[Amended 9-21-1992 by L.L. No. 8-1992; 4-20-1995 by L.L. No.
5-1995; 9-21-1998 by L.L. No. 7-1998]
A.
Purpose. It is the objective of this section to set
forth the procedure and guidelines for consideration of those uses
provided for as special uses within the respective zoning districts.
B.
Procedure. The Planning Board, on application, may
approve the issuance of a permit for a special use authorized in the
text of these regulations according to the following procedures:
(1)
The Code Enforcement Official shall determine the
completeness of any application made under this article and shall
notify the applicant within seven days of the date of submission if
such application is incomplete or deficient in any way, and shall
further specify any deficiencies.
(2)
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 the zoning regulations, may be made to the Zoning Board of Appeals for an area variance pursuant to § 180-33C of this article.
(3)
Upon determination that the application is complete,
the Code Enforcement Official shall transmit copies of the application
to the Planning Board.
(4)
The Planning Board shall review site plans according to the procedure established in § 180-32 of these regulations. No special use permit shall be issued unless and until the application has received final site plan approval by the Planning Board.
(5)
Public hearing and decision on Special Use Permits.
The Planning Board shall conduct a public hearing within 62 days from
the day an application is received on any matter referred to it under
this section. Public notice of said hearing shall be printed in a
newspaper of general circulation in the Village at least five days
prior to the date thereof. The authorized Board shall decide upon
the application within 62 days after the hearing. The time within
which the authorized Board must render its decision may be extended
by mutual consent of the applicant and the Board. The decision of
the authorized Board on the application after the holding of the public
hearing shall be filed in the office of the Village Clerk within five
business days after such decision is rendered, and a copy thereof
mailed to the applicant.
(6)
Notice to applicant and county planning agency. At
least 10 days before such hearing, the authorized Board 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, as defined in subdivision one of § 239-m
of the General Municipal Law.
(7)
Compliance with State Environmental Quality Review
Act. The authorized Board shall comply with the provisions of the
State Environmental Quality Review Act under Article 8 of the Environmental
Conservation Law and its implementing regulations.
(8)
Court review. Any person aggrieved by a decision of
the Planning Board of the Village may apply to the Supreme Court for
review by a proceeding under Article 78 of the Civil Practice Law
and Rules. Such proceedings shall be instituted within 30 days after
the filing of a decision by such board in the office of the Village
Clerk. The Court may take evidence or appoint a referee to take such
evidence as it may direct, and report the same, with findings of fact
and conclusions of law, if it shall appear that testimony is necessary
for the proper disposition of the matter. The court shall itself dispose
of the matter on the merits, determining all questions which may be
presented for determination.
(9)
Costs. Costs shall not be allowed against the Planning
Board or other administrative body designated by the Village Board
of Trustees unless it shall appear to the court that it acted with
gross negligence, in bad faith or with malice in making the decision
appealed from.
(10)
Preference. All issues addressed by the court
in any proceeding under this section shall have preference over all
civil actions and proceedings.
(11)
Conditions attached to the issuance of a special
use permit. The Planning Board shall have authority to impose such
reasonable conditions and restrictions as are directly related to
and incidental to the proposed special use permit. Upon its granting
of said special use permit, any such conditions must be met in connection
with the issuance of permits by the Village Code Enforcement Officer.
[Added 5-3-2004 by L.L. No. 4-2004]
C.
Determination of necessity.
(1)
Special permits run with the land and are not issued
to individuals. Where a proposed use of a premises would be consistent
with existing special permit conditions there is no need for a new
special permit even though the specially permitted use may have been
discontinued for any period of time or the previous special permit
may have been conditioned to expire under certain circumstances. The
Village Planning Board hereby is authorized to make a discretionary
determination of consistency. In determining whether a new special
permit is necessary, the Planning Board shall review whatever valid
special permit(s) may exist for the premises and consider:
(2)
In order for the Planning Board to determine that
no new special permit is required, it must make a written finding
that all existing conditions would be met by the proposed use.
D.
Required submissions. The nature and content of an
application for a special use shall be as follows:
(1)
Where the introduction or creation of the proposed
special use involves only the interior conversion or renovation of
an existing structure or the addition or alteration of an accessory
building, the Planning Board shall require, as a minimum, the following
items of information:
(a)
Application with the name and address of the
property owner and applicant, the existing zoning district and description
of the type and extent of proposed use, including total number of
occupants or clientele at any one time.
(b)
Site map, drawn to scale in ink on minimum sheet
size of 8 1/2 inches by 11 inches and at a minimum scale of one
inch = 20 feet showing lot size, placement of principal and accessory
buildings and relationship to adjoining parcels and buildings thereon,
location of required parking and any alterations to the site.
(2)
Where the introduction or creation of the proposed special use involves a new, additional or expanded principal structure or exterior structural renovation of such principal building or any significant change in the use or configuration of the site, the Code Enforcement Official may require, as a minimum, those pertinent items of information, and in the form set forth under § 180-20D(1), Required submissions for a preliminary plan.
(3)
In any instance where the size, location, nature or complexity of the proposed use is such that more detailed plans or specifications are necessary for a complete understanding of the application, the applicant shall be notified within seven days of the date of submission that all or portions of the information set forth under § 180-20D(2), required submissions for a final plan, will be required as well as any further information that the Code Enforcement Official may specify.
E.
Applicable considerations. In its consideration of
an application for a special use, the Planning Board shall determine
that:
(1)
The use shall be of such location, size and character
that it will be in harmony with the appropriate and orderly development
of the district in which it is situated and will not be detrimental
to the orderly development of adjacent districts and uses.
(2)
The location and size of the use, the nature and intensity
of the operations involved in or conducted in connection therewith,
its site layout and its relation to streets giving access to it shall
be such that traffic to and from the use and the assembly of persons
in connection with it will not be hazardous or inconvenient to the
neighborhood or conflict with the normal traffic of the neighborhood.
In applying this standard, the Board shall consider, among other things,
convenient routes of pedestrian traffic, particularly of college students
and children, relation to main traffic thoroughfares and to street
and road intersections and the general character and intensity of
development of the neighborhood.
(3)
The location and height of buildings, the location,
nature and height of walls and fences and the nature and extent of
landscaping on the site shall be such that the use will not hinder
or discourage the proper development and use of adjacent land and
buildings or impair the value thereof.
F.
Individual types of special uses. Standards appropriate
to individual special uses to be considered under the provisions of
these regulations include, but are not limited to, the following:
(1)
Accessory dwelling units. One accessory dwelling unit
shall be permitted in each one-family dwelling in the R-1 Residence
District, provided that the following conditions are met:
(a)
The owner of the property shall occupy the remainder
of the one-family dwelling as his or her primary residence.
(b)
Off-street parking shall be provided as required in § 180-22 of these regulations (i.e., two parking spaces for each dwelling unit).
(c)
The maximum lot coverage shall not exceed 30%.
(d)
The floor area of the accessory dwelling unit
shall not exceed 30% of the total floor area of the one-family structure.
(e)
The creation or maintenance of the accessory
dwelling unit shall not cause any changes in the exterior appearance
of the building. In particular, there shall be only one front entrance;
all other entrances shall be at the side or rear of the building.
In addition, no accessory buildings shall be created for the accessory
unit.
(f)
The special permit for the accessory dwelling
unit shall terminate upon transfer of title to the premises or if
the owner no longer occupies the dwelling as his or her principal
residence.
(2)
Home occupations and professional residence-offices
shall comply with the following:
(a)
No structure shall display or create outside
the building any evidence of the home occupation or profession, except
such sign as may be permitted under the sign requirements of these
regulations.
(b)
No more than one full-time nonresident employee
(or the equivalent) shall be engaged in a home occupation nor more
than two full-time nonresident employees (or the equivalent) engaged
in a professional residence-office at any one time.
(c)
Such use is dearly incidental and secondary
to the use of the dwelling unit for residential purposes and does
not utilize more than 50% of the gross floor area of the dwelling
unit.
(d)
Off-street parking shall be provided for, as required in § 180-22, in the side or rear yard. Such off-street parking shall be located at least 10 feet from any side or rear property line, shall be paved, screened or fenced as directed by the Board and shall be so lighted that there will be no direct light into adjacent properties or streets.
(e)
No dwelling shall include more than one home
occupation.
(f)
No offensive noise, vibration, glare, fumes,
odors or electrical interference shall be produced.
(3)
Rooming houses, tourist homes, dormitories, multifamily
dwellings or group dwellings. Such uses shall be in accord with the
following:
(a)
Floor space and health, safety and sanitary
conditions shall be adequate to ensure livability and, at a minimum,
shall be in accord with the requirements of the New York State Uniform
Fire Prevention and Building Code.
(b)
The maximum lot coverage (i.e., that percentage
of the lot area covered by buildings, driveways, parking areas and
other impervious surfaces) shall not exceed 40% in the R-2 District,
45% in the R-3 District, 40% in the R-4 District or 50% in the B-1
District.
(c)
Adequate off-street parking shall be provided in accord with the previously established requirements of § 180-22.
(d)
Any sign erected in conjunction with such use shall be in accord with the sign requirements of § 180-23.
(e)
Interference with neighboring residences; density.
[1]
The use shall not interfere or conflict with
the peaceful enjoyment of neighboring residential uses and shall be
in accord with the density guideline for the area as established in
the Village General Development Plan as follows:
[2]
In evaluating the density question, the Planning
Board shall consider such factors as surrounding lot sizes, the number
of existing dwelling units and overall intensity of development in
the neighborhood.
(4)
Mobile home park. The Board shall review such proposed
use according to the following:
(a)
Mobile home parks shall be at least four acres
in area and shall provide for individual mobile home lots, access
driveways and parking.
(b)
Each mobile home lot shall be at least 6,000
square feet in area and shall front onto an access driveway or street.
(c)
For each mobile home lot, an additional 2,000
square feet of land shall be provided as permanent recreation open
space. Such open space may be either attached to the mobile home lot
or provided as a separate recreation area, to be developed and maintained
by the mobile home park operator.
(d)
All access driveways within a mobile home park
must be at least 30 feet in width and have a gravel surface at least
20 feet in width and 12 inches in depth of compacted gravel.
(e)
Each mobile home lot shall have an attachment
for adequate water supply and shall connect to the village water supply
system in an approved manner.
(f)
Each mobile home lot shall have an attachment
for satisfactory sewage disposal and shall connect to the village
sanitary sewage system in an approved manner.
(g)
No mobile home lot or service building shall
be closer to a public street right-of-way line than 50 feet nor closer
to a property line than 30 feet.
(h)
A strip of land at least 30 feet in width shall
be maintained as a landscaped area abutting all mobile home park property
lines.
(5)
Institutional, school, religious institution, long-term
care facility, funeral home, community center, membership club and
open space recreation uses shall be considered by the Board according
to the following:
[Amended 7-7-2009 by L.L. No. 4-2009]
(a)
The proposed use will not interfere with the
established character of the neighborhood nor the peaceful enjoyment
of adjoining residential uses. In particular, this shall mean that
the traffic, light and noise likely to be generated by such facility
will not unduly interfere with adjoining uses and the neighborhood.
(b)
The location and arrangement for ingress and
egress shall be so designed as to minimize traffic congestion and
hazard.
(c)
Adequate and suitably located off-street parking shall be provided in accord with the needs of the particular use under consideration and the requirements of § 180-22.
(d)
Such site amenities and landscaping as are needed
to maintain or improve the visual character of the area and to provide
a buffer between any adjoining use requiring such consideration shall
be provided as required by the Board.
(6)
Restaurants and bars. Such businesses shall be subject
to the following requirements:
(b)
Such use shall be adequately fenced and screened
from any adjacent residential property, and lighting shall be directed
away from adjacent property and the highway.
(c)
The location and situation of all structures
shall be satisfactory to the Board relative to the visual character
and travel safety along the roadway on which such facility fronts.
(e)
Ingress and egress shall be so designed as to
minimize traffic congestion, and for this purpose, the number and
location of driveways shall be subject to the explicit approval of
the Board.
(f)
Sufficient and suitably located and arranged off-street parking shall be provided in accord with § 180-22 and the need of the instant situation as determined by the Board.
(g)
Trash shall be stored in areas which are designed
and constructed so as to allow no view of the trash storage from the
street and shall be placed in covered containers to prevent wastepaper
from blowing around the site or adjacent properties and to permit
safe, easy removal by track or hand.
(7)
Gasoline stations, motor vehicle sales and convenience
stores where gasoline is sold shall comply with the following:
(a)
(Reserved)[2]
[2]
Editor's Note: Former Subsection F(7)(a), which stated: "Such
use shall not be located within 300 feet of any lot occupied by a
school, hospital, library, religious institution or residence. Measurement
shall be made between the nearest respective lot lines," was repealed 3-21-2022 by L.L. No. 1-2022.
(b)
Lot size shall be at least 20,000 square feet.
(c)
Lot frontage on any street shall be at least
150 feet.
(d)
Lot depth shall be at least 125 feet.
(e)
Pumps and lubricating and other service devices
shall be located at least 25 feet from the front, side and rear lot
lines.
(f)
All bulk fuel containers shall be in compliance
with National Fire Protection Association Chapter 58, Standard for
the Storage and Handling of Liquefied Petroleum Gases.
(g)
All automobile parts and dismantled vehicles
are to be stored within a building, and no repair work is to be performed
outside a building.
(h)
There shall be no more than two access driveways
from a street. The maximum width of each access driveway shall be
30 feet.
(i)
A suitably curbed and landscaped area shall
be maintained at least 10 feet in depth along all street frontage
not used as driveway.
(k)
If such use ceases operation, all fuel storage
tanks shall be drained within 30 days and removed within one year
of cessation.
(8)
Public or private utilities shall comply with the
following:
(a)
The facility shall be surrounded by a fence
set back from the property lines in conformance with district regulations
for front, side and rear yards.
(b)
A suitably landscaped area at least 15 feet
wide shall be maintained in front, rear and side yards, including
screening sufficient to obscure any objectionable or unattractive
view.
(9)
Other residential, commercial or industrial uses of
a similar nature as those otherwise provided for. Uses not otherwise
specifically provided for in their respective districts may be permitted
upon authorization of the Board of Appeals when it determines that:
(a)
The proposed use will not detract from or interfere
with adjoining uses or vacant land.
(b)
The proposed use is inconsistent with the Village
General Development Plan (1984-1985), and as such plan may be subsequently
amended, for the area in question and is otherwise consistent with
the objectives and standards of the particular district.
(c)
The individual parking, loading, storage, signing,
landscaping and other needs of the proposed use are provided for in
a manner consistent with these regulations and satisfactory to the
Board.
(10)
Ground floor apartments in the Central Area
Overlay. Such uses, in areas of the Central Area Overlay where ground
floor residential use is allowed with a special use permit, shall
be subject to the following standards and requirements by review of
the Planning Board:
[Added 8-21-2000 by L.L. No. 9-2000]
(a)
Floor space and health, safety and sanitary
conditions shall be adequate to ensure livability and, at a minimum,
shall be in accord with the requirements of the New York State Uniform
Fire Prevention and Building Code and other relevant state and local
codes governing health and safety issues related to apartments.
(b)
The creation or maintenance of the ground floor
apartment(s) shall not result in substantial changes in the exterior
appearance of the building, including changes in the fenestration,
facades, porches or other elements of the structure.
(c)
The use shall not interfere with or substantially
change the established character of the neighborhood or the Central
Area Overlay District.
(d)
In buildings listed or eligible to be listed
on the National Register of Historic Places, or which are located
within a National Register District, any change in the exterior appearance
of the building must be consistent with the Secretary of the Interior's
Standards and Guidelines for Historic Preservation, as determined
by the Planning Board.
(11)
Telecommunications towers and antennas.
[Added 2-19-2001 by L.L. No. 3-2001;
amended 11-19-2001 by L.L. No. 11-2001]
(a)
The purpose of these regulations is to promote
the health, safety and general welfare of the residents of the Village,
to provide standards for the safe provision of telecommunications
consistent with applicable federal and state regulations, and to protect
the natural features and aesthetic qualities of the Village with special
attention to the B-1 Overlay District.
(b)
These regulations are not intended to prohibit
or have the effect of prohibiting the provision of personal wireless
services nor shall they be used to unreasonably discriminate among
providers of functionally equivalent services consistent with current
federal regulations.
(c)
No telecommunications tower and/or antenna shall
hereinafter be used, erected, moved, reconstructed, changed or altered
except after approval of a special use permit by the Planning Board
and in conformity with these regulations. No existing structure shall
be modified to serve as a telecommunications tower unless in conformity
with these regulations.
(d)
Exceptions to these regulations shall be limited
to:
[1]
New satellite dish antenna(s) which are accessory to residential uses and comply with § 180-21B(8) of this Code; and
[2]
Lawful or approved uses existing prior to the
effective date of these regulations.
(e)
Where these regulations conflict with other
laws and regulations of the Village, the more restrictive shall apply,
except for tower height standards which are governed by these special
use standards.
(f)
An applicant shall be required to submit a site plan as described in Article VI of this chapter. The site plan shall show all existing and proposed structures and improvements, including roads, buildings, towers, guy wires and anchors, parking and landscaping, and shall include grading plans for new facilities and roads and/or driveways. The site plan shall also include documentation on the proposed intent and capacity of use as well as a justification for the height of any tower or antennas and justification for any land or vegetation clearing required.
(g)
Applicant shall provide a copy of the certificate
of need or appropriate FCC license issued by the Federal Communications
Commission in applicant's name to provide the telecommunications services
that the proposed tower is designed to support. If the appropriate
applicant FCC license has not been issued, applicant must show proof
that the application has been filed and accepted by the Federal Communications
Commission and is under review for the granting of applicant's license.
"Speculative" applications of any type shall not be considered or
acted upon by the Village Planning Board.
(h)
Location preferences. The locations for siting
the equipment involved in receiving or transmitting electromagnetic
waves associated with wireless telecommunications services are listed
in Subsections [1] through [4] below, in order of preference:
(i)
At all times, shared use of existing structures shall be preferred to the construction of new towers, in accordance with Subsection F(11)(h) above. An applicant shall be required to present an adequate report inventorying existing towers in accordance with location preferences F(11)(h)[1] and (h)[2] above, or that fall within reasonable distance of the proposed site and outlining opportunities for the shared use of existing facilities and use of other preexisting structures as an alternative to a new construction. An applicant intending to share use of an existing tower shall be required to document intent from an existing tower owner to share use, or present in writing a rejection letter from a potential existing tower or structure owner where they may have been able to locate their equipment in accordance with location preferences F(11)(h) above.
(j)
Where shared usage of an existing tower or locating antenna(s) on an existing structure is found by the Planning Board to be impractical, the applicant shall investigate shared usage of an existing tower site for its ability to accommodate a new tower and accessory uses. Documentation and conditions shall be in accordance with Subsection F(11)(h) and (i).
(k)
The Planning Board shall consider a new telecommunications
tower on a site not previously developed with an existing tower. The
applicant shall adequately demonstrate in writing that shared usage
of an existing tower or tower site is impractical and shall submit
a report demonstrating good faith efforts to secure shared use from
existing towers or tower site, as well as documentation of the physical
and/or financial reasons why shared usage is not practical. Where
collocation on an existing structure is available to applicant but
is physically impractical for the applicant's needs, applicant must
provide an engineering contour study showing that the projected coverage
it is seeking cannot be obtained from the available site, as well
as an engineering contour study showing the coverage it requires for
its operations. In addition, written requests and responses for shared
use inquiries shall be provided. Information regarding the required
need for the new telecommunications tower shall be required in the
form of empirical data illustrating said need. This data must include
an engineering contour radio study.
(l)
Applicants must examine the feasibility of including
a telecommunications tower in a proposal that will accommodate future
demand for reception and transmitting facilities. A condition of any
permit to construct may include the right of other future wireless
communications providers to locate on their tower(s), provided they
(future wireless communications providers) meet the standards necessary
to comply with applicant's engineering practices, and meet the financial
obligations (rents) that are considered reasonable and customary for
the area in which they are proposing to locate. The final scope of
this analysis shall be determined by the Board. This requirement may
be waived, provided that the applicant demonstrates that provision
of future shared usage of the facility is not feasible and an unnecessary
burden based upon:
[1]
A design drawing, including cross section and
elevation of the proposed tower.
[2]
A description of the tower's intended capacity,
including the number and type of antennas it can accommodate as well
as the proposed location of all mounting positions for future collocation
antennas and the minimum separation between antennas.
[3]
The number of Federal Communications Commission
(FCC) licenses foreseeably available for the area.
[4]
The kind of tower site and structure proposed.
Where a monopole is proposed, the design shall illustrate how the
tower will collapse upon itself without encroaching upon any adjoining
property line.
[5]
The number of existing and potential licenses
without tower spaces.
[6]
Available spaces on existing and approved towers.
[7]
Potentially adverse visual impact by tower designed
for shared usage.
(m)
Setbacks. All propose antenna, telecommunications
towers and accessory structures shall be located on a single parcel
and set back from abutting parcels or streets a distance sufficient
to contain on site substantially all ice-fall or debris from tower
failure and preserve the privacy of adjoining properties.
[1]
Towers and/or antenna shall not be erected in
any front yard and shall conform to the minimum side and rear yard
setback requirements for the district in which they are located.
[2]
Lot size of parcels containing a tower shall
be determined by the amount of land required to meet the setback requirements.
[3]
All tower bases shall be located at a minimum
setback from any property line at a minimum distance equal to 1 1/2
times the height of the tower.
[4]
Accessory structures shall comply with the minimum
setback requirements in the underlying zoning district.
(n)
Visual impact assessment. The Board shall require
the applicant to undertake a visual impact assessment of any proposed
antenna (e), new towers or any proposed modification of an existing
tower. The visual impact assessment shall include:
[1]
A zone of visibility map, provided in order
to determine locations where the antenna(s) and/or tower may be seen.
[2]
Pictorial representations of before and after
views from key viewpoints both inside and outside of the village,
including but not limited to state highways and other major roads,
local parks and areas of aesthetic interest.
[3]
Alternative antenna(s) and/or tower designs
and color schemes.
[4]
Description of visual impact of the tower base,
accessory buildings and overhead utility lines from abutting properties
and streets.
[5]
Aesthetic impact of proposed antenna(s) to be
located on existing buildings of unique and/or historic character.
(o)
New tower and accessory building design. Alternative
designs shall be considered for new towers, including lattice and
single-pole structures. The design of a proposed new tower shall comply
with the following:
[1]
Towers and antenna shall be designed to withstand
the effects of the wind according to the standards designated by the
American National Standards Institute as prepared by the Engineering
Departments of the Electronics Industry Association and Telecommunications
Industry Association.
[2]
Unless specifically required by other regulations,
all towers shall have a finish compatible with the surrounding area
that shall minimize the degree of visual impact.
[3]
The maximum height of any new tower, or any
tower in existence intended to be used as a telecommunications tower,
shall not exceed that which shall permit operation without artificial
lighting of any kind or nature in accordance with local, state, and/or
federal laws or regulations.
[4]
The Planning Board may request a review of the
application by a qualified engineer for evaluation of the need for
and design of any new tower.
[5]
Accessory facilities shall maximize the use
of building materials, colors and textures designed to blend with
the ambient surroundings.
[6]
No portion of any tower or related structure
shall be used for a sign or other advertising purpose, including but
not limited to company name, phone numbers, banners, streamers, etc.
Required FCC licensing tower signs are exempt from this requirement.
(p)
Screening. Deciduous or evergreen tree plantings may be required to screen portions of the tower from nearby property as well as from public sites known to include important views or vistas. Where the site abuts residential or public property, including streets, screening shall be required as per § 180-24 of this Code.
(q)
Fencing. Sites of proposed new towers and sites
where modification to towers is proposed shall be adequately secured.
A fence approved by the Planning Board shall enclose the site unless
the applicant demonstrates to the Board that such measures are unnecessary
to ensure the security of the facility.
(r)
Abandonment and removal. A wireless telecommunications
site not in use for 12 consecutive months shall be removed by the
service facility owner. This removal shall occur within 90 days of
the end of such twelve-month period. Upon removal, the site shall
be restored to its previous appearance and where appropriate, landscaped
to blend with the surrounding area. Failure to comply shall result
in forfeiture of any performance bond and removal of the tower by
the Village of Potsdam.
(s)
Reimbursable costs. Costs incurred by the Planning
Board for consultation fees or other extraordinary costs associated
with the review of a site plan under this section shall be charged
to the applicant, not to exceed $500, without prior notification of
the applicant.
(t)
Maintenance and performance bond. The Planning
Board, at its sole discretion, may require the applicant and/or the
owner to establish, prior to approval of any application, a maintenance
and/or performance bond in an amount sufficient to cover the installation,
maintenance and/or demolition of said tower during its lifetime. The
bonding amount required shall be determined at the sole discretion
of the Board. The applicant and/or owner shall cooperate with the
Board in supplying all necessary construction and maintenance data
to the Board prior to approval of any application. The Village consulting
engineer shall review cost estimates.
(u)
Authority to impose conditions. The Planning
Board shall have the authority to impose such reasonable conditions
and restrictions as are directly related to and incidental to the
proposed telecommunications tower special use or site plan. Such conditions
may include provisions to dismantling and removal of towers and accessory
facilities upon abandonment of use. The Planning Board may, as a condition
of approval of a special permit, establish a time period such special
permit shall remain in effect.
(v)
Expiration of permit. The Village Planning Board
may grant up to two six-month extensions of the period to start construction
upon written request by the applicant. The Village Planning Board
shall not approve an extension unless the development plan is brought
into conformance with any relevant zoning regulations that have been
amended subsequent to the original approval and unless the applicant
provides adequate evidence that construction is able to begin within
the extended time period sought. This evidence shall include, but
not be limited to, the acquisition of any or all required government
approvals and project financing.
(w)
Penalty for noncompliance. The burden will be placed upon the applicant to prove the facility clearly meets all the requirements of this Subsection F(11). Monetary penalties for noncompliance will be imposed of up to $100 per day. In addition, the facility could be subject to closure after due process. Any modifications to the use or configuration of a tower (including increases in tower height or installation of bulky antenna or work platforms on a tower) shall constitute the need to obtain a new permit. The company must provide evidence of general liability and property damage insurance.
(12)
Personal service uses. Personal service uses
shall be permitted in the R-2 District provided that the following
conditions are met:
[Added 2-17-2004 by L.L. No. 2-2004]
(a)
The use does not have more than three employees
working on-site at any one time, including the owner(s).
(b)
The use will be open for business only during
regular business hours, defined as 8:00 a.m. to 6:00 p.m.
(c)
Off-street parking shall be provided as required per § 180-22C(4). Such off-street parking shall be located at least 10 feet from any side or rear property line, shall be paved, screened, or fenced as directed by the Board and shall be lighted so that there will not be direct light onto adjacent properties or street.
(d)
No offensive noise, vibration, glare, fumes,
odors or electrical interference shall be produced.
(e)
No property shall display or create outside-the-building
evidence of the personal service use, except such signs as may be
permitted under the sign requirements of these regulations.
(13)
Hospital uses (including parking facilities). Upon final site
plan approval by the Village Planning Board and issuance of a special
use permit, the following uses are permitted:
[Added 7-7-2009 by L.L. No. 4-2009]
(a)
In addition to the general and specific considerations listed in Article VI, § 180-31D and E, the following shall be considered by the Village Planning Board:
[1]
All uses. Questions shall include but not be limited to the
following:
[a]
Would the proposed use maintain the aesthetic character
of adjacent neighborhoods?
[b]
Would the intensity of use be appropriate to the
neighborhood?
[c]
Would the amount of traffic generated by the use
have a minimal impact on thoroughfares and side streets and traffic
movement thereon?
[d]
Would parking requirements of the use and ingress/egress
have minimal impact on traffic circulation and the existing character
of adjacent neighborhoods?
[e]
Would the hours of operation be in keeping with
the residential character of adjacent neighborhoods?
[f]
Would the use generate noise, odor, litter, or
other nuisances incompatible with a residential neighborhood?
[g]
Would the use require an intensity or degree of
lighting incompatible with a residential neighborhood?
[h]
Would the use require the demolition of housing
units or other structures that are listed or eligible for listing
on the New York State or the National Register of Historic Places?
[Amended 9-21-1998 by L.L. No. 7-1998]
A.
Purpose. It is the objective of this section to provide
a process of detailed examination of the particular features of a
specific site and its proposed use in order that the overall purpose
of these regulations may be achieved in the most equitable and exacting
manner possible.
B.
Uses requiring site plan review. The Planning Board is hereby empowered to review and approve the issuance of any building/use permit or certificate of registration for those uses required to have such site plan approved under Articles IV and V of these regulations (see Zoning Schedule).[1]
[1]
Editor's Note: The Zoning Schedule, Attachment
III, appears at the end of this chapter.
C.
Procedure. Site plan reviews shall be conducted according
to the following:
(1)
The Code Enforcement Official shall determine the
completeness of any application made for a use requiring site plan
approval and shall notify the applicant within seven days of the date
of application submission if such application is incomplete or deficient
in any way and shall further specify the deficiencies.
(2)
The Planning Board may hold a preapplication conference
with the applicant to review the basic site design concept and to
determine the information to be required on the final site plan.
(3)
Within 62 days of the date of application submission,
the Planning Board shall approve, approve with conditions or disapprove
the application. An extension of the sixty-two-day period may be granted
upon mutual consent of both the Planning Board and the applicant.
If the Planning Board fails to act within said sixty-two-day period
or extension which has been granted, the site plan shall be considered
approved.
(4)
Notice of the Planning Board's decision shall be given
to the Code Enforcement Official who shall issue or deny the permit
in accord with the direction of the Board.
(5)
A copy of the Planning Board's determination shall
be attached to the final site plan and filed with the Village Clerk.
A copy of such determination and site plan shall be provided to the
applicant upon request.
(6)
Whenever the circumstances of a proposed development
require referral to the County Planning Board under § 239-m
of the General Municipal Law, the Planning Board shall coordinate
the review procedures in order to provide timely and efficient processing
of the application.
D.
Identification of existing parking provisions, signs and mobile home parks. The Planning Board will consider any existing off-street parking arrangement, sign or mobile home park according to the provisions and timetable previously established under Article V of these regulations for these respective considerations.
E.
Required submissions. The Planning Board shall have
the authority to request or waive any or all of the following in its
consideration of a site plan:
(1)
Application with the name and address of the property
owner and applicant, the existing zoning district and description
of the type and extent of the proposed use, including the total number
of occupants or clientele at any one time.
(2)
A site plan map drawn to scale in ink on a minimum
sheet size of 8 1/2 inches by 11 inches and at a minimum scale
of one inch equals 20 feet, showing the lot size; the placement of
principal and accessory buildings and the relationship to adjoining
parcels and buildings thereon; the number, location and arrangement
of required parking spaces; and any alterations to the site.
(3)
A sign diagram drawn to scale in ink on a minimum
sheet size of 8 1/2 inches by 11 inches at an appropriate scale
and with accompanying information to illustrate the following:
(a)
The location of the building, structure or parcel
of land to which or upon which the sign is to be attached or erected,
including lot and building dimensions and adjoining structures, land
and signs.
(b)
The size and individual dimensions of the sign,
including height, width, depth and clear distance from ground level.
(c)
A description of the sign, including construction
materials, color scheme, text, style and content and lighting, including
construction details.
(d)
A statement and description of all other signs
located or proposed to be located on the property or within the distance
stipulated to be considered under these regulations.
(4)
Those pertinent items of information and in the form set forth under § 180-20D(1) and (2), regarding required submissions for preliminary and final plans.
F.
Site plan considerations. In the review of applications
under this section, the Potsdam Planning Board shall take into consideration
the public health, safety and welfare and the benefits to the community
of good planning and may prescribe appropriate conditions and safeguards
to further the expressed intent of this section, with the following
considerations:
[Added 3-1-1999 by L.L. No. 2-1999]
(1)
Traffic access. All proposed traffic access points
are adequate in width, grade, alignment and visibility, are not excessive
in number, promote the safe and efficient flow of traffic between
the parcel and the adjacent street(s), promote the safe and efficient
flow of traffic on adjacent street(s) and are situated in a manner
to promote pedestrian safety.
(2)
Traffic circulation. The interior circulation system
is adequate to provide safe accessibility to all required off-street
parking areas. Adequate fire lanes shall be provided as necessary.
(4)
Drainage. Stormwater drainage and snow storage, including
roof drainage, shall be according to acceptable standards.
(5)
Solar access. No aspect of the development shall unreasonably
block another property's access to sunlight or air circulation.
(6)
Lighting. Lighting shall be installed and directed
in such a manner as to adequately protect adjacent properties from
excessive glare.
(7)
Building design and location. The location of principal
and accessory buildings on the site in relation to that site, and
to adjoining and nearby uses, shall be appropriate in terms of orderly
development and design for the district. Building facade, bulk, height
and design shall be appropriate to the function of the building and
shall not detract from the general appearance, scale or function of
adjacent or nearby uses and the district.
[Amended 9-26-2005 by L.L. No. 6-2005]
G.
Additional site plan considerations for uses within the H-1 and H-2 Zones. In addition to the criteria outlined in § 180-32, the following standards shall apply to uses in the districts that require site plan review:
[Added 7-7-2009 by L.L. No. 4-2009]
(1)
The location and arrangement for ingress and egress shall be so designed
to minimize curb cuts, traffic congestion, hazards and to maximize
pedestrian and bicyclist safety. Curb cuts shall not be permitted
within 75 feet of an intersection.
(2)
Setback areas at all district boundaries shall be landscaped to soften
the impact on adjacent property owners and zoning districts. Such
consideration shall be provided as required by the Village Planning
Board.
(3)
A parking plan shall be provided demonstrating compliance with the parking requirements of § 180-22; said plan shall show at a minimum:
(a)
An estimated peak parking demand.
(b)
An estimate for daily parking requirements for employees, patients
and visitors.
(c)
The location and layout of on-premises parking to be provided.
(d)
No on-premises parking facilities shall be located within the
required front setback area.
(e)
On-site snow storage facilities shall not cause the loss of
required parking spaces.
(f)
Any change of use that triggers site plan review shall also
require an updated parking plan.
