§ 120-30General provisions.
§ 120-31Application and issuance.
§ 120-32Standards for all special permit
§ 120-33Hospitals and nursing homes.
§ 120-34Funeral homes.
§ 120-35Nursery schools.
§ 120-36Outdoor commercial recreational
§ 120-37Veterinarian offices and animal
kennels and hospitals.
§ 120-38Mobile home courts.
§ 120-39Outdoor theaters.
§ 120-40Gasoline service stations.
§ 120-41Commercial garages.
§ 120-43Excavation operations.
§ 120-44Public utilities.
§ 120-45Cluster residential developments.
§ 120-46Planned unit development.
§ 120-47Restricted business and industrial
§ 120-48Planned business area.
§ 120-49Electric generation wind tower.
§ 120-49.1Oil and natural gas wells.
§ 120-49.2Farms; fowl and poultry.
All special permit uses shall be deemed to be permitted principal uses in the district in which they are located, subject, however, to the additional standards of this section and such additional conditions and safeguards deemed necessary to eliminate, insofar as possible, any condition which would adversely affect the development of the district for the other permitted principal uses specified for it.
All applications for the use of a lot for a special permit use shall be referred to and acted upon by the Town Board. Such application shall be accompanied by a detailed plan, a letter of intent and such other exhibits as are required by the Town Board to clearly indicate the proposed use, its location on the lot, the size and bulk of all structures and the location of vehicular ways, parking lots and all pertinent facilities. The Town Board may hold a public hearing on such application.
A special permit, when granted, may include any specified additional conditions and safeguards deemed necessary by the Town Board to carry out the purpose and intent of this chapter in the sole and absolute discretion of the Town Board. The Town Board may refer to the Planning Board for study and recommendations.
The standards for all special permit uses shall be:
The lot area, width and depth shall be such as to minimize the adverse effect of the use on adjoining property.
The extent, bulk and yard setbacks of buildings and/or structures shall be such as to maintain the overall character of the district.
The routing and parking of vehicles shall be such as to minimize hazard to street traffic and pedestrians.
All required yards adjoining any land in a residence district shall be permanently landscaped and maintained in vegetation; no flashing sign or sign with exposed tubes shall be permitted.
There shall be no more than one sign; there shall be no side yard less than 15 feet.
No school activities shall be conducted in a basement or above any floor having direct egress to ground level; there shall be 100 square feet of usable exterior play area for each child enrolled; no exterior play area shall be located less than 15 feet from an adjoining lot use for dwelling purposes; all exterior play area shall be fenced.
There shall be no flashing signs; there shall be no commercial floodlighting facing any land in a residence district closer than 200 feet; loudspeaker appurtenances and lighting shall be restricted to reasonable hours as determined in each case by the Town Board.
All requirements of Chapter 83, Mobile Homes, as amended from time to time on this subject, shall be met, and other standards and conditions may be promulgated by the Town Board in its sole and absolute discretion. Such discretion includes the total denial of a special permit application as determined by the sole and absolute discretion of the Town Board. All mobile home court applications shall be in accordance with and governed by the procedures set forth in Chapter 83, Mobile Homes.
The access and egress points shall be approved by the Town Board as offering a minimum of traffic hazard; the screen shall be situated so as to minimize distraction to motorists; the site shall be at least 10 acres, and an undeveloped buffer area on the site of at least 200 feet wide shall be provided where the lot abuts any land in the R-A or R-1 District.
Gasoline service stations may be permitted in the G-B, H-B and M Districts of the Town, provided that the following standards are observed:
In addition to the information required in the special permit application and enumerated in Article VI of this chapter, the site plan submitted shall also show the number and location of the fuel tanks to be installed, the dimensions and the capacity of each storage tank, the depth the tanks will be placed below the ground, the number and the location of pumps to be installed and the type of structure and accessory buildings to be constructed.
The area and yard specifications for motor vehicle service stations are identified in the schedule of this chapter.
The entire area of the site traveled by motor vehicles shall be paved.
Any repair of motor vehicles shall be performed in a fully enclosed building. No more than two motor vehicles shall be offered for sale on the site. No motor vehicle parts or partially dismantled motor vehicles shall be stored outside of an enclosed building. No more than two unlicensed vehicles shall be permitted on the premises.
Accessory goods for sale may be displayed on the pump island and the building island only. The outdoor display of oil cans and/or antifreeze and similar products may be displayed on the respective island if provided for in a suitable stand or rack.
No motor vehicle service station or public garage shall be located within 500 feet of any public entrance to a church, school, library, hospital, charitable institution or place of public assembly. Such distance shall be measured in a straight line from said public entrance to the lot line nearest said entrance along the street line.
Where a motor vehicle service station abuts a residential zone, it shall be screened by a buffer area of not less than 100 feet in depth, composed of densely planted evergreen shrubbery, solid fencing or a combination of both, which, in the opinion of the Town Board, shall be adequate to prevent the transmission of headlight glare across the zoned boundary line. Such buffer screen shall have a minimum height of six feet above finished grade at the highest point of the station. The materials used shall be in keeping with the character of the adjacent residential area. If said shrubbery becomes decayed and fails to provide an adequate screen, the Zoning Officer may direct the property owner to replace said shrubs.
All fuel pumps shall be located at least 20 feet from any street or property line.
In addition to the sign requirements for business uses, each motor vehicle service station shall be permitted to have one freestanding or pylon sign setting forth the name of the station and for the principal products sold on the premises including special company or brand name, insignia or emblem, provided that such sign shall not exceed 20 square feet in area on either of two sides and shall be hung within the property line and no less than 10 feet nor more than 25 feet above the ground. (See § 120-64, Signs.)
Commercial garages may be permitted in Highway Business and Manufacturing Districts.
The following standards shall apply to all commercial garages located within the Town of Holland:
No major repair work shall be conducted outside of the structure.
All automobile parts and similar articles shall be stored within the structure.
No more than two dismantled vehicles, vehicles under repair, vehicles awaiting repair or repaired vehicles awaiting pickup shall be left in the area between the building line or front wall of a building and the front property line for more than 72 hours. In the case of a corner lot, the property shall be considered to have two front main walls and two front property lines.
A maximum number of vehicles as permitted under Subsection B(3) shall be six unless allowed as a condition of the special permit.
The site shall be maintained so that vehicles using the facility shall not obstruct or become a hazard to users of the public sidewalks or highways on which the station or garage fronts.
Campgrounds may be permitted in the R-A District, provided that the following standards are observed:
No portion of the property for which a special use permit is sought is within 1,000 feet of any watercourse which is part of any water supply system.
All provisions of the Sanitary Code or such other regulations of the State Health Department pertaining to camps shall be complied with.
The number of persons to be accommodated shall not exceed one person per 10,000 square feet of area within such grounds.
No camp structure shall be located within 300 feet of any street or property line.
All requirements of Chapter 83, Mobile Homes, as amended from time to time on this subject, shall be met, and other standards and conditions may be promulgated by the Town Board in its sole discretion. Such discretion includes the total denial of a special permit application as determined by the sole and absolute discretion of the Town Board. All applications shall be in accordance with and governed by the procedures set forth in Chapter 83, Mobile Homes, then in effect.
Excavation operation, including the extraction of sand and gravel and processing or other operations for preparation of sand and gravel, may be permitted in districts of the Town, provided that the following conditions and standards are observed:
The minimum lot area for any such use shall be 10 acres; all buildings and excavation operations shall be located or shall occur not less than 100 feet from any street or property lines. The Town Board may require fencing or some similarly effective barrier six feet in height where excavations are to exceed a depth of four feet.
All buildings and structures used in such operations shall be dismantled and removed within 12 months following the termination of the operations, shall be made at the expense of the operator and shall be a condition of approval of the special use permit.
All buildings, structures and plants used for the processing of excavated materials shall be maintained so as to assure that such buildings, structures and plants shall not become dangerously dilapidated.
All equipment used for the excavation of sand and gravel and the processing thereof shall be constructed, maintained and operated in such a manner as to eliminate, as far as is practicable, noises and vibrations and dust conditions which are injurious or substantially annoying to all persons living in the vicinity; all operations shall be conducted between the hours of 7:00 a.m. and 6:00 p.m. during Monday through Saturday. There will be no operations on Sundays, except in the case that public or private emergency repairs to equipment are required to be made.
All land which has been excavated must be rehabilitated in accordance with standards set within one year after the termination of operations, at the expense of the operator, and shall be a condition of the approval of the special use permit. It is further provided that where an excavation operation has lasted longer than one year, rehabilitation of land in accordance with standards set must be begun and completed within one year's time. The Building Zoning Officer shall require the operator to cease excavation operations when the above standard is violated until the operator complies.
All excavations must either be made to a water-producing depth or graded and backfilled.
Excavations made to a water-producing depth shall be properly sloped to the waterline, with banks sodded or surfaced with soil of an equal quality to adjacent land area topsoil; such topsoil required under this section shall be planted with trees, shrubs, legumes or grasses upon the parts of such areas where revegetation is possible.
The Town Board shall not grant a special use permit for an excavation operation when the area in which the operation is proposed exhibits a residential character. The Town Board shall consider an area to have a residential character when a circle [radius 2,980 feet] drawn around the center of the proposed use contains 1/3 of the homes the area [approximately one square mile] of the circle would have if developed to the density allowed by this Zoning Chapter.
The Town Board may require a performance bond or some other financial guaranty that the conditions of the granting of the special use permit are carried out.
Under no circumstances shall the Town Board issue a special permit for excavation if such a permit under any circumstances and in any manner involves the storing, dumping or otherwise disposal of any waste, industrial waste, solid waste or regulated waste. Nothing in this section shall be construed so as to prevent farm operations; animal housing; the storage, use and disposal of manure or other animal waste; junkyards; or automobile wrecking yards as otherwise permitted by this chapter.
Public utility uses, such as dial equipment centers and substations, but no service or storage yards, may be permitted in a zone district with a special use permit. No special use permit shall be issued unless the Town Board shall determine that:
The proposed installation in a specific location is necessary and convenient for the efficiency of the public utility system or the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located.
The design of any building in connection with such facility conforms to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located.
Adequate and attractive fences and other safety devices will be provided.
A buffer strip 10 feet in width shall be provided around the perimeter of the property.
Cluster residential developments of one-family dwellings may be permitted in the R-A and R-1 Residential Districts of the Town, provided that the following conditions are observed:
The project shall encompass a minimum land area of 25 acres.
The developer shall dedicate all unsubdivided lands to permanent open space. In no case shall these lands be less than 25% of the total project area. All such lands shall be suitable, in the opinion of the Planning Board, for the intended use. Such lands shall be offered for dedication to the Town Board of the Town of Holland.
The developer shall have received the recommendations of the Planning Board of the design and arrangement of streets, lots, open areas and other elements of the project prior to filing the special use permit application.
The requirements of this chapter, insofar as density, minimum lot area, minimum lot width, minimum side and rear yard areas and maximum lot coverage are as specified in the schedule of this chapter.
Planned unit developments consisting of cluster residential developments and business uses as defined below may be permitted in the R-A Rural Residential and Agriculture District of the Town, provided that the following conditions are observed:
Only convenience businesses, such as a grocery store or self-service laundry, will be permitted. In no case will there be more than one business for every 100 homes in a planned unit development.
Business will be housed in buildings structurally and architecturally similar to the residences in the immediate vicinity.
The cluster residential development portion of the planned unit development shall contain a minimum of 100 homes.
The developer shall have received the recommendations of the Planning Board of the design and arrangement of streets, lots, open areas and all other elements of the project prior to filing the special use permit application.
The requirements of this section, insofar as density, minimum lot area, minimum lot with, minimum side and rear yard areas and maximum lot coverage, are as specified in the schedule of this chapter.
In order to provide the Town of Holland with the maximum flexibility in the attraction of potential business and industrial investors, business and industrial uses may be permitted with a special use permit in R-A, GB, HB and M Districts of the Town, provided that the standards and requirements detailed below are complied with:
Said use shall front on a road which, in the opinion of the Town Board, is adequate to accommodate the volume of traffic the specific use is expected to generate.
The Town Board shall not grant a special use permit for a restricted business or industrial use when the area in which the use is proposed exhibits a residential character. In addition to other criteria, the Town Board may consider an area to have a residential character when a circle [radius 2,980 feet] drawn around the center of the proposed use contains 1/3 of the homes the area [approximately one square mile] of the circle would have if developed to the density allowed by this Zoning Chapter. In the determination of density, factors such as road frontage, adaptability of physical terrain and potential development shall be taken into consideration.
The Town Board shall have the authority, in its sole discretion, to approve or deny such application for a special use permit. In the event of disapproval by the Town Board, the administrative remedy of the applicant is to petition the Town Board for an amendment to this chapter to allow the proposed use.
In order to provide maximum flexibility in the business sales and services, planned business areas will be allowed by special use permit in the General Business and Highway Business Districts, subject to be following conditions:
Only uses similar to those permitted in the GB or HB District shall be permitted in a planned business area, as appropriate.
Accessory uses and off-street parking requirements shall be identical to the applicable district requirements, except that there may be one directory sign identifying the names or the occupants of the units at any location therein. Said directory sign shall not exceed 50 square feet in area on either of two sides.
Design and area requirements shall be as follows:
The proposed development for a planned business area shall be constructed in accordance with an overall plan for the entire area and shall be designed with a single architectural scheme with appropriate common landscaping. The development shall provide initially for the construction of either a minimum of 8,000 square feet of ground floor area or a minimum of four of the permitted uses.
No building or permanent structure other than one permitted freestanding sign shall be erected within 50 feet of any street or property line.
The Holland Planning Board may prescribe more restrictive conditions or any further reasonable conditions deemed appropriate with respect to improving the design quality of the planned business district.
Adequate guaranty in the form of either a bond or escrow agreement shall be given prior to approval of the plan to assure that all parking, entrances, exits, facilities and services are installed as required.
Permits issued pursuant to this section shall expire in one year after date of issuance thereof unless the approved project is completed or unless the Planning Board recommends and the Town Board extends the permit for successive terms not exceeding one year each, subject to such safeguards as it may prescribe in the public interest.
Truck loading and unloading areas shall be provided in sufficient amount to permit the transfer of goods and materials on the premises rather than on a public street or customer off-street parking area on the premises; a landscaping screen of no less than six feet in height shall be required where off-street loading and unloading areas abut residential uses, so that such operations shall be shielded from view from such residences.
Parking areas shall be designed to provide for a convenient flow of circulation within the shopping center; dividing aisles shall be provided with one tree for each 10 vehicle spaces of a type to be approved by the Town Engineer; the parking area shall be illuminated by nonglare lighting standards, focused downward, of a height not to exceed 25 feet.
Where a planned business area abuts a residential lot(s), there shall be a buffer strip of 50 feet at the periphery of the planned business area. The buffer strip shall be perpetually maintained with plant materials to provide a visual screen between the planned business area and the adjoining residential lot(s).
In order to provide maximum flexibility in the establishment of private electric-generating systems, said systems will be allowed by special permit use, subject to the following conditions:
Construction, operation and maintenance must be in strict compliance with all requirements of the Public Service Commission and with the public utility contracted with.
All structures must meet applicable code rules and regulations and be certified by a licensed New York State engineer with respect to its compliance.
All structures must be built a distance from all other structures, a distance of at least twice the height of the structure.
The maximum height of the structure is 100 feet.
The owner and operator of generating station is responsible for interference with the use of adjoining and nearby properties, particularly in regard to electrical interference.
The appropriate government body retains the right to establish whatever safeguards and requirements it deems appropriate and necessary.
Statutory authority; determination of well water quality; Holland Aquifer.
In accordance with New York Town Law Article 16, § 261, the Town of Holland does hereby exercise its authority for the purpose of promoting the health, safety and general welfare of the Town, being empowered by local law to regulate and restrict the location and use of land. The exercise of such authorization includes the approval of special use permits in accordance with Town Law § 274-a. The objective of the special use permit is to assure that the proposed use is in harmony with such zoning local lawand will not adversely affect the neighborhood if such requirements are met. Town Law § 274-b, Subdivision 8, requires compliance with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations. Notwithstanding superseding laws such as the Federal Natural Gas Act and the New York Environmental Conservation Law regulating the oil and gas industry, the land use authority granted to the Town may be exercised notwithstanding any incidental effect upon preempting laws, rules and regulations.
The applicant shall seek the consent of each owner and, upon approval, shall determine the quality of all water wells located within 1,000 feet of both vertical and/or horizontal gas/oil wells. The applicant will provide pre- and post-construction testing by a qualified testing entity for all domestic water wells located within 1,000 feet of the proposed well site at no cost to the owner. Results of both the pre- and post-construction testing will be provided to the landowner and to the Town as a supplemental addition to the special use permit.
In the event there are subsequent adverse changes between the pre- and post-construction testing, attributable to the location, construction and use of the gas or oil wells, the applicant shall be responsible for all damages, both actual and consequential, caused by the construction and use of the gas or oil wells. The duration and frequency of subsequent sampling will be determined on a case-by-case basis depending upon the location of the oil and natural gas well in relation to surrounding water wells.
In the event the proposed drilling for oil and gas wells is within the "zone of contribution" to the Holland Aquifer, the applicant shall provide the Town with pre- and post-construction testing.
This section is enacted pursuant to New York State Municipal Home Rule Law, New York Town Law, and New York Vehicle and Traffic Law §§ 385 and 1660, as to provide for the general health, safety and welfare of the citizens of the Town to regulate by permit the operation of motor vehicles exceeding the weight and dimensions standards set forth by New York Vehicle and Traffic Law § 385 (hereinafter "permit").
Any vehicle or combination of vehicles that exceed the weight or dimensions standards set forth in New York Vehicle and Traffic Law § 385 shall be prohibited from operating on roads under the jurisdiction of the Town unless holding a permit issued under the provisions of this section.
This section shall only apply to permits issued in connection with a "major project" as defined in this subsection. For purposes of this section, "major project" shall mean a commercial activity involving the installation, development or construction of one or more oil or natural gas wells and related infrastructure and facilities.
The Town Superintendent of Highways shall authorize the Town to issue the permits established by this section. The Town Board shall set fees for such permits in accordance with the cost of issuing the permit and of inspecting and regulating the permitted activity.
The Town Highway Superintendent shall make available to any applicant who wishes to operate a motor vehicle exceeding the weight and dimensions standards established by the New York Vehicle and Traffic Law a permit application which shall require the applicant to submit, in a form acceptable to the Highway Superintendent, the following:
Proof of valid state motor vehicle registration for each vehicle.
A valid New York State special hauling permit issued by the New York State Department of Transportation pursuant to New York Code of Rules and Regulations (NYCRR) Part 154 (17 NYCRR 1545).
A specification of the Town highways for which a permit is requested as well as a route map indicating the applicant's proposed hauling routes, if applicable.
Proof of liability insurance, as requested by the Highway Superintendent.
Additional relevant information may be required in the permit application as deemed necessary for the purposes of this section by the Highway Superintendent.
Permit conditions. The Town Highway Superintendent is specifically authorized to attach appropriate conditions to any permit issued under this section so as to ensure that hauling and road use by the applicant is consistent with the statutory purpose of New York Vehicle and Traffic Law § 385 and provisions of this section relating to an applicant's obligation to repair or replace any damage to Town roads occasioned by use of the permit. The specifications and costs associated with such repair or replacement shall be determined by the Town in accordance with statutory provisions regarding contracts for purchases of services.
Multiple permits. Should an applicant or one or more related applicants or one or more applications related to the same project or purpose apply for more than one permit under the terms of this section, such applicant(s) must execute a road maintenance agreement acceptable to the Highway Superintendent substantially in a form approved by the Highway Superintendent and made part of the application form referred to in Subsection C herein.
Permit and road maintenance agreement conditions. The Town Highway Superintendent is authorized to attach appropriate conditions to any permit issued under this section and/or to the road maintenance agreement so as to ensure that hauling and road use by the applicant is consistent with the statutory purposes of the New York Vehicle and Traffic Law § 385, New York Vehicle and Traffic Law § 1660 and the provisions of this section relating to the operation of motor vehicles exceeding the weight and dimensions standards set forth in New York Vehicle and Traffic Law § 385 and the applicant's obligation to repair or replace any damage to Town roads established by this section and New York State law.
Duration and term. Permits under this section shall be issued for a period of one year and are subject to renewal for one-year periods, provided that the applicant has complied with the conditions of the permit and, if applicable, the road maintenance agreement.
Revocation of permit; stop orders. The Highway Superintendent is authorized to suspend any permit issued under the terms of this section upon the issuance of a written notice of permit violation issued to the permit holder. Upon the issuance of a notice of permit violation, which may contain an order immediately suspending the permit, the permit holder shall have an opportunity to correct any violation of the permit or shall have an opportunity to be heard by the Highway Superintendent within five days of the notice of the permit violation. Should the applicant fail to correct any violation of an issued permit as specified by the Highway Superintendent, said permit may be revoked on 10 days' written notice to the applicant.
Security bond. Any applicant(s) for permits under this section which may be subject to the requirement of a road maintenance agreement shall fully comply with the indemnity, insurance and security provisions contained in said road maintenance agreement.
Any permit holder shall provide the Highway Superintendent with a minimum of 72 hours' notice of a permit holder's intent to commence use of the permit on Town roads, and further, said applicant shall be required, upon request by the Highway Superintendent, to provide the Highway Superintendent with detailed information regarding the locations and duration of the truck routing activity authorized by the permit.
The Highway Superintendent may waive the requirements of this section for publicly owned vehicles, those vehicles owned by a public utility and emergency vehicles.
Violations and penalties.
Any person who shall operate or move a vehicle or a combination of vehicles the weights or dimensions of which shall exceed the limitations provided in § 385
The Town is specifically authorized to institute a civil action in New York Supreme Court to compel compliance with this section.
Severability. If any part or provision of this section or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this section or the application thereof to other persons or circumstances, and the Town Board hereby declares that it would have passed this section or the remainder thereof had such invalid application or invalid provision been apparent.
For purposes of this section, "animals" are defined as fowl and hoofed animals such as cows, horses, pigs, sheep, goats and similar species as determined by the Town Board.
Farms 10 acres or more. Within 100 feet of any property line in any A, R or B District, no storage of manure or other odor- or dust-producing substance or use shall be hereafter established and no building or pen shall be hereafter erected or changed in use to house or contain horses or other farm animals, more than 30 chickens or other fowl. Within 100 feet of any residence on adjacent property, no fur farm, hog pen or commercial livestock feed lot shall be hereafter established or extended.
Farms under 10 but more than three acres. Special use permits on a parcel less than 10 acres for animal housing shall be required from the Town Board subject to such conditions as the Town Board may impose regulating housing of animals, storage of manure or other odor- or dust-producing substances and consideration of neighbors and such similar restrictions as the Town Board may deem proper under the circumstances. For farms located within a state and county agricultural district, the conditions of a special use permit shall not unreasonably restrict or regulate farm operations in contravention of the New York Agriculture and Markets Law unless it can be shown that the public health or safety is threatened.
Fowl and poultry. Special use permits are required for fowl and poultry in all zoning districts. Applicants for the special use permit must live in detached, single-family homes and raise chickens for noncommercial purposes. The Town Board may impose such conditions, taking into account the zoning district in which the use is proposed including the storage of manure, consideration of neighbors, and such other restrictions as the Town may deem proper under the circumstances.