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 complying with the requirements of Article III, special use permits may be approved by the Planning Board and issued by the Zoning Officer in accordance with the administrative procedures set forth in Article III 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 Cuba Village 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.
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 natural resource base and the value of
property. The Zoning 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 ensure that the use is being operated
in accord with the conditions specified by the Planning Board. If
the Zoning 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 Planning Board
and permits have been issued by all governmental agencies involved.
A.
Essential services as defined in § 200-10 herein may be allowed as a special permit use in any zone district upon the approval of a special use permit by the Planning Board.
B.
The Planning Board shall determine the following prior
to approving a special use permit:
(1)
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 to be located.
(2)
The design of any building in connection with such
facility shall conform to the neighborhood 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.
(3)
Adequate and attractive fences and other safety devices
will be provided.
(4)
A buffer strip not less than 15 feet in depth shall
be provided around the perimeter of the property proposed for such
use.
(5)
Adequate off-street parking shall be provided.
(6)
All other applicable requirements of this chapter
shall be met.
The Planning Board may approve a special use
permit for public and semipublic uses as defined in this chapter as
specified in each district except the L-I Light Industrial District,
provided that the following standards and provisions are maintained:
A.
A statement setting forth the details of the operation
of the use shall be provided.
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.
The proposal shall meet the minimum area and yard
requirements for such uses as specified in Schedule I.[1]
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
D.
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.
E.
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 multiple-family developments including townhouses in the
R-2 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. The following requirements
and standards shall govern the review and approval of site plans for
multiple-family developments.
B.
The minimum land area required for such use shall
be two acres.
C.
The maximum gross density shall not exceed 12 dwelling
units per acre.
D.
No building shall contain more than 12 dwelling units.
E.
Dwelling units designed as part of a townhouse complex
shall be located, constructed and served by public facilities and
services and utilities in such fashion that each dwelling unit may
be sold individually.
F.
Each individual dwelling unit in a townhouse complex
shall be separated from other such dwelling units by a fire wall.
Such fire wall shall comply with the requirements of the Uniform Code,
extend from the foundation to the roof and be unpierced.
G.
All utility lines which provide electric, gas, telephone,
television or other similar services to a multiple-family development
shall be installed underground. Surface-mounted equipment shall be
located in a manner so as to minimize potential conflict with other
uses and activities.
J.
Setback requirements. Minimum area and yard requirements
for each multiple-family structure within a multiple-family development
shall be as follows:
(2)
Minimum distance between buildings: 60 feet.
(3)
Direct line of sight visibility from one building
to another shall not be less than 100 feet.
(4)
Every building shall have a minimum setback of 25
feet from all interior roads and common parking areas.
(5)
A strip of land at least six feet in depth surrounding
each building shall be kept completely open except for foundation
plantings of less than six feet in height.
(6)
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.
K.
No exterior wall shall exceed 100 feet in length unless
there is a lateral offset of at least eight feet in its alignment.
Each offset shall occur no less frequently than along each 100 feet
of length of such exterior wall.
L.
All stairways to the second floor or higher shall
be located inside the building.
M.
All multiple-family dwelling developments shall have
direct access to a public street or a private street which is improved
to meet Village standards.
N.
Off-street parking shall be provided in accord with the requirements of Article XI of this chapter. Off-street parking shall not be located within any required setback areas. 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.
O.
The aggregate lot coverage of multiple-family dwelling
developments shall not exceed 30% of the total lot area.
P.
Services.
(1)
Each dwelling unit shall contain complete kitchen
facilities, toilet, bathing and sleeping facilities.
(2)
There shall be a compartmentalized storage area in
each building for individual dwelling units for bicycles, baby carriages
and similar types of equipment. Storage areas shall include not less
than 40 square feet in area per dwelling unit and shall be 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.
Q.
Recreation, open space and 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
landscaped 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.
(4)
Multiple-family developments shall be constructed
in accord with the site plan approval by the Planning Board and shall
be designed to include adequate provisions for stormwater runoff.
S.
Common property.
(1)
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.
(2)
Common property shall, except when accepted by the
Village Board for dedication, be privately owned. Where 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.
(3)
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 of common facilities to the organization.
The Planning Board may approve a special use
permit for cluster residential developments of one-family detached
dwellings in the R-1 and R-2 Residential Districts, provided that
the following standards and provisions are maintained:
A.
A site development plan shall be submitted in conformance with the requirements of § 200-14 of this chapter.
B.
The minimum tract size shall be 10 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 ensure consistency with the Cuba Village
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 a home occupation in the R-1 and R-2 Residential Districts
and the G-H Genesee Historic District, provided that the following
standards are maintained:
A.
No more than one person other than a member of the
immediate family occupying such dwelling shall be employed as part
of the home occupation.
B.
A home occupation must be conducted within a dwelling
which is a bona fide residence of the principal practitioner or in
an accessory building thereto which is associated with a residential
use. Home occupations may occupy either up to 30% of the gross floor
area of the residence to be used for the conduct of a home occupation
or an area of up to 40%, if operated in an accessory structure.
C.
The exterior appearance of the residential structure
used for the home occupation shall not be altered nor shall the occupation
within the residence be conducted in a manner which would cause the
premises to differ from its residential character either by the use
of colors, materials, construction, lighting, signs or the emission
of sounds, noises or vibrations.
D.
No outdoor display of goods or outside storage of
equipment or materials used in the home occupation shall be permitted.
E.
Each home occupation may be allowed to have one sign indicating the name and address of the occupant or permitted home occupation. Said sign shall be in conformance with Article XII of this chapter.
F.
Home occupations shall provide two parking spaces
for client use, plus one parking space for each nonresident employee
in addition to the off-street parking spaces required for the dwelling.
G.
The Planning Board shall review and approve the amount
and location of landscaping and buffer screening to be provided to
limit the potential impact of such uses on adjacent properties.
H.
Subject to the provisions of this chapter, home occupations
shall be limited to the following uses:
(1)
Professional offices, including but not limited to
lawyer, engineer, architect, computer consultants, insurance investment
services. For the purposes of this chapter, medical and dental offices
are specifically excluded from the list of permitted home occupations.
(2)
Custom dressmaking, seamstress and milliner.
(3)
Artist.
(4)
Musician.
(5)
Tutoring or counseling, including music and dance
instruction for no more than four individuals at one time.
(6)
Barbershop.
(7)
Beauty salon.
(8)
Woodworking shops.
(9)
Household appliance repair shops.
(10)
Collectibles, crafts and similar cottage industry
operations.
(11)
Mail order retail businesses.
(12)
Information technology services.
The Planning Board may approve a special use
permit for bed-and-breakfast establishments in the R-1 and R-2 Residential
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 Schedule I[1] of this chapter for single-family dwellings.
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
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 and shall be the only permanent occupant
on the premises.
D.
The structure proposed for use as a bed-and-breakfast
establishment shall meet the requirements of the Uniform Code.
E.
Off-street parking space shall be provided as follows:
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.
F.
One sign up to six square feet in area may be permitted
on the premises. The sign may be freestanding or mounted on the building.
If freestanding, the sign shall not be more than four feet in height
measured from the ground to the top of the sign. Such signs may not
be illuminated, except indirectly.
G.
The exterior of the building shall be maintained consistent
with the neighborhood character of the area.
H.
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 an accessory apartment in the R-1 and R-2 Residential Districts
and the G-H Genesee Historic District, provided that the following
standards and provisions are maintained:
A.
It is the intent of the Village to provide housing
opportunities for elderly residents or for infirmed family members
who require extended personal care but are not so infirmed as to require
full-time care or nursing supervision to live either within the same
structure as the occupants of the principal residence or on the same
premises in a detached structure which is accessory to the principal
residence. Should there be a change in the conditions existing at
the time of the approval of the special use permit, the permit shall
become null and void.
B.
The accessory apartment shall be occupied by a parent,
either by blood, marriage, adoption or other domestic bond, of a member
of the family residing in the principal residential unit on the premises.
C.
If the resident proposed to be the occupant of the
accessory apartment is not a parent of the occupant of the principal
residential unit, the applicant shall supply a letter from a physician
certifying that the intended occupant of the accessory apartment cannot
function independently and is in need of extended personal care but
is not so infirmed as to require full-time care or nursing supervision.
D.
The accessory apartment shall be a complete and independent
dwelling unit that can be isolated from the principal unit.
E.
No external change in the appearance of the structure
shall be made that would distinguish the premises from a single-family
residence.
F.
If the accessory apartment is to have a separate exterior
entrance, said entrance shall not be on any building facade that faces
a public street.
G.
The accessory apartment shall not exceed 35% of the
total floor area of the principal building or 550 square feet, whichever
is greater.
H.
The owner of the residence in which the accessory
unit is created shall occupy at least one of the dwelling units on
the premises.
I.
No less than three off-street parking spaces shall
be provided to serve the residents of the principal and accessory
residential units.
J.
Not more than one accessory apartment may be created
on any single property.
K.
The special exception shall be granted for a two-year
period and may be renewed for the same period of time as long as the
same conditions are in effect. If the parent is deceased or the resident
requiring extended care is no longer occupying the accessory unit,
the permit shall not be renewed and the facilities that provide for
independent occupancy (i.e., kitchen and bath facilities) must be
removed. As an alternative to the removal of these facilities, the
occupant of the principal residential unit must submit plans that
show that there is unhindered internal access to the entire dwelling
as a condition of the continuation of the certificate of occupancy.
The Planning Board may approve a special use
permit for a rooming house in an R-2 Residential District, provided
that the following standards and provisions are maintained:
A.
No rooming house shall provide shelter for more than
two tenants who are not members of the household unit.
B.
Off-street parking shall be provided as follows: at
least two spaces for the family or household unit residing on the
premises, plus not less than one additional space for each roomer.
C.
One sign up to four square feet in area may be permitted
on the premises. If freestanding, such sign shall not exceed four
feet in height. Such sign may not be illuminated, except indirectly.
D.
The Planning Board shall specify the minimum amount
and location of 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 motor vehicle service stations, filling stations and auto
repair shops in the G-B General Business and L-I Light Industrial
Districts, provided that the following standards and conditions are
maintained:
A.
In addition to the information required in the special permit application and enumerated in § 200-14 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 the number and location of fuel pumps to be installed.
B.
Site plans for such uses, including the location of
tanks and fire suppression equipment, shall comply with the requirements
of the Uniform Code.
C.
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
have a minimum height of six feet above the ground. If said shrubbery
becomes decayed and fails to provide an adequate screen, the Zoning
Officer shall direct the property owner to replace said shrubs.
D.
The entire area of the site traveled by motor vehicles
shall be hard-surfaced and of asphalt or concrete construction.
E.
All repairs 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.
F.
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.
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 30 feet
of any street line.
I.
No motor vehicle service station or auto repair shop
may display more than two unregistered vehicles for sale outside of
an enclosed building at any one time.
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 one-third
(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 corner lot 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 any residential district or of any school,
church, park, playground, hospital, public library, institution for
dependent children or any place of public assembly designed for the
simultaneous use of 100 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 car wash establishments, including both coin-operated vehicle
washers and automatic vehicle washers, in the G-B General Business
and L-I Light Industrial Districts, provided that the following standards
and provisions are maintained:
A.
Coin-operated vehicle washers. These washers are intended
to be those where 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.
(8)
The proposed hours of operation shall be approved
by the Planning Board.
B.
Automatic vehicle washers. These vehicle washers are
intended to be those where the vehicle is either slowly driven through
or pulled through by an automatic chain mechanism. This vehicle washer
is one 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 and shall be separated from
a residential district by at least two other nonresidential uses.
(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 a planned business center in the G-B General Business District,
provided that the following standards and provisions are maintained:
A.
The Planning Board shall determine that the physical
character of the site proposed for planned business use is adequate
to accommodate the proposed use.
B.
The site shall be served by public water and sanitary
sewer services.
C.
The Planning Board shall determine that the street
system serving the site is adequate to carry the anticipated traffic
flows and that the proposal will not create a burden or nuisance for
adjoining property owners.
D.
The Planning Board shall determine that the plans
for storm drainage are capable of serving the planned business area.
E.
Proposed planned business centers shall be located
on a site of not less than four acres with not less than 300 feet
of frontage on each highway which fronts the site.
F.
Planned business centers shall be constructed in accordance
with an overall plan for the entire area and shall be designed with
a single architectural scheme with appropriate common off-street parking,
service-road access and landscaping. The development shall provide
initially for the construction of either a minimum of 8,000 square
feet of ground floor area or a minimum of four of the permitted uses.
G.
The number, location and width of entranceways to
provide access to such planned development centers shall be determined
on an individual case basis by the Planning Board.
H.
Uses permitted are shopping centers, stores and shops
where retail goods are sold or personal services rendered which are
similar but not limited to the following:
(1)
Retail business establishments such as grocery stores,
drugstores, stationery, furniture, home furnishings, appliances, variety
and clothing stores and restaurants.
(2)
Personal service establishments such as barber- and
beauty shops, shoe repair shops, business and professional offices,
self-service laundries and dry-cleaning stores.
I.
Off-street parking shall be provided at a ratio of
not less than one parking space per 150 square feet of floor area.
Private garage space for the storage of commercial vehicles used in
conjunction with a permitted business use shall also be permitted.
J.
Truck loading and unloading areas shall be provided
in sufficient amount to permit the transfer of goods and materials
on the premises rather than on a public street or customer off-street
parking area on the premises. A dense landscaping screen of not less
than six feet in height shall be required where off-street loading
and unloading areas abut residential uses, so that such operations
shall be shielded from view from such residences.
K.
The regulations of Article XII shall govern the location, size, number and characteristics of signs in a planned business center.
L.
The Planning Board may prescribe more restrictive
conditions deemed reasonable or appropriate with respect to improving
the design quality of a planned business center.
M.
A letter of credit shall be established and provided
prior to final approval of the planned business center to assure that
all parking, entrances, exits, facilities and services are installed
as required and proposed.
N.
Where a planned business center abuts a residential
use or district, there shall be a landscaped buffer strip not less
than 30 feet in depth at the periphery of the planned business center.
This landscaped buffer shall be provided within the minimum setback
requirements. The buffer strip shall include materials and be perpetually
maintained by the developer or owner to provide a visual screen between
the planned business center and the adjoining residential lot(s) and
shall be used for no other purpose.
O.
Lighting within the center shall be provided in a
manner so as to minimize potential disturbance to adjacent properties.
The Planning Board may approve a special use
permit for a windmill or wind generator in any district except the
C-B Central Business District, provided that the following standards
and provisions are maintained:
A.
In addition to the application requirements specified for site development permits in § 200-14, the site plan proposals for a windmill or wind generator shall also show:
(1)
Location of tower on-site and tower height, including
blades, rotor diameter and ground clearance.
(2)
All utility lines both above and below ground within
a radius equal to the proposed tower height, including blades.
(3)
Dimensional representation of the various structural
components of the tower construction, including the base and footings.
(4)
Design data indicating the basis of design, including
manufacturer's dimensional drawings, installation and operation instructions.
(5)
Certification by a registered professional engineer
or manufacturer's certification that the tower design is sufficient
to withstand wind load requirements for structures.
B.
No windmill, including blades, shall extend more than
75 feet above the average ground level measured at the base of the
tower.
C.
No more than one windmill or tower shall be permitted
as an accessory use to any property.
D.
No windmill shall be erected in any location where
its overall height, including blades, is greater than the distance
from its base to any property line.
E.
Access to the tower shall be limited either by means
of a fence six feet high around the tower base with a locking portal
or by limiting tower climbing apparatus to no lower than 12 feet from
the ground.
F.
No windmill shall be installed in any location along
the major axis of an existing microwave communications link where
the operation of the windmill is likely to produce an unacceptable
level of electromagnetic interference, unless the applicant provides
sufficient evidence satisfactory to the Planning Board indicating
the degree of expected interference and the possible effect on the
microwave communications link.
G.
Windmills shall be located or installed in compliance
with the guidelines of the Federal Aviation Regulations with regard
to airport approach zones (15.503) and clearance around VOR and DVOR
stations.
H.
All sites proposed for windmills shall have sufficient
access to unimpeded air flow for adequate operation. The Siting Handbook
for Small Wind Energy Conversion Systems, PNL-2521, or other nationally
recognized reference should be used as a guide in siting the location
or towers.
I.
No windmill shall be installed in a location where
the impact on the neighborhood character is determined by the Planning
Board to be detrimental to the general neighborhood character.
J.
If the windmill is to be interconnected to an electric
utility distribution system, the applicant shall provide evidence
of approval of the proposed interconnect by the local power company.
K.
Towers shall be located in either a rear or side yard.
Applicants seeking a side yard siting shall demonstrate that such
a location is essential to the viability of the proposed investment.
L.
Guy wires and anchors for towers shall not be located
closer than 10 feet to any property line.
M.
All windmills shall be designed with an automatic
brake to prevent over-speeding and excessive pressure on the tower
structure.
N.
The minimum distance between the ground and any protruding
blades shall not be less than 10 feet as measured at the lowest point
of the arc of the blades.
[Amended 8-26-1996 by L.L. No. 3-1996]
The Planning Board may approve a special use
permit for a produce market in the G-H Genesee Historic, C-B Central
Business and G-B General Business Districts, provided that the following
standards and provisions are maintained:
A.
Minimum lot size, frontage and setback requirements
shall conform to the specifications set forth in Schedule I of this
chapter.[1]
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
B.
Items offered for sale shall principally be agricultural
products grown or raised on area farms.
C.
The Planning Board shall determine that the character
of the site is appropriate for such use and that plans for water supply,
sewage disposal and storm drainage are capable of serving the proposed
use.
D.
The Planning Board shall determine that the street
system serving the site is adequate to carry the anticipated traffic
flows and that the proposal will not create a burden or nuisance for
adjoining property owners. The Planning Board shall specify the location,
number and width of driveways deemed appropriate to serve the proposed
use.
E.
The Planning Board shall determine that areas designated
for off-street parking and for the loading and unloading of goods
are adequate to accommodate the level of activity anticipated with
the proposed use.
F.
No site preparation or construction shall commence
until final site plan approval has been granted and permits issued
by all governmental agencies involved.
G.
The Planning Board shall review and approve the amount
and location of landscaping and buffer screening to be provided.
I.
The Planning Board in approving such uses may impose
other controls and operating requirements which, in its opinion, are
necessary to protect public health, safety and welfare.
[Amended 1-26-2000 by L.L. No. 4-2000]
The Planning Board may approve a special use
permit for a funeral parlor in the G-H Genesee Historic District,
provided that the following standards and provisions are maintained:
A.
The Planning board shall determine that the street
on which the funeral parlor is proposed is capable of carrying the
volume of traffic likely to be generated by the proposed use.
B.
The number of off-street parking spaces shall be provided
as set forth in Schedule II of this chapter.[1]
[1]
Editor's Note: Schedule II is included as an attachment to this chapter.
C.
In addition to the off-street parking standards referenced
above, each mortuary or funeral parlor site shall have a separate
area for employee parking.
D.
Each off-street parking area shall also be designed
so as to accommodate the assembly of vehicles to be used in a funeral
procession. This assembly area shall be provided in addition to the
required space for off-street parking. Each assembly area shall contain
a minimum of 1,200 square feet.
E.
The Planning Board shall specify the requirements
to ensure that all off-street parking area(s) shall be adequately
screened from any adjacent residential district.
F.
A caretaker's residence may be provided within the
main building of the funeral parlor.
G.
Loading and unloading areas used by ambulances, hearses
or other such service vehicles shall be adequately screened from adjacent
residential uses.
H.
No building associated with a funeral parlor shall
be located closer than 30 feet to any public street or residential
district.
