Article XVII Special Use Permits

The property is in full compliance with all ordinances, regulations, resolutions, laws and codes of the Town of Bristol.

The proposed use is not detrimental to the health, safety or general welfare of persons residing or working in the neighborhood of such proposed use or improvements in the neighborhood, or to the general welfare of the Town.

(3)

The proposed use is not detrimental to the adjacent or neighboring properties when taking into account:

Ingress and egress and safe sight stopping distance (if the Zoning Board of Appeals or the Planning Board deems necessary, the applicant shall provide a traffic impact study that may require a separate entrance for the special use; for approval, this study must satisfy these Boards);

Parking subject to Article VI of this chapter;

Compatibility with general character of the area;

Signage, subject to Article VIII of this chapter;

Noise level, odors, and air pollution;

§ 350-75 Permits required for certain special uses.

Outdoor lighting and hours of operation;

(g)

Outdoor storage or display;

(h)

Visibility from surrounding properties (buffering, whether natural or man-made, which is deemed necessary to obscure visibility from neighboring properties, shall be immediately effective);

(i)

Availability of adequate utilities including, but not limited to, water, sewer, electricity, gas (a utility easement, 20 feet permanent and 10 feet temporary, shall be granted to the Town along all of the applicant's property frontage);

(j)

Site plan, subject to Chapter 292, Site Plan Approval.

The Zoning Board of Appeals may revoke any special use permit for noncompliance with conditions set forth in the approval of said permit after first holding a public hearing and giving notice of such hearing as provided in Article XVIII.

Any business or industry operated pursuant to a permit granted hereunder shall be subject to periodic inspection by the Code Enforcement Officer. (See Chapter 140, Construction Codes, Uniform, and Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code, Section II.)

Public utility facilities.

Public utility facilities such as dial equipment centers and substations, but no service or storage yards, may be permitted in any zone district without a special use permit. No special use permit shall be issued unless the Zoning Board of Appeals determines that:

The proposed installation in a specific location is 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.

The design of any building in connection with such facility conforms to the general character of the area and will not adversely affect the safe and comfortable enjoyment or property rights of the zone in which it is located.

Adequate and attractive fences and other safety devices will be provided.

A buffer strip 10 feet in width shall be provided around the perimeter of the property.

Adequate off-street parking shall be provided.

All of the area, yard and building coverage requirements of the respective zone will be met.

Provided that the operation of the business or use is in full compliance, the permit granted shall be transferable with the land.

Motor vehicle service stations.

Motor vehicle service stations may be permitted, upon the issuance of a special use permit, in the C-B, L-R and L-I Districts of the Town of Bristol, provided that the following standards are observed:

In addition to the information required in the special use permit application and enumerated in Article IX, §§ 350-45 and 350-46 of this chapter, the site plan submitted shall also 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.

The area and yard specifications for motor vehicle service stations are identified in the Schedule of Lot Size, Building Size and Setbacks for this chapter (Article X).[1]

[1]

Editor's Note: Said schedule is included as an attachment to this chapter.

The entire area of the site traveled by motor vehicles shall be hard-surfaced.

Any repair of motor vehicles shall be performed in a fully enclosed building. No more than two motor vehicles shall be offered for sale on the site. No motor vehicle parts or inoperable and unlicensed motor vehicles shall be stored outside an enclosed building.

Accessory goods for sale may be displayed on the pump island and the building island only. The outdoor display of oil cans and/or antifreeze and similar products may be displayed on the respective island if provided for in a suitable stand or rack.

Where a motor vehicle service station abuts a residential dwelling or zoning district, it shall be screened by a buffer area no less than 15 feet in depth composed of densely planted 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 screen shall have a minimum height of six feet above finished grade at the highest point of the station. The materials used shall be in keeping with the character of the adjacent residential area. If said shrubbery or fencing becomes decayed and fails to provide an adequate screen, the Code Enforcement Officer shall direct the property owner to replace said shrubs or fencing.

(g)

All fuel pumps shall be located at least 20 feet from the road right-of-way and 30 feet from any property line.

(h)

In addition to the sign requirements for business uses, each motor vehicle service station shall be permitted to have one freestanding or pylon sign setting forth the name of the station and for the principal products sold on the premises, including special company or brand name, insignia or emblem, provided that such sign shall not exceed a maximum of 20 square feet in area per side and shall be hung within the property line and no less than 10 feet nor more than 25 feet above the ground.

(i)

Service stations may also exhibit one temporary sign located no less than five feet inside the right right-of-way and specifically setting forth special seasonal servicing of automobiles, provided that such sign does not exceed seven square feet per side.

Provided that the operation of the business or use is in full compliance, the permit granted shall be transferable with the land.

Campgrounds may be permitted in the A-C District provided that the following standards are observed:

All provisions of the sanitary code or such other regulations of the State Health Department pertaining to camps shall be complied with.

The number of sites to be accommodated in such camps shall not exceed one campsite per 10,000 square feet within such grounds.

(3)

On-site recreational amenities shall be provided for patrons and guests with at least one substantial facility. Such substantial recreational facilities may include tennis courts; children's play area with equipment, or a swimming pool. The type and size of facility shall be appropriate to the type and amount of clientele being served.

(4)

Proper management of the facility shall include the following:

A management building or facility providing camper registration, first-aid and information on park rules and activities;

A general manager or security person available 24 hours per day;

Park rules approved by the Town containing the following minimum provisions: time of day when facilities and activities close, not to be later than 11:00 p.m.; nuisance control addressing noise and trespass; length of stay with maximum tenancy not to exceed 120 days for any twelve-month period; prohibitions against storage of unoccupied vehicles within campsite areas and occupation of any vehicles within storage areas; and description of the facilities available to users.

(5)

Landscaped buffer areas composed of suitable native vegetation shall be provided as part of the landscaping requirements of the Town of Bristol Design Criteria and Construction Specifications.[2] Buffers shall be placed around all storage areas and at all perimeters of the campgrounds. The buffer shall contain vegetation sufficient within five years after use inauguration to provide 75% visual screening of the park or storage areas for all adjacent uses. Perimeter buffers shall be at least 30 feet in width supplemented by a fence or other device, where trespass is a potential problem. No structures, development or other activities shall occur within any buffer areas, provided that trails may be located within those buffer areas which are at least 50 feet in width. Landscaping shall be located within open areas of the recreational vehicle park and not otherwise used for park purposes.

[2]

Editor's Note: Said specifications are included as an attachment to this chapter.

(6)

Outside lighting shall be limited to illuminating signs, all permanent structures, structural recreation facilities, emergency exits, storage areas and principal entrance locations. All light sources within fixtures shall be properly shielded so as not to be visible from adjoining properties. Lighting for main entrances and emergency exits shall also use back cutoff shields.

(7)

Signs shall be constructed of wood or other natural materials and, when applicable, painted in earth tones.

(8)

Park shall be closed by 11:00 p.m. and open at 7:00 a.m.

(9)

No camp structure shall be located within 300 feet of any street.

Seasonal camps. A special use permit shall be required for seasonal camps on a minimum of 10 acres. A minimum of 400 square feet of living space is required. Sanitation facilities will be required to meet New York State laws. This type of dwelling shall never be used for year-round occupancy unless it has a minimum of 950 square feet of living area. This permit is not transferable. Mobile homes or trailers are not permitted under this section.

Excavation operations.

Excavation operations, including the extraction of sand and gravel for sale and processing or other operations for the preparation of sand and gravel, may be permitted in the A-C District of the Town of Bristol, provided that the following conditions and standards are observed:

The minimum lot area for any such use shall be five acres, all buildings and excavation operations shall be located or shall occur not less than 30 feet from any street or property lines. The Zoning Board of Appeals may require fencing or some similarly effective barrier six feet in height where excavations are to exceed a depth of four feet.

All buildings and structures used in such operations shall be dismantled and removed within 12 months following the termination of the operations, shall be made at the expense of the operator, and shall be a condition of the approval of the special use permit.

All buildings, structures and plants used for the processing of excavated materials shall be maintained so as to be in compliance with the New York State uniform codes.

All equipment used for the excavation of sand and gravel and processing thereof shall be constructed, maintained and operated in such a manner as to eliminate, as far as it is practicable, noise and vibrations and dust conditions which are injurious to persons living in the vicinity. No operations shall be conducted between the hours of 6:00 p.m. in the evening and 7:00 a.m. in the morning. All operations on Sunday and on every legal holiday are prohibited.

All land that has been excavated must be rehabilitated in accordance with standards set within one year after the termination of operations at the expense of the operator and shall be a condition of the approval of the special use permit. Also, a bond shall be required in an amount to be established by the Town Board.

All excavations must either be made to a water-producing depth or graded and backfilled.

(g)

Excavations made to a water-producing depth shall be properly sloped to the waterline, with banks sodden or surfaced with soil of an equal quality to adjacent land area topsoil. Such topsoil required under this section shall be planted with trees, shrubs, legumes or grasses upon the parts of such area where revegetation is possible.

(h)

Excavations not made to a water-producing depth must be graded or backfilled with nonnoxious, nonflammable, noncombustible solid material and in a topographic character which will result in substantial general conformity to adjacent lands. Such grading or backfilling shall be designed to minimize erosion and shall be surfaced with a soil equal in quality to that of adjacent land area and planted with trees, shrubs, legumes or grasses upon the parts of such areas where revegetation is possible.

(i)

Applicant must provide proof of compliance with NYS DEC regulations, including a rehabilitation and mitigation plan, if applicable.