The use, area and bulk regulations appear in Schedule 1 at the
end of this chapter. This schedule is supplemented, as appropriate,
by other provisions of this chapter.
A.
Only those uses specifically identified as permitted principal uses, permitted accessory uses, or permitted site plan review uses shall be permissible in their respective land use districts. All other uses are expressly prohibited unless granted a variance by the Zoning Board of Appeals pursuant to Article VIII.
B.
No building, structure, or land shall hereafter be used or occupied
and no building or structure or part thereof shall hereafter be erected,
moved, altered, demolished, reconstructed or enlarged except in conformance
with the regulations herein specified for the district in which it
is located.
C.
No part of a yard or other open space required in connection with
any building or use shall be included as part of a yard or other open
space similarly required for another building or use.
D.
No yard or lot existing at the time of the passage of this chapter
shall be reduced in size or area below the minimum requirements set
forth herein. Yards or lots created after the effective date of this
chapter shall meet the minimum requirements set forth herein.
E.
Nothing contained herein shall prohibit the use of a lot of record
in legal existence as of the date of enactment of this chapter even
if such lot or lots do not meet the minimum area and bulk requirements.
Further, nothing contained herein shall prohibit the use of an undeveloped
lot in a subdivision which is in legal existence as of the date of
enactment of this chapter.
Before the construction, relocation, or alteration of any building
as to the outside dimensions, a building permit shall be obtained.
No site preparation for any building shall begin unless and until
a building permit has been issued.
[Added 5-16-2007 by L.L. No. 2-2007]
A.
Purpose.
(1)
The intent of this section is to set forth requirements which shall
apply to certain land uses and activities which, due to their characteristics,
or the special characteristics of the area in which they are to be
located, require special consideration so that they may be properly
located and planned with respect to the objectives of this chapter,
their effect on the surrounding properties and community character.
The primary purpose of special use permit review is to ensure compatibility
with the surrounding neighborhood and to ensure the long-term benefit
of the use to the Village.
(2)
While recognizing that certain types of uses may be desirable or
necessary in the Village, their nature can cause certain problems
or difficulties. Consequently, particular uses are controlled by a
special use permit procedure which requires additional regulations
designed for each use in order to mitigate such problems or difficulties
and to minimize the impact of these upon the zoning district in which
such use is located.
B.
Delegation to the Corinth Village Board.
[Amended 8-15-2007 by L.L. No. 4-2007]
(1)
The Village Board of Corinth (the "Village Board" or the "Board") is hereby authorized to administer and carry out the intent established in this section. The Village Board shall conduct special use permit review in accordance with the procedures of this section for any use identified as requiring such review in § 500-20.
(2)
Site plan review in accordance with the requirements and procedures of § 500-21, Site plan review, is required for all uses that receive a special use permit. Such review may occur concurrent with or prior to special use permit review, at the applicant's discretion. Regardless of whether the reviews occur separately or at the same meeting, separate applications and application fees are required for each review.[1]
C.
Special permit uses established. Special permit uses are established
in Schedule 1, Use, Area and Bulk Regulations. All industrial and
manufacturing uses shall be subject to the requirements of this section.[2]
D.
Application procedure.
[Amended 8-15-2007 by L.L. No. 4-2007]
(1)
Any use(s) in an Industrial District for which an application has been submitted prior to May 17, 2007, shall not be considered or evaluated under this section unless that application involves the burning and/or processing of solid waste, commercial waste, agricultural waste, industrial waste, C&D debris and/or municipal solid waste as those terms are defined in Article XI. Further, if such application is approved and/or permitted by the applicable Village bodies, entities, and/or departments (even if such approval occurs after the effective date of this section), the use(s) shall be deemed to have a special permit, and the use(s) shall not be rendered nonconforming. Any subsequent enlargement, expansion, and/or modification of a building or structure containing such a use(s), so long as there is no change of use(s), shall require only site plan approval from the Village Planning Board, not a special permit.
(2)
Upon receipt of an application for a special use permit, the Village
Board shall require the initiation of an environmental review pursuant
to the applicable provisions of SEQRA, 6 NYCRR 617.
(3)
The Village Board shall determine what items from the site plan submittal requirements in § 500-21, Site plan review, shall be submitted for the special use permit application. The Board may empower the Code Enforcement Officer to make a preliminary determination of submittal requirements in order to place the matter on the Board's agenda.[3]
(4)
The official time of submission of the special use permit application
shall be considered to be the date of the first meeting of the Board
for which the application is scheduled for discussion.
(5)
The Code Enforcement Officer shall notify and furnish the Saratoga
County Planning Board, in accordance with General Municipal Law §§ 239-l
and 239-m, with such pertinent information as the Saratoga County
Planning Board may deem necessary for review and comment for those
applications pertaining to areas within 500 feet of the Village boundary
or a proposed or existing state or county park or recreation area,
right-of-way, parkway, throughway, road or highway, stream drainage
channel or easement, public building or institution. Such notification
will be given at least 10 days before the public hearing for said
project. When the application is for a special use permit on property
that is within 500 feet of an adjacent municipality, notice shall
be given in accordance with § 239-nn of the General Municipal
Law to the clerk of the adjacent municipality at least 10 days prior
to the public hearing.[4]
(6)
The Village Board shall fix a time, within 62 days from the day an
application for special use permit approval is made, for the hearing
of any matter referred under this section. The Village Board shall
give public notice thereof by the publication in the official newspaper
of such hearing at least five days prior to the date thereof.[5]
(7)
The Village Board shall decide on the application within 62 days
after such a hearing; however, the time within which the Village Board
must render its decision may be extended by mutual consent of the
applicant and the Village Board.[6]
(8)
The decision of the Village Board shall be filed within five business
days in the office of the Village Clerk-Treasurer and a copy thereof
mailed to the applicant. The decision shall contain such findings
of fact as are required. The Village Board, in conjunction with its
approval of any special use permit, may impose such requirements and
conditions as are allowable within the proper exercise of the police
power, including limitations on the hours of use, the intensity of
the use, the number of employees or vehicles, the number of structures,
the use of structures and land, and any other condition it deems necessary
to further the interest of this chapter. In addition, the Village
Board may require that the Code Enforcement Officer incorporate any
such requirements and conditions in any permit issued with regard
to such special use permit project.[7]
E.
Review criteria and standards. Before granting approval to any special
use, the Village Board shall consider the positive and negative impact
of the use on the following characteristics:
(1)
The extent to which the use is in harmony with and promotes the general
purposes and intent of the Comprehensive Master Plan and this chapter
and its effect on the health, welfare and safety of the Village and
its residents.
(2)
The overall compatibility of the use with the neighborhood and the
positive and negative impacts on community character, including the
character of adjoining properties, districts and uses, and the positive
and negative impacts on density, including the density of adjoining
properties, districts and uses.
(3)
The positive and negative impacts of the use on vehicular congestion
and parking, including the provision of adequate parking and the absence
of hazardous parking or traffic conditions, including ingress and
egress.
(4)
The positive and negative impacts on infrastructure and services,
including utilities, public facilities and services, including the
extent to which the project extends or provides infrastructure and
services to areas in need of such infrastructure and services.
(5)
The positive and negative impacts on environmental and natural resources,
including the environmental and physical suitability of the site for
development, the risk of fire, flood or erosion and impacts such as
emissions of electrical charges, dust, light, vibration or noise detrimental
to the public health, safety and welfare.
(6)
The extent to which the use provides positive or negative effects
on the long-term economic stability and community character of the
Village and surrounding properties, districts and uses.
(7)
Whether the use shall be in such location and of such size and character
that it will be in harmony with the appropriate and orderly development
of the district in which it is situated and will not be detrimental
to the orderly development of adjacent districts or properties.
(8)
Whether it is appropriately located with respect to fire and police
protection and appropriate water supply and waste disposal facilities.
(9)
Whether the location and size of the use, the nature and intensity
of the operation involved in or conducted in connection therewith,
its size layout and its relation to streets giving access to it shall
be such that traffic to and from the use and the assembly of persons
in connection with it will not be hazardous or inconvenient to the
neighborhood or conflict with the normal traffic of the neighborhood.
In applying this standard, the Board shall consider, among other things,
appropriate off-street parking, convenient routes of pedestrian traffic,
particularly of children, and the relation to main traffic, to thoroughfares
and to street and road intersections and the general character and
intensity of development in the neighborhood.
(10)
Whether the location and height of buildings, the location,
nature and height of walls and fences and the nature and extent of
landscaping on the site shall be such that the use will not hinder
or discourage the proper development and use of adjacent land and
buildings or impair the value thereof.
(11)
Whether all governmental agencies having jurisdiction have given
necessary approval.
(12)
Whether there has been fulfillment of any other conditions or
standards specified in this chapter.
F.
Permit terms.
(1)
The Village Board, as a condition of granting any special permit,
may specify its term of validity. There are three types of permits
which may be granted by the Village Board, described as follows:
(a)
Permanent: permits a specific use to continue indefinitely until
the specific use ceases for any reason for a period of 12 consecutive
months.
(b)
Temporary: permits a specific use to continue until a specific
date, at which time the special use permit shall automatically terminate
and the use shall be permanently discontinued. This type shall not
be extendable.
(c)
Renewable: permits a specific use to continue until a specific
date, unless renewed or extended by the Village Board for an additional
period of time. If not extended, the use shall be permanently discontinued.
It is the responsibility of the applicant and not the Village of Corinth,
nor any board, officer, or employee thereof, to initiate the request
for the renewal or extension prior to the expiration of the original
term of such renewable special use permit. If not extended or renewed
prior to the date set for expiration, the right to continue such special
use shall terminate on such expiration date, subject to the right
of the applicant to seek an extension or renewal. Applications for
permit extensions or renewals shall follow the same process as for
new permits.
(2)
Any applicant who receives a temporary or renewable special use permit
and who decides to proceed with the special use does so realizing
that the temporary special use permit has a fixed duration and that
all rights to continue that use terminate upon the expiration of the
specified time and that the renewable special use permit may not be
extended beyond its original term without approval pursuant to this
section. The applicant, in accepting a temporary or renewable special
use permit, acknowledges and agrees that such special use permit confers
no rights or privileges other than those specifically contained therein.
G.
Fees.
[Amended 8-15-2007 by L.L. No. 4-2007]
(1)
There shall be a fee for a special use permit, as determined from
time to time by the Village Board of Trustees.
(2)
As a condition of approval of a special use permit, the Village Board
may require a performance bond or letter of credit to guarantee satisfactory
performance of the required improvements. Such performance bond or
letter of credit shall be part of or in addition to any required by
the Village Board as part of a site plan review application.
H.
Performance standards for special use permits.
(1)
Compliance and determination of nuisance elements.
(a)
All uses requiring the issuance of a special use permit in the
Village of Corinth shall comply with the performance standards as
described in this section.
(b)
The Code Enforcement Officer may require independent expert
evaluation to determine the compliance of a proposed use with the
performance standards at the expense of the applicant before issuing
a permit.
(2)
Prohibited nuisances. No use shall be established or operated in
a manner so as to create hazards, vibration, glare, air, water or
ground pollution, or other nuisance elements in excess of the limits
established under this section.
(3)
Fire and explosion hazards.
(a)
All activities involving the manufacturing, production, storage,
transfer, or disposal of inflammable and explosive materials shall
be provided with adequate safety devices against the hazard of fire
and explosion. In addition, on-site fire suppression equipment and
devices standard to the industry shall be installed.
(b)
The burning and/or processing of waste materials in open fires
is prohibited.
(4)
Lighting and glare.
(a)
No glare or sky-reflected glare, whether from floodlights or
from high-temperature processes (such as combustion or welding), shall
be permitted that may be visible at the property line and which causes
annoyance to a person of reasonable sensitivity.[9]
(b)
All lighting shall be designed so as to avoid unnecessary or
unsafe spillover of light and glare onto operators of motor vehicles,
pedestrians, and land uses in proximity to the light source. Light
sources shall comply with the following standards:
[1]
Globe lights shall have a maximum permitted height of 15 feet
and shall have a maximum illumination of 0.20 footcandle permitted
at the property line.
[2]
Pole lighting with greater than ninety-percent cutoff shields
and other light sources shall have a maximum permitted height of 25
feet and shall have a maximum illumination of 0.75 footcandle permitted
at the property line.
[3]
Any lighting used to illuminate any off-street parking shall
be so arranged as to reflect the light away from adjoining premises
and public rights-of-way.
(5)
Noise.
(a)
Noise shall be as measured with a sound-level meter using A-weighting
network. The unit is the dB(A).
(b)
Unnecessary, excessive and offensive noises from all sources
are prohibited. It shall be unlawful for any person to create any
noise which exceeds 65 dB(A) from 100 feet of the property line of
the noise source for more than 15 minutes in duration and more than
two times in one hour.
(c)
Exemptions. The following uses and activities shall be exempt
from noise level regulations:
[1]
Air-conditioning equipment when it is functioning in accord
with manufacturer's specifications and is in proper operating condition.
[2]
Lawn maintenance equipment when it is functioning in accord
with manufacturer's specifications and with all mufflers and noise-reducing
equipment in use and in proper operating condition.
[3]
Nonamplified noises resulting from the activities such as those
planned by school, governmental, or community groups.
[4]
Noises resulting from any authorized emergency vehicle or warning
device when responding to an emergency call or acting in time of emergency.
[5]
All noises coming from the normal operations of railroad trains.
[6]
Noises of church chimes.
(6)
Odor and air pollutants.
(a)
No odors may be emitted which are easily detectable and offensive
at the property line and which cause annoyance to a person of reasonable
sensitivity.
(b)
No emission of fly ash, dust, fumes, vapors, toxic gases or
other forms of air pollution shall be permitted which can cause any
damage to health, animals, vegetation, or other forms of property,
or which can cause any excessive soiling.
(7)
Radioactivity and electrical disturbance. No activity shall be permitted
which emits dangerous radioactivity or electrical disturbance adversely
affecting the operation of any equipment other than that of the creator
of such disturbance.
(8)
Vibration. No vibration shall be permitted which is detectable without
an instrument at the property line and which may cause annoyance to
a person of reasonable sensitivity.
I.
Expiration. Unless otherwise specified or extended by the Village
Board, decision on any request for a special use permit granted after
the effective date of this section shall expire if the applicant fails
to obtain the necessary building permit to begin actual construction
or to comply with the conditions of said authorization within one
year from the filing date of such decision thereof. Unless otherwise
specified or extended by the Village Board, all special use permits
granted prior to effective date of this section shall expire if the
applicant fails to obtain the necessary building permit and begin
actual construction or comply with the conditions of said authorization
within one year from the effective date of this section.[10]
J.
Revocation of permit. A use authorized by special permit may be revoked
by the Village Board if it is found and determined that there has
been a material failure of compliance with any one of the terms, conditions,
limitations or requirements imposed by said permit.
Unless otherwise specified, there shall be only one principal
use and building per lot except in the Commercial/Village Business,
Gateway Corridor and Secondary Gateway Corridor zones, with site plan
approval.
On a corner lot, each street frontage shall be deemed a front
street line, and the required yard along each such lot line shall
be a required front yard. The Code Enforcement Officer, in consultation
with the owner, shall decide which of the remaining yards shall be
the required side yard and the required rear yard.
All buildings shall not exceed 40 feet in height and/or three stories in all zoning districts. Buildings/structures over 40 feet in height are subject to Adirondack Park Agency regulations. See definition for "building height" in Article XI.
The ability to undertake a land use activity pursuant to this
chapter does not repeal or eliminate the jurisdiction of other local,
regional, state, or federal agencies. Those undertaking land use activities
are advised that approvals and/or permits may be required from said
agencies.
