Article IV of this chapter designates certain land uses in certain districts as conditional uses which are permitted only on securing a special use permit in each case from the Zoning Board of Appeals. These conditional uses are hereby declared to possess characteristics which require that each specific use shall be considered an individual use. A conditional use shall not be considered as a permitted use until a special use permit for such conditional use is granted by the Zoning Board of Appeals pursuant to this article. Any conditional use for which a special use permit is granted by the Zoning Board of Appeals shall be deemed a use permitted in the district in which located, except that a separate special use permit shall be required prior to any addition to or enlargement of such conditional use. No special use permit shall be issued for any conditional use except as provided in this article, and any special use permit issued pursuant to this chapter shall affect only the premises for which it shall have been granted.
A.
General. All conditional uses permitted pursuant to
the provisions of this chapter in a district upon the issuance of
a special use permit shall be subject to the jurisdiction of the Zoning
Board of Appeals.
B.
Application. An application for a special use permit
to permit the erection, alteration or use of a building, structure
or premises for a conditional use permitted upon the issuance of a
special use permit in the district in which said premises is currently
or is proposed to be located shall be submitted to the Zoning Board
of Appeals.
C.
Information required to accompany application. No application for a special use permit shall be valid unless it shall contain all the information required by § 225-72C of this chapter and unless there shall be annexed thereto four copies of the information required by § 225-72D, together with any other information which the Zoning Board of Appeals shall deem pertinent or useful in determining whether the proposed conditional use meets the requirements of this chapter.
D.
Referral of application to Planning Board. Upon receipt
of an application for a special use permit, the Zoning Board of Appeals
shall immediately refer such application, together with one copy of
the information accompanying such application, to the Planning Board
for its recommendations. The Zoning Board of Appeals shall not take
final action upon the application for a special use permit until receiving
the report and recommendations of the Planning Board; except that
if the Planning Board fails to report to the Zoning Board of Appeals
within 30 days of such referral, the Zoning Board of Appeals may take
final action without such report.
E.
Application for area variance. Notwithstanding any provision of law to the contrary, where a proposed special use permit contains one or more features which do not comply with this chapter, application may be made to the Zoning Board of Appeals for an area variance pursuant to Article XVI without the necessity of a decision or determination by the Code Enforcement Officer.
F.
Public hearing and decision as to permit. The Zoning
Board of Appeals shall conduct a public hearing within 62 days from
the day the completed application is received on any matter referred
to it under this article. Public notice of such hearing shall be published
in the official newspaper at least five days prior to the date thereof.
The Board shall decide the application within 62 days after the hearing.
The time within which the Board must render its decision may be extended
by mutual consent of the applicant and the Board. The decision of
the Board on the application after holding the public hearing shall
be filed in the office of the Village Clerk/Treasurer within five
business days after the day such decision is rendered and a copy thereof
mailed to the applicant.
[Amended 6-24-2002 by L.L. No. 4-2002]
G.
Notice to applicant and county planning agency. At
least 10 days before such hearing, the Zoning Board of Appeals shall
mail notices thereof to the applicant and to the county planning agency,
as required by § 239-m of the General Municipal Law, which
notice shall be accompanied by a full statement of the matter under
consideration.
H.
Compliance with State Environmental Quality Review
Act. The Zoning Board of Appeals shall comply with the provisions
of the State Environmental Quality Review Act under Article 8 of the
Environmental Conservation Law and its implementing regulations as
codified in 6 NYCRR 617.
I.
Basis for determination. Before issuing a special
use permit, the Zoning Board of Appeals shall consider the public
health, safety, morals and welfare and shall make the following findings:
(1)
There shall not be any unreasonable detrimental effect
by the establishment of such conditional use on any other building,
structure or use, actual or permitted, within the district.
(2)
Such conditional use and site development plan are
in harmony with and will not impede the orderly development of the
district, and the location, nature and height of buildings, structures,
walls, fences and parking areas will not discourage the appropriate
development and use of the adjacent lands.
(3)
The water supply, sewage disposal and surface drainage
systems shall be adequate to serve the conditional use.
(4)
The flow, control and safety of traffic in the district
will not be adversely affected to an unreasonable degree by such conditional
use.
(5)
The plans for such conditional use provide that all
structures, equipment and materials shall be reasonably accessible
for police and fire protection.
(6)
The plans for such conditional use contain reasonable
provision for open spaces and recreational areas appropriate to such
conditional use.
(7)
The plans for such conditional use meet the prescribed
requirements of this chapter, inclusive of the requirements for the
district in which located and the following prescribed standards,
and are not otherwise prohibited by law, ordinance, rule or regulation.
[Amended 12-23-2015 by L.L. No. 4-2015]
In addition to the above general provisions, a bed-and-breakfast homestay shall be subject to § 225-40A and shall comply with the following prescribed standards:
A.
Preparation of food. The only meal that may be provided to guests
shall be breakfast, and, if provided, it shall only be served to guests
taking lodging in the home.
B.
Interior design standards. The architectural integrity and arrangement
of the existing interior spaces must be maintained; the number of
guest rooms shall not be increased.
C.
Exterior design standards. The exterior appearance of the structure
shall not be altered from its single-family character.
D.
Inspections. Each bed-and-breakfast homestay operation shall be subject
to an annual inspection by the Village Code Enforcement Officer.
F.
Notwithstanding any other provision of this chapter, no more than
eight bed-and- breakfast homestays (of which no more than three may
be in the A-2 Zoning District), including those grandfathered pursuant
to § 225-69.7, shall be permitted in the Village. Any bed-and-breakfast
homestays in excess of that amount shall not be permitted.
G.
Off-street parking. Each bed-and-breakfast homestay shall provide
one off-street parking space for each sleeping room used to accommodate
guests, plus two parking spaces for the owner(s).
A.
In addition to the above general provisions, a care
home shall be accessible to on-site and off-site active and passive
recreation facilities (indoor and outdoor), retail goods and services,
libraries, places of worship, medical services and such other facilities
which may be considered necessary or appropriate to the needs of the
prospective occupants of such care home.
B.
Grant of power to waive requirements for care homes.
(1)
Purpose. The Board of Trustees recognizes the necessity
of encouraging the development of care homes in order to accommodate
the physical and social planning needs of their prospective occupants
consistent with the health, safety and welfare of the entire community
but in accordance with such standards as will not be detrimental to
adjoining land uses. It is the determination of the Board of Trustees
that in certain instances the restrictions contained in this chapter
may not be reasonable or necessary with respect to a particular care
home and may in fact tend to discourage the development of care homes.
[Amended 6-24-2002 by L.L. No. 4-2002]
(2)
Power to grant waivers. In order to encourage the
development of care home facilities in the Village, the Zoning Board
of Appeals, upon holding a public hearing and securing the approval
of the Board of Trustees by local law, may alter, waive or modify
the application of any restriction contained in this chapter with
respect to a care home. In considering any such deviation, consideration
shall be given to the following criteria:
(a)
Age and mobility of prospective occupants.
(b)
Nature of any custodial care and/or supervision
of prospective occupants, where required.
(c)
Regulations of any agency, private or public,
having jurisdiction over a specific care home, to the extent such
regulations are actually imposed or are to be imposed.
(d)
Accessibility to on-site or off-site active
and/or passive recreational facilities (indoor and outdoor), retail
goods and services, libraries, places of worship, medical services
and such other facilities which may be considered necessary and/or
appropriate to the needs of the prospective occupants.
(e)
Traffic-generating characteristics of the care
home use with particular emphasis on visitation privileges, loading
requirements and availability and nature of public or private transportation
facilities.
(f)
Such other elements which are relevant to the
particular circumstances of each individual case.
(3)
It is the express purpose of this Subsection B to encourage the development of care homes by providing for the physical and social planning needs of the prospective occupants thereof consistent with the health, safety, and welfare of the entire community. The granting of waivers, alterations, or modifications shall be discretionary, and whether or not granted, conditions may be imposed upon the development of any care home which are considered necessary and/or appropriate. A statement of the nature of all deviations requested from the applicable provisions of this chapter shall be set forth in the notice of public hearing for the special use permit. All applications for care homes shall be otherwise subject to the procedures and regulations set forth in this chapter.
[Added 3-22-1999 by L.L. No. 1-1999; amended 9-22-2011 by L.L. No. 1-2011; 12-23-2015 by L.L. No. 4-2015]
In addition to the above general provisions, a hotel or lodging
use shall comply with the following prescribed standards:
A.
Preparation and service of food. Meals may be served to registered
and invited guests.
B.
Off-street parking. One parking space for each sleeping unit or suite,
plus one parking space for each staff employee for the day shift and
one space for a management vehicle, shall be provided. One additional
parking space for each five persons accommodated in meeting rooms
shall be provided. Parking requirements may be varied by the Zoning
Board of Appeals to satisfy the conditions.
C.
Density of development. The density of buildings and structures related
to this use shall comply with the current Density Control Schedule[1] for the Residential A-2 District, except for the minimum
open space which shall be 80%.
[1]
Editor's Note: The Density Control Schedule is included as an attachment to this chapter.
D.
Design and layout. Imaginative design of buildings and structures
is encouraged. Both the Planning Board and the Zoning Board of Appeals
shall be provided with drawings showing the proposed site layout,
landscape treatment, facade design and building materials to be used.
In reviewing these drawings the Boards shall consider the compatibility
of the proposed development with the surrounding neighborhood, traffic
congestion or hazards, suitable recreational spaces, landscaping and
preservation of natural features and views.
E.
Outdoor storage. Any outdoor storage of garbage and rubbish shall
be in containers which are enclosed in such a way as to be concealed
from public view and inaccessible to children, dogs, and vermin.
F.
Buffers and visual barriers. Where a lot and such use abut a residential
use, there shall be provided around parking, driveways and outside
activity areas a wall, fence or compact evergreen hedge or a landscaped
strip of trees or shrubs so designed as to form a visual screen not
less than six feet in height at the time of planting or construction
to screen such activity from the adjacent residential property. It
shall be the responsibility of owners of said lots to maintain such
visual screens placed on their property. Site lighting shall be subtle,
indirect and shielded from neighboring properties.
G.
Landscaping. Lot area not required for buildings, structures or parking
shall be landscaped with grass, decorative trees and shrubs. A plan
showing the location and species of plant material shall be provided.
H.
Driveways and curb cuts. No more than two driveways or curb cuts
from such use to a public street shall be permitted. Driveways from
parking lots shall have a maximum grade of 8% and shall be graded
so as to provide at least 40 feet of nearly level roadway at any intersection
with a public street.
I.
Access drives and parking space. Yards may be used for access drives
and parking space. No access drive or parking space shall be closer
than 10 feet to any lot line except in the Downtown D District. Said
ten-foot strip shall contain decorative fencing or trees and shrubbery
adequate to visually screen parking from adjacent properties.
J.
Prior to the issuance of a certificate of occupancy and annually
thereafter evidence must be furnished to the Code Enforcement Officer
of:
(1)
Continuously maintained business owner's policy insurance;
(2)
Satisfactory documentation that all other authorizations needed to
operate the covered use have been obtained in conformance with applicable
federal, state and local requirements; and
(3)
Satisfactory evidence provided that all applicable sales and room
occupancy taxes related to any prior periods of operation have been
paid.
In addition to the above general provisions,
a multifamily dwelling shall comply with the following prescribed
standards:
A.
Landscaping. Lot area not required for buildings,
structures or parking shall be landscaped with grass, decorative trees
and shrubs. A plan showing the location and species of plant material
shall be provided.
B.
Driveway and curb cuts. No more than two driveways
or curb cuts from any multifamily dwelling development to a public
street shall be permitted. Driveways from parking lots shall have
a maximum grade of 8% and shall be graded so as to provide at least
40 feet of nearly level roadway at any intersection with a public
street.
C.
Access drives and parking space. Yards may be used
for access drives and parking space, except that no parking area shall
be located in a front yard or side yard abutting a street. No access
drive or parking space shall be closer than 10 feet to any lot line
except in the Downtown D District. Said ten-foot strip shall contain
decorative fencing or trees and shrubbery adequate to visually screen
parking from adjacent properties.
[Amended 3-22-1999 by L.L. No. 1-1999]
D.
Prohibitions. No living space below finished grade
shall be permitted. Each structure for multifamily dwelling use shall
contain no more than four dwelling units.
E.
Primary vehicle access. The primary access to a multifamily
dwelling shall not be a minor street designed to serve primarily as
access to single-family detached dwellings but shall be by means of
a collector street or other street on which in the opinion of the
Zoning Board of Appeals the traffic generated by such multifamily
dwelling will not adversely affect existing or potential development
in the district.
F.
Outdoor storage. Any outdoor storage of garbage and
rubbish shall be in containers which are enclosed in such a way as
to be concealed from public view and inaccessible to children, dogs,
vermin, etc.
G.
Open space for recreation. Open space developed for
active and passive recreation shall be provided for all multifamily
dwellings or developments containing more than six dwelling units.
H.
Design and layout generally. Imaginative design and
layout of buildings in a multifamily dwelling development is to be
encouraged. Both the Zoning Board of Appeals and the Planning Board
shall be provided with a sketch drawing showing proposed site layout,
landscaping treatment, facade design and building materials to be
used. In reviewing these drawings, these boards shall consider the
compatibility of the proposed development with the surrounding neighborhood
and such things as traffic congestion or hazard, suitable recreation
space, adequacy of proposed landscaping and preservation of views
and natural features.
[Added 3-22-1999 by L.L. No. 1-1999]
A.
Restaurant without vehicular-oriented or drive-through
service use. In addition to the above general provisions, a restaurant
without vehicular-oriented or drive-through service use shall comply
with the following prescribed standards:
(1)
Such use is a critical impact use and no such use or the extension or expansion of such an existing use shall be permitted unless and until a critical impact use permit is issued by the Planning Board pursuant to Article XI of this chapter.
[Amended 5-24-2018 by L.L. No. 4-2018]
(2)
No such use shall be located closer than 500 feet
to a sexually oriented business.
(3)
A sexually oriented business use is prohibited at
a restaurant without vehicular-oriented or drive-through service use.
[Added 3-22-1999 by L.L. No. 1-1999]
In addition to the above general provisions,
a sexually oriented business use shall comply with the following prescribed
standards:
[Added 9-22-1997 by L.L. No. 4-1997]
In addition to the above general provisions,
all telecommunications infrastructure shall comply with the following
prescribed standards:
A.
Purpose and goals.
(1)
The purpose of this section is to establish guidelines
for the siting of wireless communications towers, antennas and related
structures.
(2)
The goals of this section are to protect residential
areas and land uses from potential adverse impacts of towers and antennas;
require the location of towers on public lands which are exempt from
tax assessment; minimize the total number of towers throughout the
community; strongly encourage the joint use of new and existing tower
sites as a primary option rather than construction of additional single-use
towers; encourage users of towers and antennas to locate them, to
the extent possible, in areas where the adverse impact on the community
is minimal; encourage users of towers and antennas to configure them
in a way that minimizes the adverse visual impact of the towers and
antennas through careful design, siting, landscape screening, and
innovative camouflaging techniques; consider the public health and
safety of communication towers; and avoid potential damage to adjacent
properties from tower failure through engineering and careful siting
of tower structures.
(3)
In furtherance of these goals, the boards reviewing
and acting on such applications shall give due consideration to the
Village Comprehensive Plan, this chapter, the Zoning Map, existing
land uses, and environmentally sensitive areas in approving sites
for the location of towers and antennas.[1]
B.
Location. Installation of all telecommunications infrastructure
shall be prohibited in Village parks and the Residential A-1, Residential
A-2, Residential B and historic districts. Installation of all telecommunications
infrastructure shall be limited to those parcels of land identified
as public land and rights-of-way which are wholly exempt on the Village
assessment roll.
C.
Lot size. For purposes of determining whether the
installation of a tower, antenna and related equipment complies with
district development regulations, including but not limited to setback
requirements, the dimensions of the entire lot shall control, even
though the antennas or towers may be located on leased parcels within
such lot.
D.
Inventory of existing sites. Each applicant for an
antenna and/or tower and related equipment shall provide to the Code
Enforcement Officer an inventory of its existing towers, antennas,
or sites approved for towers or antennas that are either within the
jurisdiction of the Village or within one mile of the border thereof,
including specific information about the location, height, and design
of each tower. The Code Enforcement Officer may share such information
with other applicants applying for approval under this section or
other organizations seeking to locate antennas within the jurisdiction
of the Village; provided, however, that the Code Enforcement Officer
is not, by sharing such information, in any way representing or warranting
that such sites are available or suitable.
E.
Tower and antenna height limitations. Maximum height
of a tower and any antenna installed on such tower is limited to 100
feet above the ground or the maximum height of existing antennas installed
on the Village of Skaneateles water tower, whichever is less.
F.
Tower building requirements. The use of guyed towers
is prohibited. Towers must be self-supporting without the use of wires,
cables, beams or other means. The design should use an open framework
or monopole configuration. Permanent platforms or structures exclusive
of antennas that serve to increase off-site visibility are prohibited.
The base of the tower shall occupy no more than 500 square feet. Minimum
spacing between tower locations is 1/4 mile.
G.
Collocation requirements. All towers erected, constructed,
or located within the Village shall comply with the following requirements:
(1)
A proposal for a tower shall not be approved unless the Zoning Board of Appeals finds that the antenna planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one-mile search radius (one-half-mile search radius for towers under 120 feet in height; one-fourth-mile search radius for towers under 80 feet in height) of the proposed tower due to one or more of the factors stated under Subsection P of this section.
(2)
Any proposed tower shall be designed, structurally,
electrically, and in all other ways, to accommodate both the applicant's
antennas and comparable antennas for at least two additional users.
Towers must be designed to allow for future rearrangement of antennas
upon the tower and to accept antennas mounted at varying height.
(3)
The applicant shall submit to the Board a letter of
intent committing the applicant, and its or their successors in interest,
to negotiate in good faith for shared use of the proposed tower by
other providers in the future. The issuance of a permit (assuming
the tower is approved according to this section) shall commit the
new tower owner and its or their successors in interest to:
(a)
Respond in a timely comprehensive manner to
a request for information from a potential shared use applicant.
(b)
Negotiate in good faith concerning future requests
for shared use of the new tower by other providers.
(c)
Allow shared use of the new tower if another
provider agrees to pay all charges incurred.
(d)
Make no more than a reasonable charge for shared
use, based on generally accepted accounting principles. The charge
may include but is not limited to a pro rata share of the cost of
site selection, planning, project administration, land costs, site
design, construction and maintenance financing, return on equity,
depreciation, and all of the costs of adapting the tower or equipment
to accommodate a shared user without causing electromagnetic interference.
(4)
In order to keep neighboring municipalities informed,
and to facilitate the possibility of directing that an existing tall
structure or existing tower in a neighboring municipality be considered
for shared use, the Board shall require that an applicant who proposes
a new tower shall give notice to the legislative body of each municipality
that borders the Village and the County Planning Board. Such notice
shall include, but is not limited to, the location of the proposed
tower, a general description of the project, the height of the tower
and its capacity for future shared use. Proof of such notice shall
be submitted to the Zoning Board of Appeals with the application.
H.
Aesthetics. Towers and antennas shall meet the following
requirements:
(1)
Towers shall either maintain a galvanized steel finish
or, subject to any applicable standards of the FAA, be painted a neutral
color so as to reduce visual obtrusiveness.
(2)
At a tower site, the design of the buildings and related
structures shall, to the extent possible, use materials, colors, textures,
screening, and landscaping that will blend them into the natural setting
and surrounding buildings.
(3)
If an antenna is installed on a structure other than
a tower, the antenna and supporting electrical and mechanical equipment
must be of a neutral color that is identical to, or closely compatible
with, the color of the supporting structure so as to make the antenna
and related equipment as visually unobtrusive as possible.
I.
Lighting. Towers shall not be artificially lighted,
unless required by the FAA or other applicable authority. If lighting
is required, the lighting alternatives and design chosen must cause
the least disturbance to the surrounding views.
J.
State or federal requirements. All towers must meet
or exceed current standards and regulations of the FAA, the FCC, and
any other agency of New York State or the federal government with
the authority to regulate towers and antennas. If such standards and
regulations are changed, then the owners of the towers and antennas
governed by this section shall bring such towers and antennas into
compliance with such revised standards and regulations within six
months of the effective date of such standards and regulations, unless
a different compliance schedule is mandated by the controlling New
York State or federal agency. Failure to bring towers and antennas
into compliance with such revised standards and regulations shall
be grounds for the removal of the tower or antenna at the owner's
expense.
K.
Construction code and safety standards. To ensure
the structural integrity of towers, the owner of a tower shall ensure
that it is constructed and maintained in compliance with standards
contained in the National Electrical Code and the applicable standards
for towers published by the Electronic Industries Association, as
amended from time to time. If, upon inspection, the Village concludes
that a tower fails to comply with such codes and standards and constitutes
a danger to persons or property, then upon notice being provided to
the owner of the tower, the owner shall have 30 days to bring such
tower into compliance with such standards. Failure to bring such tower
into compliance within said 30 days shall constitute grounds for the
removal of the tower or antenna at the owner's expense.
L.
Franchises. Owners and/or operators of towers or antennas
shall certify that all franchises required by law for the construction
and/or operation of a wireless communication system in the Village
have been obtained and shall file a copy of all required franchises
with the Code Enforcement Officer.
M.
Signs. No signs shall be allowed on an antenna or
tower.
N.
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Subsection R of this section.
O.
Information to be provided and factors considered in granting special use permits for towers. In addition to all information required by § 225-72C and D of this chapter the Zoning Board of Appeals shall consider the following factors in determining whether to issue a special use permit:
(1)
Height of the proposed tower;
(2)
Proximity of the tower to residential structures and
residential district boundaries;
(3)
Nature of uses on adjacent and nearby properties;
(4)
Surrounding topography;
(5)
Surrounding tree coverage and foliage;
(6)
Design of the tower, with particular reference to
design characteristics that have the effect of reducing or eliminating
visual obtrusiveness;
(7)
Proposed ingress and egress; and
P.
Availability of suitable existing towers, other structures
or alternative technology. No new tower shall be permitted unless
the applicant demonstrates to the reasonable satisfaction of the Zoning
Board of Appeals that no existing tower, structure or alternative
technology that does not require the use of towers or structures can
accommodate the applicant's proposed antenna. An applicant shall submit
information requested by the Zoning Board of Appeals related to the
availability of suitable existing towers, other structures or alternative
technology. Evidence submitted to demonstrate that no existing tower,
structure or alternative technology can accommodate the applicant's
proposed antenna may consist of, but is not limited to, any of the
following:
(1)
No existing towers or structures are located within
the geographic area which meet the applicant's engineering requirements.
(2)
Existing towers or structures are not of sufficient
height to meet the applicant's engineering requirements.
(3)
Existing towers or structures do not have sufficient
structural strength to support the applicant's proposed antenna and
related equipment.
(4)
The applicant's proposed antenna would cause electromagnetic
interference with the antenna on the existing towers or structures,
or the antenna on the existing towers or structures would cause interference
with the applicant's proposed antenna.
(5)
The fees, costs, or contractual provisions required
by the owner in order to share an existing tower or structure or to
adapt an existing tower or structure for sharing are unreasonable.
(6)
The applicant demonstrates that there are other limiting
factors that render existing towers and structures unsuitable.
(7)
The applicant demonstrates that an alternative technology
that does not require the use of towers or structures, such as a cable
microcell network using multiple low-powered transmitters/receivers
attached to a wireline system, is unsuitable. Costs of alternative
technology that exceed new tower or antenna development shall not
be presumed to render the technology unsuitable.
Q.
Setbacks. The following setback requirements shall
apply to all towers for which a special use permit is required; provided,
however, that the Zoning Board of Appeals may reduce the standard
setback requirements if the goals of this chapter would be better
served thereby:
R.
Separation. The following separation requirements
shall apply to all towers and antennas for which a special use permit
is required:
(1)
Separation from off-site uses/zoning district.
(a)
Tower separation shall be measured from the
base of the tower to the lot line of the off-site uses and/or designated
areas as specified in Table 1.
(b)
Separation requirements for towers shall comply
with the minimum standards established in Table 1.
|
Table 1
| ||
|---|---|---|
|
Off-Site Use/Zoning District
|
Separation Distance
| |
|
Residential A-1 and A-2, Commercial Mixed-Use
C or Downtown D District
|
200 feet or 300% height of tower whichever is
greater
| |
(2)
Separation distance between towers. Separation distance
between towers shall be applicable for and measured between the proposed
tower and preexisting towers. The separation distance shall be measured
by drawing or following a straight line between the base of the existing
tower and the proposed base, pursuant to a site plan, of the proposed
tower. The separation distance shall be not less than 5,000 linear
feet.
S.
Security fencing. Towers shall be enclosed by security
fencing not less than six feet in height and shall also be equipped
with an appropriate anticlimbing device.
T.
Landscaping. The following requirement shall govern
the landscaping surrounding towers for which a special use permit
is required:
(1)
Tower facilities shall be landscaped with a buffer
of plant materials that effectively screens the view of the tower
compound from property used for residences. The standard buffer shall
consist of a landscaped strip at least four feet wide outside the
perimeter of the compound.
(2)
Existing mature tree growth and natural land forms
on the site shall be preserved to the maximum extent possible.
U.
Buildings or other equipment storage.
(1)
Antennas mounted on structures or rooftops. The equipment
cabinet or structure used in association with antennas shall comply
with the following:
(a)
The equipment cabinet or structure shall not
contain more than 120 square feet of gross floor area or be more than
eight feet in height. In addition, for buildings and structures which
are less than 35 feet in height, the related unmanned equipment structure
shall be located on the ground and shall not be located on the roof
of the structure.
(b)
If the equipment cabinet or structure is located
on the roof of a building, the area of the equipment structure and
other equipment and structures shall not occupy more than 10% of the
roof area.
(c)
Equipment storage buildings or cabinets shall
comply with the Density Control Schedule of this chapter.[2]
[2]
Editor's Note: The Density Control Schedule is included at the end of this chapter.
(2)
Antennas mounted on utility poles or light poles.
The equipment cabinet or structure used with antennas shall be located
in all permitted districts in a rear or side yard, provided that the
cabinet or structure is not greater than eight feet in height or 120
square feet of gross floor area and the cabinet or structure is located
a minimum of 15 feet from all lot lines. The cabinet or structure
shall be screened by an evergreen hedge with an ultimate height of
at least eight feet and a planted height of at least four feet.
(3)
Antennas located on towers. The related unmanned equipment
structure shall not contain more than 120 square feet of gross floor
area or be more than eight feet in height and shall be located in
on the ground in accord with the requirements of the Density Control
Schedule of this chapter for the zoning district in which located.
(4)
Modification of building size requirements. The requirements
for the related unmanned equipment structure may be modified by the
Zoning Board of Appeals to encourage collocation.
V.
Removal of abandoned antennas and towers. Any antenna
or tower that is not operated for a continuous period of 12 months
shall be considered abandoned, and the owner of such antenna or tower
shall remove the same within 90 days of receipt of notice from the
Village notifying the owner of such abandonment. Failure to remove
an abandoned antenna or tower within said 90 days shall be grounds
to remove the tower or antenna at the owner's expense. If there are
two or more users of a single tower, then this provision shall not
become effective until all users cease using the tower.
W.
Effect of law on existing towers and antennas. Antennas
and towers in existence which do not conform to or comply with this
section are subject to the following provisions:
(1)
Antennas and towers may continue in use for the purpose
now used and as now existing but may not be replaced or structurally
altered without complying in all respects with this section.
(2)
If such antennas or towers are hereafter damaged or
destroyed due to any reason or cause whatsoever, the antenna or tower
may be repaired and restored to its former use, location, and physical
dimensions without complying with this section; provided, however,
that if the cost of repairing the tower to the former use, physical
dimensions, and location would be 10% or more of the cost of a new
tower of like kind and quality, then the tower may not be repaired
or restored except in full compliance with this section.
[1]
Editor's Note: Former § 225-47, Vehicular parking
leased to serve other uses, added 3-22-1999 by L.L. No. 1-1999, was
repealed 9-22-2011 by L.L. No. 1-2011.
In addition to the above general provisions,
a vehicular service facility shall comply with the following prescribed
standards:
A.
Lot size. A vehicular service facility shall be permitted
only on lots of 40,000 square feet or more, with not less than 200
feet of frontage on a single public street or highway.
B.
Encroachments prohibited. Neither the area for use
by motor vehicles, except access drives thereto, nor any structures
shall encroach on any required yard area.
C.
Fuel pumps. No fuel pump shall be located closer than
20 feet to any side lot line or closer than 35 feet to any street
line, measured from the outside edge of the fuel island.
D.
Access drives. No access drive shall be within 200
feet of and on the same side of the street as a school, public library,
theater, church or other public gathering area not required for buildings,
a park, playground or fire station unless a public street lies between
such service station and such building or use.
E.
Repair work. All major repair work and all storage
of equipment and parts shall be within a completely enclosed building
which has a maximum height of 25 feet. Such repair work shall not
include any body repair work or spray painting or car washing which
requires mechanical equipment, except by a special use permit of the
Zoning Board of Appeals as provided by this chapter.
F.
Buffers.
(1)
A ten-foot-wide landscaped area shall be provided
along all property lines, excluding points of ingress and egress and
property lines adjacent to existing commercial uses. The landscaped
area shall be densely planted with a mixture of shrubs, trees and
fence, not less than six feet high, which will create an opaque screen.
(2)
All landscaped areas along property lines which are
crossed by access drives may be planted with low shrubs no greater
than three feet high and trees with a branching habit not less than
eight feet high; furthermore, no planting shall cause a hazardous
condition by interfering with the normal line of sight 350 feet in
either direction needed for safe entering and exiting maneuvers by
motor vehicles.
(3)
Landscaped areas shall be designed to be easily maintained
and protected by at least a six-inch nonmountable concrete or granite
curbing.
(4)
Landscaping plans shall be prepared by a registered
New York State landscape architect except as otherwise authorized
by the Zoning Board of Appeals. All landscape plans shall be subject
to the review of the Zoning Board of Appeals.
The Zoning Board of Appeals shall have the authority
to impose such reasonable conditions and restrictions as are directly
related to and incidental to the proposed special use permit. After
granting a special use permit, any such conditions or restrictions
must be met in connection with the issuance of building permits, certificates
of occupancy and certificates of completion by the Code Enforcement
Officer.[1]
[1]
Editor's Note: Original § 15-91(l),
Waiver of conditions, which immediately followed this section, was
repealed 6-24-2002 by L.L. No. 4-2002.
Land use activities existing at the time of
adoption of this chapter and permitted by this chapter in the district
where located only upon the issuance of a special use permit as provided
herein may be continued indefinitely but shall not be extended or
enlarged in area or intensity or expanded to other buildings, structures
or land not already devoted to such use until a special use permit
shall have been issued therefore as provided herein.
