[Amended 1-16-2011 by L.L. No. 1-2011; 8-11-2011 by L.L. No. 3-2011]
The Village Planning Board is hereby abolished. The powers and duties of the Village Planning Board shall be vested in the Village Board of Trustees, and the Village Board of Trustees shall have all of the powers, duties and functions prescribed by Article 7 of the Village Law of the State of New York and the Village Code. Any reference to the "Planning Board" in Article 7 of the Village Law and the Village Code shall mean the Village Board of Trustees. Any applications pending before the Planning Board on the effective date hereof and which shall have already received a Planning Board advisory opinion, recommendation or similar act, shall not be adversely affected as a result of the Village Board of Trustees reconsideration of such prior Planning Board determination. Any provision of the Village Code requiring the advisory opinion, recommendation or similar act of the Planning Board precedent to a determination by the Board of Trustees or Board of Zoning Appeals is hereby deleted in its entirety.
The Village Board shall have exclusive authority for the granting of special permits, zone changes and text amendments.
The functions of the Village Board of Trustees prescribed herein shall be in addition to any other review of land use activities otherwise required by this chapter or any other applicable statutes.
Where a special permit application also involves a request for variance, prior to a decision on such issuance from the Village Board of Trustees, a variance shall be obtained from the Zoning Board of Appeals. Conditions attached to such variance, if any, shall be deemed binding on the Board of Trustees.
[Amended 8-11-2011 by L.L. No. 3-2011]
The Village Board of Trustees shall make a final determination on all land use activities requiring a special permit. All special permit uses shall comply with the general regulations applicable within this chapter to the district within which such use is to be situated. In addition and as a prerequisite to the approval of any special permit use, the findings set forth in § 110-11A of this chapter shall be made. The Village Board of Trustees shall also make all final determinations with reference to applications for zone changes and text amendments.
[Amended 1-16-2011 by L.L. No. 1-2011]
The Board of Zoning Appeals shall have the authority to grant use and area variances, i.e., to vary, alter or modify the application of any of the regulations set forth in this chapter, except as otherwise provided for herein, in addition to rendering interpretations as provided for in §§ 110-26 and 110-40 of this chapter and authorizing certain land use activities pursuant to and subject to the provisions of Article 7 of the Village Law and shall have all of the powers, duties and functions set forth therein.
[Amended 1-16-2011 by L.L. No. 1-2011]
Purpose. The special permit approval process seeks to ensure that certain permitted uses are established in a manner that is appropriate and compatible to a site, neighborhood and zone district. There shall no longer be provisions for the application or issuance of an "administrative permit" and all references in Chapter 110 shall be deemed to refer to a special permit.
Authority. Individual special permits are assigned by the review and approval authority of the Village Board. Refer to each zone district or the supplemental regulations to determine the exact procedure for a specific land use activity or structure. As provided for under applicable provisions of New York State statutory and case law, the Village Board may also consider any other factors or concerns as it deems relevant to its review of a special permit proposal, and any such factors or concerns and any decisions based thereon are determined to be within the standards to be considered and the authority of the Village Board in relation to the grant of special permits, as if set out in detail in this § 110-11. Village Board review and approval of a special permit shall be in lieu of a site plan review and approval. As such, the special permit review and approval shall include consideration or waiver, where appropriate, of those elements required for site plan review and approval under the (New York State) Village Law and the Village Code and, in such capacity, the Village Board shall have the same authority as a planning board relative to site plan and subdivision approvals.
[Amended 8-11-2011 by L.L. No. 3-2011]
Designation of land uses and/or structures. A special permit is required for those uses or structures so designated as requiring one within a zone (zoning) district or other sections of this chapter. These uses or structures are hereby declared to possess characteristics of such unique and/or special form that each shall be considered as an individual case. Some uses or structures, specified in the specific standards of approval, shall be subject to the satisfaction of additional requirements and standards set forth in this section and to any other applicable requirements of this chapter.
Relationship to variances. When necessary, the simultaneous review of a special permit with a variance for the same proposed development may occur and shall be coordinated among the appropriate reviewing boards. The ZBA shall review and decide on an area variance from zoning dimensional requirements if such area variance consideration is necessary and required by applicable law prior to final decision on the issuance of a special permit from the Village Board. This, however, shall not be construed to limit the waiver authority of the Village Board (which in connection with the issuance of special permits has the site plan review authority of a planning board).
[Amended 8-11-2011 by L.L. No. 3-2011]
Procedure and application required. All special permit requests shall be subject to public hearing and the procedures established or authorized by this chapter or the New York State Village Law Article 7. All proposed special permits shall be submitted on forms required by the Village. A site plan for the proposed development of a site for a use or structure shall accompany an application for a special permit. This plan shall show the features of the site, the proposal and any pertinent information in such level of detail as required by the Village Board.
Appropriateness of special permit proposal. No special permit shall be granted by the Village Board unless it finds that the use or structure for which the special permit is sought will not, under conditions that the reviewing board considers to be necessary or desirable, be injurious to the neighborhood or otherwise detrimental to the public welfare.
Imposition of conditions. The Village Board may impose conditions when approving a special permit, which conditions shall be documented as required by the Village Board and appropriately filed in Village offices.
Limits on special permit approval.
A special permit shall be deemed to authorize only one use or structure, unless specifically otherwise authorized by the Village Board.
Special permit authorization shall expire or be voided if the proposal fails to be initiated by issuance of a building permit within 12 months of approval, subject to (up to) two additional twelve-month extension periods as granted by the Village Board.
Standards of approval. This section contains general standards applicable to all special permit uses and specialized standards applicable to certain specified uses in addition to the general standards. All applications for a special permit shall meet the following minimum standards of performance:
Special permit standards of review: general.
General codes compliance. The proposed use or structure shall comply with the applicable intent and regulations of this chapter, including the specific zone (zoning) district in which it is located, and to any other applicable Village, county, state or federal regulations.
Conformance to Village planning.
The proposed use or structure shall be so located and designed that it is compatible in size and character to existing patterns of development and land uses and/or is consistent with the long-term development objectives for the affected portions of the Village.
The proposed use or structure shall be appropriately located with respect to the existing pattern of streets and other facilities, including but not limited to water, sanitary lines and drainage systems, and will not adversely affect the functioning of these facilities nor impede any planned improvements.
Scale of development. The scale and design of the proposed use or structure shall be physically and visually compatible with the conditions of the site and surrounding properties and will be developed in a manner that ensures the provision of necessary public facilities, improvements and landscaping.
Vehicular and pedestrian circulation and parking. There shall be safe and efficient vehicular and pedestrian movement within the site, to neighboring properties and in relationship to any streets serving the site. Parking, including for tenants, guests, customers, clients and other invitees, shall be adequate relative to the type of use and nearby public, private on- and off-street facilities.
Public safety, services and utilities. The proposed use or structure shall be served with adequate water supply, wastewater disposal and drainage facilities in compliance with applicable local, state or federal requirements and shall include satisfactory provision for solid waste disposal, fire, police and emergency service protection, utilities and other services necessary to support the proposed use or structure.
Environmental resources. The proposed use or structure shall be located, designed and operated in a manner that avoids or minimizes disturbance of significant natural or cultural resources; is consistent with the site's soil capabilities to accommodate the use or structure; provides overland drainage systems and controls stormwater runoff in a manner conforming to area-wide drainage plans and Village planning objectives; and complies with applicable county, state or federal regulations for significant environmental resources.
The site shall be designed to include building materials, screening, landscaping treatments of structures, parking, drainage and storage areas that are consistent with existing development and any other standards or guidelines promulgated by the Village, and/or which minimize adverse visual effects on surrounding properties or public rights-of-way.
Lighting and signage shall be appropriate in size, color and placement for the site and the character of the surrounding area and shall have no adverse impact on surrounding properties.
Emissions. The detection of any noise, smoke, heat or odor shall be within limits established by this chapter or other applicable laws or regulations. Such emissions shall be minimized and directed away from surrounding properties. Mechanical devices or attachments associated with these emissions are to be installed and maintained in accordance with applicable health and safety codes and adequately screened from view.
Neighborhood character. Consideration shall be given to the proposed use or continuation thereof (if a nonconforming use) and the effect of same on the character of the neighborhood, including with respect to noise, number of occupants, tenants and the like, intensity and frequency of activities, compatibility with nearby properties and uses, effect(s) on condition and appearance of such properties and the likely effect(s) on nearby properties and their respective values.
Any other factors or criteria the Village Board may determine relevant in relation to a particular use, such uses generally, or to all uses subject to its special permit authority.
Special permit standards of review: specific.
Home occupation; intent. The following provisions specify and explain the conditions under which a home occupation, not otherwise permitted as of right, may be established and operated to allow residents to conduct certain incidental business activities within their homes while not altering the primary use or appearance of the property as a residential dwelling.
Limit on number. Except as specifically authorized by the reviewing board, there shall be only one home occupation allowed per dwelling unit.
Applicant. The owner of the property or authorized representative shall be the applicant in all cases.
Discontinuance. A home occupation discontinued for any reason for a period of six consecutive months may not be reestablished without reapplication in compliance with these regulations.
Transfer. A home occupation permit is issued to specific resident(s) of the dwelling unit and shall terminate upon the departure of such resident(s) and may not be transferred to new resident(s) without the express approval of the Village Board.
Preexisting. No home occupation existing on the date of enactment of this chapter may be modified or altered in any way except in compliance with this section.
Employees. There shall be no nonresident employees of a home occupation, with the following exception: one such nonresident employee shall be permitted or, solely in the discretion of the Village Board, such number as may be required for any profession that is mandated by state or federal professional licenses to require a specified number of on-premise attendants, assistants or similar employee aides.
Exterior display. To ensure that no exterior display or indication of the activity shall be visible to the general public, the following are prohibited, including, but not limited to:
Outdoor sales or display of items for sale.
Signs, except one identification sign measuring a maximum of two square feet and subject to any other sign standards in this chapter.
On-site parking of more than one commercial vehicle associated with the home occupation, unless housed entirely in an enclosed residential garage.
Any variation in the residential character of the property, such as construction of a separate entrance, other exterior structural alteration (such window and lighting modifications), or the addition of parking area beyond what is explicitly authorized by the Village Board.
Outdoor storage of any materials, goods, vehicles, machinery or similar materials associated distinctly or by volume with the home occupation.
Production by the home occupation activity of odor, noise, lighting or vibration distinctive to such occupation.
Location. A home occupation or parts of a home occupation activity may be located in the principal structure, accessory structures or combination of structures. No exterior area is to be used in conjunction with the activity, except for parking spaces as approved by the Village Board.
Maximum extent. The maximum allowable gross floor area of a home occupation shall be calculated based upon the total first floor area of the principal structure. Regardless of location, the home occupation shall not utilize more than 25% of the first floor area of the principal structure or a cumulative total of 500 square feet, whichever is less. All areas devoted to the use of the home occupation shall be shown on a floor plan submitted with the special permit application and specifically included in the approval resolution of the Village Board.
Sales. On-premises sale of merchandise is prohibited, except where clearly incidental, secondary and subordinate to the home occupation, limited in scope, and where there is no exterior evidence of items for sale. This shall not prevent on-premises sales or mail-order handling of materials stored and shipped from off site, provided same shall not cause a violation of those standards provided at § 110-11I(1) (General) and (2) (Special) hereof.
Delivery vehicles. The home occupation shall not increase the number or type of delivery vehicles customary to a dwelling.
Parking and pavement. A minimum and/or a maximum number of parking spaces shall be specified by the Village Board. The Village Board may also specify the location and extent of parking areas.
Hours. Hours of operation shall not exceed from 8:00 a.m. to 8:00 p.m., except as may otherwise be authorized by the Village Board.
Hazards. The home occupation shall not create any hazard to neighboring persons or property and shall not cause any electronic interference, excessive noise, vibration, smoke, dust, odors, heat or glare on surrounding properties.
Group activity. The Village Board may limit the number and locations within the property where individuals or students may receive group services or instruction.
Multifamily dwellings. Home occupations shall be allowed in multifamily dwellings, but only within those units that have direct pedestrian access to the outside of the structure and do not require any customer or client of the home occupation to use a shared or common corridor. The Village Board may impose additional requirements on home occupations in multiple-family dwellings for the protection of other residents.
Additional conditions. The Village Board may impose additional conditions upon the home occupation to preserve the residential character of the site and neighborhood.
Vehicular circulation. The lot shall have sufficient area and frontage for safe and efficient vehicular access, egress, internal circulation and provision of services without adversely affecting the flow of traffic on the abutting streets.
Vehicular stacking. Provision for the stacking of such vehicles waiting for service as determined by the Village Board shall be maintained on site for each drive-in service window or unit.
Landscaped buffer. On each lot line abutting a residential use, there shall be a landscaped buffer, eight feet in width, measured from the lot line, planted with a staggered double row of evergreen trees installed at a height of four feet on six-foot centers and maintained to a height of at least six feet. The Village Board may authorize opaque fencing to be substituted for landscaping planting upon finding that such screening would provide a more effective buffer for the residential use.
General landscaping. A landscaped area shall be maintained (exclusive of driveways) on all sides of the property having street frontage or abutting nonresidential uses; treatment shall be of grass, ornamental stone, or evergreens maintained below two feet in height, and surrounded by curbing (wood, stone, concrete) four to six inches in height. The landscaped area shall be of sufficient width and length for snow storage needs and to separate the site's vehicular areas from those of abutting uses and the streets.
Motor vehicle service and repair.
The lot shall have sufficient area and frontage for safe and efficient vehicular access, egress, internal circulation and servicing of vehicles without adversely affecting the flow of traffic on the abutting streets.
Entrance or exit driveways shall be located at least 20 feet from any side or rear lot lines and at least 75 feet from any intersecting street right-of-way line.
All fuel pumps and service areas shall be located at least 30 feet from any street line or 30 feet from any other lot line.
All fuels, including fuel oil, gasoline or similar substances, shall be stored in underground tanks at least 35 feet from any lot line, and tanks shall be installed and maintained in accordance with the current standards of the National Board of Fire Underwriters and the New York State Uniform Fire Prevention and Building Code. Vents must be at least 25 feet from any lot line.
Any inactive flammable liquid/fuel storage tank below grade must be removed within six months after the dispensing of fuel or the use of the tank has ceased.
All repair, painting, servicing or storage of parts, equipment and containers of solvents, lubricants, waste oil and similar materials used directly in the operation of the use (other than dispensing of fuel, oil, water and air to vehicles) must be performed and contained within a principal or accessory structure.
Vehicles awaiting routine repair must be stored on site, but not between the front building line and front property line.
On each lot line abutting a residential use, there shall be a landscaped buffer, eight feet in width, measured from the lot line, planted with a staggered double row of evergreen trees installed at a height of four feet on six-foot centers and maintained to a height of at least six feet. The Village Board may authorize opaque fencing to be substituted for landscaping planting upon finding that such screening would provide a more effective buffer for the residential use.
A landscaped area shall be maintained (exclusive of driveways) on all sides of the property having street frontage or abutting nonresidential uses; treatment shall be of grass, ornamental stone, or evergreens maintained below two feet in height, and surrounded by curbing (wood, stone, concrete) four to six inches in height. The landscaped area shall be of sufficient width and length for snow storage needs and to separate the site's vehicular areas from those of abutting uses and the streets.
Waste disposal and similar accessory service areas shall be adequately screened from view and maintained to avoid any discharge of hazardous materials to the surface drainage system.
Notwithstanding anything set forth in any other section of this chapter to the contrary, the following public utility uses shall be authorized within any district in the Village of Camillus only upon the issuance of a special permit by the Village Board, upon the determination by said Board that there is a sufficient compliance with the requirements of this section:
Public transit or railroad electric substation;
Public utility stations for gas or oil metering and regulating;
Telephone exchange or other community equipment substations;
Terminal facilities at river crossings for access to electric, gas or steam lines;
Water or sewage pumping stations;
Communication towers, radio and television towers, relay stations, or transmitting or booster antennas;
Sewage treatment plants; and
Other public utility uses which are of the same general character as those listed above.
Utility substation procedure. The following procedure shall govern the issuance of a special permit for the public utility uses authorized in § 110-11I(2)(e) above:
[Amended 8-11-2011 by L.L. No. 3-2011]
An application for a public utility permit shall be made to the Village Board. The application for the permit shall be on forms required by the Village Board and include a detailed graphic plan, including a detailed landscaping plan.
The Village Board, after a public hearing, may approve, approve with modification or condition(s), or disapprove the application. The Village Clerk shall give notice of such hearing by the publication of a notice in the official newspaper, specifying the time when and the place where such hearing will be held and in general terms describing the application. Said notice shall be published at least 10 days prior to the day of the hearing.
The Village Code Enforcement Officer shall issue a building permit pursuant to said approval or approval with modification or condition(s), upon finding compliance with all other applicable provisions of law.
Utility substation requirements and regulations.
The public utility structures and uses authorized in § 110-11I(2)(e) shall conform to all the regulations of the district in which they are located and to any particular regulations which apply under other provisions of this chapter. In addition, there shall be reasonable compatibility in all respects with any structure or use in the neighborhood, actual or permitted, which may be directly and substantially affected.
Public utility structures and uses shall be situated upon the site with consideration given for layout, public safety, health, screening, signs, access, landscaping, driveway and highway access, and architecture or design so that.
The flow, control and safety of traffic shall not be adversely affected to an unreasonable degree;
There shall be reasonable provision for open spaces and yards, appropriate to the structure and use;
The utility shall not be in conflict with other utilities in the area;
The uses and facilities affixed to the land shall not be located closer than 20 feet to any lot line, and any television, radio or other type of tower shall be located on a lot which is of sufficient size so its setback will be at least the height of the structure plus 25 feet;
All parking for service and employees shall be on site;
The structure shall be adequately landscaped with year-round evergreen shrubbery and trees; and electric or gas utility substations or water pumping stations shall be surrounded with fences, barriers, and safety devices prescribed by the Village Board;
The location and height of buildings, the location, nature and height of walls, fences and other structures, and the nature and extent of drainage and landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent lands and buildings, nor impair the value thereof;
The outside storage of equipment shall not be permitted on the site; all lighting shall be directed away from adjacent lots and public thoroughfares; and
The Village Board may require additional appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including performance standards governing noise, vibration, smoke and other particulate matter, odorous matter, toxic or noxious matter, radiation hazards, humidity, heat or glare applicable to the district in which such use, building or other structure, or tract of land is located.
The Village Board of Trustees may modify the provisions of § 110-43 of this chapter pertaining to a group residence based upon a consideration of the elements hereinafter set forth:
Age and mobility of prospective occupants.
Nature of any custodial care and/or supervision of prospective occupants, where required.
Regulations of any agency, private or public, having jurisdiction over a specific group residence, to the extent that such regulations are actually imposed or are to be imposed.
Accessibility to on-site or off-site active and/or passive recreational facilities, both indoor and outdoor; retail goods and services; libraries; places of worship; medical services; and such other facilities as may be considered necessary and/or appropriate to the needs of the prospective occupants.
Traffic-generating characteristics of the group residence, with particular emphasis on visitation privileges, loading requirements and the availability and nature of public or private transportation facilities.
All applications for development within areas designated as flood hazard areas shall require a determination that all building sites shall be reasonably safe from flooding. In making this determination, consideration shall be given to whether or not:
The improvements are designed or modified and anchored to prevent flotation, collapse or lateral movement of the structures.
The construction materials and utility equipment used are resistant to flood damage.
The construction methods and practices employed will minimize flood damage.
All public utilities and facilities, such as sewer, gas, electrical and water systems, are located, elevated and constructed to minimize or eliminate flood damage.
Adequate on-site drainage is provided so as to reduce exposure to flood hazards.
New or replacement water supply systems and/or sanitary sewerage systems are designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters, and on-site waste disposal systems are located so as to avoid impairment of them or contamination from them during flooding.
The Village Board of Trustees may require that the applicant submit a certification by licensed engineers or similar professionals that the standards contained herein are being complied with.