A.
The purpose of this article is to set forth supplemental regulations,
procedures, and conditions which shall apply to specially permitted
land use activities in the Town of Cato. Special uses are those uses
that will have a special impact or unique form which requires a case-by-case
review to determine the use's compatibility with the surrounding
properties and to mitigate adverse impacts to the harmony of the neighborhood
and the environment. In reaching a determination on a special use
permit application, the Planning Board shall take into consideration
such concerns as the specific location, design, configuration, and
impact to others, together with the criteria set forth below.
A.
No zoning permit shall be issued by the Code Enforcement Officer for any land use or activity listed in § 114-7 as requiring a special use permit (SP) until the Planning Board has approved the special use permit application. The Planning Board shall approve applications for special use permits only when satisfied that all applicable requirements, as set forth in this section, have been complied with, in addition to all other requirements of this chapter. All fees as established by Town Board in a fee schedule shall be paid.
A.
The Planning Board shall hear and decide upon any application for a special use permit as listed in § 114-7. Applicants shall have the burden of proof in establishing their right to a special use permit.
B.
As part of a special use permit application, site plan review in accordance with the requirements listed in Article VIII is required. The following additional materials must also be provided by the applicant:
(1)
A special use permit application with all information required therein.
(2)
A narrative statement with any supporting evidence regarding the
merits of the proposed use at the proposed location and how the proposal
complies with the general and specific requirements of this chapter.
(3)
All completed forms and supplemental information as required by Article
8 of the New York State Environmental Conservation Law, known as the
State Environmental Quality Review Act, and regulations at NYCRR Part
617 adopted thereunder (collectively, "SEQRA").
C.
Public hearing and Planning Board Action on special use permits.
(1)
Within 62 calendar days of the receipt of a complete application
for special use permit, the Planning Board shall conduct a public
hearing.
(2)
The Planning Board shall publish a notice in the Town's official
newspaper and post in any other location/media that the Town deems
appropriate and necessary at least 10 business days prior to the date
fixed for public hearing.
(3)
The Planning Board shall send by certified mail a copy of the public
notice to all owners of parcels that are immediately adjacent to and
extending 500 feet therefrom, or of that directly opposite thereto,
extending 500 feet from the street frontage of the parcel(s) of land
included in the application for the special use permit at least 10
business days prior to the date of such public hearing.
(4)
The Planning Board shall make a decision on the application within
62 calendar days after such hearing and file said decision within
five business days after the day such decision was rendered with the
Town Clerk, and mail such decision to the applicant with a copy to
the Code Enforcement Officer. The time within which a decision must
be rendered may be extended by mutual consent of the applicant and
the Planning Board.
D.
Referral to the County Planning Board must be made at least 10 business
days before the required public hearing by the Planning Board under
provisions of Section 239-l, m and n of the New York State General
Municipal Law.
A.
The Planning Board shall grant a special use permit only if the proposed
use will meet all of the following general requirements as well as
any specific requirements and standards listed for the proposed use.
A proposed use is:
(1)
Consistent with an orderly and appropriate development of the neighborhood
and surrounding area and follows the Town of Ira and Cato Joint Community
Comprehensive Plan;
(2)
Not unreasonably detrimental to the existing structures or uses in
the neighborhood by reason of noise or vibration, odor or other form
of air pollution, fire or explosive hazard, glare or any other substance,
condition, of element, or size of operation;
(3)
As to general character, height and use of structure, the provisions
of surrounding open space and treatment of grounds and as to its effect
on street capacity and use, sufficient to safeguard public health,
comfort and convenience and to preserve the general character of the
neighborhood in which such structure is to be placed or such use is
to be conducted; and
(4)
Where appropriate, an adequate transition between adjacent uses or
districts;
(5)
Will not cause undue traffic congestion or create a traffic hazard;
and
(6)
Will be in conformance with all applicable requirements of this chapter.
B.
In granting a special use permit, the Planning Board may impose conditions
regarding layout, circulation, and performance it deems necessary
to ensure that any proposed development will secure substantially
the objectives of these Regulations; and to safeguard the public health,
safety and welfare in granting the permit. These conditions may include
but are not limited to the following:
(1)
Increasing the required lot size or yard dimensions.
(2)
Limiting the height, size, or location of buildings.
(3)
Controlling the location and number of vehicle access points.
(4)
Increasing the number of required off-street parking spaces.
(5)
Limiting the number, size, location, and lighting of signs.
(6)
Requiring fencing, screening, landscaping, or other facilities to
protect adjacent or nearby property.
(7)
Designating areas for open space.
A.
Expiration of permits.
(1)
An applicant granted a special use permit shall be given six months
in which to begin to put into effect the use permitted by the granted
special use permit. The Planning Board may increase this period from
six months to a year at its discretion upon request from the permit
holder.
(2)
A special use permit shall expire if the special permit use or uses
cease for more than 12 consecutive months.
B.
Revocation of special use permit. The Planning Board may revoke a
special use permit upon reasonable cause should the permittee violate
the conditions of the special use permit and fails to terminate such
violation within 30 calendar days of receiving a notice of violation;
engages in any activity not authorized by the special use permit;
or fails to comply with any other provision of this chapter. Before
a permit may be revoked, a public hearing shall be held by the Planning
Board. Notice of the hearing shall be made in the official newspaper
at least 10 business days prior to the date thereof. The permit holder
shall be notified of the hearing by certified mail at least 10 business
days prior to the hearing. At the hearing, the Planning Board shall
hear the permit holder and all other persons wishing to be heard on
the revocation of the special use permit. If the Planning Board decides
to revoke a special use permit, the reasons for such revocation shall
be stated in the public hearing minutes. The permit holder shall be
immediately notified of the revocation by certified mail.
A.
In addition to the procedures, requirements, and standards listed
elsewhere in this article, the following uses have specific criteria
that must be met by the applicant for a special use permit.
(1)
Gasoline stations shall meet the following standards:
(a)
In addition to the information required for site plan review,
the plan shall also indicate the location, number, capacity, and type
of fuel storage tanks, the number of pumps to be installed, and the
depth to the tanks. The site plan shall also include a proposed landscaping
plan including evergreen trees planted along a forty-foot buffer between
adjacent properties.
(b)
No fuel pump, parking area, or outdoor service facility shall
be located within 20 feet of any designated street line or within
40 feet of any property line.
(c)
All fuel tanks shall comply with all New York State Department
of Environmental Conservation regulations.
(d)
No fuel service station shall have an entrance or exit for vehicles
within 200 feet, as measured along the public street, in which there
exists a school, park, public playground, religious institution, hospital,
or public library, and such access shall be not closer to any intersection
than 125 feet.
(e)
Fuel stations may include retail sales of food, convenience
items, and minor automotive supplies or liquids provided that the
sales of such items are within an enclosed structure and are an accessory
use. Sales areas outside of the primary structure may be displayed
on the pump islands or the building island only.
(f)
Lights or lighted signs shall be installed in such a way that
reduces any glare affecting adjacent residential property.
(g)
All oil drainage pits and hydraulic lifts shall be located within
an enclosed structure and shall be located no closer than 50 feet
to any property line.
(h)
No major repair work or overhaul, including body work, shall
be conducted outside. All damaged or dismantled vehicles, parts and
similar articles shall be kept within a building when the fuel station
is not open for public business.
(i)
Lots on which fuel stations are located shall be maintained
at all times and kept free from paper, cans and other rubbish. Fuel
stations shall not include body repair or similarly noisy or noxious
activities.
(2)
Manufacturing facilities shall meet the following standards:
(a)
Maximum building height. No part of any building shall be erected
to a height greater than 40 feet, measured from grade plane at the
building site. Grade plane shall be defined using the definition established
in the NYS Uniform Fire Prevention and Building Code.
(b)
There shall be a buffer strip along the side and rear property
lines. Such buffer strips shall be at least 10 feet in depth and may
consist of interlocking trees and foliage with or without a fence
in a manner acceptable to the Planning Board. The maintenance of the
buffer strip shall be the continuing obligation of the property owner.
(c)
No structures or area for the storage of materials or equipment
shall be located closer to the road than the front setback for the
principal structure, not closer than 20 feet from any side or rear
property line.
(d)
No structures or area for the storage of materials or equipment
shall be located closer than 100 feet from a perennial or intermittent
stream, regulated wetland, or floodplain.
(e)
Suitable landscaping, including at least lawns and plantings,
shall be installed and maintained and shall be subject to approval
by the Planning Board.
(f)
Parking. All facilities must provide for on-site parking facilities.
No on-street parking will be permitted. All parking lots must feature
landscaped islands and, if adjacent to the public right-of-way, landscaped
and grassy areas at least 10 feet in depth measured from the edge
of the right-of-way.
(g)
All applicants shall submit plans to the Planning Board including
at least the following information.
[1]
The area dimensions and location of the industry.
[2]
The number, location, and dimensions of all structures.
[3]
The location and methods of containment of all outdoor hazardous
material storage.
[4]
Specifications of the water supply, sewage, and refuse disposal
facilities, and proof of approval of said facilities from the Cayuga
County Health Department.
[5]
Photometric lighting plan. No light spillage permitted offsite.
[6]
Any additional information requested by the Planning Board.
(3)
Multifamily dwelling. Development applications for newly constructed
Multifamily dwelling units shall meet the following standards:
(a)
All dwelling units and structures shall comply with the standards
set forth in the NYS Uniform Fire Prevention and Building Code. Said
standards shall take precedence to this Zoning Code should there be
a conflict.
(b)
There may not be less than two and not more than eight units
in a single- or two-family attached dwelling group.
(c)
No driveway or parking lot should be closer than 25 feet to
the front of any building or 10 feet to the side or rear of any building.
(d)
In the case of an enclosed garage or carport provided as a portion
to the main structure, distance requirements for driveways providing
access to these accommodations shall not apply.
(e)
Buildings shall not have large or long continuous wall or roof
planes. Varied roof heights, projecting bays, gables, recesses, porches,
and other architectural design elements shall be used to visually
divide larger buildings. To prevent an out-of-scale, monolithic appearance
buildings shall be visually divided into smaller sections no longer
than 50 feet in length by gaps, recesses, or other architectural devices
in such a way that adjacent buildings and facades define a continuous
street wall and pedestrian-friendly streetscape.
(f)
Accessory structures, such as clubhouses, pools, pool buildings,
storage buildings, and trash enclosures, shall be located in a manner
that does not disturb or encroach upon the streetscape (pedestrian
walkways, roadways, etc.) or adjacent residential neighborhoods.
(g)
Parking areas may be located in any setback other than the front
setback, but no closer than 20 feet from any property line and shall
comply with all other regulations of the district in which the use
is located.
(4)
Public self-storage facilities shall meet the following standards:
(a)
The minimum lot area shall be one acre. All self-storage structures shall be set back a minimum of 100 feet from front lot line, and meet the side and rear setbacks in § 114-16B of this chapter. All other buildings or structures on site shall meet the setback requirements in § 114-16B of this chapter. The setback requirements for outdoor storage areas shall be the same as required for buildings.
(b)
All activities associated with the on-site retail sales of storage
services, including the lease of fixed, individually secured and self-contained
storage lockers or rooms, must occur within a permanent, approved
and permitted enclosed structure on property owned, operated or otherwise
legally controlled by the lessor of said retail storage services.
Any incidental outdoor storage, such as parking for automobiles, trucks,
buses, motorcycles, and highway and non-highway recreational vehicles,
must be shown on the site plan, and it shall be screened with walls
or fences as determined by the Planning Board.
(c)
Public self-service storage facilities shall be limited to long-term
storage use only. No activities other than rental of storage units
and pickup and deposit of long-term storage items shall be allowed.
"Long-term storage" will be defined as the storage of goods or materials
for a period of 60 days or greater.
(d)
All rental contracts shall include clauses prohibiting:
[1]
The storage of flammable liquids and highly combustible, radioactive
or explosive materials, hazardous chemicals or substances considered
illegal under state or federal statutes.
[2]
The use of property for uses other than long-term storage.
[3]
Short-term storage of items for the intent of warehousing activities
and/or for retail sales.
[4]
The storage of perishable items or live animals.
(e)
The owner shall inspect each and every storage unit for cause
or at a period no greater than once yearly. The owner shall maintain
records of their inspections and make them available to the Code Enforcement
Officer upon request.
(f)
The building spacing must allow for a fire apparatus access
lane as required by the New York State Building Code and be designed
according to AASHTO standards to accommodate all types of vehicles
maneuvering through the entire site.
(g)
Vehicle access shall be designed so as to accommodate auto,
van, light-duty trucks and other two-axle vehicles. Internal site
circulation lanes shall be adequate in dimensional cross-section,
width and turning radii, where applicable, to provide for the maneuverability
of fire trucks. Adequate access shall be determined by the Planning
Board in consultation with the Highway Superintendent and Fire Department.
(h)
Drives shall be surfaced with asphalt or oil and chip or some
other hard-packed material capable of sustaining the weight of fire
equipment. All interior travel lanes shall be posted to prohibit parking.
(i)
Landscaping. Plantings shall be provided in all yards facing
public rights-of-way to visually screen the storage units from public
view. Storage unit doors shall be screened from visibility from public
streets to the maximum extent practicable. An earthen berm along the
public right-of-way along with plantings is recommended to screen
self-storage units from public view.
(j)
In instances where development prohibits views to the rear of
the property, landscaping and buffer requirements shall be determined
at the discretion of the Planning Board.
(k)
Security. The entire site shall be designed to minimize the
potential for vandalism or criminal activity. Any fencing for security
or aesthetic purposes shall be approved by the Planning Board as to
material, height and color.
(l)
Hours of operation for self-storage facilities shall be limited
to the hours of 6:00 a.m. to 11:00 p.m. daily.
(m)
Signs shall be installed in accordance with applicable provisions
of this chapter; however, no signs shall be permitted on any portions
of the security fencing.
(n)
Rental unit size shall be limited to a maximum of 400 square
feet, and no single tenant shall be permitted to rent or lease more
than 2,000 square feet.
(o)
Buildings shall be designed and oriented to reduce the visual
impact on adjacent properties and existing roadways.
(p)
No building shall have an exterior wall height greater than
10 feet nor shall any single self-storage structure be longer than
150 feet in length.
(5)
Retail business establishments.
(a)
For all retail business establishments, the procedures, requirements,
and standards listed in this article shall apply.
(b)
In addition to the procedures, requirements, and standards listed
in this article, for retail business establishments with a floor area
of 15,000 square feet or more, the following standards shall be met:
[1]
The retail business establishment shall have its frontage on
a state or county road, and ingress and egress for the site shall
be designed so as not to constrict the flow of traffic on the public
road.
[3]
Parking, loading, and service areas shall be located entirely
within the confines of the lot, shall be physically separated from
public streets by buffer strips against un-channcled motor vehicular
ingress.
[4]
All access ways to a public street, according to access management
standards, shall be located not less than 200 feet (for a 30 or greater
mph area) and 495 feet (for a 55 or greater mph area) from the intersection
of any street line.
[5]
Along any adjoining lot line, a buffer strip shall be provided
which shall not be less than 25 feet in thickness and shall be planted
with at least grass, shrubs and trees (to attain an average height
of at least 12 feet) along the entire length of the lot line to serve
as a barrier to visibility, airborne particles, glare and noise. Such
screen planting shall be located within at least the exterior 10 feet
of the buffer strip.
[6]
All parking, loading, access and service areas shall be adequately
illuminated at night.
(6)
Sawmills.
(a)
For all sawmills, the procedures, requirements, and standards
listed in this article shall apply.
(b)
In addition to the procedures, requirements, and standards listed in this article, all proposed sawmills must meet the requirements for manufacturing facilities as prescribed in § 114-25A(2).
(7)
Slaughterhouses and custom meat processing facilities shall meet
the following standards:
(a)
The facility must have all necessary federal, state and county
licenses and approvals, and comply with all state and federal health
and safety regulations.
(b)
Slaughter of animals shall take place inside a closed building
in a confined area to prevent the transmission of sound associated
with the slaughter to the outside.
(c)
Off-street parking sufficient to handle all customers, employees,
trucks or transport vehicles shall be provided. Parking for all traffic
utilizing the business shall be provided for on-site and off public
roads, and other easements.
(d)
A waste management plan for the facility shall be provided and
approved in writing by the Cayuga County Health Department.
(e)
Waste slaughter by-products shall be disposed of in accordance
with all applicable federal, state, county, and local regulations.
At a minimum, waste shall be disposed of within 48 hours of being
produced. Waste shall be stored in airtight containers and shall be
confined in fully enclosed structures. Manure from holding areas shall
be removed from the site daily or stored in a manner to control odor.
(f)
Exterior storage areas, including animal storage areas, and
vehicle and trailer storage, shall be fenced and screened from adjacent
property and public rights of way. Fencing shall be sufficient to
provide adequate screening and contain animals securely on the owner's
property at all times. Based on site-specific conditions, including
topography adjacent structures, and roadways, reasonable efforts shall
be made to minimize visual impacts by preserving and/or enhancing
natural vegetation, and providing landscape screening to abutting
properties and roads.
