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. A special use permit may be approved by the Planning Board and
issued by the Code Enforcement Official (CEO) only if the following
standards are met:
A. The proposed special use is consistent with the general
intent of the Village's Comprehensive Plan and with 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 shall be compatible with the orderly development of the district.
C. The 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 Village's neighborhoods and natural resources and
the value of property. The Code Enforcement Official 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 ensure
that the use is being operated in accord with the conditions specified
by the Planning Board. If the Code Enforcement Official determines
that a violation of this Zoning 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. Any structure proposed to be erected, reconstructed
or structurally altered to accommodate a specially permitted use shall
comply with the New York State Uniform Fire Prevention and Building
Construction Code and all other applicable laws, codes and regulations.
The Planning Board may approve a special use
permit for bed-and-breakfast establishments in the R-1 Single-Family
Residential, R-2 One- and Two-Family Residential and R-C Residential/Offices
Districts, provided that the following standards and provisions are
maintained:
A. The minimum lot size, frontage and setback requirements shall conform to the specifications set forth in the
Zoning Schedule of this chapter for single-family dwellings.
B. The building proposed for occupancy as a bed-and-breakfast
establishment shall contain no more than four lodging rooms for hire.
C. The operator of the bed-and-breakfast establishment
shall reside on the premises.
D. The structure proposed for use as a bed-and-breakfast
establishment shall meet the requirements of the NYS Uniform Fire
Prevention and Building Code.
E. The dwelling shall not be altered in a manner that
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.
F. Outbuildings detached from the principal dwellings
shall not be used for the purpose of a bed-and-breakfast establishment.
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 mobile home or mobile home park.
I. Each rentable unit in a bed-and-breakfast establishment
shall maintain a working smoke detector, which shall meet the requirements
of the NYS Uniform Fire Prevention and Building Code.
J. Off-street parking shall be provided as follows:
(1) At least two spaces shall be provided for the family
residing on the premises plus not less than one additional space for
each lodging room.
(2) No such parking space shall be located in the front
yard area, outside of an approved driveway, and each space shall be
not less than 9 by 20 feet in size.
K. The operator of the bed-and-breakfast establishment
shall not provide more than one meal per day to any guest.
L. The Planning Board shall specify the minimum amount
and location of landscaping and buffer screening to ensure that the
use does not create a nuisance for adjoining property owners.
The Planning Board may approve a special use
permit for car wash establishments in the General Commercial District
(GC), provided that the following standards and provisions are maintained:
A. Coin-operated vehicle washers. These washers are intended
to be those in which the vehicle operator washes the vehicle by using
a hose which is geared to a coin-operated, timed mechanism.
(1) The vehicle washing facility or customary uses or
operations associated with the facility shall be located no closer
than 200 feet to any residential district and shall be separated from
a residential district by another nonresidential use.
(2) All washing facilities shall be within a completely
enclosed building which shall be designed in keeping with the facades
of adjacent land uses.
(3) Vacuuming facilities may be located outside the building
but shall not be in the front yard and shall meet the respective setback
requirements as required for the specific district in which the use
is proposed. Such area shall be buffered or screened as deemed necessary
by the Planning Board.
(4) Off-street parking shall be provided on the property
in the ratio of not less than four reservoir parking spaces entering
each washing stall and three reservoir parking spaces at the exit
from each stall plus one space per employee.
(5) Adequate drainage facilities shall be provided to
prevent standing water on-site.
(6) All off-street parking areas shall be hard-surfaced
and paved with asphalt or concrete.
(7) Any lights used to illuminate the area shall be directed
away from adjacent properties.
B. Automatic vehicle washers. These vehicle washers are
intended to be those in which the vehicle is either slowly driven
through or pulled through by an automatic chain mechanism and in which
the vehicle operator does not perform any of the washing function
other than to drive the vehicle where necessary.
(1) The vehicle washing facility and customary uses or
operations associated with the facility shall not be located closer
than 300 feet to a residential district.
(2) All vehicle wash operations shall be so soundproofed,
the entire development shall be so arranged and the operations shall
be so conducted that the noise emanating therefrom, as measured from
any point on the adjacent property, shall be no more audible than
the noise emanating from the ordinary street traffic and from other
commercial or industrial uses measured at the same point on said adjacent
property.
(3) There shall be provided no less than 10 reservoir
parking spaces for the entrance to each washing area if there are
two bays and seven if there are three or more bays and five parking
spaces at the exit of each washing area. One parking space shall also
be provided for each employee on the maximum shift.
(4) Vacuuming facilities may be provided outside of the
building but shall meet the setback requirements as required for the
specific district in which the use is proposed. Such area shall be
buffered or screened as deemed necessary by the Planning Board.
(5) Adequate drainage facilities shall be provided to
prevent standing water on-site.
(6) Any lighting shall be directed away from adjacent
properties.
(7) All off-street parking areas shall be hard-surfaced
and paved with asphalt or concrete.
(8) All washing operations shall be conducted within enclosed
structures which shall be externally designed to be in keeping with
the exterior facades of adjacent land uses.
C. Operators of car wash establishments may be permitted
to sell gasoline on the site of the car wash property. The Planning
Board, in considering such a request, may require the operator to
submit additional information to adequately describe the location
and operation of such activity and, as a condition of granting such
approval, may impose any conditions it deems necessary to protect
the health and safety of motorists and pedestrians and to protect
adjacent properties from potential adverse impacts of such use. Under
no conditions shall the operator be allowed to perform repairs to
motor vehicles on the site. Further, any merchandise available for
sale shall be maintained within a fully enclosed building.
The Planning Board may approve a special use
permit for cluster residential developments of one-family detached
dwellings in the R-1 District, provided that the following standards
and provisions are maintained:
A. A site plan shall be submitted in conformance with the requirements of Article
X of this chapter.
B. The minimum tract size shall be three acres.
C. The lot size, yard, area and height requirements shall
be established on an individual-case basis which reflect the unique
conditions of each site proposed for development, the potential impact
on adjacent properties and to ensure consistency with the Village
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 Village.
The Planning Board may approve a special use
permit for conversion of single-family dwellings into two dwelling
units in the R-2 One- and Two-Family Residential and R-3 Multifamily
Residential District, provided that the following standards and provisions
are maintained:
A. Any building proposed to be converted to create additional
living units shall have not less than 2,000 square feet of gross floor
area.
B. The conversion shall comply with the requirements
of the New York State Uniform Fire Prevention and Building Code, this
chapter and all other applicable laws, codes and regulations.
C. The minimum lot size, bulk requirements and setbacks for structures proposed for residential conversions shall comply with the standards specified in Article
V of this chapter.
D. The minimum habitable floor area for living units
shall be:
(1) Five hundred fifty square feet for efficiency units.
(2) Six hundred fifty square feet for one-bedroom units.
(3) Seven hundred fifty square feet for two-bedroom units.
(4) An additional one hundred twenty square feet for each
additional bedroom.
E. Not less than two off-street parking spaces shall
be provided for each independent housekeeping unit.
The Planning Board may approve a special permit
for drive-in businesses, such as drive-in photo processing, fast-food
establishments, restaurants, taverns, refreshment stands and similar
uses, in the Central Business District (CBD) or the General Commercial
District (GC), 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 this chapter.
(1) The location and dimensions of all structures, including
buildings, screened trash areas, fencing and lighting. (Show direction
and level of illumination.)
(2) The locations and dimensions of all off-street parking
areas and driveways.
(3) Proposed landscaping of site.
C. 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.
D. The minimum distance of any driveway to a property
line shall be 20 feet.
E. The minimum distance between driveways on the site
shall be 50 feet measured from the two closest driveway curbs.
F. The minimum distance into the site shall be from a
street intersection shall be 50 feet measured from the intersection
of the street right-of-way to the nearest end of the curb radius.
G. Drive-in businesses adjacent to or integrated in a
shopping center or cluster of commercial facilities shall use accessways
in common with other business establishments in that center.
H. Exterior lighting proposed for the site shall be planned,
erected and maintained so as not to cast direct light or glare upon
adjacent properties or public right-of-way. The light source shall
not be higher than 20 feet.
I. Landscaping and fencing shall be provided in accordance with §
290-46 to minimize visual impacts and minimize conflicts with adjacent land uses.
Essential services and utilities may be allowed
as special permit uses in all districts by the Planning Board. Prior
to approving a special permit, the Planning Board shall determine
the following:
A. The proposed installation in a specific location is
necessary and convenient for the efficiency of the essential service
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 shall
not adversely affect the safe and comfortable enjoyment of property
in the district in which it is to be located.
C. Adequate landscaping shall be provided to create a
visual and sound buffer between such facilities and adjacent property.
D. All new and replacement electric distribution, telephone,
cable TV and other lines shall be placed underground.
E. All service connections from distribution lines to
consumers shall be placed underground.
F. All points of necessary access or transformers shall
be placed in secure structures at ground level.
G. 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 from any lot line.
H. 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:
(2) Make and model of tower to be erected.
(3) Manufacturer's design data for installation instructions
and construction plans.
(4) Applicant's proposed tower maintenance and inspection
procedures and records system.
(5) Identification of any anticlimb device to be installed.
(6) Identification of the levels of radiation to be emitted
by or from the communication tower.
(7) 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.
(a)
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
nonionizing electromagnetic radiation (NIER) as established by any
regulatory agency, or by the American National Standards Institute
(ANSI).
(b)
Certification by a registered professional engineer
or manufacturer's certification that the tower design is sufficient
to withstand wind load requirements for structures.
(8) The minimum setback for each communication tower from
any property line shall be the height of the tower to be erected plus
20 feet.
(9) No communications tower shall exceed 200 feet above
finished grade level.
(10)
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.
(11)
A minimum radius of 8,000 feet shall be maintained
between any proposed tower and any existing tower, whether located
in the Village of Albion or any adjacent municipality.
(12)
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.
(13)
All commercial communications towers shall be
enclosed by a fence not less than eight feet in height above ground
level.
(14)
The applicant shall demonstrate that feasible
options for colocating communications facilities on other towers have
been thoroughly investigated and that the proposed tower is necessary
to provide adequate communications services.
(15)
The applicant shall provide assurance that the
proposed tower will be made available for colocating additional communications
devices.
(16)
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 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.
(17)
Removal. In the event that a communications
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 Village Board and based upon the Village Board's declaration
to the effect specified herein.
(18)
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 guaranty to
the Village that funds will be available for the Village's use to
remove said structure in the event of noncompliance with the provisions
of this section.
The Planning Board may approve a special use
permit for kennels and animal hospitals with outdoor facilities in
the General Commercial District (GC), provided that the following
standards and conditions are maintained:
A. Adequate landscaping and/ or fencing shall be provided
to create a visual, sound and smell buffer between such facilities
and adjacent properties.
B. All buildings, structures or other accessory uses
shall be at least 75 feet from any property line.
C. All animals shall be kept within a totally enclosed
building between 8:00 p.m. and 7:00 a.m.
D. Lot coverage shall not exceed (50%.
E. One parking space shall be provided for each employee
and one space for every three kennel runs at all kennels and animal
hospitals.
The Planning Board may approve a special use
permit for motor vehicle service stations, including filling stations
and auto repair shops, in the General Commercial District (GC), provided
that the following standards and conditions are maintained:
A. In addition to the information required in the special permit application and site plan and enumerated in Article
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 shall be placed below the ground and the number and location of fuel pumps to be installed. Such site development plans, including the location of tanks and fire suppression equipment, shall comply with the requirements of the NYS Uniform Fire Prevention and Building Code and all other applicable laws, codes and regulations.
B. Such uses shall be screened from adjacent uses by
a buffer area, including screening and fencing to be determined by
the Planning Board, so as to prevent the transmission of headlight
glare across the property 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
be a minimum height of six feet above the ground. If said shrubbery
becomes decayed and fails to provide an adequate screen, the Code
Enforcement Official shall direct the property owner to replace said
shrubs.
C. The entire area of the site traveled by motor vehicles
shall be hard-surfaced and of asphalt or concrete construction.
D. 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.
E. 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.
F. No motor vehicle service station or auto repair shop
shall have more than two driveways on any public street fronting the
site. Entrance and exit driveways shall have an unrestricted width
of not less than 20 feet and not more than 30 feet and shall be designed
as to avoid the necessity of any vehicle backing out into any public
right-of-way. No driveway shall be closer than 50 feet to the intersection
of two street corner lot lines or within 20 feet of an adjacent lot
line. No driveway shall be closer than 50 feet to another driveway
on the same lot, as measured between the two closest curbs.
G. No building or structure, including gasoline pump
or automotive service appliances, shall be erected within 30 feet
of any street line.
H. All repair of motor vehicles, except for minor servicing,
shall be performed in a fully enclosed building. No more than two
partially dismantled motor vehicles shall be stored outside of an
enclosed building at any one time.
I. No more than 10 licensed motor vehicles being serviced
or repaired shall be stored or parked outdoors for more than 48 hours,
and these shall be in areas effectively screened from all property
lines. All such vehicles shall be stored in a neat, orderly manner.
J. No more than two motor vehicles shall be offered for
sale on the premises, outside of an enclosed building, at any one
time.
K. 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 a residence, cemetery, school, church, hospital,
nursing home, senior citizen housing or other place of public assembly
designed for occupancy by more than 50 persons or within 500 feet
of another motor vehicle repair shop or gasoline station on the same
side of the street. Said distance shall be measured in a straight
line between the nearest points of each of the lots or premises.
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 the R-1,
R-2, R-3 and R-MH Districts, provided that the following standards
and provisions are maintained:
A. A statement setting forth the details of the operation
of the use shall be submitted with the application.
B. The applicant shall provide the Planning Board with
evidence of approval, certificate of need, license or other similar
document required to initiate or expand such a use from any and all
appropriate regulatory agencies.
C. Landscaped areas at least 10 feet in depth or other
suitable screening shall be provided for the entire length of any
lot line adjacent to any residence or adjacent street.
D. No structure or use shall be located within 15 feet
of any adjacent property line.
E. 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.
F. The Planning Board, in considering the request for
a special use permit, may impose any conditions it deems necessary
to protect the health, safety and public welfare of the Village.
The Planning Board may approve a special use
permit for townhouse developments in the R-1, R-2, R-3, R-C and P-C
Districts, provided that the following standards and provisions are
maintained:
A. General requirements. 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. The following
general requirements and standards shall govern the review and approval
of site plans for townhouse developments:
(1) Each townhouse dwelling unit shall be located, constructed
and served by public facilities and services and utilities in such
fashion that each dwelling unit may be sold individually.
(2) Each individual dwelling unit in a townhouse shall
be separated from other such dwelling units by a fire wall or fire
separation as required by the NYS Uniform Fire Prevention and Building
Code.
(3) Natural features, including streams, drainageways
and existing trees, shall be preserved and incorporated in the landscaping
of the development.
(4) All utility lines which provide electric, gas, telephone,
television or other similar services shall be installed underground.
Surface-mounted equipment shall be located in a manner so as to minimize
potential conflict with other uses and activities.
(5) Plans submitted for townhouse developments shall identify
areas proposed for dedication to the Village, areas to be held in
common ownership and property to be owned by individuals.
(6) Common property shall, except when accepted by the
Village Board for dedication, be privately owned. If property is to
remain in common ownership, the developer shall provide for and establish
an organization for the ownership and maintenance of such common property.
Rules and regulations proposed to govern the operation and maintenance
of all common property shall be submitted for review and approval
by the Planning Board. Common property shall not be changed from its
status or use as common property without specific authorization of
the Village Board.
(7) In reviewing proposals for the establishment of organizations
to govern the ownership and maintenance of any common property, the
Planning Board shall consider and determine the adequacy of:
(a)
The timetable for the creation of the organization.
(b)
The requirements for membership in the organization
by residents.
(c)
The safeguards to ensure the continuance of
the common property as common property.
(d)
The liability of the organization for insurance,
taxes and maintenance of all facilities.
(e)
The provision for pro rata sharing of costs
and assessments.
(f)
The financial capacity of the organization to
maintain and administer common facilities.
(g)
The proposed relationship between the developer
and the organization and the plan to turn over the responsibility
for the maintenance and administration of common facilities to the
organization.
B. Minimum standards for townhouse developments.
(1) Area. The minimum land area for townhouse developments
shall be two acres.
(2) Densities. The maximum density of residential development
per gross acre of land (including roadways, pedestrian walkways, common
recreation and off-street parking areas, open areas and all nonresidential
areas) for townhouse developments shall not exceed six units per acre
in the R-1 Residential District, eight units per acre in the R-2 Residential
District and ten units per acre in the R-3 Multifamily Residential
District.
(3) Open space. Not less than 25% of the land area within
a townhouse development, excluding parking areas and vehicle access
facilities, shall be developed and maintained as open space for the
use and enjoyment of residents of said development and their guests.
(4) Lot coverage. The coverage of all buildings and structures
within a townhouse development shall not exceed 25% of the area of
the tract.
(5) Building height. No townhouse building shall exceed
32 feet in height.
(6) Distance between buildings. The minimum distance between
two townhouse dwelling buildings shall be 60 feet. The minimum distance
between a townhouse dwelling building and any other structure, including
a swimming pool, shall not be less than 25 feet.
(7) Setbacks. No minimum front, side or rear setbacks
shall be required within a townhouse development except for those
instances in which dwelling units are positioned relative to a public
street. If a structure faces or abuts a public street, no part of
the structure shall be located closer than 60 feet to the public right-of-way.
No structure shall be set back less than 20 feet from any common parking
area.
C. Building standards.
(1) No more than eight townhouse dwelling units shall
be included in a single building.
(2) No building shall exceed a maximum length of 240 feet
on any exterior facade.
(3) Townhouse buildings shall be related to one another
in design, building mass, materials and placement to provide a visually
and physically integrated development.
(4) The treatment of the sides and rear facades of all
buildings in a development shall be comparable in amenity and appearance
to the treatment of any building facade which faces a public street
and complimentary in architectural design to adjacent residential
structures.
(5) Building walls shall be oriented so as to ensure adequate
exposure of light and air to each dwelling unit and to the interior
rooms.
(6) Buildings shall be arranged so as to preserve visual
and audible privacy between each townhouse dwelling unit and adjacent
townhouse buildings.
(7) Building entranceways of adjacent dwelling units in
the same structure shall be designed to ensure the privacy of occupants.
This may be accomplished by varying the setbacks of entranceways or
by providing screening or landscaped plantings, as appropriate.
(8) Building entranceways shall be provided with appropriate
illumination for the convenience and safety of residents. Such lighting
shall be shielded to avoid glare disturbing other properties.
(9) All townhouse dwelling units shall include ground-floor
living space. The location of an enclosed garage shall not qualify
as meeting this requirement.
D. Townhouse parking standards.
(1) No less than two off-street parking spaces shall be
provided for each townhouse dwelling unit.
(2) The requirements for off-street parking may be met
by providing parking spaces in an enclosed garage plus any combination
of spaces on private driveways and/or in a common parking lot.
(3) No common off-street parking lot or outdoor storage
area shall be located closer than 25 feet to any adjacent property.
(4) All off-street parking areas shall be privately owned
and maintained.
(5) Common off-street parking facilities shall be landscaped
and screened from public view to the extent necessary to eliminate
the unsightliness of parked cars.
(6) Common off-street parking areas shall be designed
with careful regard to orderly arrangement, topography, landscaping
and ease of access and shall be developed as an integral part of the
overall site development plan.
(7) Common off-street parking areas shall be provided
with suitable lighting for the convenience and security of residents
but positioned and shielded to minimize glare and potential inconvenience
to residents of the townhouse development and adjacent properties.
E. Minimum habitable floor area requirements:
(1) One-bedroom unit: 650 square feet.
(2) Two-bedroom apartment unit: 750 square feet.
(3) For each additional bedroom: an additional 120 square
feet per bedroom.
F. Landscape site design standards.
(1) Landscaping shall be provided along and adjacent to
all streets, common driveway areas and common off-street parking areas.
Landscaping treatments shall be designed, coordinated and installed
in accordance with the site development plan approved by the Planning
Board.
(2) Landscape treatment shall consist of shrubs, ground
cover and street trees and shall be designed and installed to provide
an attractive development pattern. Landscape materials selected should
be appropriate to the growing conditions of the local environment.
(3) Whenever possible, existing trees shall be conserved
and integrated into the landscape design plan.
(4) All landscaping, except for trees, shrubs and grasses
either existing or to be installed within the public right-of-way,
shall be privately owned and maintained.
G. Site circulation system design standards.
(1) An adequate, safe and convenient circulation system
shall be provided.
(2) The arrangement of streets and common parking areas
shall be designed as integral parts of an overall site development
plan. These features shall be properly related to existing and proposed
buildings and appropriately landscaped.
H. Miscellaneous townhouse regulations.
(1) No home occupations and no business activities of
any type shall be permitted within a townhouse development.
(2) Signage shall comply with the provisions of Article
XI.
(3) All fencing of common areas shall be shown on the
site development plan approved by the Planning Board.
(4) Individual owners may erect privacy fences to enclose
outdoor areas of individual dwelling units. Such fences may be up
to six feet above ground level, provided that such fencing is located
not less than 15 feet from a public street, common off-street parking
or storage area or vehicular accessway thereto. Fencing closer than
15 feet to a public street or common off-street parking or storage
area or vehicular accessway thereto shall not exceed three feet above
ground level.
(5) Except for land which is owned in common, no property
owner shall erect or place an accessory building or structure on the
premises.
(6) The storage of any unregistered vehicles or other
similar equipment out-of-doors overnight shall be prohibited, except
in a common parking area.
I. Special accessory uses. The following special accessory
uses may be established for the common and exclusive use of the occupants
of townhouse residences and their guests. Such special accessory uses
shall be operated on a not-for-profit basis and subject to the approval
of the Planning Board.
(1) Recreational facilities, such as open or enclosed
tennis courts, exercise facilities, picnic areas, gazebos or swimming
pools as regulated herein.
(2) One structure to house maintenance shops and vehicles
to be used exclusively for the maintenance and management of the townhouse
development.
(3) Common space for the exclusive use and convenience
of residents of the townhouse development and their guests to park
vehicles. Such common space shall be adequately landscaped and buffered
so as to screen the site from adjacent areas and uses.
Adult bookstores and adult entertainment establishments,
as defined herein, may be approved in the Light Industrial District
(LI) by the Village 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 Village 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:
(a)
A church, synagogue or place of worship.
(b)
A public or private elementary or secondary
school, day care, preschool or other uses of a similar nature.
(c)
A boundary of any R-1, R-2, R-3, R-MH or R-C
Zoning District.
(d)
A public park, municipal building or community
center.
(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 Village 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
VIII 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
(3) That 51% or more of the property owners within the restricted area as defined in Subsection
B(2) of this chapter have signed a petition stating that they have no objection to the establishment of the uses defined above.
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 Effective Date of This Chapter
|
Date Before Which Use Shall Terminate
|
---|
|
$0 to $5,000
|
January 1, 1998
|
|
$5,001 to $8,000
|
January 1, 1999
|
|
$8,001 to $15,000
|
January 1, 2000
|
|
$15,001 to $22,000
|
January 1, 2001
|
|
$22,000 or more
|
January 1, 2002
|
|
*NOTE: 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 this chapter, exclusive of the fair market value of the structure
in which the use is located.
|