The uses specified in this article are hereby
declared to possess unique characteristics requiring that each proposal
for any such use shall be considered by the Planning Board as an individual
case. Upon application, special use permits may be approved by the
Planning Board and issued by the Code Enforcement Officer in accordance
with the administrative procedures set forth in this chapter and only
after it has found that each and all of the following standards have
been met:
A.
The proposed special use is consistent with the general
intent of the Town's Comprehensive Plan and with each of the specific
purposes set forth in this chapter.
B.
The location, size and use of the structures involved,
nature and intensity of the operations involved and size and layout
of the site in relation to the proposed special use are such that
it will be compatible with the orderly development of the use district.
C.
Operation of the proposed special use is no more objectionable
to the uses of nearby properties, by reason of dust or smoke emission,
noise, odors, fumes, pollution of air or water, including subsurface
waters, unsightliness or similar conditions, than would be the operation
of any permitted use.
D.
The proposed special use satisfies each and all standards
and conditions specified for such special use by the relevant provisions
of this article.
E.
The Planning Board may impose additional conditions
or restrictions as it may deem necessary prior to approving any special
use permit application in order to protect public health and safety,
the quality of the Town's natural resource base and the value of property.
The Code Enforcement Officer shall make an on-site visit to each property
authorized as a special use not less than one time each year. The
purpose of said site visit is to insure that the use is being operated
in accord with the conditions specified by the Planning Board. If
the Code Enforcement Officer shall determine that a violation of this
chapter or the conditions imposed by the Planning Board exists, the
certificate of occupancy and/or certificate of compliance shall be
null and void. A new special use permit application shall be required
to be submitted and approved prior to the reestablishment of said
use.
F.
No site preparation or construction shall commence
nor shall existing structures be occupied for any special permit use
until final site plan approval has been granted by the Town Planning
Board and permits have been issued by all governmental agencies involved.
The Planning Board may approve a special use
permit for private or commercial airports or airstrips in the A/R
- Agricultural/Residential District provided the following standards
and provisions are maintained:
A.
An application for the establishment, construction, enlargement or alteration of an airport shall include, in addition to requirements for special use permits outlined in Article IX, the following statements and information:
(1)
Name and address of the proponent.
(2)
Classification of the proposed airport, such as commercial
or restricted.
(3)
Number and type of aircraft expected to be based at
the airport initially and within five years.
(4)
Whether an instrument approach procedure will be offered.
(5)
Statement as to the anticipated number of daily operations.
(6)
Copy of the airspace clearance granted by the Federal
Aviation Administration for this airport, including USGS topographic
map.
(7)
A copy of the New York State Commissioner of Transportation's
determination that the airport is in compliance with the provisions
of § 249 of the New York State Business Law.
(8)
A site plan of the airport which includes the following, in addition to the requirements listed in Article X:
(a)
Scale no smaller than one inch equals 100 feet.
(b)
Location of all existing and proposed structures.
(c)
Alignment of existing and/or proposed runways
shown in their exact location.
(d)
Location of aircraft parking and tie-down areas.
(e)
Provision for vehicular access and off-street
parking.
(f)
Provisions for sanitary waste disposal and water
supply, if applicable.
(g)
Location and method of all fuel storage facilities.
B.
The Planning Board may, at its discretion, exclude from the requirements of Subsection A(8) above, any private airport established, constructed or maintained by an individual on his property for his personal or hobby use; provided, however, that the following conditions are met:
(1)
The average number of hours that the airport is in
use each week does not exceed 12 hours.
(2)
The individual owns no more than three planes none
of which is designed to accommodate more than six persons, including
the pilot.
(3)
The airport is not utilized for any industrial or
commercial purposes.
(4)
The Planning Board may, at its discretion, require
the applicant to submit proof that the requirements of § 249
of the General Business Law are otherwise complied with, depending
on the proposed airports proximity to highways and other airports.
C.
The Planning Board, in considering a request for a
special use permit or the extension of a permit to operate an airstrip,
may impose any conditions it deems necessary to protect the health,
safety and public welfare of the Town.
The Planning Board may approve the use of a
residential structure for a bed-and-breakfast establishment in the
A/R, R-1 or B District provided that the following standards and provisions
are maintained:
A.
The building proposed for occupancy as a bed-and-breakfast
establishment shall contain no more than four lodging rooms for hire.
B.
The operator of the bed-and-breakfast establishment
shall reside on the premises.
C.
The dwelling shall not be altered in a manner which
would cause the premises to differ from its residential character,
nor shall any extensions or additions to the dwelling be made for
the purpose of renting such space for overnight accommodations.
D.
The use of out buildings detached from the principal
dwellings shall not be used for the purpose of a bed-and-breakfast
establishment.
E.
A minimum of one off-street parking space shall be
provided for each rentable unit, in addition to the two spaces required
for a single-family dwelling. No such parking space shall be located
in the front yard area and each space shall not be less than nine
feet by 20 feet.
F.
The dwelling may display a sign not to exceed two
feet by two feet in size.
G.
No bed-and-breakfast establishment shall be permitted
where access is provided by a shared driveway.
H.
No bed-and-breakfast establishment shall be permitted
in an individual manufactured home or manufactured housing park.
I.
Each rentable unit in a bed-and-breakfast establishment
shall maintain a working smoke detector.
J.
Such uses shall comply in full with the Orleans County
Sanitary Code and the New York State Uniform Fire Prevention and Building
Code.
The Planning Board may approve a special use
permit for camping grounds in the Agricultural/Residential (A/R) District
provided that the following standards and provisions are maintained:
A.
Camping grounds shall be occupied only by travel trailers,
pickup coaches, motor homes, camping trailers, recreational vehicles,
and tents suitable for temporary habitation and used for travel, vacation
and recreation purposes. No permanent external appurtenances such
as carports, cabanas or patios may be attached to any travel trailer
or other vehicular accommodation parked in a camping ground. The removal
of wheels and placement of a unit on a foundation in a camping ground
is prohibited.
B.
Minimum site area: 10 acres.
C.
Minimum sizes for individual campsites: 25 feet by
80 feet to accommodate areas with travel trailers and campers; and,
25 feet by 50 feet for areas to be occupied exclusively with tents.
D.
Not more than 10 travel trailers, campers, tents,
recreational vehicles or motor homes shall be permitted per acre of
gross site area.
E.
A camping ground shall be so located that no entrance
or exits from a site shall discharge traffic into any residential
area nor require movement of traffic from the camping ground through
a residential area. A camping ground shall have a minimum of 150 feet
of frontage on a public street.
F.
Conditions of soil groundwater level, drainage and
topography shall not create hazards to the property or to the health
or safety of the occupants. Natural vegetation shall be retained wherever
possible. The site shall not be exposed to objectionable smoke, noise,
odors, or to other adverse influences, and no portion of the camping
grounds subject to flooding, subsidence or erosion shall be used for
any purpose which would expose persons or property to hazards.
G.
Management headquarters, recreational facilities,
toilets, dumping stations, showers, coin-operated laundries, and other
uses and structures customarily incidental to the operation of camping
grounds are permitted as accessory uses to the camping grounds. In
addition, retail stores and other convenience establishments shall
be permitted as accessory uses in camping grounds in such districts
where such uses are not allowed as principal uses, subject to the
following restrictions.
(1)
Such establishments and the parking areas primarily
related to their operations shall not occupy more than 5% of the gross
area of the camping ground. Such establishments shall be restricted
in their use to occupants of the camping ground.
(2)
Such establishments shall present no visible evidence
from any street outside the camping ground of their commercial character
which would attract customers other than occupants of the camping
ground.
(3)
The structures housing such facilities shall not be
directly accessible from any public street, and shall only be accessible
from a street within the camping ground.
H.
Plans for sewage disposal and water supply shall be
designed in accordance with standards promulgated by the New York
State Department of Health and/or Environmental Conservation, and
shall receive approval from said agencies.
I.
J.
Recreation facilities. A minimum of 8% of the gross
site area for the camping ground shall be set aside and developed
as common use areas for open or enclosed recreation facilities. No
travel trailer site, required buffer strip, street right-of-way, storage
area or utility site shall be counted as meeting recreational purposes.
K.
Entrances and exits to camping grounds shall be designed
for safe and convenient movement of traffic into and out of the camping
ground and to minimize friction with movement of traffic on adjacent
streets. All traffic into or out of the camping ground shall be through
such entrances and exits. No entrance or exit shall require a turn
at an acute angle for vehicles moving in the direction intended. Road
curbs shall have a minimum radius of 50 feet and shall be designed
for "drive-thru" campsite parking.
L.
An adequate lighting system shall be provided for
the camping ground. Pedestrian walkways shall be provided to lead
to all parking areas, rest rooms or other service buildings. All walkways
shall have adequate lighting.
M.
All utilities shall be underground.
N.
Not less than one covered twenty-gallon garbage receptacle
shall be provided for each camp site. No campsite shall be situated
further than 100 feet from a garbage receptacle. Garbage and rubbish
shall be collected and disposed of as often as may be necessary to
insure sanitary conditions.
O.
All applicable sanitation standards promulgated by
the State of New York County of Orleans, or the Town of Albion, shall
be met.
P.
Setbacks. Each building or structure within a camping
ground shall comply with the setback regulations applicable to the
zoning district in which such camping ground is located, except that
travel trailers, campers, tents, motor homes, and the motor vehicles
propelling or carrying the same may be located not closer than 25
feet to any side or rear lot line nor closer than 60 feet to any front
lot line.
Q.
Campsites and buildings shall be set back not less
than 50 feet from any stream which carries water more than six weeks
per year.
The Planning Board may approve a special use
permit for cluster residential developments of one-family dwellings
in the A/R - Agricultural/Residential Districts and in the R-1 - Residential
District provided that the following standards and provisions are
maintained:
A.
A site development plan shall be submitted in conformance with the requirements of Article X of this chapter.
B.
The minimum tract size shall be 15 acres.
C.
The lot size, yard, area and height requirements shall
be established on an individual case basis which reflects the unique
conditions of each site proposed for development, the potential impact
on adjacent properties and to insure consistency with the Town Comprehensive
Plan.
D.
The number of lots or units (density of development)
in a cluster plan shall not exceed that which could be created under
a conventional development plan for the same tract of land.
E.
The developers shall set aside an area of not less
than 20% of the gross acreage of the tract to be devoted exclusively
to permanent recreation areas or open space.
F.
All recreation or open space areas shall, in the opinion
of the Planning Board, be suitable for such use. The ownership and
future maintenance of such recreation areas shall be subject to the
approval of the Planning Board or offered for dedication to the Town.
G.
In determining the overall density to be allowed for
a residential site, all areas of the site will be included.
The Planning Board may approve a special use
permit for a drive-in restaurant in the B General Business District
provided that the following standards and provisions are maintained:
A.
The following information shall be submitted as part
of the application for site plan approval and for a special use permit
for a drive-in business, in addition to that information required
in other sections of the chapter.
B.
All drive-in businesses shall be a minimum of 200
feet from other such businesses, which distances shall be computed
as follows:
(1)
For such businesses on the same side of the street,
200 feet measured between the two closest property lines.
(2)
For such businesses on opposite sides of the street,
200 feet measured diagonally between the two closest property corners.
(3)
For four-corner intersections, one such business may
be located on a diagonally opposite corner exclusive of the two-hundred-foot
distance requirement.
C.
Banks with drive-in facilities shall be permitted
provided that at least five car length spaces are provided in the
approach drive within the property line of the lot for each drive-in
teller's window. Such spaces shall be exclusive of required off-street
parking spaces.
D.
All drive-in businesses shall provide suitable storage
of trash in areas which are so designated and constructed as to allow
no view of the trash storage from the street, to prevent wastepaper
from blowing around the site or adjacent properties or public right-of-way,
and to permit safe, easy removal of trash by truck or hand.
E.
The minimum distance from any driveway to a property
line shall be 20 feet.
F.
The minimum distance between driveways on the site
shall be 50 feet measured from the two closest driveway curbs.
G.
The minimum distance into the site from a street intersection
shall be 30 feet measured from the intersection of the street right-of-way
to the nearest end of the curb radius.
H.
Drive-in businesses adjacent to or integrated in a
shopping center or duster of commercial facilities shall use the common
access with other business establishments in that center.
I.
Exterior lighting proposed for the site shall be planned,
erected and maintained so it will not cast direct light or glare upon
adjacent properties or public right-of-way. The light source shall
not be higher than 20 feet.
J.
Sufficient landscaping and fencing shall be provided
in order to minimize visual impacts and minimize conflicts with adjacent
land uses.
K.
Water supply and sewage disposal systems shall be
reviewed by the Orleans County Health Department.
L.
Any outdoor eating area associated with a drive-in
restaurant shall be maintained, landscaped and physically separated
from any off-street parking area or driveway. Outdoor eating shall
be allowed only if all parking and vehicular travel areas have a dust-free
(paved) surface.
Essential services and utilities may be allowed
as special permit uses in all districts by the Planning Board. The
Planning Board shall determine the following prior to approving a
special use permit:
A.
The proposed installation in a specific location is
necessary and convenient for the efficiency of the essential services
or the satisfactory and convenient provision of service to the area
in which the particular use is located.
B.
The design of any building in connection with such
facility shall conform to the general character of the area and will
not adversely affect the safe and comfortable enjoyment of property
rights in the district in which it is to be located.
C.
Adequate landscaping will be provided to create a
visual and sound buffer between such facilities and adjacent property.
D.
Adequate and attractive fences and other safety devices
will be provided.
E.
Adequate off-street parking shall be provided.
F.
All new and replacement electric distribution, telephone,
cable TV and other lines shall be placed underground.
G.
All service connections from distribution lines to
consumers shall be placed underground.
H.
All points of necessary access, or transformers, shall
be placed in secure structures at ground level.
I.
All major electrical transformer facilities or substations,
if above ground, shall be secured by an outer and inner fence, each
10 feet from each other at any point; also no transformer or associated
switches shall be closer than 100 feet to any lot line.
J.
Additional requirements for communications towers:
(1)
In addition to the application requirements specified for site plan review in Article X, the site plan proposals for a telephone, radio, or other communications tower shall also show:
(a)
The location of all structures and trees on
the site and on any adjacent property within 10 feet of the subject
property line.
(b)
All information prepared by the manufacturer
of the antenna or tower, or the applicant for which a special use
permit is being sought, including, but not limited to, the following:
[1]
Make and model of tower to be erected.
[2]
Manufacturer's design data for installation
instructions and construction plans.
[3]
Applicant's proposed tower maintenance and inspection
procedures and records system.
[4]
Identification of any anticlimb device to be
installed.
[5]
Identification of the levels of radiation to
be emitted by or from the communication tower.
[6]
Identification of the effects such communication
tower's operation will have on other existing communication towers
or antenna within 1,000 feet of the proposed structure.
(c)
A statement from any federal, state or county
regulatory agency attesting that all other agency approvals have been
obtained, including, but not limited to, acceptable levels for dissipate
non-ionizing electromagnetic radiation (NIER) as established by any
regulatory agency, or by the American National Standards Institute
(ANSI).
(d)
Certification by a registered professional engineer
or manufacturer's certification that the tower design is sufficient
to withstand wind load requirements for structures.
(2)
The minimum setback for each communication tower from
any property line shall be the height of the tower to be erected plus
20 feet.
(3)
No communications tower shall exceed 200 feet above
finished grade level.
(4)
All communications towers more than 150 feet in height
above finished grade level shall be marked and lighted in accordance
with Federal Aviation Agency (FAA) Part 77 Standards.
(5)
A minimum radius of 8,000 feet must be maintained
between any proposed tower and any existing tower; whether located
in the Town of Albion, or any adjacent municipality.
(6)
No communications tower shall contain any signage
except that identifying a health, safety, or general welfare message
intended solely for the protection of the general public.
(7)
All commercial communication towers shall be enclosed
by a fence not less than eight feet in height above ground level.
(8)
The applicant shall demonstrate that feasible options
for collocating communications facilities on other towers have been
thoroughly investigated, and that the proposed tower is necessary
to provide adequate communications services.
(9)
Exceptions. The following communications towers are
excepted from the provisions of this section:
(a)
Facilities under the control or ownership and
used exclusively by a public or governmental agency.
(b)
Satellite dish antennas as regulated elsewhere
in this chapter.
(c)
Conventional television and radio antennas when
used exclusively for private benefit and involving a structure with
a height less than 15 feet above existing grade, or if attached to
a structure 35 feet above existing grade.
(10)
Removal. In the event a communication tower
is no longer used for the purpose specified in the application, or
the communication facility ceases operations for a period of 90 days,
such tower, structures or facilities shall be dismantled and removed
from the site within 30 days of receipt of written notice from the
Planning Board and based upon the Planning Board's declaration to
the effect specified herein.
(11)
Assurances. The Planning Board may, as a condition
of special use permit approval, require the applicant to provide a
letter of credit, performance bond, or other financial guarantee to
the Town that funds will be available for the Town's use to remove
said structure in the event of noncompliance with the provisions of
this chapter.
The Planning Board may issue a special use
permit for a home business in conjunction with a single-family dwelling
in the A/R - Agricultural Residential District, subject to the following
standards and conditions:
A.
The operator of the home business shall reside in
the single-family dwelling located on the same lot as the home business.
B.
No more than four persons other than a member of the
immediate family occupying such dwelling shall be employed in such
home business.
C.
Any outdoor storage or display of materials, goods,
supplies, or equipment related to the operation of the home business
shall be adequately screened from view from all neighboring properties
and public rights-of-way.
E.
The use shall not generate noise, vibration, glare,
fumes, odors, or electrical interference beyond what normally occurs
in the applicable zoning district.
F.
One sign shall be allowed not to exceed 16 square
feet in area per side with a maximum of two printed sides.
G.
No more than 40% of the gross floor area of a dwelling
shall be used for the conduct of a home business, provided that the
portion of the dwelling used for residential purposes shall comply
with all applicable laws and codes. The total gross floor area of
a detached accessory structure shall be permitted for use of a home
business provided that no part of the business is conducted within
the principal structure.
H.
The total gross floor area of an accessory building
used for a home business shall not exceed 5,000 square feet in area,
and shall be of a building type that is compatible with the type of
business and consistent with the appearance of the principal dwelling
and the neighborhood or area.
I.
No more than one commercial-type vehicle shall be
used in connection with the home business.
J.
No home business shall be permitted where access is
provided only by a shared private road.
K.
The home business must be of a type that is permitted (either by right or with a special permit) in either the B - General Business or is permitted by right in the LI - Light Industrial Zoning Districts. Junkyards and adult bookstores and adult entertainment establishments shall not be permitted as home businesses. Any business type that would require a special permit if it were located in the B or LI District shall meet all the applicable special permit requirements in addition to the provisions in this section. For example, motor vehicle repair shops operating as a home business shall meet all of the requirements of § 103-59.
L.
Any building used primarily for the home business,
as well as any parking space, loading space, or outdoor storage, shall
be set back a minimum of 15 feet from all side and rear property lines,
and 50 feet from public rights-of-way.
M.
All building and safety codes that apply to the proposed
business shall be adhered to.
N.
Retail sales shall be limited to items produced on
the premises.
The Planning Board may approve a special use
permit for a junkyard, auto wrecking and dismantling yard in the LI
- Light Industrial District provided the following standards and provisions
are maintained:
A.
The provision of the State Junkyard Law (General Municipal
Law § 136, as amended) are hereby adopted by reference and
shall apply to all junkyards as defined in this chapter. The expansion
or alteration of existing junkyards shall also be governed by the
provisions of this section.
C.
A junkyard shall be completely surrounded with a fence
(or screen) at least eight feet in height which completely screens
the junkyard from public view and with a suitable gate which shall
be dosed and locked except during the working hours of such junkyard
or when the applicant or his agent shall be present. Such fence shall
be erected no nearer than the required setbacks.
D.
All junk stored or deposited by the operator shall
be kept within the enclosure of the junkyard except as removal shall
be necessary for the transportation of same in the reasonable course
of business.
E.
All vehicles or engines stored in the yard shall first
be drained of any oil, gasoline or other fluids. Such fluids shall
be safely stored and and disposed of off site.
F.
There shall be no storage or stockpiling of tires
or batteries except within an enclosed building.
G.
Direct sales to the general public shall be confined
to an enclosed building located on the site, except for the sale of
reconditioned motor vehicles. Said motor vehicles may be displayed
in a defined area outside of the fenced junkyard portion but on the
subject parcel. A minimum area of 200 square feet shall be required
for each motor vehicle displayed for sale.
H.
No motor vehicle or dismantled parts may be stored
within 100 feet of the bed of a stream carrying water on an average
of six months of the year.
The Planning Board may approve a special use
permit for kennels in the A/R - Agricultural/Residential District
and the B General Business District, provided that the following standards
and provisions are maintained:
B.
Adequate landscaping or fencing shall be provided
to create a visual, sound and smell buffer between such facilities
and adjacent properties.
C.
Shelters for animals within kennels shall not be closer
than 100 feet to any street or property line.
D.
No outdoor area enclosed by fences for the use of
animals shall be permitted within a front yard. Fenced areas shall
be setback not less than 100 feet from any side or rear property line.
E.
Adequate provisions shall be made for disposing of
animal waste.
F.
All animals shall be kept within a totally enclosed
building between 8:00 p.m. and 6:00 a.m.
G.
Noise and odors shall not become a nuisance to adjacent
property owners.
A.
The Planning Board may approve a special use permit
for mobile/manufactured home parks in the A/R - Agricultural/Residential
District and the B - General Business District, provided that the
following standards and provisions are maintained:
(1)
The minimum site area of proposed manufactured home
parks shall not be less than 20 acres.
(2)
Individual manufactured home lots shall have an area
of not less than 10,000 square feet. Each individual lot shall front
on an interior park roadway and have a minimum width of 75 feet.
(4)
The minimum setbacks of every manufactured home, building
or other structure in a park from the nearest public street line shall
be 70 feet, and from every other lot line of the park shall be 40
feet.
(5)
Not more than one manufactured home shall be located
on any one individual lot. Every manufactured home within a park shall
be located on a manufactured home lot shown on the approved site plan
for said park.
(6)
At least one framed service building shall be constructed
in each manufactured home park which shall be adequate to provide
for storage of all equipment, tools and materials necessary for the
maintenance of the park, and all such equipment, tools, and materials
shall be stored within said building when they are not in use.
(7)
Each individual lot shall have not less than two off-street
parking spaces. Such parking spaces shall be connected to the entrance
of the manufactured home by a paved sidewalk having a minimum width
of 36 inches.
(8)
No boats, campers, travel trailers, recreational vehicles,
or unregistered and unlicensed motor vehicles shall be parked or stored
at any place within a manufactured home park except in areas designated
and approved for such storage as part of the site plan approval.
(9)
Every travel lane and parking lane within a manufactured
home park shall have a minimum pavement width of 12 feet and each
roadway shall have a minimum right-of-way width of 50 feet. If culs-de-sac
exist, they shall have a minimum diameter of 80 feet.
(10)
A complete water distribution system approved
by the Orleans County Health Department and other appropriate agencies,
including a water-service pipe for each manufactured home lot and
appropriately spaced fire hydrants, shall be installed.
(11)
A public sanitary sewage disposal system approved
by the Orleans County Health Department and other appropriate agencies
shall be installed, including a sewer connection for each manufactured
home lot.
(12)
All public utility, electric, gas, cable television
and telephone lines shall be installed underground.
(13)
Appropriate streetlighting shall be installed
on interior roadways with the minimum number of lights being one at
each intersection of interior roadways or with abutting public road,
and at least every 200 feet where such intersections are more than
200 feet apart.
(14)
Pedestrian walkways shall be provided along
at least one side of all interior streets and shall be five feet in
width.
(15)
A landscape plan shall be prepared and carried
out which will assure the Planning Board than an appropriate planting
of trees and shrubs will be included in the park design, including
screening where necessary.
(16)
No manufactured home shall be located on a manufactured
home lot until the roadways, sanitary sewage disposal system, water
supply system, storm drainage system, street lighting, landscaping,
recreation areas, framed service buildings, and accessory vehicular
storage buildings serving the manufactured home park have been installed
in accordance with the approved site plan for the park.
(17)
Each roadway shall be named and noted upon signs
at each roadway intersection. Each manufactured home lot shall be
assigned a permanent number which shall be noted on the manufactured
home lot in a location dearly visible from the roadway.
(18)
All fuel tanks used for heating within a manufactured
home park, including all fuel tanks used for heating within individual
homes, shall be installed in accordance with NFPA standards.
(19)
Every manufactured home park shall have a recreational
area or open space area for use by the occupants of the park. Such
areas shall be as centrally located as the topography and design of
the park permit. Such areas shall not be less than one acre for the
first 20 mobile home lots, with an additional 1,000 square feet provided
for each additional mobile home lot established thereafter.
(20)
The park owner/operator shall provide for the
regular collection and disposal of garbage, trash, and rubbish for
all residents of the park.
(21)
No more than one accessory building shall be
permitted on any individual manufactured home lot.
(22)
Each manufactured home shall be enclosed at
the bottom with a fire resistant skirt or enclosure within 30 days
after the placement of the home on the lot.
(23)
No enclosure or addition, with the exception
of carports, door porches, and patios, shall be constructed on, added
to, or attached to the exterior of any manufactured home.
(24)
No manufactured home shall be offered for sale,
displayed for sale, or sold within a park unless such manufactured
home is located on an individual manufactured home lot and is connected
to electric; sewer and water services.
(25)
Every roadway within a manufactured home park
shall be maintained in good repair and shall be open at all times
reasonably possible for travel by occupants of the park and necessary
fire, police, ambulance, public utility maintenance and fuel supply
vehicles. The park owner/operator shall be responsible for providing
and paying the cost of such maintenance and for all necessary snow
removal.
(26)
Sale of lots. Any sale of a manufactured home
lot or lots, or a portion of a manufactured home park, other than
the entire manufactured home park, as shown on the plan of such park
approved by the Town, shall thereupon immediately invalidate the special
use permit for such park approved by the Planning Board. Any use of
any of the premises within the manufactured home park other than as
a manufactured home park shall thereupon immediately invalidate the
special use permit of such park approved by the Planning Board.
(27)
Home occupations. Home occupations shall not
be permitted in any individual manufactured home located within a
park.
The Planning Board may approve a special use
permit for the sales of motor vehicles in the General Business (B)
District provided that the following standards and provisions are
maintained:
A.
Such sales shall be conducted in a fully enclosed
building located on the same lot, and having a building area of not
less than 5,000 square feet devoted to the sales and services of automobiles;
or
B.
The sale of new and/or used automobiles may be carried
on in an unenclosed area provided that:
(1)
Such unenclosed area shall be paved, shall be suitably
drained, and shall be maintained in a neat and orderly manner.
(2)
All exterior illumination shall be approved by the
Planning Board and shall be shielded from the view of all surrounding
properties and streets.
(3)
Suitable landscaping and/or fencing of such unenclosed
area shall be required.
(4)
No establishment for the sale of new and used automobiles
shall be opened, conducted, or maintained except as provided above.
None of the provisions of this section, however, shall be deemed to
prohibit the continuance of the present use of any property for the
sale of new and used automobiles, provided that any such continued
use shall be subject to all of the provisions of this section. Plans
for any changes required to bring about such conformance shall be
submitted to and approved by the Planning Board before any such change
shall be made. The Planning Board may approve, modify, or disapprove
such plans and may impose reasonable and appropriate conditions to
such approval so that the spirit of this chapter shall be observed.
D.
No vehicles shall be displayed for sale or rent within
25 feet of any property line.
E.
No retail sale of fuels shall occur on the site at
any time.
G.
No exterior light source shall be erected in excess
of 50 feet above the ground surface and all lighting shall be placed
to eliminate the casting of direct light or glare upon adjacent properties.
The Planning Board may approve a special use
permit for motor vehicle service stations and auto repair shops in
the B - General Business District provided that the following standards
and conditions are maintained:
A.
In addition to the information required in the special use permit and site plan review applications and enumerated in Articles IX and X herein, the site plan submitted shall also show the location and number of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground, and number and location of fuel pumps to be installed.
B.
Such uses shall be screened from adjacent uses by
a buffer area not less than 10 feet in depth composed of densely planted
evergreen shrubbery, solid fencing, or a combination of both which,
in the opinion of the Planning Board, will be adequate to prevent
the transmission of headlight glare across the district boundary line.
The Planning Board shall determine on an individual case basis how
close to the right-of-way the landscaped buffer shall be required
to be installed. Such buffer screen shall have a minimum height of
six feet above the ground. If said shrubbery becomes decayed and fails
to provide an adequate screen, the Code Enforcement Officer shall
direct the property owner to replace said shrubs.
C.
The entire area of the site traveled by motor vehicles
shall be hard surfaced.
D.
All repairs of motor vehicles, except for minor servicing,
shall be performed in a fully enclosed building. No motor vehicle
parts, or partially dismantled motor vehicles shall be stored outside
of an enclosed building.
E.
Motor vehicle service stations may include facilities
for the sale of food, household items and convenience merchandise,
provided that the sale of such items takes place entirely within an
enclosed building.
F.
No commercial parking shall be allowed on the premises
of a motor vehicle service station or auto repair shop.
G.
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.
H.
No building or structure, including gasoline pump
or automotive service appliances, shall be erected within 40 feet
of any street line.
I.
No motor vehicle service station or auto repair shop
may display more than four unregistered vehicles for sale or repair
outside of an enclosed building at any one time. All licensed motor
vehicles being serviced or repaired shall be stored in a neat, orderly
manner.
J.
No motor vehicle service station or auto repair shop
shall have more than two driveways on any public street fronting the
site. The driveway width on any street shall not exceed 1/3 of the
total site frontage on each street.
K.
No driveway shall be closer than 50 feet to the intersection
of two street lines, or within 20 feet of an adjacent lot line.
L.
No motor vehicle service station or auto repair shop
and no driveway to any such use shall be established within 200 feet
of the boundary line of the R-1 Residential District, or of any school,
church, park, playground, public library, or any place of public assembly
designed for occupancy by 50 persons or more, regardless of the district
where the subject premises are located. For the purposes of this section,
the distance shall be measured along the street line on the side of
the street where such use is proposed or such driveway would cross.
The Planning Board may approve a special use
permit for multiple-family developments in the B - General Business
District provided that the following standards and provisions are
maintained:
A.
The maximum gross density shall not exceed eight units
per acre.
B.
Minimum habitable floor area requirements:
(1)
Townhouse units with two bedrooms or less: 850 square
feet.
(2)
Townhouse units with three bedrooms or more: 1,000
square feet.
(3)
Efficiency apartment unit: 450 square feet.
(4)
Apartment unit with one bedroom: 550 square feet.
(5)
Apartment unit with two bedrooms: 700 square feet.
(6)
Apartment unit with three bedrooms: 900 square feet.
D.
Setback requirements:
(1)
The minimum front setback from any public street shall
be 50 feet.
(2)
The side and rear setbacks shall be 30 feet from all
other lot lines.
(3)
Minimum distance between building in a multiple-family
dwelling development shall be 60 feet.
(4)
Direct line of sight visibility from one building
to another shall not be less than 100 feet.
(5)
Every building shall have a minimum setback of 20
feet from all interior roads, driveways and parking areas.
(6)
A strip of land at least six feet in width surrounding
each building shall be kept completely open except for foundation
plantings of less than six feet in height.
(7)
Courtyards bounded on three sides by the wings of
a single building or by the walls of separate buildings shall have
a minimum court width of two feet for each one foot in height of the
tallest adjacent building.
E.
No exterior wall shall exceed 100 feet in length unless
there is a lateral offset of at least eight feet in its alignment
not less frequently than along each 100 feet of length of such exterior
wall.
F.
All stairways to the second floor or higher shall
be located inside the building.
G.
Access to public road:
(1)
All multiple-family dwelling developments shall have
direct access to public roads.
(2)
If there are more than 12 dwelling units in a multiple-family
development, direct access shall be provided to a public road by a
private driveway or a road dedicated to the Town by the developer.
(3)
If there are more than 50 dwelling units in a multiple-family
development, or if in the opinion of the Planning Board the location
or topography of the site indicates the need for additional access,
the Planning Board may require such additional access as a condition
of site plan approval.
H.
Requirements for off-street parking as provided in § 103-33 of this chapter shall be met, except that the location of off-street parking lots may be modified to conform with the approved site plan, provided that such lots shall not be located within the front yard or the required side yard setback. Paved pedestrian walkways, with appropriate lighting, shall be provided from off-street parking areas to all living units each parking area is intended to serve.
I.
Off-street parking shall be provided in the amount
of two spaces for each unit.
J.
The aggregate of lot coverage of multiple-family dwelling
development shall not exceed 30% of the total lot area.
K.
Services:
(1)
Each dwelling unit shall contain complete kitchen
facilities, toilet, bathing and sleeping facilities.
(2)
There shall be a minimum common storage area in each
building for bicycles, perambulators and similar type equipment of
40 square feet in area, a minimum of five feet in height and not less
than four feet in width per dwelling unit.
(3)
Sufficient laundry, drying, garbage pickup and other
utility areas shall be provided and shall be located with a view both
to convenience and to minimizing the detrimental effect on the aesthetic
character of the building(s) and shall be enclosed and shielded from
view by fencing, walls or shrubbery of at least six feet in height
around the perimeter. Fencing and walls shall be not more than 50%
open on the vertical surface.
L.
Recreation, open space, maintenance:
(1)
Multiple-family dwelling complexes shall be designed
to create usable private open space. A minimum of 10% of the total
tract area, exclusive of the required setback areas, buffer strip
and parking areas shall be designated for common recreational purposes.
(2)
No recreational area shall be less than 10,000 square
feet in area nor less than 100 feet in width. Areas designated for
recreation purposes shall be approved by the Planning Board.
(3)
Multiple-family dwelling complexes shall be attractively
shrubbed and properly maintained. Open space adjacent to, around,
or between driveways, parking areas, structures or other required
improvements shall be graded and seeded to provide a thick stand of
grass or other plant material.
The Planning Board may approve a special use
permit for public and semipublic uses of an institutional, health,
educational, recreational, religious or cultural nature in any zoning
district provided that the following standards and provisions are
maintained:
A.
Day-care centers.
(1)
All day-care centers shall have an active outdoor
play area of 100 square feet per child.
(2)
Outdoor play areas shall be appropriately fenced in
or otherwise protected from roads and nearby properties.
(3)
No outdoor play equipment may be placed within 10
feet of any property line, fence, or structure.
(4)
Minimum parking shall be one space per staff member,
plus one space per each five children.
(5)
The operator shall have a valid license from New York
State.
B.
All other public and semipublic uses.
(1)
The application shall include a statement setting
forth the details of the operation of the use.
(2)
The applicant shall provide evidence of approval,
certificate of need, license or other similar document required to
initiate or expand such a use from any and all appropriate regulating
agencies.
(3)
The proposal shall meet the minimum area and yard requirements for such uses as specified in the Zoning Schedule.[1]
[1]
Editor's Note: The Zoning Schedule is included at the end of this chapter.
(4)
The proposed use shall meet the minimum off-street
parking and loading and unloading requirements of this chapter as
well as provisions for landscaping, buffering, signs and accessways.
(5)
The Planning Board, in considering the request for
a special use permit, may impose conditions it deems necessary to
protect the health, safety and public welfare of the Town.
The Planning Board may approve a special use
permit for the use of land and buildings for stables for the commercial
boarding of horses or riding academies in the A/R - Agricultural/Residential
District provided that the following standards and provisions are
maintained:
A.
No site preparation or construction shall commence
nor shall existing structures be occupied until final site plan approval
has been granted by the Planning Board and permits have been issued
by all governmental agencies involved.
B.
The permitted use may include any of the following:
(1)
Storage of horse vans for conveying or vanning of
horses as may be accessory to the principal use.
(2)
Sale or rental of horses for use by the public by
the hour, day, month or year.
(3)
Rides on horses by the public.
(4)
Rental of horse vans.
(5)
Riding lessons to the public.
(6)
Sale of horse supplies and/or equipment.
C.
The land devoted to this use shall not be less than
10 contiguous aces.
D.
One principal single-family dwelling may be located on the land devoted to this use provided that it complies with the requirements for this chapter. The land area on which the principal single-family dwelling is located (minimum lot size of A/R District) shall not be considered as part of the land "devoted to this use" as set forth in Subsection C above.
E.
The number of horses that may be boarded and/or trained
at such property shall not exceed 25 horses for the first 10 acres
of land devoted to this use, plus one horse for each additional half
acre of land available for such purpose.
F.
The stable shall be located not less than 100 feet
from any boundary line. The storage of manure shall be located on
land not less than 200 feet from any boundary line. The Planning Board
may require manure storage areas to be screened and/or buffered from
adjacent areas.
G.
Any riding ring shall be at least 50 feet from any
boundary line.
H.
Accessory buildings such as barns (not housing horses),
sheds and the like, may be located on the land devoted to this use
provided that they are set back a minimum of 50 feet from the street
line and from each boundary, and provided further that they are not
used for the storage of manure.
I.
Structures on the land devoted to this use (not including
the principal dwelling) shall not be in the aggregate cover more than
5% of the area of the land devoted to this use.
J.
No structure shall exceed 35 feet in height.
K.
Suitable and adequate off-street parking shall be
provided in accordance with the requirements established by the Planning
Board.
L.
Exterior lighting shall be permitted only to the extent
necessary to prevent injury to the public and shall be so installed
and arranged as to reflect light away from the adjoining streets and
prevent any nuisance to adjoining property.
M.
Exterior loudspeakers shall be installed or used on
the premises so as to minimize potential nuisances to adjacent properties.
Adult bookstores and adult entertainment establishments,
as defined herein, may be approved in the LI - Light Industrial District
by the Planning Board following a public hearing and provided that
the standards and provisions specified below are maintained:
A.
Purpose.
(1)
In the execution of this chapter it is recognized
that there are some uses which, due to their very nature, have serious
objectionable characteristics. The objectionable characteristics of
these uses are further heightened by their concentration in any one
area, thereby having deleterious effects on adjacent areas. Special
regulation of these uses is necessary to ensure that these adverse
effects will not contribute to the blighting or downgrading of the
surrounding neighborhood or land uses.
(2)
It is further declared that the location of adult
bookstores or adult entertainment establishments in areas where youth
may regularly assemble, and the general atmosphere encompassing their
operations, is of great concern to the Town of Albion.
(3)
These special regulations are intended to accomplish
the primary purpose of preventing a concentration of these uses in
any one area and restricting their accessibility to minors.
B.
General regulations.
(1)
The proposed use shall be operated in a manner that
is consistent with the New York State Penal Law relating to exposure,
obscenity or lewdness.
(2)
An adult bookstore or adult entertainment establishment
use shall not be operated within 1,000 feet of:
(3)
An adult bookstore or adult entertainment establishment
shall not be operated within 1,000 feet of another adult bookstore
or adult entertainment establishment, or on the same lot or parcel
of land.
(4)
An adult bookstore or adult entertainment establishment
shall not be operated in the same building, structure, or portion
thereof, containing another adult bookstore or adult entertainment
establishment.
(5)
For the purpose of this chapter, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structures as part of the premises where an adult bookstore or adult entertainment establishment is conducted, to the nearest property line of the premises of any of the uses specified in Subsection B(2)(a) through (d) identified above or to another adult bookstore or adult entertainment establishment.
(6)
All adult bookstores or adult entertainment establishments
shall be conducted in an enclosed building, regardless of location.
(7)
No exterior sign shall contain any photographic or
artistic representation of the human body.
(8)
All building openings, entries, windows, doors, etc.,
associated with an adult bookstore or adult entertainment establishment
shall be located, covered or screened in such a manner as to prevent
a view into the interior of the building from any public right-of-way
or adjacent property.
(9)
No adult bookstore or adult entertainment use shall
be established in any building which is used, in part, for residential
purposes.
(10)
No residential use shall be established in any
building which contains an approved adult bookstore or adult entertainment
use.
(11)
No more than one of the adult uses as defined
above shall be located on any lot.
C.
Waiver of restrictions. The restrictions enumerated in Subsection B above may be waived by the Planning Board if the applicant shows and the Board finds that the following conditions have been met in addition to the general conditions contained in Article IX of this chapter:
(1)
The proposed use will not be contrary to the public
interest or injurious to nearby properties and that the spirit and
intent of this chapter will be observed;
(2)
That the establishment of an additional use of this
type in the area will not be contrary to any program of neighborhood
conservation or improvement, either residential or nonresidential;
and
D.
Amortization. By amortization, the right to maintain
a legal nonconforming adult use shall terminate in accordance with
the following schedule:
|
Amount of Capital
Investment* as of the
Effective Date of this chapter
|
Date Before Which
Use Shall Terminate
| |
|---|---|---|
|
$0 to $5,000
|
January 1, 1999
| |
|
$5,001 to $8,000
|
January 1, 2000
| |
|
$8,001 to $15,000
|
January 1, 2001
| |
|
$15,001 to $22,000
|
January 1, 2002
| |
|
$22,000 or more
|
January 1, 2003
| |
|
NOTES:
* The term "capital investment," as used above
is defined to mean the initial outlay by the owner or operator of
the use to establish the business as of the date of the enactment
of the chapter, exclusive of the fair market value of the structure
in which the use is located.
| ||
[Added 8-11-2003 by L.L. No. 1-2003]
A.
Special use permits for the establishment and operation
of farm labor camps will have an annual duration, with an annual inspection
upon renewal. Minimum site area of proposed labor camp shall not be
less than five acres, and shall include recreational areas for residents.
B.
Minimum front, side and rear setbacks shall not be
less than 200 feet.
C.
Labor camps may be established only on land which
is actually owned and being farmed by the applicant and in the Agricultural-Residential
Zone.
D.
Labor camps may only operate during the growing season
(May to November) except when extraordinary circumstances are shown.
E.
The CEO may inspect the camp at any time with one
days' notice to assure provisions of this section are being complied
with.
F.
The labor camp and camp buildings, including all housing
units, must continually comply with all applicable local, state and
federal ordinances, rules and regulations. Parking area for camp occupants
and visitors shall be hard surfaced with stone, gravel or cinders.
One parking space 10 feet by 20 feet will be provided for each vehicle.
G.
The Planning Board, during site plan review, may take
into consideration the general suitability of establishment of a labor
camp in the particular area requested, including, but not limited,
to traffic concerns, impact on community character and consistency
with the Town Comprehensive Plan.
H.
The Planning Board shall hold a public hearing on
such application for a labor camp. As with all special use permits,
the burden of proof is on the applicant to demonstrate satisfaction
of the criteria for issuance of a special use permit.
I.
The restriction and regulations set forth in these
requirements for a special use permit bear a direct relationship to
the public health, safety and welfare, and nothing herein shall be
interpreted by the Planning Board in such a way as to unreasonably
restrict or regulate farm structures or fanning practices in contradiction
of the applicable provisions of Agriculture and Markets Laws
J.
Renewal. Upon application, and payment of the fee
established by the Town Board, if all of the requirements of the original
permit have been complied with, and no new or additional request or
relief is sought, the CEO shall grant a special permit renewal. Denial
by the CEO May be appealed to the Zoning Board of Appeals, except
where variances from state codes an required, which variances may
be sought from the state in accordance with state law. Denial by the
CEO for failure to comply with the building and state code and/or
where conditions need to be corrected, the CEO may issue a temporary
renewal for up to six months, and said temporary renewal shall specifically
state the conditions to be corrected.
