[Amended 5-1-1986 by L.L. No. 4-1986]
A. Issuance of permits.
[Amended 9-27-2005 by L.L. No. 9-2005]
(1) The Town of Irondequoit considers the review and approval
of special use permits for major principal land uses prior to the
issuance of building permits to be an essential element of local land
use control. The special use permit review and approval process outlined
in this article is designed to ensure that certain proposed development
projects meet a predetermined set of standards and criteria prior
to approval, based on the nature of the land use involved and the
characteristics of the site proposed for that land use. These standards
and criteria are designed to ensure that development costs of proposed
projects are minimized or eliminated altogether. The special use permit
review and approval process ensures that development proposals are
analyzed for their impacts on local growth, public facilities and
infrastructure, as well as surrounding land uses and natural features.
The process is also designed to ensure that land resources are utilized
in the most appropriate and desirable manner.
(2) Except as otherwise provided for in this article with
respect to the authority of the Town of Irondequoit Planning Board
to issue special use permits within the Waterfront Development (WD),
LaSalles Landing (LLD) and River Harbor (RH) Districts, and for cannabis
facilities in the M Manufacturing District, the Irondequoit Town Board
shall issue all other special use permits required under this zoning
law.
[Amended 8-16-2022 by L.L. No. 4-2022]
B. The Town of Irondequoit Planning Board, in accordance
with the provisions of § 274-b of New York State Town Law,
as amended or changed, shall have the authority to issue special use
permits for the following uses permitted within the Waterfront Development
(WD) District only, prior to the issuance of any building permits:
(1) Principal uses.
(a)
Multifamily dwellings, apartment buildings or
other similar uses.
(b)
Townhouses, row houses and other similar uses.
[Amended 3-19-2015 by L.L. No. 2-2015]
(c)
Commercial parks, playgrounds or beaches, amusement
parks, golf courses, tennis/racquetball clubs or other similar uses
operated for gain.
(d)
Private clubs or camps, private membership clubs,
lodges or fraternal organizations, neighborhood or community centers,
YMCA or YWCA or other similar uses.
(f)
Motels, hotels or boatels.
(g)
Yacht clubs or other similar uses.
(h)
Marinas, boat docks, docking basins, boat launching
ramps, including related retail sales of pleasure boats, marine and
fishing supplies, and other similar uses.
(i)
Boat service, repair, rental and storage facilities
or other similar uses.
(j)
Stores, shops and boutiques designated for festive
retail uses and activities.
(k)
Public utility buildings or structures, including,
but not limited to, electrical substations.
(l)
Combinations of permitted principal uses based
on a determination by the Town Planning Board that such combinations
are appropriate for the proposed waterfront area and are compatible
with the purpose and intent of this district, as well as the goals
and policies of the Local Waterfront Revitalization Program (LWRP).
Each such proposed use shall be subject to special use permit review
and approval.
(m)
Other uses not specifically listed above but
which, based on a determination by the Town Planning Board, are deemed
appropriate for waterfront areas; are similar in nature to permitted
principal uses; and are compatible with the purpose and intent of
this district, as well as the goals and policies of the Local Waterfront
Revitalization Program (LWRP).
(2) Accessory uses.
(a)
Radio, TV or CB antennas that require a permit
from the Town Zoning Board of Appeals.
(b)
All signage, with the exception of real estate
signs, temporary political signs and accessory traffic signs.
(c)
Outdoor storage of boats.
(d)
Fishing piers, wharves, boat launching ramps
and similar waterfront structures and facilities.
(e)
Accessory dredging and filling.
C. Cannabis
facilities. The Town of Irondequoit Planning Board, in accordance
with the provisions of § 274-b of New York State Town Law,
as amended or changed, shall have the authority to issue special use
permits for cannabis retail dispensaries and on-site cannabis consumption
facilities within the Manufacturing (M) District prior to the issuance
of any building permits. Such facilities must comply with the following
requirements.
[Added 8-16-2022 by L.L. No. 4-2022]
(1) Introduction.
(a) The Town of Irondequoit has opted to allow adult-use cannabis retail
dispensaries and on-site consumption facilities with a special use
permit issued by the Planning Board, subject to the time, place and
manner provisions below.
(b) The following requirements apply to all cannabis facilities.
(2) New
York State license required.
(a) Cannabis facilities must have a valid license issued by the New York
State Office of Cannabis Management.
(b) Special permit requirements are intended to regulate the time, place
and manner of licensed cannabis facilities. The Planning Board shall
not apply any requirements that conflict with the provisions of the
NYS license.
(3) Location.
(a) Cannabis facilities shall be allowed with a special use permit in
the M Manufacturing District only.
(b) Cannabis facilities shall not be permitted within 1,000 feet of any
school or Town-owned park or playground, or within 500 feet of any
place of worship. A map depicting the excluded areas shall be maintained
by the Town Code Enforcement Officer.
(c) No cannabis facility shall be located within 500 feet of another
cannabis facility in the Town of Irondequoit.
(d) Separation distances shall be measured in a straight line from the
nearest point of each property line.
(4) Physical
requirements.
(a) The principal entrance must be located on a public thoroughfare at
street level.
(b) All aspects of the cannabis facility, except for the transportation
of product or materials, must take place within a fully enclosed building
and shall not be visible from the exterior of the business.
(c) No outside storage is permitted.
(d) The area of any cannabis retail dispensary that is open to the public
shall not exceed 5,000 square feet gross floor area.
(e) Ventilation: All cannabis facilities shall be ventilated in such
a manner that no odor from cannabis or its use can be detected by
a person with an unimpaired and otherwise normal sense of smell at
the exterior of the cannabis facility or at any adjoining use or property.
(f) Signage must be approved by the New York State Office of Cannabis Management and comply with the sign regulations in Article
XXI of Chapter
235 of the Code of the Town of Irondequoit.
(g) Exterior lighting shall not extend beyond property lines.
(h) No cannabis facility shall be located inside a building containing
residential units, including transient housing such as motels and
dormitories.
(i) The use of a walk-up or drive-through window service is prohibited.
(j) If the license issued by the New York State Office of Cannabis Management
specifies other, additional, or more specific provisions relating
to the size, site plan or other physical attributes of the facility,
the provisions in such license will apply instead of the requirements
of this section.
(5) Operations.
(a) Security.
[1] All cannabis retail dispensaries and on-site consumption facilities
shall provide and maintain adequate security measures and safety plans.
(b) Hours of operation may be determined by the Planning Board subject
to the following limitations:
[1] In no event shall a cannabis retail dispensary be open to the public
before 7:00 a.m. nor after 10:00 p.m.
[2] In no event shall an on-site consumption facility be open to the
public between 12:00 midnight and 7:00 a.m.
(c) If the license issued by the New York State Office of Cannabis Management
specifies other, additional, or more specific security provisions,
hours of operation or other provisions relating the facility operation,
the provisions in such license will apply instead of the requirements
of this section.
[Amended 4-21-1988 by L.L. No. 4-1988; 12-15-1998 by L.L. No. 8-1998]
A. An application for special use permit review and approval
shall be made in writing on the appropriate forms and shall be filed
with the Town Department of Planning and Zoning. An application for
special use permit review and approval shall require and be made in
tandem with an application for site plan review and approval for the
proposed project. These two applications shall be subject to the information
submission requirements and shall follow one review and approval process
as outlined in this section. The application for special use permit
review and approval shall be considered during the public hearing
on the preliminary site plan. No additional fee shall be required
of the applicant in order to process the special use permit application.
B. Transportation impact analysis.
(1) A transportation impact analysis, to be prepared by
the applicant, submitted with the application for special use permit
approval and reviewed by the Town Planning Board, shall be required
as a condition of a special use permit application in the following
cases:
(a)
Any development which will have direct access
to a collector or arterial road.
(b)
Any residential development which proposes to
have more than 25 dwelling units.
(c)
Any use which will generate in excess of 100
trips per day. (The cumulative transportation impacts of adjacent
development on the existing road network shall also be considered
when determining trip generation rates.)
(d)
Any development located on a street, road or
highway that provides a direct access to Irondequoit Bay or to Lake
Ontario.
(2) The transportation impact analysis shall include the
following:
(a)
A description of the proposed site and the existing
highway network within one mile of the site.
(b)
A detailed description of road conditions and
characteristics, including grade, pavement widths and surface conditions.
(c)
The locations of intersections, traffic signals
and public transportation facilities.
(d)
A description of existing traffic conditions,
including average daily traffic volume, design hour volume and roadway
and intersection service levels for each road or highway included
in the project.
(e)
A determination of the development's anticipated
transportation impact using standard trip generation rates and accepted
traffic modeling methodologies that consider the effects on adjacent
development and provision for access controls.
(f)
A detailed description of the proposed local
street system for the development site.
C. An application for special use permit review and approval
for all principal uses permitted within the Waterfront Development
(WD) District shall be accompanied by a natural resource inventory
and visual analysis for the proposed development site that identifies
all of the environmentally sensitive or unique areas within the site,
including but not limited to steep slopes, wetlands, woodlots, floodplains,
scenic views and vistas and wildlife habitats. The natural resource
inventory shall also indicate how the proposed development will impact
these areas and what mitigating measures will be taken to minimize
any adverse impacts. The visual EAF addendum, prepared by the New
York State Department of Environmental Conservation, shall be used
to supply information for the visual impact analysis required above.
D. Historic and/or cultural analysis.
(1) An application for special use permit review and approval
for all principal uses permitted within the Waterfront Development
WD District shall be accompanied by an analysis of the proposed development
site for significant historic or cultural resources. The criteria
for evaluating significant historic or cultural sites shall be the
quality of significance in American or local history, architecture,
archaeology and culture that is present in districts, sites, buildings,
structures and objects of state and local importance that possess
integrity of locations, design, setting, materials, workmanship, feeling
and association and:
(a)
That are associated with events that have made
a significant contribution to the broad patterns of our history;
(b)
That are associated with the lives of persons
significant in our past;
(c)
That employ distinctive characteristics of a
type, period or method of construction or that represent the work
of a master or that possess high artistic values or that represent
significant and distinguishable entities whose components may lack
individual distinction; or
(d)
That have yielded or may be likely to yield
information important in prehistory or history.
(2) A preliminary records check by the Rochester Museum
and Science Center shall be prepared in the early stages of the project
review and shall be submitted b the applicant with the initial project
application to identify potentially historic areas.
(3) Developers shall allow historical and archaeological
officials access to the project site during excavation operations.
(4) The developer, in cooperation with local officials
and the Rochester Museu and Science Center staff, shall preserve architecturally
significant structures and make a photographic and statistical record
of those that must be destroyed.
A. Approval by the Town Planning Board of any special
use permit shall be contingent on a finding by the Board, based on
the information submitted and testimony made at the public hearing,
written project reviews by the appropriate agencies and a recommendation
from the Monroe County Division of Planning and Zoning, that the proposed
project or development will, as applicable:
(1) Provide adequate and safe site access.
(2) Provide adequate site utility service, including water
supply, sewage and refuse disposal.
(3) Be compatible with and enhance, to the extent possible,
the existing natural features of the site and the surrounding area.
(4) Provide adequate year-round site fire protection services.
(5) Relate, in an adequate and appropriate manner, to
the depth of bay water adjacent to the site.
(6) Relate, in an adequate and appropriate manner to and
in general be compatible with, the existing land use and zoning pattern
in the immediate area.
(7) Comply, to the greatest extent possible, with the
applicable site design criteria and other zoning district requirements
outlined in this chapter.
(8) Provide public access to the shore zone to the extent
possible and desirable given the nature of the site and proposed use.
B. Approval by the Town Planning Board of any special
use permit shall be contingent on a finding by the Board, based on
the information submitted and testimony made at the public hearing,
written project review by the appropriate agencies and a recommendation
from the Monroe County Division of Planning and Zoning, that the proposed
project or development will not, as applicable:
(1) Adversely effect the orderly development and character
of the surrounding neighborhood.
(2) Cause an inappropriate or undesirable number of similar
uses to be concentrated in the immediate area.
(3) Be a nuisance to neighboring land uses in terms of
the production of obnoxious or objectionable noise, dust, glare, odor,
refuse, fumes, vibrations, unsightliness, contamination or other similar
conditions.
(4) Create undue hazards or dangers to the general public
or to persons in the vicinity of the project from fire, explosions,
electricity, radiation, crowds, traffic congestion, parking of automobiles
or other similar conditions.
(5) Cause undue harm to or destroy existing sensitive
natural features on the site or in the surrounding area or cause adverse
environmental impacts, such as severe erosion and/or sedimentation,
slope destruction, flooding or ponding of water or degradation of
water quality.
(6) Be incompatible with the type, extent and direction
of building development for the site and surrounding area, as proposed
in the Town of Irondequoit Comprehensive Plan or portion thereof and
as adopted by the Town Planning Board.
(7) Be incompatible with any of the official policies
of the Town of Irondequoit Local Waterfront Revitalization Program
(LWRP).
(8) Destroy or adversely impact significant historic and/or
cultural resource sites.
(9) Require an unnecessary or destructive amount of dredging,
filling or other disturbance of the waters of Irondequoit Bay or Lake
Ontario.
C. The Town Planning Board shall review the application for special use permit approval based on the criteria and considerations listed above. Should the applicant, based on the findings of the Board, fail to meet any one of the criteria or requirements listed above, either because of the basic nature and design of the project or the lack of appropriate mitigating measures, the request for approval of the special use permit shall be denied. Should the applicant, based on findings of the Board, meet all of the criteria or requests listed above, either because of the basic nature and design of the project or the inclusion of appropriate mitigating measures, then the request for approval of a special use permit shall be granted. The applicant shall then require approval of the project's preliminary site plan from the Town Planning Board. Procedures for the further review of the site plan application shall follow those particular requirements as outlined in this section. The Town Planning Board may approve an application for a special use permit subject to appropriate conditions and/or the inclusion of mitigating measures that will ensure compliance with the criteria and requirements listed above. In such a case, no further review or action on the special use permit application shall be required. However, failure to comply with the conditions of the special use permit shall be considered a violation of this chapter shall result in the application of the appropriate penalties and/or fines as outlined in Article
XIX of this chapter and the possible revocation of other permits.
D. As a part of the special use permit review and approval
process, the Town Planning Board shall be empowered, in accordance
with the provisions of § 278 of New York State Law, as amended
or changed, to establish, change and/or modify lot size, building
setback, building height and other dimensional requirements for specific
principal and/or accessory uses as listed in the Waterfront Development
(WD) District. In making such determinations, the Town Planning Board
shall be guided by the appropriate requirements and considerations
listed above for review of the special use permit application, as
well as the policies of the Town of Irondequoit Local Waterfront Revitalization
Program (LWRP). Dimensional requirements for these uses, as reviewed
and approved by the Town Planning Board, shall be incorporated into
the site plan design through the preliminary site plan review process.