A.
The uses and structures listed in each district, with the exception of the Aquifer Protection District, which require conditional permits are recognized as potentially desirable for the town. However, the uses and structures requiring conditional permits may, because of their nature, present some degree of hazard or danger to the Town and its people. In the Aquifer Protection District, special permits shall be considered pursuant to Article X.
[Amended 5-1-1988 by L.L. No. 1-1988]
B.
The purpose of this article is to establish guidelines
for the Planning Board to use in determining whether or not a conditional
permit should be issued.
A.
Application shall be made to the Zoning Officer and
shall include detailed site plan to scale. Topographic information
may be required in certain instances. With each application a fee
shall be paid in the amount as set forth from time to time by Town
Board resolution, except with an application for a change in use,
in which case a fee in a different amount as set forth from time to
time by Town Board resolution shall be paid.
[Amended 4-1-1987 by L.L. No. 4-1987; 8-5-1998 by L.L. No. 2-1998]
B.
At its next regular meeting following application,
the Planning Board shall review the plan and give tentative approval
or ask for revisions or for more detail. More detail may include complete
architectural drawings of proposed structures and landscaping. (At
the same time the Planning Board may set a date for a final review
of the application).
C.
Referral; public hearing.
(1)
Within five days of first review, the Planning Board
shall refer the application to the Cortland County Planning Board
along with Town comments and recommendations (if required by General
Municipal Law) and set a date for final review.
(2)
The Planning Board may conduct a public hearing on
the application. If a public hearing is considered desirable by a
majority of the authorized members of the Planning Board, such public
hearing shall be conducted within 45 days of the acceptance of the
application and shall be advertised in a newspaper of general circulation
in the Town at least five days before the public hearing.
[Added 5-1-1988 by L.L. No. 1-1988]
D.
The Town Planning Board will take no final action
until it has received comments and recommendations from the County
Planning Board or 45 days have passed from the date of submittal to
the County Planning Board, if such is required by General Municipal
Law § 239.
F.
The Town Planning Board will make a factual record
of all proceedings in issuing a conditional permit, and such record
shall contain the reasons for the decision.
G.
If approval or conditional approval is given, a building
permit shall be authorized at such time as all conditions are met.
Application to the Zoning Officer for any building permit or certificate
of zoning compliance authorized by resolution of the Planning Board
under which a conditional permit is granted shall be made within 60
days from the date the resolution is filed with the Town Clerk or
within a time period agreed upon by the applicant and the Planning
Board. If a building permit is not applied for within this time frame
or a building permit has expired, the applicant shall submit a new
application to the Planning Board.
[Amended 8-17-1988 by L.L. No. 2-1988;
amended 12-16-2009 by L.L. No. 3-2009]
H.
The Planning Board, on its own motion, may revoke any conditional permit for noncompliance with conditions set forth in the granting of said permit after first holding a public hearing and giving notice of such hearing as provided in § 178-74C. The foregoing shall not be the exclusive remedy, and it shall be unlawful and punishable hereunder for any person to violate any condition imposed by a conditional permit.
[Added 8-17-1988 by L.L. No. 2-1988]
A.
In order to grant approval for a conditional permit,
the applicant must prove that the structure and/or use:
(1)
Is appropriate for the particular lot and area, and
will not conflict with allowed uses.
(2)
Is in compliance with all other applicable sections
of this chapter.
(3)
Is physically and visually compatible with general
neighborhood or planned neighborhood development.
(4)
Provides a suitable transition when located between
differing uses or districts where none is provided or provides a visual
buffer by landscaped green areas or fencing.
(5)
Has adequate space and plans for off-street parking.
(6)
Has future expansion or revision capabilities without
need for variances.
(7)
Provides for safe handling of vehicular traffic to
and from the site without causing congestion. No new vehicular entrances
shall be permitted within 50 feet of an existing intersection.
(8)
Provides for safe passage of pedestrians.
(9)
Enhances neighboring property and does not lead to
depreciation of properties (by reason of noise, traffic, dust, fumes,
smoke, odor, fire, glare, flashing lights or sewage disposal).
B.
In granting a conditional use, the Planning Board
shall make findings of fact consistent with the provisions of this
chapter. The Planning Board shall not approve a conditional use except
in conformity with the spirit, purposes, conditions and standards
outlined in this chapter. In order to obtain the Planning Board's
approval of a conditional permit, the applicant must prove that the
location, structure, and/or use:
[Added 1-16-2008 by L.L. No. 1-2008]
(1)
Is consistent with the general intent of the Town
of Cortlandville's Land Use and Aquifer Protection Plan.
(2)
Is in conformity with all applicable requirements
of this chapter and all Town ordinances.
(3)
Will not pose a significant threat to the quality
and/or quantity of Cortlandville's sole source aquifer or its delineated
wellhead protection zones.
(4)
Is in the best interests of the Town, the community,
and the public welfare, and shall not be a detriment to the properties
in the immediate vicinity.
(5)
Is suitable for the property in question and designed
to be constructed, operated, and maintained so as to be in harmony
with and appropriate in appearance with the existing or intended character
of the general vicinity.
(6)
Does not cause unsuitable effects on highway traffic
and safety with adequate access to protect streets from undue congestion
and hazard.
A.
Residential.
(1)
Multifamily dwellings with over four dwelling units
must have two means of egress and ingress, unless, at the approval
of the Cortlandville Code Office and Cortlandville Board of Fire Commissioners,
the building is equipped with proper fire prevention equipment pursuant
to the New York State Fire Code, Appendix D, Fire Apparatus Access
Roads, Section D105.1.
[Amended 5-3-2023 by L.L. No. 3-2023]
(2)
Public sewer and water facilities must be provided
for multifamily dwellings with over four dwelling units.
(3)
Customary home occupations must be of a type that
will not create noise and traffic problems in residential neighborhoods.
(4)
Customary home occupations must have sufficient off-street
parking for all customer vehicles.
(5)
In
the B2 and B3 District, multiple-family is only allowed as a mixed
use with commercial. For one-story structures the commercial use shall
have a minimum of 50% of the gross floor area in use for business.
For multistory buildings the commercial use shall have a minimum gross
floor area equal to the story with the greatest floor area. For projects
with multiple structures, these percentages shall apply to gross square
footage allowing for a mix of commercial and residential structures.
[Added 12-16-2009 by L.L. No. 3-2009]
B.
Agricultural related uses.
(1)
Liquid and solid manure storage facilities shall be
sited in a manner to reduce odor problems with adjacent residential
areas.
(2)
Land application of human and animal waste products
shall be carried out in a manner to reduce environmental hazard.
(3)
Visual screening of used equipment may be required
for agricultural implement sales areas.
C.
Educational and cultural facilities.
D.
Recreational and social activities.
(1)
Sufficient visual and sound screening shall be provided
between activities and adjacent residential neighborhoods to limit
noise and sight disturbances.
(2)
Traffic routes shall be located to protect safety
of pedestrians.
(3)
Parking areas and drives shall be surfaced so as to
be dust-free.
(4)
Lighting must not create glare on adjacent properties
and roads.
E.
Religious and charitable institutions. Buildings shall
be architecturally designed to enhance or be compatible with neighborhood.
F.
Health, medical and care services. Hospital and clinic
emergency traffic entrances shall have sufficient capacity to handle
loads without interrupting neighboring traffic patterns. Entrances
to parking areas shall be of sufficient width for two-way traffic
or shall have separate entrance and exit locations.
G.
Transportation and utility facilities.
(1)
Private air landing fields must not locate glide paths
and takeoff patterns over existing residential neighborhoods.
(2)
Utility substations shall be screened with vegetative
material from adjacent residential and commercial properties and shall
be adequately fenced to prevent entry by unauthorized personnel.
(3)
Entrances to warehousing, bus and truck terminals
shall be of sufficient width to allow turns out into the nearest traffic
lane without necessitating a swing into another lane.
(4)
In residential neighborhoods, all new utility lines
shall be underground to the maximum extent possible. Where existing
services use poles, this condition may be waived, at the discretion
of the Planning Board.
(5)
Communication antennas and towers shall be located
so as not to interfere with adjacent property's solar access. Siting
of facilities over 30 feet in height will not be permitted in residential
neighborhoods.
H.
Business uses.
(1)
Commercial garages, gasoline service stations, automotive
repair shops and other facilities storing petroleum products on-site
shall have tanks tested in accordance with Cortland County Health
Department requirements and NFPA 329 or latest NFPA code on testing
of underground storage tanks. Above-ground petroleum storage shall
be placed within impervious containment structures a minimum of 30
feet from any structure or property line.
(2)
Retail sales with over 15,000 square feet of gross
floor area and shopping centers shall have at least two means of access
to parking facilities.
I.
Industrial uses.
[Added 1-16-2008 by L.L. No. 1-2008]
(1)
Uses and/or activities such as but not limited to
the storage of or use of chemicals of any form or quantity shall not
pose a significant threat to the Town of Cortlandville's sole source
aquifer or its delineated wellhead protection zones.
(2)
Sufficient open space will be provided to ensure the
protection of community character, aesthetics, groundwater infiltration,
and buffering.
(3)
Buildings shall be architecturally designed to enhance
or be compatible with surrounding structures in terms of form, function,
and design. Structures will be consistent with the aesthetic general
intent of the Town's current Master Plan.
(4)
Structures and uses will have adequate buffers to
prevent negative impacts associated with noise, traffic, dust, fumes,
smoke, odor, fire, glare, and/or flashing lights.
(5)
The use will not cause and/or be considered a nuisance
to surrounding properties and will not have a negative effect on surrounding
property values.
(6)
The use will have adequate site access to protect
streets from undue congestion and hazard and will not cause unsuitable
effects on highway traffic and safety.
(7)
The use will provide adequate space for parking and
future development or expansion needs.
The following activities are prohibited:
A.
The production from raw materials of cement, explosives,
fertilizer, rubber, soaps, starch and the by-products of coal, coke,
petroleum and natural gas.
B.
The milling or processing of flour; the reduction,
refining, smelting and alloying of metal or metal ores; the distillation
of wood or bones; and the reduction and processing of wood pulp and
fiber.
C.
The operation of stockyards, slaughterhouses and rendering
plants.
D.
Storage involving inflammable and explosive materials
except in accordance with the laws and regulations of the State of
New York.
E.
Storage of crude oil or any of its volatile products
or other highly inflammable liquids except in accordance with the
laws and regulations of the State of New York, and all such tanks
shall be properly diked with dikes having a capacity equal to 1 1/2
times the capacity of tank or tanks surrounded.
F.
Storage of crude oil or any of its volatile products
or other highly inflammable liquids within 30 feet of any property
line.
G.
Activities which emit dangerous radiation adversely
affecting the operation at any point of any equipment other than that
emitting the radioactivity.
H.
Visible grey smoke of a shade darker than No. 1 as
shown on the Power's Micro-Ringelmann Chart, McGraw-Hill Publishing
Co., 1954, except that visible grey smoke of a shade not darker than
No. 2 on said chart may be emitted for not more more than four minutes
in any 30 minutes. These provisions, applicable to a visible grey
smoke, shall also apply to visible smoke of a different color but
with an equivalent apparent density.
I.
Emissions from any chimney or other orifice which
can cause any damage to health, to animals or vegetation, or other
forms of property or which can cause any excessive soiling at any
point, and in no event any emission, from any chimney or otherwise,
of any solid or liquid particles in concentrations exceeding 0.3 grains
per cubic foot of the conveying gas or air at any point. For measurement
of an amount of particles in gases resulting from combustion, standard
corrections shall be applied to a stack temperature of 500° F.
and 50% excess air.
J.
Discharges into any private sewage disposal system
or stream, or into the ground, of any materials of such a nature or
temperature as can contaminate any watercourse or supply, or can cause
any dangerous or unhealthy condition, except:
K.
Activities which produce any material effect on the
temperature, motion or humidity of the atmosphere at the lot line
or beyond.
