[Amended 8-12-1981 by L.L. No. 1-1981; 6-8-1988 by L.L. No. 2-1988; 9-6-2000 by L.L. No. 2-2000]
A.
Purpose. It is the purpose of this section to provide
a process and guidelines to review those uses which may be appropriate
to the respective zoning districts, but where the number, location,
juxtaposition, and site improvement should be carefully considered
and regulated.
B.
Procedure. On application, the Planning Board may
authorize the enforcement officer to grant a permit for any use for
which approval of the Planning Board is required by these regulations
according to the process and standards set forth below:
(1)
The application for a zoning permit for a special
use shall be on a form provided by the enforcement officer. The enforcement
officer shall determine the completeness of any application made under
this section and shall notify the applicant within 10 days of the
date of submission if such application is incomplete or deficient
in any way, and shall further specify the deficiencies. Written notification
of the application shall be sent to all property owners within 300
feet of the boundaries of the applicant, at least seven days prior
to consideration of the application by the Planning Board.
(2)
The Planning Board shall consider the application
and render its decision within the time period provided by applicable
Town Law (herein referred to as "ATP") from the date of submission
of a complete application if no public hearing is held; or, alternatively,
schedule and hold a public hearing within the ATP of the date of submission
and render its decision within ATP of the hearing. These respective
time frames may be extended only by mutual written agreement between
the applicant and the Board. A public hearing shall be at the option
of the Planning Board.
(3)
Notification of the Planning Board's decision to authorize
or deny the permit and the reasons therefor will be given, in writing,
to the enforcement officer, a copy filed with the Town Clerk within
five days of the date of the Board's decision, and a copy of the Board's
determination furnished to the applicant upon request.
C.
Standards. Special uses to be considered by the Planning
Board are listed in the Zoning Schedule. Unless varied in this section,
the following standards will guide the Board on its review of all
special use applications:
(1)
Location, size of use and structure, nature and intensity
of operations involved, size of site in relation to it, and location
of site with respect to streets giving access to it will be in harmony
with the orderly development of the district.
(2)
Location, nature, and height of buildings, walls,
and fences will not discourage the appropriate development and use
of adjacent land and buildings, or impair their value.
(3)
Operations of conditional use shall not be more objectionable
to nearby properties than will be operations of any permitted standard
use.
(4)
Adequate combination of public and private parking
is provided.
D.
Additional standards. In addition to the above standards,
the following shall apply to specific public uses:
(1)
Gasoline station: lot width, minimum of 150 feet except
on a corner lot, then the minimum may be reduced to 100 feet; two
pump islands with a minimum of three pumps set back at least 12 feet
from street line or highway right-of-way; building containing a maximum
of three bays and set back at least 25 feet from the street line or
highway right-of-way; a minimum of 200 feet visibility of the pumps
on the same side of the street and 240 feet visibility on the opposite
side of the street, a masonry wall or a fence and screen planting
where abutting a residential district.
(2)
Hotel/motel: a minimum distance of 15 feet from any
lot line to any building, minimum distance of 10 feet between buildings,
minimum lot area of 2,000 square feet per unit, off-street parking
requirements as per Zoning Schedule Narrative, approval of water supply
and sewage disposal by the New York State Department of Health.
(3)
Marina: A minimum of 375 square feet for each boat
shall be required. A minimum of 15 feet width for each boat space
shall be required. A minimum distance of 15 feet from any lot line
to any building or to any stored boat shall be required. Shrubbery
and other plantings to screen the operation from adjacent properties
shall be required to minimize noise, glare of lights and other factors.
Motors shall not be operated closer than 50 feet from any boundary
lines. Sufficient off-street parking space for traffic generated shall
be provided. Approval of the water supply and sewage disposal by the
New York State Department of Health is required.
(4)
Medical facility: minimum lot area five acres, minimum
distance from any lot line to any building 100 feet; off-street parking
spaces of one unit for each three patient beds excluding bassinets,
staff or visiting doctor, intern, nurse, three employees, three student
nurses, and service vehicle; clinics and outpatient departments, three
parking spaces for each examination room; adequate unloading space
must be provided.
(5)
Membership or private club, community building: minimum
lot area five acres; minimum distance from any lot line to a principal
building 100 feet. No off-street parking in required front yard. Off-street
parking as per Zoning Schedule Narrative.
(6)
Mineral resource uses. The excavation and sale of
sand, gravel, clay, shale, topsoil, or other natural mineral deposits,
subject to the following conditions where they apply:
(a)
The final slope of material in any excavation
or pit shall not exceed the normal limiting angle of repose of such
material.
(b)
Both the base and top of such slope shall not
be nearer than 40 feet to any street or property line.
(c)
A substantial fence with suitable gates completely
enclosing the portion of the property in which the excavation is located
shall be provided and shall be 40 or more feet from the edge of such
excavation.
(d)
Any area of land, having an area of more than
one acre from which topsoil has been removed or covered over by fill,
such area shall be seeded to provide an effective cover crop within
the first growing season following the start of said operation.
(e)
The requirements of the State Mined Lands Reclamation
Act shall be met.
(7)
Mobile home parks. In addition to any regulations herein provided, mobile home parks are subject to the regulations set forth in Chapter 179.
(8)
Motor vehicle wrecking yard. All dismantling, burning,
cutting of vehicles shall take place in an area at least 500 feet
from any property line, highway right-of-way or street line. This
area is to be screened from view from any street, highway, or property
line by screen planting, or an approved fence so as to be completely
hidden from any highway, street, or property line. Any storage of
parts or vehicles outside of this wrecking yard shall be within a
building on the same lot or premises. Such building shall be an accessory
building and subject to the restrictions of accessory buildings. All
motor vehicle wrecking yards shall comply with the provisions of the
General Municipal Law of the State of New York.
(9)
Residential uses: includes multifamily dwelling, residential
care facility; mixed commercial-residential use; and home business.
(a)
Floor space, health, safety, and sanitary conditions
shall be adequate to insure livability, be in accord with the New
York State Multiple Residence Law, where applicable, and provide a
minimum floor space of 500 square feet per dwelling unit.
(b)
Lot size per building for multiple-family dwellings
shall be in accord with the minimum lot size required in the district
and, in addition, shall have the following number of square feet for
each dwelling unit in excess of the first according to the type of
unit:
|
Type of Unit
|
Minimum Lot Size
(square feet)
| |
|---|---|---|
|
Efficiency unit
|
2,500
| |
|
One bedroom
|
3,000
| |
|
Two bedrooms
|
4,000
| |
|
Three or more bedrooms
|
5,000
|
(c)
Adequate off-street parking shall be provided,
including a minimum of 1 1/2 spaces per dwelling unit and one
per each customer, client, or patron.
(d)
The use shall not interfere or conflict with
the peaceful enjoyment of neighboring residential uses and shall be
in accord with the density guidelines for the area according to the
established categories of these regulations.
(e)
A home business shall not display or create
outside the building any evidence of the home occupation, except such
sign as may be permitted under the sign requirements of these regulations.
(f)
No dwelling unit shall include more than one
home business, and such use shall be clearly incidental and secondary
to the use of the dwelling unit for residential purposes and not utilize
more than 25% of the gross floor area of the dwelling unit if located
therein or, alternatively, be in excess of 400 square feet of any
accessory building if located therein. Such home business shall have
no employees other than the owner/occupant of the building and the
resident members of his immediate family, and the business shall not
generate a need for the instantaneous parking of more than two nonoccupant
vehicles, and it shall not create a change in the character of the
residential property nor tend to reduce the residential character
of the neighborhood.
(10)
Riding academy: maximum height 35 feet; minimum
distance from street line to any building 125 feet; minimum distance
from any side or rear line to any building 100 feet.
(11)
Mobile dwelling (farm use).
(a)
A mobile dwelling as an accessory to an agricultural
use may be permitted by the Planning Board under the special permit
procedures when the Planning Board finds that such mobile dwelling
is necessary for the conduct of a farming operation, and that the
unit will be occupied by the owner or employee of the farm on which
it is located. The mobile dwelling shall be subject to the following
regulations:
[2]
Minimum floor area shall be 750 square feet.
[3]
An accessible, safe, and potable water supply
shall be provided.
[4]
An approved sewage disposal system shall be
provided.
[5]
The unit shall be securely fastened to the ground
in accord with accepted standards for mobile dwellings.
[6]
An enclosed storage area of at least 80 square
feet shall be provided.
(12)
Accessory buildings. No accessory building may be erected on
a vacant lot. However, accessory buildings as standalone structures
may be permitted, upon issuance of a special use permit and only in
Agricultural ("A"), Business ("B"), Industrial ("I") and LR-40 Districts
located south of New York State Route 31, subject to the following
requirements:
[Added 12-17-2014 by L.L.
No. 11-2014]
(a)
The use of a standalone accessory building must be located on
a lot of at least five acres in area.
(b)
Notwithstanding any other provisions of this chapter, front,
side and rear yard setbacks of the standalone accessory building shall
be determined by the Planning Board based upon site specific considerations
and as part of the issuance of a special use permit.
(c)
Access to the use shall be reviewed and considered by the Planning
Board as part of its review.
(d)
An accessory building constructed prior to and in anticipation
of the construction of a home shall require a deposit (to be set by
resolution of the Town Board) and submission of building plans for
the proposed home and the owner shall sign a statement that the home
will be built within a year from the issuance of the building permit.
(e)
The standalone accessory building shall be no larger than 400
square feet in area and no more than 12 feet in height and shall not
exceed one standalone accessory structure per lot. The Planning Board,
upon a finding of no detrimental impacts to neighboring properties
or neighborhood character, may approve larger standalone accessory
buildings.
(f)
The structure must be demonstrated to have a tangible nexus
to the land itself. The standalone accessory building may not be used
for commercial purposes. Typical allowable uses are as a gardening
shed, sugar house or similar low-impact, rural use.
(g)
In exercising its approval powers, the Planning Board may, upon
proper finding, impose such reasonable conditions relating to screening,
buffering and other mitigative measures incidental to the application
for a special use permit.
(h)
The use shall not interfere or conflict with the peaceful enjoyment
of neighboring residential uses.
(i)
Such other materials the Planning Board deems necessary upon
which to determine the impact of such specially permitted use must
be submitted.
(j)
No outdoor storage of any type shall occur on the lot.
(k)
Notwithstanding the above, standalone accessory structures may
be specially permitted by the Planning Board pursuant to this subsection
for accessory structures not exceeding a total of 150 square feet
on currently undeveloped lots north of Route 31.
(13)
Kennels.
[Added 5-2-2018 by L.L.
No. 3-2018]
(a)
Commercial kennel and/or animal day care. A commercial kennel and/or
animal day care is permitted, upon issuance of a special use permit
by the Planning Board, in the Agricultural (A), Business (B) and Industrial
(I) Districts, subject to the following additional requirements:
[1]
The use must be located on a lot at least two acres in area.
[2]
A commercial kennel and/or animal day care (except for outside runs)
shall be completely enclosed within a suitable building and shall
be no closer than 100 feet to any lot line or residential use or district
boundary as measured from the nearest lot lines.
[3]
Fenced areas used in association with animal day care and commercial
kennel uses may not be permitted within 50 feet of any side or rear
lot line and shall be prohibited in a front yard. Kennels must demonstrate
an appropriate dog run area that will not have an adverse impact on
neighboring properties.
[4]
For animal day care and commercial kennels, an acceptable waste storage,
management and removal program must be submitted and approved by the
Planning Board and must otherwise comply with all state, county and
local laws, rules, regulations and requirements related to said waste
storage and removal.
[5]
The animal day care or commercial kennel use shall not interfere
or conflict with the peaceful enjoyment of neighboring residential
uses.
[6]
For animal day cares and commercial kennels, such other materials
as the Planning Board deems necessary upon which to determine the
impact of such specially permitted use must be submitted. The Planning
Board may set reasonable hours of operation and a limit to the number
of dogs kenneled where appropriate, as well as set hours for outdoor
exercise for kenneled dogs.
(b)
Personal purebred kennels. Personal purebred kennels may occur on
any lot subject to the issuance of a special use permit and the following
standards:
(c)
Dog grooming business. Dog grooming may occur subject to the issuance
of a special use permit in the Agricultural (A), Business (B) and
Industrial (I) Districts and subject to such reasonable conditions
as shall be set by the Planning Board.
The lawful use of any building or land existing
at the time of the enactment of this chapter may be continued although
such use does not conform with the provisions for the district in
which it is situated, subject to the limitations set forth below:
A.
Unsafe structures. Any structure or portion thereof
declared unsafe by a proper authority may be restored to a safe condition.
B.
Extension. A nonconforming use of land shall not be
extended. However, any such use may be extended throughout any parts
of a building which were manifestly arranged or designed for such
use at the time of adoption of this chapter. A nonconforming use of
a building may be changed to another nonconforming use, which, in
the opinion of the Board of Appeals, either by general rule adopted
on a request by the Zoning Administrative Officer or on a specific
finding on appeal in a particular case, is of the same or of a more
restricted classification.
C.
Alterations. Alterations to any building or part thereof which is used to house a nonconforming use shall be made only on a permit issued by the Board of Appeals subject to the conditions and safeguards set forth in § 275-9 of this chapter.
D.
Completion, extension or construction of buildings
originated prior to this chapter. Nothing herein contained shall require
any change in plans for construction or designated use of a building
complying with laws existing prior to this chapter, provided that
the active and substantial construction shall have been originated
prior to the enactment of this chapter, and further provided that
such construction or alteration shall be diligently prosecuted.
E.
Restoration. A nonconforming building or building
used to house a nonconforming use may be restored after being damaged
or destroyed by fire or other cause provided that the nonconformity
not be increased and that restoration be completed within one year
of destruction or damage.
F.
Abandonment. When a nonconforming building or use
has been abandoned for a period exceeding 12 months, it shall not
thereafter be reestablished.
G.
Changes. Once changed to a conforming use, no building
or land shall be permitted to revert to a nonconforming use.
H.
Displacement. No nonconforming use shall be extended
to displace a conforming use.
I.
Cessation. Notwithstanding any other provisions of
this chapter, any nonconforming auto wrecking yard, junkyard, billboard,
structural advertising or sign in existence at the date of enactment
of this chapter shall, at the expiration of four years from such date,
become a prohibited and unlawful use and shall be discontinued.
A.
Purpose.
(1)
It is the purpose of this section to provide a process
for the recognition and detailed evaluation of those types of natural
and related land use considerations which, given the nature, level
of detail and scale of the Town wide inventory and Zoning Maps, require
a more exact site specific evaluation on a case-by-case basis than
is otherwise possible. Specifically, the Resource Management (RM)
Overlay District has been established to depict land and water areas
with particularly significant limitations to development that necessitate
a more careful evaluation of the likely impact of such development.
The types of limitations encompassed within this overlay district
include:
(2)
Consistent with this purpose, the provisions of this
section shall apply to all land and water areas in a Resource Management
(RM) Overlay District as set forth herein below.
B.
Procedure. The process for consideration of any proposed
use to be situated in any Resource Management (RM) Overlay District
shall be as follows:
(1)
The nature and content of an application for any use
considered under this section shall be as set forth in Appendix A,
Required Submissions,[1] and such additional information as may be required in
the administration of this section. The enforcement officer shall
determine the completeness of any application considered under this
section and shall notify the applicant within five days of the date
of submission if such application is incomplete or deficient in any
way, and shall further specify the deficiencies.
[1]
Editor's Note: Appendix A is included as an attachment to
this chapter.
(2)
The Planning Board shall consider the application,
including such professional expert assistance as may be necessary,
and render its decision within the time period provided by applicable
Town Law (herein referred to as "ATP") from the date of submission
of a complete application if no public hearing is held; or, alternatively,
schedule and hold a public hearing within ATP of the date of submission
and render its decision within ATP of the date of hearing. These respective
time frames may be extended only by mutual written agreement between
the applicant and the Board. Consideration of the application at public
hearing shall be optional at the discretion of the Planning Board.
(3)
Notification of the Planning Board's decision to authorize
or deny the permit and the reasons for this decision shall be given,
in writing, to the enforcement officer, a copy filed with the Town
Clerk within five days of the date of the Board's decision and a copy
of the Board's determination furnished to the applicant upon request.
C.
Applicable standards. Any use proposed to be located
within Resource Management Overlay District shall be evaluated according
to the following specific guidelines:
(1)
Flood hazard areas. No use shall be situated within
any flood hazard area where the location of such use will jeopardize
the health, safety or welfare of the occupants of such use, the stability
of the use itself or where such use will aggravate flooding conditions
upstream due to the displacement of floodwaters. In particular, any
use proposed in such area shall be reviewed according to the applicable
provisions of the National Flood Insurance Act.
(2)
Wetlands. No use shall be situated in or adjacent
to any wetland area where the location of such use, by landfill or
drainage, will damage or affect in a significantly detrimental manner
the water retention capacity or unique flora or fauna characteristic
of such wetland, and, further, no such use shall be located where
the instability or inadequate bearing capacity of the wetland would
jeopardize the stability of the use itself. In particular, any use
proposed in such area shall be reviewed according to the applicable
provisions of the NYS Freshwater Wetlands Act of 1975.
(3)
Steep slopes and adverse soil conditions. No structure
shall be situated on any slope in excess of 25%, or any soils where
the location of such use will cause or aggravate significant earth
erosion or slippage, or encourage malfunctioning of any individual
sewage disposal or the contamination of the water table.
(4)
Certified agricultural district. Proposed uses and/or
structures shall be located so as to minimize the impact on viable
farmland.
D.
Stormwater pollution prevention plans. A stormwater pollution prevention plan consistent with the requirements of Chapter 230, Stormwater Management and Erosion and Sediment Control, shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 230, Article II, Stormwater Control. The approved site plan shall be consistent with the provisions of Chapter 230.
[Added 12-5-2007 by L.L.
No. 7-2007]
E.
Exempt activities. This review and approval procedure
shall not apply to accessory buildings of less than 400 square feet
nor to expansions of existing structures which will not enlarge such
structures by more than 50% nor require additional parking.
A.
Purpose.
(1)
These districts are to provide a means of developing
land areas for new residential, business and industrial uses, including
a satisfactory combination of these uses in an economic and compatible
manner, utilizing innovative planning and architectural concepts but
without departing from the spirit and intent of this section.
(2)
These districts are designed to accommodate proposed
clustering techniques not otherwise provided for in the other zoning
districts.
(3)
The Manufactured Home Park District shall provide
a suitable setting for the location of manufactured homes and mobile
homes. This section is intended to apply to mobile homes wherever
reference is herein made to manufactured homes.
B.
Classification. The classification of Planned Development
Districts is intended to designate an area of land that will be held
for development for residential or business purposes or a combination
of these uses, in accordance with the procedures and standards set
forth in this section. There shall be two types of Planned Development
Districts. There shall be the Manufactured Home Park District and
the Planned Development District for all other uses.
C.
Procedure. Establishment of a Planned Development
District or Manufactured Home Park District project shall require
two steps:
(1)
Approval of a preliminary development plan and amendment
of the Zoning Map by the Town Board to establish a Planned Development
District;
(2)
Authorization to proceed with the project in a Planned
Development District.
(3)
Unless otherwise distinguished, the terms of this
section shall apply equally to either the Planned Development District
or Manufactured Home Park District.
D.
Amendment of this chapter.
(1)
Application for amendment of the Zoning Map for a
Planned Development District shall be made to the Town Clerk for transmittal
to the Town Board for consideration at its next regularly scheduled
meeting. The Town Board may, upon its own motion, initiate an application
for the establishment of a Planned Development District.
(2)
The applicant shall submit a preliminary development
plan, at an appropriate scale, illustrating the type, uses and design
of the proposed development, including any or all of the following
as required by the Town Board, to wit:
(a)
Boundaries of the proposed district;
(b)
Topography, soil conditions, drainage;
(c)
Land uses and building locations;
(d)
Roads, parking areas, walks;
(e)
Common open spaces;
(f)
Signs;
(g)
Open spaces and recreation areas;
(h)
Landscaping, fencing, screening;
(i)
Outdoor lighting;
(j)
Construction sequence; and
(k)
Feasibility studies of utility, traffic and
other problems possibly arising from the proposed project.
(3)
The Town Board shall refer the completed application
to the Planning Board for its review and recommendation.
(4)
The Planning Board shall review the application to
determine whether it is complete and may request clarification and
additional information from the applicant regarding any aspect of
the application. The Planning Board and the applicant may negotiate
refinements or modifications in the preliminary development plan proposals
or other aspects of the application. This negotiating process is intended
to permit changes in the original application that will allow the
project to meet the objectives of this chapter. The applicant may
terminate negotiations at any time by asking the Planning Board to
proceed with its review procedures at its next regular meeting. The
Planning Board shall determine, in the exercise of its discretion,
the use or uses to be combined within the Planned Development District
in accordance with the purpose of this section.
(5)
The Planning Board shall review the application and
evaluate the development plan with consideration of the following:
(a)
Consistency with the stated purposes of a Planned
Development District;
(b)
Extent of departure from the requirements and
standards of the local law otherwise applicable to the property and
the advantages and amenities resulting from such departure;
(c)
Relation to the existing character of the vicinity;
(d)
Location, bulk and height of buildings and uses
in relation to one another and to other structures and uses in the
vicinity;
(e)
Vehicular and pedestrian traffic circulation,
its relation to existing traffic facilities and patterns and the probable
amount of traffic generated;
(f)
Adequacy of existing and proposed utilities,
fire protection and other services;
(g)
Protection of the environment;
(h)
Purpose, location and amount of common open
spaces.
(i)
Architectural and landscaping design; and
(j)
Sufficiency of terms and conditions for protection
of the integrity, conservation and maintenance of the plans.
(6)
The Planning Board shall recommend to the Town Board,
within 60 days of the official submission date to the Planning Board,
approval, approval with modifications or disapproval of the development
plan, giving reasons therefor. The time period for Planning Board
recommendation may be extended by mutual consent of the applicant
and the Planning Board.
(7)
The Town Board shall hold a public hearing as required
for any amendment of this chapter and shall consider the report and
recommendations of the Planning Board, and all other comments, reviews
and statements pertaining thereto. The Town Board may act to amend
the Zoning Map to establish and define the type and boundaries of
the Planned Development District, and in order to protect the health,
safety and general welfare of the community, may establish additional
requirements and specific conditions restricting the nature, density,
or design of proposed land use and development, and may request that
the applicant submit an amended preliminary development plan conforming
with such requirements and conditions prior to final action by the
Town Board to establish a Planned Development District.
(8)
Upon approval by the Town Board of a preliminary development
plan and establishment of a Planned Development District, the plan
shall be filed with the Town Clerk and shall serve as a permanent
record to guide future action.
(9)
Before taking final action on amending the Zoning
Map, the Town Board shall refer such matters to the Madison County
Planning Agency in accordance with the provisions of General Municipal
Law § 239-m.
E.
Standards for Planned Development Districts.
(1)
Area/density. All Planned Development Districts shall
have a minimum area of 10 acres, and all development within the districts
shall not exceed density specifications determined by the Planning
Board for the intended use and compatible with this section.
(2)
Setbacks. The minimum setback of a building from an
adjacent district boundary for any manufacturing, other industrial,
research or business use shall be 150 feet unless specifically waived
or varied by the Planning Board. District boundary setbacks for other
permitted uses shall be determined by the Planning Board in accordance
with the stated purpose of this section.
(3)
Roads. All roads, whether to be offered for dedication to the Town or not, shall be constructed in accordance with Town standards as established in Chapter 235, Subdivision of Land, and, in addition, according to any additional requirements deemed necessary by the Town Engineer and as set forth in the resolution of approval of the final plan.
(4)
Open spaces and recreation areas. Suitable and satisfactorily
located areas of every Planned Development District, which includes
residential uses, shall be designated and reserved for open spaces,
and/or recreational purposes. Improvements and facilities to be provided
as part of the open spaces and recreation areas, and provisions for
maintenance shall be acceptable to the Town and the responsibility
of the applicant.
(5)
Access. Access, insofar as practicable, shall be provided
for by ingress and egress on to nonmajor or collector streets to minimize
the number of accesses on to highways.
(6)
Landscaping, fencing, screening. Appropriate natural
screening and buffering, such as plantings, shall be required to minimize,
among other things, the adverse visual impact of the intended use.
(7)
Signs. Notwithstanding the provisions of this chapter,
any sign to be erected within the district, whether attached or detached,
shall be approved by the Planning Board. All signs must be immediately
removed if the use is discontinued for more than 30 days.
(8)
Open storage. There shall be no open storage except
for enclosed refuse containers located in areas approved by the Planning
Board.
(9)
Architectural review. All structures, including fences,
plantings and landscaping, shall be subject to an architectural review
by the Planning Board to ensure that the proposals are compatible
with the purpose of this section.
(10)
Natural resources. The development plan shall,
insofar as is practicable, maintain the greatest open space in the
areas of greatest visibility and shall protect natural resources such
as woods, wetlands, swamps, aquifers, etc.
(11)
Scenic vistas. The development plan shall locate
structures, parking and open spaces, insofar as is practicable, in
such a manner that scenic vistas are not impaired.
(12)
Outdoor lighting. The development plan shall
ensure that outdoor lighting does not adversely impact neighboring
properties or the scenic and rural character of the Town.
(13)
Bonding. The development plan shall state the
manner in which the applicant intends to comply with applicable bonding
requirements.
F.
Additional standards for manufactured home park district:
(1)
Manufactured homes shall have a minimum floor area
of 750 square feet.
(2)
Yard requirements shall be determined by the Planning
Board depending upon lot arrangement, subject to a minimum of 30 feet
between each manufactured home. No manufactured home shall be closer
than 50 feet to any boundary of the district.
(3)
Any area from the floor of the manufactured home to
the ground shall be skirted with a suitable opaque material.
(4)
An enclosed storage area of at least 80 square feet
shall be provided for each manufactured home.
(5)
A minimum of two off-street parking spaces shall be
provided for each manufactured home.
(6)
The foregoing are minimum requirements and the Planning
Board in the exercise of its discretion may increase, vary or waive
the requirements in accordance with the stated purpose of this section.
G.
Additional standards for Planned Development Districts
other than a Manufactured Home Park District:
(1)
Setback. The following front, side and rear yard dimensions
shall apply, unless otherwise determined by the Planning Board.
(a)
For residential uses, the front, side and rear
yard dimensions shall be as follows:
[1]
Front: 30 feet for one-family dwelling; 35 feet
for two-family dwelling; 40 feet for multiple-family dwelling.
[2]
Side: 15 feet each side for one-family dwelling;
20 feet each side for two-family dwelling; and 40 feet for multiple-family
dwelling.
[3]
Rear: 25 feet from all principal buildings.
(b)
For other than residential uses, the setback
side and rear dimensions shall be as determined by the Planning Board.
(c)
The maximum building and parking lot coverage
shall be 40%, except as otherwise determined by the Planning Board.
(2)
Off-street parking shall be provided according to
the following.
(b)
Parking spaces, other than in a garage, shall
be in the side or in the rear yard, or as determined by the Planning
Board.
(c)
For other than residential uses, the number
of parking spaces shall be as determined by the Planning Board commensurate
with the uses proposed. Unless otherwise approved by the Planning
Board, parking areas shall be located in such a manner that they are
not visible from streets or surrounding properties.
(3)
Building height shall be as follows:
(a)
For residential uses, the maximum height of
any structure or part thereof shall not exceed 24 feet above grade.
(b)
For other than residential uses, the maximum
height of any structure or part thereof shall not exceed 30 feet above
grade.
(c)
For either use, the Planning Board may establish
a higher height if found to be necessary for the intended use and
compatible with this section.
H.
Permitted uses.
(1)
In a Manufactured Home Park District, the clustering
of manufactured homes is permitted, together with such additional
uses as are determined by the Planning Board as being compatible with
the aforesaid use and the purposes of this section.
(2)
In all other Planned Development Districts, the following
uses may be permitted, subject to the determination of the Planning
Board that the intended uses are compatible with one another and the
purposes of this section:
(a)
Residential, public, religious and civic uses;
(b)
Light manufacturing and assembly enterprises,
provided that such activities will not be offensive, injurious, or
noxious because of gas, dirt discharge and refuse, vibration, smoke,
fumes, dust, odors, noise, traffic, lighting, danger of fire or explosion
or other characteristics detrimental or offensive or that tend to
reduce property values in the same or adjoining districts;
(c)
Business and professional offices;
(d)
Retail and service stores, restaurants, marinas,
commercial recreational facilities, and funeral homes;
(e)
Research laboratories with incidental processing
or pilot manufacturing; and
(f)
Other uses compatible with the foregoing uses
in the exercise of the discretion of the Planning Board, in accordance
with the spirit and intent of this section.
I.
Authorization to undertake construction and development
in the approved district.
(1)
Amendment of the Zoning Map to establish a Planned
Development District shall not constitute authorization to undertake
any construction and development in the district.
(2)
Such authorization shall require that the applicant
submit to the Planning Board a final development plan conforming to
conditions and restrictions imposed by the Town Board, if any, and
such further plans and specifications and supporting documents required
for a building permit. The final development plan shall include the
approved preliminary plan and any or all of the following as required
by the Planning Board:
(a)
Property survey, showing existing contours,
buildings, structures, trees over four inches caliper, streets, easements
and rights-of-way;
(b)
Site plans with proposed building locations,
streets, parking areas, walks, grading and landscape design;
(c)
Preliminary drawings for buildings to be constructed
in the current phase, including plans, exterior elevations and sections;
(d)
Preliminary engineering plans, including street
design, drainage systems and public utilities; and
(e)
Construction time schedule.
(3)
If the applicant has previously indicated that development
of the Planned Development District will be phased, the application
for a building permit may be limited to approve phases. It is the
intent of these regulations that any individual phases of a planned
development project proceed logically and have an integrity of use
in their own right so that if for any reason the entire planned development
is not completed, the developed portions will be an asset to the community
by themselves and can eventually be extended and completed without
land areas becoming isolated and inaccessible. Phasing plans shall
consider this objective.
(4)
No building permit shall be issued until the Planning
Board has undertaken its normal reviews required by these regulations
and has determined that the final development plan has been made to
conform to all prior conditions and restrictions, if any, and has
approved the plan, and until the Planning Board has forwarded a copy
of the approved plan to the Town Board.
(5)
If subdivision is requested or required, no building permit shall be issued until the Planning Board has given its approval as provided in Chapter 235, Subdivision of Land, and there has been full compliance with Chapter 235, Subdivision of Land, and the applicable provisions of Town Law, Article 16.
(6)
If development of a Planned Development District has
not commenced within one year after the date of the Planning Board
approval of a final development plan and issuance of a building permit,
the permit shall become null and void, and the plan approval shall
be deemed revoked and vacated; except that such time period may be
extended upon application to and authorization by the Planning Board.
(7)
If construction in a Planned Development District
has not commenced within the period described above, the Town Board
may elect to conduct a public hearing and otherwise consider and act
upon amendment of zoning of the land from Planned Development District
to its former district status.
J.
Conditions to run with land. All conditions required
by the Town Board in establishing the Planned Development District
and in approval of plans by the Planning Board, including any whose
performance may be precedent to the issuance of any permit, shall
run with the land and shall not lapse or be waived because of ownership
or tenancy change in any part or all of the designated Planned Development
District.
K.
Amendment of established and existing planned development districts.
[Added 10-2-2019 by L.L. No. 2-2019]
(1)
An application for amendment of an established and existing Planned Development District, including changes to the approved development plan, shall be submitted to the Planning Board for review and consideration. An applicant seeking to amend an established and existing Planned Development District shall submit an amended development plan to the Planning Board which shall contain the information required by § 275-12(D)(2) and (I)(2) and such other information as required by the Planning Board to evaluate the proposed amendments to the Planned Development District. The Planning Board may also require an applicant comply with the requirements of § 275-8M and Town Law § 274-a as part of the application. In evaluating an application for amendment of an established and existing Planned Development District, the Planning Board shall consider the criteria and standards applicable to the initial establishment and creation of a Planned Development District as established in this § 275-12.
(2)
The
Planning Board, in its discretion, may schedule a public hearing relative
to the amendment of an established and existing Planned Development
District.
(3)
In
the instance where an application for amendment of an established
and existing Planned Development District has been approved, the amended
Planned Development District development plan shall be filed with
the Town and serve as a permanent record to guide further action.
(4)
The procedure for amending an established and existing Planned Development District as set forth in this § 275-12K shall not apply to amendments, modifications or changes to the allowed and permitted land uses within the Planned Development District or to the amendment of the boundaries of the Planned Development District. An application to amend, modify or change the allowed and permitted land uses within an established and existing Planned Development District or to amend, modify or change the boundaries of an established and existing Planned Development District shall require legislative approval by the Town of Sullivan Town Board. In such cases, the procedure for the initial establishment and creation of a Planned Development District as set forth in § 275-12 shall govern.
A.
Districts permitted. Golf course shall be permitted
by special use permit in all districts.
B.
Applicable standards of golf courses:
(1)
Dimensional standards.
(a)
Minimum course areas:
[1]
Regulation nine holes: 50 acres.
[2]
Regulation 18 holes: 110 acres.
[3]
Par three or executive nine holes: 30 acres.
[4]
Par three or executive 18 holes: 60 acres.
[5]
Courses that include tennis courts as an accessory use shall have
at least 10 acres more than the basic minimum area for the type and
number of holes of the course.
(c)
Minimum parking area and tennis court setbacks in residential districts:
30 feet width sound and visibility buffering strip of a design approved
by the Planning Board or 50 feet without such a strip.
(d)
Setbacks in nonresidential districts to be set by Planning Board,
as needed, on an individual basis.
(2)
Sanitary and environmental health standards. Any clubhouse
food service or other on-site sale of food or drink requiring on-site
preparation or refrigeration must have a food service permit from
the Madison County Department of Health. Private water supply and
on-site sewage disposal systems for those courses not served by public
water or sewer also require approval of the Madison County Department
of Health.
(3)
Lighting. In residential districts, there shall be
no artificial lighting and no play allowed after darkness.
(4)
Screening. Screening or netting shall be provided
along or behind fairways and greens wherever necessary, as determined
by the Planning Board, to prevent the travel of golf balls beyond
the course's property lines.
(5)
Signage. Signage shall be subject to the standards
applicable to signs in the zoning district in which the course is
located.
(6)
Grading plan. The site plan material shall include
a grading plan showing contours and cut and fill volume for all graded
areas, including tee areas, fairways, landing areas in place of continuous
fairways, greens, and playing hazards, such as sand traps and ponds,
and it shall indicate how storm drainage runoff will be handled in
accordance with the water use plan; and it shall identify all undisturbed
natural gases.
(7)
Water use plan. The site plan material shall show
any areas to be irrigated, shall provide an estimate of water consumption
by water source (potable water by source, pond water, treated effluent).
Any irrigation shall be described by method and shown on the course
layout. Storage ponds and water hazards shall be shown and estimates
of seasonal storage volume provided, natural water bodies, streams,
and wetlands on the course shall be shown, as shall any underground
field tile drains, septic systems and disposal fields.
[Added 11-2-2016 by L.L.
No. 4-2016]
Low-impact tree service businesses shall be subject to the granting
of a special use permit by the Town Planning Board and the following
additional requirements:
A.
The property on which the low-impact tree service business is located
shall be at least five acres.
B.
Any structures containing a low-impact tree service business shall
be set back at least 200 feet from the nearest residential property
line.
C.
A site plan shall be prepared to scale, depicting all site amenities,
including ingress, egress, lighting, drainage, signage and such other
features as deemed necessary by the Planning Board.
D.
All signage must be approved by the Town of Sullivan Planning Board.
E.
The on-site hours of operation of the low-impact tree service business
shall be within the hours of 6:00 a.m. to 9:00 p.m.
F.
There shall be submitted a written operation/business plan for the
low-impact tree service business which shall include a summary that
describes the proposed use, buildings, access points and hours of
operation.
G.
There shall be no long-term outdoor storage associated with the low-impact
tree service business.
H.
A low-impact tree service business may include a nursery for the
cultivation of trees and necessary stock.
I.
Such business must front upon, have direct access to or be within
500 feet of a county or New York State highway with sufficient and
safe sight distances for ingress and egress.
J.
The noise levels from the nearest residential use shall not exceed
70 dBA.
K.
All exterior lighting shall be maintained so as to not shine or spill
onto neighboring properties and shall be properly shielded.
L.
There shall be no non-farm- or non-nursery-related retail business
associated with the low-impact tree service business.
M.
The parking of commercial vehicles on site shall be limited to only
those necessary to conduct the low-impact tree service business.
O.
There shall be an annual inspection of the operations of the low-impact
tree service business conducted by the Town Code Enforcement Officer.
Any low-impact tree service business found to be out of compliance
with these regulations is subject to revocation or approval by the
Planning Board.
P.
The Planning Board may establish appropriate screening and setbacks
to protect impacts to surrounding properties, including but not limited
to fencing, berms, and tree and/or hedge plantings.
Compliance with the State Environmental Quality
Review Act will be accomplished during the administration of this
chapter.
Compliance with the State Freshwater Wetlands
Act will be accomplished during the administration of this chapter.
[Added 3-4-2015 by L.L.
No. 2-2015]
A.
Purpose.
(1)
It is recognized that structures and establishments operated as adult
uses have serious objectionable operational characteristics. In order
to promote the health, safety and general welfare of the residents
of the Town, this section is intended to restrict adult uses to industrially
zoned areas of the Town.
(2)
The Town Board hereby finds that the operational characteristics
of adult uses and the secondary effects of adult uses increase the
detrimental impact on a community when such uses are spread throughout
the community.
(3)
The Town Board finds that, based upon common knowledge and experience
and studies conducted by other municipalities (including but not limited
to Syracuse, New York; Kansas City, Missouri; Bergen, New York; Scotia,
New York; Dryden, New York; and Ellicottville, New York), the adult
uses sought to be regulated herein have been associated with criminal
and other socially undesirable behavior, such as disorderly conduct,
prostitution, pornography, drug trafficking and substance abuse, which
have the resulting effects of depressing property values in the surrounding
neighborhood and increasing the burden upon law enforcement personnel
and municipal expenditures.
(4)
Therefore, this section is intended to promote the health, safety
and general welfare of the residents of the Town by regulating the
concentration and location of such adult uses.
(5)
This section has neither the purpose nor effect of imposing a limitation
or restriction on the content of any communicative materials, including
sexually oriented materials; neither is it the intent nor effect of
this section to condone or legitimize the distribution of obscene
material.
(6)
Adult uses may be specially permitted in the Industrial District,
subject to the additional restrictions and criteria set forth herein
and as otherwise regulated under this chapter. Such uses are otherwise
prohibited throughout the Town.
B.
Restrictions.
(1)
No adult use shall be allowed or permitted in any zoning district
of the Town, except in an Industrial District. All adult uses shall
comply with the applicable provisions of this chapter, including those
relating to structures and uses permitted in an Industrial District.
(2)
In addition, no person shall construct, establish, operate or maintain,
or be issued a certificate of occupancy for any adult use within the
Town unless such use meets the following standards:
(a)
No more than one adult use shall be allowed or permitted on
any one lot. No mixed uses involving an adult use shall be allowed.
(b)
No adult use shall be allowed or permitted on a lot that is
closer than 1,500 feet to:
[1]
A lot on which there is another adult use.
[2]
Any LR-40, MR-12, A, B, PDD or MHPD District.
[3]
Any property that is used, in whole or in part, for residential
purposes.
[4]
Any church or other regular place of worship, community center,
funeral home, library, public or private school, nursery school, day-care
center, hospital or public park, playground, recreational area, field
or trail.
[5]
Any structures used by the public for public gatherings.
[6]
Any hotels or motels.
(3)
Where there is a conflict between the regulations as provided in
this section and any other law, rule or regulation of the Town, including
this chapter, the most restrictive law, rule or regulation shall apply.
(4)
All distances set forth herein shall be measured from lot line to
lot line. Any relief from the distance buffer referenced under this
subsection shall require the issuance of a use variance.
C.
Observation from public way prohibited. No adult use shall be conducted
in any manner that permits the observation of any material depicting,
describing or relating to specified sexual activities or specified
anatomical areas from any public way or from any other lot, including,
but not limited to, any lighting, display, decoration, poster, photograph,
video/DVD, sign, show, doorway, window, screen or other opening.
[Added 4-26-2003 by L.L. No. 2-2003]
A.
The Planning Board of the Town of Sullivan is hereby
authorized to approve a cluster development simultaneously with the
approval of a plat or plats, both preliminary plats and final plats
as defined in § 276 of the Town Law, pursuant to Article
16 of the Town Law.
B.
Approval of cluster development shall be subject to
the conditions set forth in § 278 of the Town Law and in
this chapter.
