The Planning Board is hereby authorized to act
on proposed special exception uses which are specifically provided
for in this chapter. Such action may include approval, conditional
approval or disapproval based on the standards set forth in this chapter.
Approval shall be valid only for so long as the declared use and conditions
upon which such approval is based continue, failing which the applicant
or any successor party in interest may be required to remove any building
or structure erected pursuant to or in connection with such approval.
For every such special exception use, the Planning
Board must determine that:
A. Such use will be in harmony with and promote the general
purposes and intent of this chapter.
B. The lot area is sufficient, appropriate and adequate
for the use and the reasonably anticipated operation thereof.
C. The proposed use will not prevent or impair the orderly
and reasonable use of adjacent properties.
D. The site is particularly suitable for the location
of such use.
E. The characteristics of the proposed use are not such
that its proposed location would be unsuitably near a school or recreational
area.
F. The proposed use conforms to this chapter's definition
of the special exception use if such definition exists in this chapter
or with the generally accepted definition of such use if it does not
exist in this chapter.
G. Access facilities are adequate for the estimated traffic
from public streets and sidewalks so as to assure the public safety
and to avoid traffic congestion, and vehicular entrances and exits
shall be clearly visible from the street and not within 75 feet of
the intersection of street lines at a street intersection, except
under unusual circumstances.
H. All proposed curb cuts have been approved by each
authority that has jurisdiction.
I. There are off-street parking spaces at least in the
number required in accordance with provisions of this chapter, but
in any case an adequate number for the anticipated number of occupants,
including visitors, and, further, that the layout of the spaces and
driveways is convenient and conducive to safe operation.
J. Adequate buffer yards and screening are provided where
necessary to protect adjacent properties and land uses.
K. Adequate provisions will have been made for the collection
and disposal of stormwater runoff from the site and of sanitary sewage,
refuse or other waste, whether liquid, solid, gaseous or of other
character.
L. The proposed use recognizes and provides for the further
specific conditions and safeguards required for particular uses in
this article.
A dwelling utilized as a bed-and-breakfast shall
require a special exception permit and must comply with the following
requirements and those restrictions set forth in the prescribed form
of application for a bed-and-breakfast permit when filed.
A. The building shall be a detached dwelling with a certificate
of occupancy for such use and occupied by the owner as the owner's
principal residence during any period of time in which it is also
being used and occupied as a bed-and-breakfast, and the number of
bedrooms therein in addition to those occupied by the owner available
for registered guests shall not exceed five.
B. No separate kitchen facilities for any registered
guest shall be provided.
C. The number of registered guests occupying the premises
at any one time shall not exceed 10.
D. The building must have a minimum of two parking spaces
and at least one parking space for each room to be let. When three
parking spaces are provided, the parking area shall be screened from
direct view of any other structure.
E. Not more than one employee shall be permitted to work
on the premises at any time, and none shall be present between the
hours of 11:00 p.m. and 6:00 a.m. Members of the owner's immediate
family who are residents on the premises shall not be considered employees,
whether paid or unpaid.
F. No guest may be registered for more than seven consecutive
nights. The owner shall maintain a guest register and shall preserve
registration records for a minimum of three years. The register and
all records shall be made available for inspection by the Building
Inspector or his designee.
G. No meals except for breakfast shall be served on the
premises to registered guests.
H. The building shall be in compliance with all applicable
zoning, building, fire, electrical and plumbing codes, as well as
Sections AJ701.1 to AJ701.4 of the Residential Code of the state for
such use.
I. The building shall be used solely as a place for sleeping and service
of breakfast, and hosting of any other use is prohibited.
[Added 7-15-2019 by L.L.
No. 1-2019]
A wind energy conversion system may be constructed
by special exception subject to such requirements as the Planning
Board may prescribe.
A. The wind energy conversion system shall be set back
from all property lines, aboveground utility lines, radio or television
towers and any other wind energy conversion systems by a distance
equal to or greater than the distance from the existing grade at the
foot of the tower to the top of the sweep of the blade or rotor system.
B. No such system shall be located in a required yard
(see Table of Dimensional Regulations).
C. All guy wires and anchors shall be located at least
10 feet from any property lines.
D. No wind energy conversion system shall be constructed
until a building permit has been issued to the property owner by the
Building Inspector. Each application shall be accompanied by a complete
plan drawn to scale showing the location of the tower on site, existing
grade elevation, location of all structures, aboveground power lines
or other utility lines within a radius equal to the distance from
existing grade at the foot of the tower to the top of the sweep of
the blade or rotor system and dimensions and sizes of the various
structural components of the tower's construction. Also submitted
shall be a detail design of the entire structure, including footings,
tower, rotor or blade system and any other component of the wind energy
conversion system, with computations submitted by a registered professional
engineer licensed in the state certifying that the tower (including
footings and rotor system) is designed to comply with the wind load
requirements of the State Building Construction Code. It shall also
be certified by said engineer that the energy conversion system is
designed so as not to exceed the peak load requirements of the user(s)
of the system.
E. No climbing pegs shall be located closer than 12 feet
to the ground level at the base of the structure for freestanding
single pole or guyed towers. A six-foot-high fence with a locking
portal shall be required to enclose lattice towers.
F. The minimum distance between the ground and any part
of the rotor or blade system shall be 15 feet, and in no event shall
such wind system exceed the maximum height permitted for an accessory
structure.
G. An automatic braking, governing or feathering system
shall prevent uncontrolled rotation at wind speeds greater than 40
miles per hour.
H. All power transmission lines from the tower to any
building or other structure shall be located underground.
I. No television, radio or other communication antennas
may be affixed or otherwise made part of any wind energy conversion
system.
J. A wind energy conversion system shall not cause interference
with radio and/or television broadcasting or reception and shall comply
with the provisions of 47 CFR 15 (Federal Communications Commission),
as it exists or as from time to time amended.
K. Evidence satisfactory to the Building Inspector shall
be submitted that the wind energy conversion system complies with
the regulations of the Federal Aviation Administration, Part 77, Subchapter
B, as it exists or as may be amended.
L. All necessary approvals of other agencies having jurisdiction
over such installation, including but not limited to a New York Board
of Fire Underwriters inspection certificate, shall be presented to
the Building Inspector of the Village prior to the issuance of a building
permit. In addition, the owner of the premises on which said system
is to be erected shall sign a statement prepared by the Building Inspector
acknowledging the provisions of this section and agreeing that the
issuance of a permit for the construction of said wind energy conversion
system is subject to such provisions. No person other than the owner
of the premises may sign such statement.
M. Property owners may construct a wind energy conversion
system only for their use by special exception, but such a system
may not be rented or leased to any other person and shall be for the
sole use and benefit of the owners of property on which the system
is located. The mechanical or electrical energy produced or generated
by such system may not be sold or otherwise made available to any
person other than the owner or the local public utility.
N. A certificate of compliance indicating that the wind
energy conversion system has been built in conformance with the plans
and specifications filed with the Building Inspector shall have been
issued prior to the operation of the wind energy conversion system.
O. No alterations, additions, modifications, substitutions
or deletions shall be made to such wind energy conversion system without
approval of the same pursuant to the provisions of this article.
P. The Building Inspector shall have the right at any
reasonable time to enter, in the company of the owner or his agent,
the premises on which a wind energy conversion system has been constructed
to inspect all parts of the system and require that repairs or alterations
be made if, in his judgment, there exists a deficiency in the operation
or in the structural stability of the system. If necessary, the Building
Inspector may order the system secured or otherwise cease its operation.
It shall not be required that the owner or his agent be present in
the event of an emergency situation involving danger to life, limb
or property.