In addition to meeting the general requirements listed in §
245-24, the following requirements for specific uses requiring a special use permit, must be shown to be met.
A. Public utilities. Public utility uses, such as dial equipment centers and substations, but no service or storage yards, may be permitted in any district with a special use permit. No special use permit shall be issued unless the Village Board shall determine that:
(1) The proposed installation in a specific location is necessary and convenient for 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.
(2) 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 of property rights of the district in which it is located.
(3) Adequate and attractive fences and other safety devices will be provided.
(4) A buffer strip 10 feet in width shall be provided around the perimeter of the property.
(5) Adequate off-street parking shall be provided.
(6) All the area, yard, and building coverage requirements of the respective district will be met.
B. Gasoline service stations.
(1) The site layout shall accommodate safe delivery of fuel and other merchandise without blocking or impeding traffic on the site or on the adjoining streets.
(2) Fuel, oil, and other materials which are environmentally hazardous, shall be stored, controlled, and disposed of in accordance with the Rules and Regulations of the NYS Department of Environmental Conservation.
(3) Pumps, other service devices, and fuel and oil storage shall be located at least 25 feet from all lot lines.
(4) A curbed landscaped area shall be maintained at least three feet in depth along all street frontage space not used as driveway. The required landscaping and screening treatments of such area shall be determined through site plan review.
(5) Premises shall not be used for the sale, rent or display of automobiles, trailers, mobile homes, boats, or other vehicles.
(6) No vehicle repair shall be permitted.
C. Single-family cluster residential developments. Cluster residential developments of one-family dwellings may be permitted in the R-1 Residential District of the Village, provided that the following conditions are observed:
(1) The project shall encompass a minimum land area of 10 acres.
(2) The developer shall dedicate all unsubdivided lands to permanent open space. In no case shall these lands be less than 25% of the total project area. All such lands shall be suitable, in the opinion of the Village Zoning Board of Appeals, for the intended use. Such lands shall be offered for dedication to the Village Board of the Village of Angola.
(3) The developer shall have received informal conditional approval of the Village Zoning Board of Appeals of the design and an arrangement of streets, lots, open areas, and other elements of the project prior to filing the special use permit application.
(4) The requirements of this chapter insofar as density, minimum lot area, minimum lot width, minimum side and rear yard areas, and maximum lot coverage are as specified in the schedule of this chapter. All other requirements of this chapter shall be adhered to. In approving a cluster development, the Village Board shall alter the "bulk requirements" as listed in the zoning schedule.
D. Residential garden apartments and multiple-dwelling developments. Residential garden apartments and multiple-dwelling developments may be permitted by special use permit, provided that the additional following standards are observed:
(1) General standards.
(a) All proposed structures, equipment or material shall be readily accessible for fire and police protection.
(b) The proposed use shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties.
(2) In addition to the above, in the case of any use located in or directly adjacent to a residential district:
(a) The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to or incongruous with the said residential district or conflict with the normal traffic of the neighborhood.
(b) The location and height of buildings, the location, nature and height of walls and fences, and the nature and extent of screening and landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.
(3) Specific standards.
(a) Maximum building coverage. The maximum building coverage of the lot shall not exceed 20%, including accessory buildings. The remainder of the lot, excluding necessary parking areas and vehicle access facilities, shall be reserved as open space.
(b) Minimum lot size and dimensions:
(c) Maximum height of buildings: 35 feet or 2 1/2 stories.
(4) Other regulations.
(a) The maximum density permitted shall not exceed eight dwelling units per acre for one- or two-bedroom apartments and four dwelling units per acre when apartments exceed two bedrooms.
(b) The minimum floor area for one-bedroom apartments shall not be less than 600 square feet; the minimum floor area for two-bedroom apartments shall not be less than 800 square feet; and the minimum floor area for three-bedroom and larger apartments shall not be less than 1,000 square feet.
(c) One off-street parking space shall be provided for every apartment in housing for the elderly. All other off-street parking shall have three spaces provided for every two apartments or as required by the Zoning Board of Appeals based on a parking report.
(d) Adequate recreational facilities shall be provided. A minimum of 10% of the total lot area shall be devoted to recreational activities, such as a swimming pool, tennis courts, etc.
(e) No less than 1/4 of the total lot area shall be professionally landscaped. Landscaping accomplished in connection with protection of parking areas of front yard area may be included as a portion of the required 25%.
(f) The site shall be designed as a self-contained unit with separate ingress and egress, if possible, to existing Village streets. Access requirements shall be subject to the review and approval of the Zoning Board of Appeals by referral from the Village Board.
(g) The erection or anticipated erection of garden apartments or multiple dwellings under this section shall result in the installation of operable public water, sewerage and drainage facilities, including fire hydrants. The developer shall pay for these required improvements necessary to such development.
E. General special use permit requirements for uses in the I Industrial District. All industrial uses are permitted by special use permit, subject to the additional standards as hereinbelow set forth:
(1) All proposed structures, equipment or materials shall be readily accessible for fire and police protection.
(2) The proposed use shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties.
(3) In addition to the above, in the case of any use located in or directly adjacent to a residential district:
(a) The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to or incongruous with the said residential district or conflict with the normal traffic of the neighborhood.
(b) The location and height of buildings, the location, nature and height of walls and fences, and the nature and extent of screening and landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.
F. Landscape facility, which are defined as land and building used for the sale and storage of plants, trees, shrubs, soil, stone, mulch, landscape timbers and other material directly related to and customarily used for landscaping, must meet the following additional standards:
(1) Plants, trees, shrubs, soil, stone, mulch, landscape timbers and other materials shall not be stored outdoors within 50 feet of any street right-of-way.
(2) All equipment and machinery used in the connection with such landscaping operation shall be stored indoors.
(3) Where the landscape facility abuts a residential district, it shall be screened by a buffer no less than 50 feet in depth, composed of densely planted evergreen shrubbery, fencing or a combination of both or other screening as recommended by the Zoning Board of Appeals and approved by the Village Board. Such screening shall be in keeping with the character of the adjacent residential area, and if any shrubbery becomes decayed or fails to provide an adequate screen, the Code Enforcement Officer may direct the owner to replace said shrubbery. In the line between a residential district and a B-2 District lies in a street right-of-way or on a right-of-way opposite the right-of-way line within or closest to the B-2 District, the 50-foot buffer shall be measured from the right-of-way line within or closest to the B District.
G. Satellite antennas. A satellite antenna, which is defined herein as a parabolic dish or other antenna or device, the purpose of which is to receive television, radio and/or microwave or other signals from space satellites, may be erected and maintained, subject to the following additional requirements:
(1) A special use permit shall be obtained from the Village Board in accordance with Article
VI of this chapter; provided, however, that no public notice shall be required unless ordered by the Village Board. Likewise, the Village Board may dispense with the filing of a site plan but may require a sketch of the proposed location.
(2) The satellite antenna shall not exceed 15 feet in height, width or depth.
(3) The Village Board shall have the power to designate the exact location of the antenna and to require any landscaping or screening to protect the aesthetic appearance of the area.
(4) No satellite antenna shall be installed on or above any building or structure, except in commercial or industrial districts.