The following uses may be permitted, provided that a special use permit is obtained from the Village Board under the terms and specifications herein. Whereas the necessity for certain specific uses is recognized and at the same time appreciating the fact that they or any one of them may be or become inimical to the public health, safety, and general welfare of the community if located without consideration to the existing conditions and surroundings, the following standards and proceedings are hereby established, which are intended to provide the Village Board with a guide for the purpose of reviewing certain uses not otherwise permitted in this chapter. The Village Board shall review and administer applications for the following uses according to procedures spelled out for the Village Board under Article
VIII of this chapter.
A. Public utilities. Public utility uses, such as dial equipment centers
and substations, but no service or storage yards, may be permitted
in any district with a special use permit. No special use permit shall
be issued unless the Village Board shall determine that:
(1) The proposed installation in a specific location is necessary and
convenient for the public utility system or the satisfactory and convenient
provision of service by the utility to the neighborhood or area in
which the particular use is to be located.
(2) The design of any building in connection with such facility conforms
to the general character of the area and will not adversely affect
the safe and comfortable enjoyment of property rights of the district
in which it is located.
(3) Adequate and attractive fences and other safety devices will be provided.
(4) A buffer strip 10 feet in width shall be provided around the perimeter
of the property.
(5) Adequate off-street parking shall be provided.
(6) All of the area, yard, and building coverage requirements of the
respective district will be met.
B. Motor vehicle service stations. Motor vehicle service stations may
be permitted in the B-1 District of the Village, provided that the
following standards are observed:
(1) In addition to the information required in the special permit application as enumerated in §
245-34 of this chapter, the site plan submitted shall also show the number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground, the number and location of pumps to be installed, and the type of structure and accessory buildings to be constructed.
(2) The area and yard specifications for motor vehicle service stations
are identified in the Schedule of this chapter.
(3) The entire area of the site traveled by motor vehicles shall be hard-surfaced.
(4) Any repair of motor vehicles shall be performed in a fully enclosed
building, and no motor vehicle shall be offered for sale on the site.
No motor vehicle parts or partially dismantled motor vehicles shall
be stored outside of an enclosed building.
(5) No vehicles shall be permitted to be standing or parked on the premises
of a motor vehicle service station other than those used by the employees
in the indirect or direct operation of the establishment.
(6) 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.
(7) No motor vehicle service station or public garage shall be located
within 500 feet of any public entrance to a church, school, library,
hospital, charitable institution or place of public assembly. Such
distance shall be measured in a straight line from said public entrance
to the lot line nearest said entrance along the street line.
(8) Where a motor vehicle service station abuts a residential district,
it shall be screened by a buffer area no 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 Village Board,
will be adequate to prevent the transmission of headlight glare across
the district boundary line. Such buffer screen shall have a minimum
height of six feet above finished grade at the highest point of the
station. The materials used shall be in keeping with the character
of the adjacent residential area. If said shrubbery becomes decayed
and fails to provide an adequate screen, the Code Enforcement Officer
may direct the property owner to replace said shrubs.
(9) All fuel pumps shall be located at least 20 feet from any street
or property line and shall be attendant-operated.
(10)
In addition to the sign requirements for business uses in the
B-1 District, each motor vehicle service station shall be permitted
to have one freestanding or pylon sign, setting forth the name of
the station and, for the principal products sold on the premises,
including a special company or brand name, insignia or emblem, provided
that such sign shall not exceed 20 square feet in area on either of
two sides and shall be hung within the property line and no less than
10 feet nor more than 25 feet above the ground.
(11)
Service stations may also exhibit one temporary sign located
no less than 10 feet inside the property line and specifically setting
forth special seasonal servicing of automobiles, provided that such
sign does not exceed seven square feet in area.
C. Single-family cluster residential developments. Cluster residential
developments of one-family dwellings may be permitted in the R-1 Residential
District of the Village, provided that the following conditions are
observed:
(1) The project shall encompass a minimum land area of 40 acres.
(2) The developer shall dedicate all unsubdivided lands to permanent
open space. In no case shall these lands be less than 25% of the total
project area. All such lands shall be suitable, in the opinion of
the Village Zoning Board of Appeals, for the intended use. Such lands
shall be offered for dedication to the Village Board of the Village
of Angola.
[Amended 6-14-2021 by L.L. No. 3-2021]
(3) The developer shall have received informal conditional approval of
the Village Zoning Board of Appeals of the design and an arrangement
of streets, lots, open areas, and other elements of the project prior
to filing the special use permit application.
[Amended 6-14-2021 by L.L. No. 3-2021]
(4) The requirements of this chapter insofar as density, minimum lot
area, minimum lot width, minimum side and rear yard areas, and maximum
lot coverage are as specified in the Schedule of this chapter. All other requirements of this chapter shall be adhered
to.
D. Planned unit development. Planned unit developments consisting of
cluster residential developments and business uses, as defined below,
may be permitted in the R-1 Residential District of the Village, provided
that the following conditions are observed:
(1) Only convenience businesses, such as a grocery stores or self-service
laundries, will be permitted. In no case will there be more than two
businesses for every 100 homes in a planned unit development.
(2) Businesses will be housed in buildings structurally and architecturally
similar to the residences in the immediate vicinity.
(3) The cluster residential development portion of the planned unit development
shall contain a minimum of 100 homes.
(4) The developer shall have received informal conditional approval of
the Zoning Board of Appeals of the design and arrangement of streets,
lots, open areas, and all other elements of the project prior to filing
the special use permit application.
[Amended 6-14-2021 by L.L. No. 3-2021]
(5) The requirements of this chapter insofar as density, minimum lot
area, minimum lot width, minimum side and rear yard areas, and maximum
lot coverage are as specified in the Schedule of this chapter. All other requirements of this chapter shall be adhered
to.
E. Residential garden apartments and multiple-dwelling developments.
Residential garden apartments and multiple-dwelling developments may
be permitted in the R-3 District of the Village, provided that the
following standards are observed:
(1) General standards.
(a)
All proposed structures, equipment or material shall be readily
accessible for fire and police protection.
(b)
The proposed use shall be of such location, size and character
that, in general, it will be in harmony with the appropriate and orderly
development of the district in which it is proposed to be situated
and will not be detrimental to the orderly development of adjacent
properties in accordance with the zoning classification of such properties.
(c)
In addition to the above, in the case of any use located in
or directly adjacent to a residential district:
[1]
The location and size of such use, the nature and intensity
of operations involved in or conducted in connection therewith, its
site layout and its relation to access streets shall be such that
both pedestrian and vehicular traffic to and from the use and the
assembly of persons in connection therewith will not be hazardous
or inconvenient to or incongruous with the said residential district
or conflict with the normal traffic of the neighborhood.
[2]
The location and height of buildings, the location, nature and
height of walls and fences, and the nature and extent of screening
and landscaping on the site shall be such that the use will not hinder
or discourage the appropriate development and use of adjacent land
and buildings or impair the value thereof.
(d)
Every application for a special use permit shall be made in accordance with the Rules of Procedure of the Village Board and shall, except in the case of alterations of a building which do not affect the size or the location on the lot thereof, be accompanied by copies of a plot plan containing the same information as required in §
245-35 hereof in connection with an application for a building permit.
(e)
In authorizing the issuance of a special use permit, it shall
be the duty of the Village Board to attach such conditions and safeguards
as may be required in order that the result of its action may, to
the maximum extent possible, further the general objectives of this
chapter.
(2) Specific standards.
(a)
Maximum building coverage. The maximum building coverage of
the lot shall not exceed 20%, including accessory buildings. The remainder
of the lot, excluding necessary parking areas and vehicle access facilities,
shall be reserved as open space.
(b)
Minimum lot size and dimensions:
(c)
Maximum height of buildings: 35 feet or 2 1/2 stories.
(d)
Other regulations.
[1]
The maximum density permitted shall not exceed eight dwelling
units per acre for one- or two-bedroom apartments and four dwelling
units per acre when apartments exceed two bedrooms.
[2]
The minimum floor area for one-bedroom apartments shall not
be less than 600 square feet; the minimum floor area for two-bedroom
apartments shall not be less than 800 square feet; and the minimum
floor area for three-bedroom and larger apartments shall not be less
than 1,000 square feet.
[3]
One off-street parking space shall be provided for every apartment
in housing for the elderly. All other off-street parking shall have
three spaces provided for every two apartments.
[4]
Adequate recreational facilities shall be provided. A minimum
of 10% of the total lot area shall be devoted to recreational activities,
such as a swimming pool, tennis courts, etc.
[5]
No less than 1/4 of the total lot area shall be professionally
landscaped. Landscaping accomplished in connection with protection
of parking areas of front yard area may be included as a portion of
the required 25%.
[6]
The site shall be designed as a self-contained unit with separate
ingress and egress, if possible, to existing Village streets. Access
requirements shall be subject to the review and approval of the Zoning
Board of Appeals by referral from the Village Board.
[Amended 6-14-2021 by L.L. No. 3-2021]
[7]
The erection or anticipated erection of garden apartments or
multiple dwellings under this section shall result in the installation
of operable public water, sewerage and drainage facilities, including
fire hydrants. The developer shall pay for these required improvements
necessary to such development.
F. Satellite antennas. A satellite antenna, which is defined herein
as a parabolic dish or other antenna or device, the purpose of which
is to receive television, radio and/or microwave or other signals
from space satellites, may be erected and maintained, subject to the
following requirements:
(1) A special use permit shall be obtained from the Village Board in accordance with Article
VIII of this chapter; provided, however, that no public notice shall be required unless ordered by the Village Board. Likewise, the Village Board may dispense with the filing of a site plan but may require a sketch of the proposed location.
(2) The satellite antenna shall not exceed 15 feet in height, width or
depth.
(3) The Village Board shall have the power to designate the exact location
of the antenna and to require any landscaping or screening to protect
the aesthetic appearance of the area.
(4) No satellite antenna shall be installed on or above any building
or structure, except in commercial or industrial districts.
G. General standards for I Industrial District. All uses permitted by §
245-12 of the Village of Angola Municipal Code are permitted herein, subject to the general standards as hereinbelow set forth:
(1) All proposed structures, equipment or materials shall be readily
accessible for fire and police protection.
(2) The proposed use shall be of such location, size and character that,
in general, it will be in harmony with the appropriate and orderly
development of the district in which it is proposed to be situated
and will not be detrimental to the orderly development of adjacent
properties in accordance with the zoning classification of such properties.
(3) In addition to the above, in the case of any use located in or directly
adjacent to a residential district:
(a)
The location and size of such use, the nature and intensity
of operations involved in or conducted in connection therewith, its
site layout and its relation to access streets shall be such that
both pedestrian and vehicular traffic to and from the use and the
assembly of persons in connection therewith will not be hazardous
or inconvenient to or incongruous with the said residential district
or conflict with the normal traffic of the neighborhood.
(b)
The location and height of buildings, the location, nature and
height of walls and fences, and the nature and extent of screening
and landscaping on the site shall be such that the use will not hinder
or discourage the appropriate development and use of adjacent land
and buildings or impair the value thereof.
(4) Every application for a special use permit shall be made in accordance with the Rules of Procedure of the Village Board and shall, except in the case of alterations of a building which do not affect the size or the location on the lot thereof, be accompanied by copies of a plot plan containing the same information as required in §
245-35 hereof in connection with an application for a building permit.
(5) In authorizing the issuance of a special use permit, it shall be
the duty of the Board to attach such conditions and safeguards as
may be required in order that the result of its action may, to the
maximum extent possible, further the general objectives of this chapter.
H. Bed-and-breakfast establishment/tourist home. No special use permit
for a bed-and-breakfast establishment or tourist home shall be authorized
unless the applicant's project meets the following requirements:
(1) The applicant shall be the owner and full-time resident of the premises,
and the bed-and-breakfast or tourist home use shall be subordinate
and incidental to the residential use of the structure.
(2) No external modifications of the structure shall be allowed in conjunction with the creation of a bed-and-breakfast or tourist home use, and no visible evidence of the conduct of the establishment, other than the posting of one sign, in accordance with §
245-11 B(1) of this chapter, shall be present.
(3) All guest rooms shall be contained within the principal structure
and limited to the first and second stories of said structure.
(4) The length of stay at a bed-and-breakfast or tourist home establishment
shall not exceed five days per stay.
(5) Guest room living quarters shall not constitute a separate dwelling
unit and shall not be leased or rented as such.
(6) The number of guest rooms for transient lodgers shall not exceed
five, nor be less than three, to accommodate not more than 10 lodgers
at any one time.
(7) The number of occupants per room shall be determined by the provisions of §
127-11, Subsections
A and
B, of the Village Code.
(8) The architectural integrity and arrangement of interior spaces must
be maintained and the number of guest rooms shall not be increased,
except as required to meet health, safety and sanitation requirements.
(9) Sanitary facilities shall be provided on each floor that contains
sleeping accommodations and shall be accessible from any sleeping
room without requiring passage through any other sleeping room.
(10)
The serving of meals on the premises shall be limited to breakfast
for lodgers only; no cooking or cooking facilities and no consumption
of meals shall be permitted in individual guest rooms.
(11)
Communal space utilized for dining purposes must contain a minimum
of 100 square feet of floor area.
(12)
Hard-wired smoke detectors, carbon monoxide detectors and heat-detecting
systems shall be installed in each guest room and in adjacent hallways
and corridors on each floor. Under certain circumstances, residential
sprinkler systems or exterior stairways will be required in conformance
with the New York State Uniform Fire Prevention and Building Code.
All emergency exits shall be obvious and clearly identified, and a
firesafety notice indicating emergency procedures shall be affixed
to the occupied side of the entrance door to each guest room.
(13)
Outside activities shall not be permitted by guests where they
will create a nuisance or in any way alter the character of the neighborhood.
(14)
All off-street parking shall be regulated in accordance with §
245-24 of this chapter. Parking areas for four or more vehicles may require adequate screening from adjacent residential uses, if deemed necessary by the Zoning Board of Appeals.
[Amended 6-14-2021 by L.L. No. 3-2021]
(15)
A certificate of compliance shall be issued by the Building
Inspector only after it has been determined that the structure meets
all of the requirements of the New York State Uniform Fire Prevention
and Building Code and after the special permit has been issued by
the Village Board.
I. Landscape facility: land and building used for the sale and storage
of plants, trees, shrubs, soil, stone, mulch, landscape timbers and
other material directly related to and customarily used for landscaping.
Landscape facilities may be permitted in a B-2 District of the Village,
provided that the following standards are observed:
(1) Plants, trees, shrubs, soil, stone, mulch, landscape timbers and
other materials shall not be stored outdoors within 50 feet of any
street right-of-way.
(2) All equipment and machinery used in the connection with such landscaping
operation shall be stored indoors.
(3) Where the landscape facility abuts a residential district, it shall
be screened by a buffer no less than 50 feet in depth, composed of
densely planted evergreen shrubbery, fencing or a combination of both
or other screening as recommended by the Zoning Board of Appeals and
approved by the Village Board. Such screening shall be in keeping
with the character of the adjacent residential area, and if any shrubbery
becomes decayed or fails to provide an adequate screen, the Code Enforcement
Officer may direct the owner to replace said shrubbery. In the line
between a residential district and a B-2 District lies in a street
right-of-way or on a right-of-way opposite the right-of-way line within
or closest to the B-2 District, the fifty-foot buffer shall be measured
from the right-of-way line within or closest to the B-2 District.
[Amended 6-14-2021 by L.L. No. 3-2021]
Loading spaces shall be provided and maintained on the same
premises with every building, structure, or part thereof erected,
occupied, enlarged or intended to be used, involving the receipt or
distribution by vehicles of material or merchandise.
A. Such space shall be adequate for standing, loading, and unloading
services, in order to avoid undue interference with use of public
transportation.
B. Loading and unloading space shall not be occupied or considered as
any part of the required off-street parking.
C. All business districts shall include a ten-foot by twenty-five-foot
loading space with a fourteen-foot height clearance for every 20,000
square feet or fraction thereof of building floor or land use for
the above-mentioned purposes.
Off-street parking facilities shall adhere to the following:
A. Off-street parking space shall be provided as further specified in
this chapter and shall be furnished with necessary passageways and
driveways. All such space shall be deemed to be required space on
the lot on which it is situated and shall not be encroached upon or
reduced in any manner. All parking areas, passageways, and driveways
(except where provided in connection with one-family residences) shall
be surfaced with a dustless, durable, all-weather pavement, clearly
marked for car spaces, and shall be adequately drained, all subject
to the approval of the Code Enforcement Officer.
B. For the purpose of this chapter, a parking space shall be an area
10 feet wide and 20 feet long, exclusive of passageways and driveways
appurtenant thereto and providing access thereto.
C. None of the off-street parking facilities as required in this chapter
shall be required for any existing building or use, unless said building
or use shall be enlarged.
D. The collective provision of off-street parking areas by two or more
buildings or uses located on adjacent lots is permitted, provided
that the total of such facilities shall not be less than the sum required
of the various buildings or uses computed separately, and further
provided that the land upon which the collective facilities are located
is owned or leased by one or more of the collective users.
E. All parking areas and appurtenant passageways and driveways serving
commercial uses shall be illuminated adequately during the hours between
sunset and sunrise when the use is in operation. Adequate shielding
shall be provided by commercial users to protect adjacent residential
districts from the glare of such illumination and from that of automobile
headlights.
F. Access drives or walkways to any B or I District through any R District
shall not be permitted as this would constitute an illegal use of
residentially zoned land.
G. Off-street parking areas located in commercial districts and which
provide parking for 20 or more vehicles shall be provided with shade
trees of a type approved by the Code Enforcement Officer and located
not greater than 60 feet on center.
The location of newspaper, Pennysaver and other delivery boxes
shall be prohibited within the boundaries of the streets and roads
in the Village of Angola, except at residences where the United States
Postal Service maintains roadside-mounted postal deliveries.