A.
Purpose. It is the purpose of this section to provide a process and guidelines by which to review those selected uses which may be appropriate to the respective zoning districts where the number, location, juxtaposition and site improvement for such uses are carefully considered and regulated in accord with the objectives of the Town Plan and the detailed requirements of this section.
B.
Procedure. On application, the Planning Board may authorize the Enforcement Officer to grant a permit for any use for which approval of the Planning Board is required by this part according to the process and standards set forth following. The process for consideration of a conditional use shall be as follows:
(1)
The nature and content of an application for a building/use permit for a conditional use shall be as set forth in Appendix B of this chapter[1] and such additional information as may be required in the administration of this section. The Enforcement Officer shall determine the completeness of any application made under this section and shall notify the applicant within 10 days of the date of submission if such application is incomplete or deficient in any way and shall, further, specify the deficiencies.
[1]
Editor's Note: Appendix B, Required Submissions, is attached to this chapter.
(2)
The Planning Board shall consider the application and render its decision within 62 days of the date of submission of a complete application if no public hearing is held or, alternatively, schedule and hold a public hearing within 62 days of the date of submission and render its decision within 62 days of the date of hearing. These respective time frames may be extended only by mutual written agreement between the applicant and the Board. Consideration of the application at public hearing shall be optional, at the discretion of the Planning Board.
(3)
Notification of the Planning Board's decision to authorize or deny the permit and the reasons therefor will be given in writing to the Enforcement Officer, a copy filed with the Town Clerk within five days of the date of the Board's decision, and a copy of the Board's determination furnished to the applicant upon request.
C.
Applicable standards. In addition to the criteria for each conditional use identified following, the development considerations set forth in Appendix C of this chapter[2] will be evaluated in the process of reviewing any application for a conditional use, and the Planning Board shall be satisfied in every instance that the applicable considerations identified therein are to be adequately provided for. Conditional uses to be considered by the Planning Board and the standards applicable to each include:
(1)
Multiple-family dwelling; two-family dwelling; mixed commercial-residential use. Such uses shall be in accord with the following:
(a)
Floor space, health, safety and sanitary conditions shall be adequate to ensure livability, be in accord with the New York State Multiple Residence Law, where applicable, and provide a minimum floor space of 500 square feet per dwelling unit.
(b)
Lot size per dwelling unit for multiple-family dwelling shall be in accord with the minimum lot size required in the district and shall, in addition, have the following required number of square feet for each dwelling unit in excess of the first according to the type of unit:
(c)
Adequate off-street parking shall be provided, including a minimum of one space per dwelling unit.
(d)
Any sign erected in conjunction with such use shall be in accord with the sign requirements of this part.
(e)
The use shall not interfere or conflict with the peaceful enjoyment of neighboring residential uses and shall be in accord with the density guidelines for the area in question according to the established categories of the Town Plan and this part.
(f)
Streetlights and all exterior lighting shall be dark sky compliant in that they are downcast with fully recessed bulbs and include full cut off shields.
(g)
All new tree plantings shall be USDA zone-hardy; be resilient to salt and sand applications when in close proximity to roads and parking areas; should diversify the community's tree canopy; and not consist of ash or maple species as they are highly susceptible to the long-term threat of invasive species such as the emerald ash borer and the Asian long-horned beetle. Street trees are to be the responsibility of the subdivider; they shall be watered regularly in the first year of planting during extended periods of dry weather, and shall be replaced in the event of dying within the first two years of planting.
(h)
The property must provide sufficient green space or impervious area for seasonal snow storage purposes, and the elevation or finished grade of the location and surrounding area should not result in ponding or saturation of side and rear yards of adjacent parcels.
(2)
Home occupation. A home occupation shall comply with the following:
(a)
It shall not display or create outside the building any evidence of the home occupation, except such sign as may be permitted under the sign requirements of this part.
(b)
Such use is clearly incidental and secondary to the use of the dwelling unit for residential purposes and does not utilize more than 25% of the gross floor area of the dwelling unit if located therein or, alternatively, in excess of 400 square feet of any accessory building if located therein.
(c)
Off-street parking shall be provided for all clients, customers or patients in the side or rear yard. Such off-street parking shall be located at least 10 feet from any side or rear property line, shall be paved, lighted, screened or fenced as directed by the Board and so as not to interfere with adjacent properties or the roadway.
(d)
No dwelling unit shall include more than one home occupation.
(3)
Business, professional office, funeral home. Such uses shall be located according to the following:
(a)
The use shall not interfere or conflict with the character of the immediate neighborhood nor with the peaceful enjoyment of neighboring uses.
(b)
The amount of land and building area shall be appropriate to the nature and scale of the proposed business or professional office use.
(c)
Adequate off-street parking shall be provided, including a minimum of one space for each customer, patient, client or visitor anticipated on the premises at any single time in addition to any employee parking.
(d)
Any sign to be erected in conjunction with such use shall be in accord with the sign requirements of this part and shall further be considerate to the nature and proximity of adjoining uses.
(e)
Streetlights and all exterior lighting shall be dark sky compliant in that they are downcast with fully recessed bulbs and include full cut off shields.
(f)
All new tree plantings shall be USDA zone-hardy; be resilient to salt and sand applications when in close proximity to roads and parking areas; should diversify the community's tree canopy; and not consist of ash or maple species as they are highly susceptible to the long-term threat of invasive species such as the emerald ash borer and the Asian long-horned beetle. Street trees are to be the responsibility of the subdivider; they shall be watered regularly in the first year of planting during extended periods of dry weather, and shall be replaced in the event of dying within the first two years of planting.
(g)
The property must provide sufficient green space or impervious area for seasonal snow storage purposes, and the elevation or finished grade of the location and surrounding area should not result in ponding or saturation of side and rear yards of adjacent parcels.
(4)
Manufactured home court shall be approved only according to the following:
(a)
A manufactured home court shall have a minimum lot size as required in the respective zoning district and be designed to provide for a minimum of 10 manufactured home sites.
(b)
Individual manufactured home sites or units within the court shall be a minimum of 6,000 square feet.
(c)
All internal roadways within a manufactured home court shall be improved according to those standards for roadway construction set forth in Part 1, Subdivision Regulations, of this chapter, the minimum width of which shall be 18 feet for two-way traffic and 12 feet for one-way traffic. In addition to the surface width, a five-foot shoulder shall be maintained on each side of every internal roadway.
(d)
No manufactured home shall be located within 20 feet of any internal roadway or within 50 feet from the edge of the improved travel surface of any public roadway.
(e)
A minimum of two off-street parking spaces shall be provided for each manufactured home lot in the manufactured home court outside the required road and shoulder area.
(f)
All water supply and sewage disposal systems will comply with those standards set forth and be approved by the State Department of Health and Department of Environmental Conservation, as is applicable, before any permit is authorized.
(g)
Adequate provision will be assured for accommodation of surface drainage and refuse disposal.
(h)
All wiring, fixtures and appurtenances shall be installed and maintained in accordance with the specifications and regulations of the local utility company. Whenever possible, electrical transmission and other utility lines shall be placed below ground.
(i)
Fuel tanks, where used, shall be placed at the rear of the manufactured home and at a distance at least five feet from any exit and must be equipped with a safety shutoff valve at the tank. Underground tanks or a centralized fuel supply system are to be encouraged wherever possible.
(j)
There shall be required an annual operating permit, application for which shall be made to the Town Board according to such procedures and requirements as the Town Board may establish.
(5)
Tourist accommodation; eating, drinking establishment. Such businesses shall be subject to the following regulations (if newly constructed or reclassified use):
(a)
Minimum required lot width on a public roadway shall be provided, and no building, parking or service area shall be closer than 100 feet to any existing residential use other than one on the premises.
(b)
Such use shall be adequately fenced and screened from any adjacent residential property, and lighting shall be directed away from adjacent property and the highway. Buffering and screening may consist of tree and shrub plantings, earthen berms, fences, walls or a combination of these methods so as to establish an effective visual screen.
(c)
The location and situation of all structures shall be satisfactory to the Board relative to the visual character and travel safety along the roadway on which such facility fronts.
(d)
Ingress and egress shall be so designed as to minimize traffic congestion, and for this purpose, the number and location of driveways shall be subject to the explicit approval of the Board.
(e)
Sufficient and suitably located and arranged off-street parking shall be provided in accord with the need of the instant situation as determined by the Board.
(f)
Streetlights and all exterior lighting shall be dark sky compliant in that they are downcast with fully recessed bulbs and include full cut off shields.
(g)
All new tree plantings shall be USDA zone-hardy; be resilient to salt and sand applications when in close proximity to roads and parking areas; should diversify the community's tree canopy; and not consist of ash or maple species as they are highly susceptible to the long-term threat of invasive species such as the emerald ash borer and the Asian long-horned beetle. Street trees are to be the responsibility of the subdivider; they shall be watered regularly in the first year of planting during extended periods of dry weather, and shall be replaced in the event of dying within the first two years of planting.
(h)
The property must provide sufficient green space or impervious area for seasonal snow storage purposes, and the elevation or finished grade of the location and surrounding area should not result in ponding or saturation of side and rear yards of adjacent parcels.
(6)
Appliance sales and service, hardware/lumber store, fuel sales and service. Such uses shall be permitted according to the following:
(a)
The proposed use and the nature of the activity will be determined to be compatible with existing adjoining uses or unimproved lands.
(b)
The location and situation of all structures shall be satisfactory to the Board relative to the visual character and travel safety along the roadway on which the facility fronts.
(c)
Ingress and egress shall be so designed as to minimize traffic congestion and hazards, and for this purpose, the number and location of driveways shall be subject to the explicit approval of the Board.
(d)
The individual parking, storage, signing, screening and other needs of the proposed use shall be provided for in a manner satisfactory to the Board. Specifically, the location and extent of exterior storage of vehicles, equipment and materials shall be designated on the application and such screen planting or other site improvements as may be required to protect the visual character of the area shall be instituted in accord with the direction of the Board.
(e)
Streetlights and all exterior lighting shall be dark sky compliant in that they are downcast with fully recessed bulbs and include full cut off shields.
(f)
All new tree plantings shall be USDA zone-hardy; be resilient to salt and sand applications when in close proximity to roads and parking areas; should diversify the community's tree canopy; and not consist of ash or maple species as they are highly susceptible to the long-term threat of invasive species such as the emerald ash borer and the Asian long-horned beetle. Street trees are to be the responsibility of the subdivider; they shall be watered regularly in the first year of planting during extended periods of dry weather, and shall be replaced in the event of dying within the first two years of planting.
(g)
The property must provide sufficient green space or impervious area for seasonal snow storage purposes, and the elevation or finished grade of the location and surrounding area should not result in ponding or saturation of side and rear yards of adjacent parcels.
(7)
Gasoline station, service garage; vehicle equipment sales, service. Any such establishment shall be subject to the following regulations:
(a)
No building, parking or service area shall be closer than 100 feet to any existing residential use.
(b)
The minimum distance between pump islands and between the building and any pump islands shall be 20 feet.
(c)
No wastewater, oil, toxic or inflammable materials shall drain onto, pollute or create hazardous or unsightly conditions, and the provision therefor shall be satisfactory to the Board.
(d)
Ingress and egress shall be so designed as to minimize traffic congestion, and for this purpose, the number and location of driveways shall be subject to the explicit approval of the Board.
(e)
Sufficient and suitably located and arranged off-street parking shall be provided in accord with the need of the instant situation as is determined by the Board.
(f)
Any auto wash shall provide four stacking spaces per bay on the lot to prevent the waiting of automobiles in the public roadway.
(g)
No exterior storage of dismantled or disabled vehicle parts or salvage material shall be permitted.
(8)
Organized group camp; resort lodge, club. Any such use shall be evaluated by the Board and approved only according to the following:
(a)
The appropriateness of the use in its proposed location relative to the zoning classification and to surrounding uses or open space characteristics.
(b)
The amount of land involved, the number of members or occupants, and the size and sophistication of accommodations to be provided as these pertain to the intensity of the use and the ability of the land and the character of surrounding areas to accommodate it within the intent of each of the respective zoning districts.
(c)
The means of access and its adequacy based on the period during which the facility will operate as well as provision for such service requirements as telephone, electric, refuse disposal, water and sanitary wastes.
(9)
Recreational campsite shall be approved only according to the following:
(a)
A recreational campsite shall include a minimum parcel size of 10 acres and provision for the accommodation of a minimum of 20 recreational living units.
(b)
Within a recreational campsite, a minimum area of 3,000 square feet shall be designated for each unit's location.
(c)
Roadway, sanitary and site improvement considerations will be as provided for above under manufactured home court or as is otherwise appropriate as determined by the Board in its review of any such proposal.
(d)
Such campsites shall be developed in those locations and with such available facilities so as to ensure that they will not pose a hazard or detriment either to the occupants thereof or adjoining property owners. In particular, any requirements for the accommodation of water supply and sanitary sewage disposal shall be approved by the New York State Department of Health or Department of Environmental Conservation, as is applicable, before any permit is authorized.
(e)
There shall be required an annual operating permit, application for which shall be made to the Town Board according to such procedures and requirements as the Town Board may establish.
(10)
Junkyard. The establishment, continuation, change or expansion of such use shall be according to the following:
(a)
A biennial operating permit shall be applied for upon the expiration of any existing license or permit; or where none has been obtained, within six months of the effective date of this part; or where the establishment of a new, changed or expanded use is involved, at the time application is made for a building/use permit.
(b)
Payment of such initial and renewal fee as may be established by the Town Board.
(c)
An application with site plan shall be made to and considered by the Town Board, which shall direct the Enforcement Officer to make such inspection and report as is deemed necessary. The Town Board shall authorize the permit to be issued or denied within 90 days from the date of application submission or within 90 days from the date of issuance of a building/use permit in the establishment of a new, changed or expanded use.
(d)
The Board shall determine that such use will not be detrimental to the public health, safety or welfare and, further, that such use will not detract from the visual character of the Town as viewed from any public right-of-way, from the permitted use of adjoining properties, or otherwise create a nuisance.
(e)
Said use shall not be located within 200 feet of the center line of any roadway, 200 feet of any lake, river or stream, or 500 feet of any residential, public, municipal or semipublic use.
(f)
All junkyards shall be so located that they are screened from view from the public right-of-way and completely surrounded with an approved fence of suitable construction and appearance and have a satisfactory gate which can be closed and locked except during normal working hours of said use. Such fence shall not be erected nearer than 50 feet to any lot line.
(g)
The junkyard and enclosure shall be so designed that all junk and disabled or dismantled vehicles or vehicle parts stored or deposited at the site shall be kept within the enclosure of the fence and below the top of the fence, except during transportation of same in the reasonable course of the business.
(h)
The biennial operating permit, once issued, shall be valid for a period of two years from its effective date, which shall be noted thereon, 90 days prior to the expiration of which the permit holder shall make application for renewal.
(i)
Issuance of the operating permit shall be personal to the designated permit holder and shall not be transferable or assignable.
(11)
Forest; rural industry. Such use shall be permitted upon authorization of the Board when it determines that:
(a)
The proposed use will not detract from or interfere with adjoining uses or vacant land.
(b)
The proposed use is consistent with the Town Plan for the area in question and is otherwise consistent with the objectives and standards of the respective zoning district.
(c)
Any building or structure to be constructed or located in conjunction with such use shall comply with all minimum yard, building location and height requirements elsewhere specified in this part and, in addition, shall not exceed 2,400 square feet in gross floor area.
(d)
The individual parking, loading, storage, signing, screening and other needs of the proposed use are provided for in a manner satisfactory to the Board.
(12)
Commercial sand and gravel excavation. Upon receipt of a notice addressed to the Town Supervisor from the Department of Environmental Conservation (DEC) regarding a complete application for a mining permit, the Town Supervisor or Town Clerk shall contact and inform the DEC of the date the notice was received, and forward copies of the notice and completed application to the Town Planning Board for review and final action. The New York State Mined Land Reclamation Law supercedes all other state and local laws related to mining and reclamation, and provides the Town to schedule a public hearing, take action, and respond within 30 days of receiving the DEC notice. Upon taking final action, the Town Planning Board shall submit written comments to the DEC and applicant that state: whether mining is permitted at the proposed location; the Planning Board's decision; and the recommended conditions of approval in the DEC mining permit regarding ingress and egress to locally controlled roads; routing on locally-controlled roads, setbacks, barriers, dust control and hours of operation.
(a)
Whether mining is permitted at the location.
(b)
Ingress and egress to locally controlled roads: Truck access to any excavation site shall be so arranged as to minimize danger to traffic and nuisance to surrounding properties. At a minimum, there shall be 500 feet of sight distance at the entrance to the facility. In order to prevent dust, such entrances shall be kept wet, treated with chemical dust deterrents, or paved. All ingress and egress points into the site shall be secured from unauthorized access or trespass.
(c)
Routing of mineral transport vehicles on locally controlled roads: In consultation with the Town Highway Superintendent, necessary improvements to Town roads used as haulage ways shall be based on the width, bearing capacity and type of road surface of all Town roads that are proposed to be used by truck traffic to or from the site, and based on the number and weight of the vehicles entering and existing the property.
(d)
Comment as requested on the requirements and conditions as specified in the DEC permit concerning setbacks from property lines and rights-of-way, and fabricated or natural barriers designed to restrict property access (if needed), including type, length, height and location.
(e)
Dust control: All dust resulting from excavation, processing or use of heavy equipment including trucks shall be controlled by using water, suitable mechanical, and approved chemical control methods identified in the DEC mining permit application. Oils or petroleum products shall not be used in the site or on any haul-road to suppress dust. Visible dust shall not be allowed to leave the permitted area.
(f)
Hours of operation: Operation shall be limited between the hours of 6:00 a.m. to 6:00 p.m., except when mitigating natural disasters or following prior approval from the Planning Board for specific projects that are restricted to night operations.
(g)
Conformance with plans: All activities authorized by the DEC permit must be in strict conformance with the approved plans submitted by the applicant or applicant's agent as part of the permit application. Mining operations shall maintain a copy of a current DEC permit at the Town offices. Delinquency of maintaining a current DEC permit after a period of one year constitutes abandonment.
(h)
Enforcement of reclamation requirements contained in the DEC permit: A plan for restoration and rehabilitation of a commercial earth excavation area or pit shall accompany the permit and shall be in conformity with the applicable provisions of the State Mined Land and Reclamation Act.
(i)
Bond, surety to remain in force: A copy of a required reclamation bond or other surety, in an amount determined by the DEC, shall be submitted to the Town, and shall be maintained in full force and effect. Such a bond or other surety shall not be terminated until the reclamation of the mined area is approved by the DEC in writing.
(13)
Public, private utility service facility. Such uses shall be subject to the following regulations:
(a)
Such facility shall not be located on a residential roadway, unless no other site is available, and shall be so located as to necessitate minimal travel of service vehicles over such roadways.
(b)
The location, design and operation of such facility shall not adversely affect the character of the surrounding area.
(14)
Small business operation.
(a)
The number of employees engaged in the small business operation shall be limited to three full-time positions.
(b)
The amount of land and building area shall be suitable to the nature and scale of the proposed use, and the operation shall be conducted entirely within an enclosed area; the Board may require screening from adjacent properties, as needed.
(c)
Adequate off-street parking shall be provided, including a minimum of one space for each employee plus one space for each customer, patient, client or visitor anticipated to be on the premises at any one given time.
(d)
No offensive noise, vibration, glare, fumes, odors or electrical interference shall be produced.
(e)
Signs shall be in conformance with the requirements of this part.
(f)
The small business operation shall be conducted either within the home or in a separate structure.
(g)
Streetlights and all exterior lighting shall be dark sky compliant in that they are downcast with fully recessed bulbs and include full cut off shields.
(h)
All new tree plantings shall be USDA zone-hardy; be resilient to salt and sand applications when in close proximity to roads and parking areas; should diversify the community's tree canopy; and not consist of ash or maple species as they are highly susceptible to the long-term threat of invasive species such as the emerald ash borer and the Asian long-horned beetle. Street trees are to be the responsibility of the subdivider; they shall be watered regularly in the first year of planting during extended periods of dry weather, and shall be replaced in the event of dying within the first two years of planting.
(i)
The property must provide sufficient green space or impervious area for seasonal snow storage purposes, and the elevation or finished grade of the location and surrounding area should not result in ponding or saturation of side and rear yards of adjacent parcels.
(15)
Kennel, animal shelter, animal hospital, riding academy, and commercial stable.
(a)
All quarters for animals shall be subject to the normal setbacks and standards in that district.
(b)
The separation distance between existing neighboring residences and the animal housing quarters shall be a minimum of 200 feet.
(c)
The animal housing quarters shall be enclosed, fenced or otherwise screened from public view and adjacent residences.
(d)
The operation shall mitigate on-site noise and offensive odor through fencing, setbacks, topography, integrated buffers or enclosing animals in a structure.
(e)
Adequate provisions for water supply and sewage disposal shall be made in compliance with New York State Department of Health Standards.
(f)
The minimum manure pile or burial ground setback shall be 100 feet from any stream, river, lake or property lot line.
(g)
The Planning Board may condition the permit by limiting the number of animals allowed at the kennel or animal shelter.
(h)
All such uses shall be prohibited in the area zoned Community Centers (CC).
(i)
The keeping or breeding of poultry, pigeons, horses, livestock, wild animals or farm animals shall be prohibited in areas zoned Community Centers (CC), Colton Hamlet (CH) or South Colton Hamlet (SCH), except on existing farms on the effective date of this chapter.
(j)
The keeping of any animal or fowl commonly known or regarded as wild and/or ferocious shall be prohibited except under a special permit issued by the Town Board.
(k)
The use shall not jeopardize the health, welfare or useful enjoyment of any surrounding property.
(16)
Bed-and-breakfast inn. Such business shall be subject to the following regulations:
(a)
Minimum required lot width on a public roadway shall be provided, and no building, parking or service area shall be closer than 100 feet to any existing residential use other than the one on the premises.
(b)
Such use shall be adequately fenced and screened from any adjacent residential property.
(c)
The location and situation of all structures shall be satisfactory to the Board relative to the visual character and travel safety along the roadway on which such facility fronts.
(d)
Ingress and egress shall be so designed as to minimize traffic congestion and, for this purpose, the number and location of driveways shall be subject to the explicit approval of the Board.
(e)
Sufficient and suitably located and arranged off-street parking shall be provided in accord with the need of the instant situation as determined by the Board.
(f)
Any sign erected in conjunction with such use shall be in accord with the sign requirements of this part.
(g)
The use shall not interfere or conflict with the peaceful enjoyment of neighboring residential uses and shall be in accord with the density guidelines for the area in question according to the established categories of the Town Plan and this part.
(h)
Streetlights and all exterior lighting shall be dark sky compliant in that they are downcast with fully recessed bulbs and include full cut off shields.
(i)
All new tree plantings shall be USDA zone-hardy; be resilient to salt and sand applications when in close proximity to roads and parking areas; should diversify the community's tree canopy; and not consist of ash or maple species as they are highly susceptible to the long-term threat of invasive species such as the emerald ash borer and the Asian long-horned beetle. Street trees are to be the responsibility of the subdivider; they shall be watered regularly in the first year of planting during extended periods of dry weather, and shall be replaced in the event of dying within the first two years of planting.
(j)
The property must provide sufficient green space or impervious area for seasonal snow storage purposes, and the elevation or finished grade of the location and surrounding area should not result in ponding or saturation of side and rear yards of adjacent parcels.
[2]
Editor's Note: Appendix C, Development Considerations, is attached to this chapter.