[Amended 10-10-2007 by Ord. No. 2-2007]
A.
Intent.
(1)
The zoning districts, including subdistricts, established by this
chapter reflect varying land use determinations considered to be appropriate
for each area in accordance with the Town Plan and the Adirondack
Park Plan. Based on such determinations in each district, certain
uses are designated as standard uses, which are permitted in all locations
in the district, subject to compliance with basic district standards.
(2)
Certain other uses are designated as conditional uses because such
uses have or may have special characteristics and impacts on surrounding
uses in and adjoining the district. Such uses may not be appropriate
in all locations in the district. It has been determined that such
uses require special control and consideration to determine whether
the specific use in a specific location may be permitted or to require
that the use be modified to avoid or mitigate any inappropriate and
adverse impacts.
(3)
Such control of conditional uses is considered to be particularly
important in the Town's Commercial Business (CB) Districts primarily
concentrated in a corridor along New York State Route 28 in the Thendara,
Old Forge and Eagle Bay hamlets of the Town. While recognizing that
the various uses identified as conditional uses within the CB District
may be desirable and necessary within the Town, it is also recognized
that such uses in certain locations may be inconsistent with and detrimental
to the pattern, scale and character of not only the established commercial
activity areas of the hamlets but the major concentrations of the
Town's residential uses within and adjoining the CB Districts, as
well as natural, historic, visual and other resources of the Town
and Adirondack Park.
(4)
The Planning Board is hereby authorized to approve and permit the
establishment of certain uses identified as conditional uses within
each zoning district, upon a determination by the Board that any such
use is in compliance with criteria and standards for the use, in addition
to all other requirements of this chapter applicable to the use. As
part of such action, the Board is also authorized to approve, approve
with modifications or disapprove the site plan for a conditional use,
including all elements of the arrangement, layout, design and density
of the use on the land.
B.
Conditional use procedures. All conditional uses require Planning
Board approval and authorization. On application, the Board may authorize
the enforcement officer to issue a permit for a conditional use in
accordance with the following procedure:
(1)
The enforcement officer shall determine the completeness of any conditional
use application, including site plan and other required submissions,
and shall notify the applicant within 10 days of the date of submission
if such application is incomplete or otherwise deficient in any way
and shall further specify the deficiencies required to be completed
or corrected in order to submit the application to the Planning Board.
(2)
At such time as this chapter is accepted as part of an approved Town
of Webb local land use program by the Adirondack Park Agency, all
applications for a conditional use which are Class A and Class B regional
projects will be referred to the Adirondack Park Agency as required
and otherwise reviewed by the Town in accordance with the procedures
required in this chapter.
(3)
The Planning Board shall conduct a public hearing within 45 days following the date of receipt of a complete application from the enforcement officer, shall review and consider the conditional use under all criteria and standards identified in Subsections D, E and F below, and shall determine and render its decision within 45 days following the date of the hearing. These respective time frames may be extended where a site plan or related application information must be modified by the applicant prior to or following the public hearing and may otherwise be extended by mutual consent of the applicant and the Board.
(4)
Notification of the Planning Board's decision to authorize or deny
the permit will be given in writing to the enforcement officer and
to the applicant, and a copy will be filed with the Town Clerk within
five days of the date of the Board's decision.
C.
Required submissions for site plan review. The nature and content
of an application for a conditional use shall be as follows:
(1)
Where the proposed use involves only the interior conversion or renovation
of an existing structure or the addition or alteration of an accessory
building, the Board shall require, as a minimum, the following items
of information:
(a)
Application with name and address of property owner and applicant,
existing district and description of type and extent of proposed use.
(b)
Sketch site plan as set forth in Appendix B[1] of this chapter, showing lot size, placement of principal
and accessory buildings and relationship to adjoining parcels and
buildings thereon, location of required parking and any other alterations
to the site.
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
(2)
Where the proposed use involves a new or additional principal building
or other structure or exterior structural renovation of such principal
structure, or any significant change in the type or limits of use
or development of the lot, the Board may require selected applicable
information set forth under Item IIA, Site Plan(s), in Appendix B.
(3)
In any instance where the size, location, nature or complexity of
the proposed use is such that detailed plans and related information
are necessary for a complete understanding of the application, the
applicant shall be notified that all information set forth under Item
IIA, Site Plan(s), in Appendix B shall be required, as well as any
supplemental information specified by the Board.
(4)
Site plan review shall be an integral part of the Board's review and decision as to whether to approve and permit a conditional use. A conditional use shall not be approved and permitted until a site plan has been approved without modification. The Board shall review and evaluate a site plan with related drawings and information in terms of the compliance and adequacy of the site plan with all criteria and standards identified in Subsections D, E and F below. The Board may require that a site plan be modified to avoid or mitigate any conditions or impacts identified by the Board which do not reasonably comply with such criteria and standards.
D.
Review criteria and standards for all conditional uses.
(1)
Review criteria and standards for all conditional uses shall be as
follows:
(a)
Impact upon surrounding properties. Land use and development
shall be planned and undertaken so as to minimize impact upon adjoining
and nearby land uses, especially residential uses, and shall not adversely
affect the existing character of the surrounding properties. The proposed
use shall not create a significant adverse impact upon nearby properties
by reason of traffic, noise, fumes, odors, vibration, flashing lights,
litter, surface water or groundwater contamination, air pollution,
drainage, visual impact, excessive nighttime lighting, creation of
a safety hazard, risk of fire or explosion, or any other cause. The
location, nature and height of buildings, walls and fences shall not
discourage the appropriate development and use of adjacent land and
buildings, nor significantly impair their value.
(b)
Size, scale and architecture. The size, scale and architecture and visual character of the use have incorporated reasonable efforts to be consistent and harmonious with the general size, scale and character of surrounding uses, and in the case of the CB District, with the size, scale and character of uses within the CB Subdistrict in which it is located in accordance with Subsection E.
(c)
Vehicular access. Proposed vehicular access points shall be
adequate in width, grade, alignment and visibility; not located too
near road intersections or places of public assembly; and meet similar
safety considerations.
(d)
Emergency vehicle access. All proposed buildings, structures,
equipment and materials shall be readily accessible for fire and police
protection.
(e)
Landscaping plan. At its discretion, the Planning Board may
require for its approval the submission of a landscaping plan prepared
by a professional architect, engineer, landscaper, or planner. The
plan shall show the location, type and size of species to be planted
or to be retained on the property.
(g)
Noise mitigation. Potential noise impacts shall be mitigated
by requiring noise producers to be located indoors, establishing hours
of operation, construction of noise barriers (not to include vegetation
which is an ineffective noise barrier), and/or prohibiting activities
that would produce unacceptable noise levels.
(h)
Drainage and erosion control. Adequate provision shall be made
for drainage of the site and to insure that stormwater runoff does
not create an adverse impact upon nearby lands or waterways. Appropriate
erosion control measures shall be taken to prevent the pollution of
waterways by silt and sediment. All New York State Department of Environmental
Conservation rules and regulations pertaining to erosion and runoff
control shall be complied with.
(i)
Water quality protection. Adequate provision shall be made to
insure that any leak, spill or other discharge of petroleum-based
products or other chemical potentially harmful to surface water or
groundwater supplies is contained and is prevented from being introduced
into such waters. Potentially harmful materials may be required to
be stored on an impervious pavement and enclosed by an impervious
dike high enough to contain the volume of liquid kept in the storage
area.
(j)
Lighting. Exterior lighting shall be directed down and away
from adjoining residential properties and public roads and shall not
constitute a traffic hazard. Lighting shall be shielded from shining
into the nighttime sky so as to prevent light pollution. High-intensity
lighting shall be minimized.
(k)
Impact upon historic resources. Adverse impacts to the integrity
of neighboring properties of local, state or national historic significance
shall be minimized. To the extent practicable, a proposed use or development
shall be designed to harmoniously blend with the historic resource
by means of utilizing green space buffers, vegetative or other screening,
landscaping, and the use of appropriate building designs, color schemes,
and building materials.
(l)
Water supply. Adequate provision shall be made for water supply.
(m)
Sewage disposal. On-site disposal systems shall comply with
all applicable state and local regulations.
(n)
Traffic impacts. The location of entrance and access driveways
and the traffic volumes and patterns currently being experienced on
access streets shall be particularly reviewed in relation to anticipated
additional peak-hour traffic expected to be generated. Any significant
adverse impacts expected from such traffic, the adequacy of off-street
parking, and provisions for screening and buffering any visual, noise
or other impacts on surrounding residential districts and uses shall
be considered by the Planning Board in determining appropriateness
of the use.
(o)
Adirondack Park development considerations. The use shall not have an undue adverse impact on any of the resources of the Town or Adirondack Park identified under § 480-43C(1), Development considerations.
(2)
The Planning Board shall review and consider the appropriateness and compliance of the use and the site plan for the use under each of the above criteria and standards, as well as the criteria and standards identified in the following Subsections E and F. If the Board determines that the use and the site plan appear to comply with all criteria and standards, the Board shall approve and permit establishment of the use in the location indicated.
(3)
If the Board determines that the use and the site plan do not comply
with one or more of the criteria and standards and poses potential
adverse impacts under such criteria and standards, the Board shall
consult with the applicant to explore any modifications in the use
and site plan which may avoid or mitigate such adverse impacts. The
Board shall consider any proposed modifications made by the applicant.
(4)
If any adverse impacts on surrounding uses in the district and adjoining
districts appear to be significant and unavoidable, despite mitigation
efforts, the Board may determine that the conditional use shall not
be approved and permitted.
(5)
In its deliberations in the case of all conditional uses, the Board
shall consider and weigh the potential desirability and positive benefits
of the use in the district and Town against any identified adverse
impacts in the location indicated, taking into account all purposes
and objectives of this chapter.
E.
Architectural/visual character review in CB Districts.
(1)
It is not the intent of this chapter to dictate or restrict the types,
scales, designs, or materials of buildings and site structures, or
the locations and arrangements of such elements on the land, except
for those restrictions and standards identified in Attachment 1[2] and other sections of this chapter.
[2]
Editor's Note: Attachment 1 is included as an attachment to this chapter.
(2)
However, it is found that the historic architectural and visual character,
attractiveness and general image of the Town in its natural setting
within the Adirondack Park are important and valuable public assets
which promote and support the health and general welfare of the Town
and its residents and businesses. This is particularly true within
the CB District hamlet corridors along New York State Route 28 which
are prominent residential, commercial, public and institutional centers
of community and visitor activity in the Town.
(3)
It is also found that any extremely dissimilar, unusual, or inharmonious
and otherwise discordant exterior design treatment and appearance
of new or altered buildings adversely affects the desirability and
appeal of surrounding hamlet areas for residential, business and other
use and, by so doing, reduces the benefits of existing occupancy and
the stability and value of both improved and unimproved real property
in such areas, prevents the most appropriate development of such areas,
reduces the attractiveness and value of property with attendant deterioration
of physical conditions, and imbalances a proper relationship between
the taxable value of real property and the feasibility and cost of
municipal services which must be provided, all impairing the health
and general welfare of the Town and the Adirondack Park.
(4)
In order to prevent these and other harmful effects caused by the
introduction of such building design in connection with conditional
uses in any CB District, the Planning Board shall also consider the
architectural and visual design and character of such uses as part
of its determination of the appropriateness of the use in the location
identified, as follows:
(a)
The Board shall review and evaluate the conditional use in terms
of reasonable compatibility, consistency and harmony of the placement,
size, scale, proportions, nature and quality of materials, colors
and related architectural and site design characteristics of proposed
new or altered buildings and lots with the same dominant and traditional/historical
building and site design characteristics of surrounding existing buildings
and lots within the CB District, and particularly the CB Subdistrict
in which the use is located.
(b)
Building design in keeping with Adirondack character shall be
preferred. Such character shall be determined by the Planning Board,
who shall consider traditional building designs, color schemes and
building materials found in the Adirondack region to be in keeping
with such character. In general, clapboard siding, log construction,
or wood siding combined with earth-tone color schemes shall be preferred.
(c)
The intent shall be to encourage continued use, preservation
and restoration of existing buildings and the design of such buildings,
altered buildings and new buildings and all related site development
in a manner which respects and is consistent and harmonious with the
scale and character of surrounding buildings, as well as the hamlet
setting and natural resource features.
(d)
Where an existing residence may be converted to commercial use,
in its entirety or as a home occupation, reasonable effort should
be made to maintain the basic residential character and appearance
of the building.
(e)
The intent shall also be to discourage and avoid any proposed
design which appears to substantially disregard the character of surrounding
buildings and the historic hamlet setting, which may differ severely
in scale and proportions from surrounding buildings, or which uses
exterior materials and colors which are neither harmonious with surrounding
buildings nor typical of a reasonable range of materials and colors
normally employed and available for such construction, and which,
if constructed as proposed, would be so out of character and detrimental
to the desirability, stability, value, and benefit of surrounding
building and lot areas as to produce any of the harmful effects found
above and reasonably impair the health and general welfare of the
community.
(f)
The Board shall also consider the extent of proposed tree clearing
and other disturbance and removal of natural conditions and features
on the lot, particularly where such conditions and features are visually
prominent along New York State Route 28 or waterways within or visible
from the CB District, or at public places, major street intersections,
or other key locations within the CB District.
(5)
The Planning Board is authorized to discuss and negotiate possible
building and lot design modifications with the applicant, with a view
toward modifying and mitigating the building and lot design elements
or other proposals which the Board finds to be harmful under the above
architectural/visual character criteria and standards. The Board may
determine that it should not approve and authorize a conditional use
which appears to clearly disregard and resist the need for some reasonable
consistency and compatibility with the traditional/historical characteristics
of surrounding areas.
F.
Other uses having the same character as a conditional use:
(1)
This is included to provide some flexibility for the Planning Board,
at its discretion, to define and consider any unexpected or unknown
use identified in an application as being similar to a permitted conditional
use, particularly where such use has only minor distinctions from
a conditional use not apparent in the definition of the use, or where
a use is identical to a conditional use but has come to be described
by a different name. The Board may find that such a use is of the
same general character, and if such finding is made, the use shall
be designated and reviewed as a conditional use under all criteria
and standards applicable to the similar conditional use.
(2)
In this event, the Board may also establish any additional review
criteria and standards for consideration of such use on the lot on
which the use is to be located.
G.
Additional conditional use requirements.
(1)
If the Planning Board determines that any proposed change or modification
to an existing conditional use is substantial, the Board shall hold
a public hearing as if for a new conditional use. A change or modification
shall be deemed substantial if the proposal significantly changes
the use, design, character or potential impacts of the existing use.
(2)
The Planning Board may impose conditions on a conditional use in
its approval and authorization of a permit, which conditions, in the
Board's opinion, are reasonable and necessary to promote the safety,
health and general welfare of the community. By way of illustration
and not limitation, such a condition could restrict the hours of operation
of a conditional use.
(3)
All conditional uses are considered to have special characteristics
which may not be appropriate in all locations in a district. Each
conditional use in each location in which it may be proposed shall
be considered an individual case limited to its own facts and circumstances.
Approval and authorization for establishment of a conditional use
in one location in a district shall not entitle or imply that the
same use or a similar use would be capable of satisfying the criteria
and standards for the use in any other location in the same district
or in any other district.
