board shall agree upon a plan and timetable for bringing the existing mobile home park into reasonable compliance with the Environmental Standards set forth in Subsection B(12)(e) above. If no such plan and timetable for compliance is agreed upon, the one-year temporary permit shall expire and the mobile home park shall be in violation of this chapter.
[3]
If a plan and timetable for bringing the mobile home park into reasonable compliance with Subsection B(12)(e) has been agreed upon, the Town Board shall authorize the Code Enforcement Officer to extend the temporary permit for three years during which time the park owner or operator shall implement such agreed upon plan. Such temporary permit may be extended by up to three additional years by the Town Board if the owner or operator demonstrates that substantial progress is being made to bring the mobile home park into compliance.
[4]
If the agreed upon plan for bringing the existing mobile home
park into compliance has not been implemented at the end of the temporary
permit period approved by the Town Board, the permit shall expire
and the mobile home park shall be in violation of this chapter.
[5]
After an existing mobile home park has been brought into compliance, in accordance with the agreed-upon plan and timetable, such mobile home park shall thereafter continue to be governed by all the applicable provisions of this § 308-46B(12), including biannual renewal of the special permit required by Subsection B(12)(b) herein.
[6]
Any additions to an existing mobile home park shall comply with all applicable provisions of this § 308-46B(12).
[7]
If there is a change of ownership of an existing mobile home
park, a new permit shall be required to be obtained by the new owner
within 60 days of taking possession of the park.
(13)
Junkyard in A-C and I-1 Districts (See § 308-6, the definition of "junkyard.").
(a)
No person shall operate, establish or maintain a junkyard until
said person has obtained a permit to operate a junkyard business specifying
approval for the location of such junkyard and any conditions imposed
by the governing board.
(b)
Planning Board review and recommendation of a site plan, in accordance with the provisions of §§ 308-32B(10) and 308-34B(2) of this chapter, is required.
(e)
Renewable special permit. When authorized by the Zoning Board of Appeals, the Code Enforcement Officer shall issue a renewable special permit for a junkyard; such permit shall be renewed annually. Such renewal will be made after the Code Enforcement Officer has determined that no violations of this § 308-46B(13) or of the conditions of the special permit, have been found. Prior to any change of ownership, the governing board shall review and authorize the transfer of a special permit to a subsequent owner.
(f)
Permitted only when the following standards, regulations and
requirements for such activity are complied with:
[1]
The applicant can demonstrate that he has no prior record of
convictions for any type of larceny or receiving of stolen goods.
[2]
A junkyard shall be completely surrounded by a fence at least
eight feet in height which substantially screens the yard and provides
a suitable gate which shall be closed and locked except during the
working hours of such junkyard or when the applicant or his agent
shall be within. Such fence shall be erected not nearer than 100 feet
to a public highway. All motor vehicles and parts thereof stored or
deposited by the applicant shall be kept within the enclosure of the
junkyard except as removal shall be necessary for the transportation
of same in the reasonable course of the business. All wrecking or
other work on such motor vehicles and parts and all burning of same
within the vicinity of the junkyard shall be accomplished within the
enclosure. Where the topography, natural growth of timber or other
considerations accomplish the purposes of this section in whole or
in part, the fencing requirements hereunder may be reduced by the
governing board, upon granting the permit; provided, however, that
such natural barrier conforms with the purposes of this section.
[3]
No junkyard shall be established within 500 feet of a church,
school, hospital, public building, or place of public assembly.
[4]
Aesthetic considerations: the governing board may take into
account the location of the junkyard in order to maintain a clean,
wholesome and attractive environment which has been declared to be
of vital importance to the continued general welfare of its citizens
by considering whether or not the proposed location can be reasonably
protected from having an unfavorable effect thereon. In this connection,
the governing board may consider collectively the type of road servicing
the junkyard or from which the junkyard may be seen, the natural or
artificial barriers protecting the junkyard from view, the proximity
of the proposed junkyard to established residential and recreational
areas or main access routes thereto. The governing board may deny
the special permit if it finds the location unsuitable for the activity.
[5]
Existing junkyard. For the purpose of this section, the location
of an existing junkyard established legally prior to the enactment
of this chapter shall be considered approved by the governing board
and the owner thereof deemed suitable for the issuance of a permit.
Within 60 days from the passage of this chapter, however, the owner
shall furnish the governing board the information as to location which
is required in an application, together with the permit fee, and the
governing board shall issue the owner a permit valid for one year,
at which time such owner may apply for renewal as herein provided.
Such owner shall comply with all other provisions of this section
including the fencing requirements set forth in this section.
