There is hereby created a special zoning district, the boundaries of which shall be congruent with those areas identified as special flood hazard areas on the Flood Hazard Boundary Maps for the Town of Montour, as issued by the Federal Insurance Administration or its successor. This district shall be an overlay zone, within which the normal provisions of the zoning districts as mapped on the Official Zoning Map shall apply, except that no development shall be permitted which does not comply with the provisions of Chapter
100, Flood Damage Prevention, of the Code of the Town of Montour, as amended.
Wherever commercial, manufacturing or other nonresidential uses
or improvements and changes to such uses, with the exception of agricultural
activities and home occupations, are proposed, the following performance
standards shall apply. The Building Inspector III shall ensure these
standards are met prior to issuing certificates of occupancy for such
uses and may require the applicant(s) to provide documentation of
compliance.
A. Where a commercial or manufacturing use is contiguous to an existing
residential use in any district (including those situated on the opposite
side of a highway) or any approved residential lot in a residential
district, the Planning Board may require that the minimum front, side
and rear yards be increased by up to 50%. The Board may also require,
for purposes of separating incompatible activities or shielding the
residence from negative impacts, that a buffer consisting of a solid
fence of wood and/or a twenty-foot wide dense evergreen planting not
less than six feet high be maintained, unless the properties are in
the same ownership or the full width of the yard is already wooded.
B. All activities involving the manufacturing, production, storage,
transfer or disposal of inflammable and explosive materials shall
be provided with safety devices against the hazard of fire and explosion.
Fire-fighting and fire-suppression equipment and devices shall be
provided pursuant to National Fire Protection Association guidelines.
Burning of waste materials in open fires is prohibited. Details of
the potential hazards and planned safety and accident response actions
shall be provided by the applicant, and the Planning Board may require
greater front, side and rear yards and/or fencing.
C. No activities shall be permitted which emit dangerous radioactivity
or electrical disturbance adversely affecting the operation of any
equipment other than that of the creator of such disturbance.
D. No vibration shall be permitted on a regular or continuing basis
which is detectable without instruments at the property line.
E. Lighting.
(1) All lighting and use of mirrors 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 connected with any proposed new nonresidential
land use requiring a permit hereunder shall comply with the following
standards:
|
Type of Light Source
|
Maximum Illumination Permitted at Property Line
(footcandles)
|
Maximum Permitted Height of Light
(feet)
|
---|
|
Globe light
|
0.20
|
15
|
|
>90% cutoff
|
0.75
|
25
|
|
<90% cutoff
|
2.00
|
30
|
(2) No direct or sky-reflected glare, whether from floodlights or from
high-temperature processes such as combustion or welding or other
sources, so as to be visible at the property line on a regular or
continuing basis, shall be permitted.
F. No emission of fly ash, dust, fumes, vapors, gases and other forms
of air pollution shall be permitted on a regular or continuing basis
which can cause any damage to health, to animals, vegetation, or other
forms of property, or which can cause any excessive soiling.
G. All activities involving the possible contamination of surface water
or groundwater shall be provided with adequate safety devices to prevent
such contamination. Details of the potential hazards (including the
groundwater characteristics of the area in which the use is proposed)
and planned safety devices and contamination response actions shall
be provided by the developer.
H. Whenever a vehicle and equipment sales, mechanical and body repair
use is proposed as a special use, or as an expansion of an existing
nonconforming use, the following additional performance standards
shall apply:
(1) All mechanical and body repair work shall be performed within buildings.
(2) All automobile or vehicle parts, new or used, shall be stored within
buildings.
(3) Vehicles which are temporarily on the property awaiting to be repaired
shall be stored in an area which meets the minimum yard and buffer
requirements applicable for the district and the use.
I. All industrial uses, processing and storage shall be within fully
enclosed structures, and no tanks, cupolas, vents or other apparatus
peculiar to the processing shall be visible outside the approved buildings,
except as approved by the Planning Board. The facade of buildings
and structures in industrial uses shall be compatible with adjacent
development and shall be fully landscaped in accordance with the requirements
therefore that are contained herein.
The Planning Board may require a landscape plan be prepared
as part of any special use or site plan review application. Such a
plan may also be required whenever any nonresidential use is proposed
in any district so as to buffer parking areas and buildings from the
highway, each other and other uses. Where it is determined that a
proposed use would not have a significant impact on the natural environment,
adjoining landowners or the view from a public highway, these requirements
may be appropriately modified or waived by the Planning Board. The
landscape plan, if required, shall specify locations of all mature
shade trees or other species of six-inch caliper or greater and indicate
existing vegetation to be removed or preserved. It shall demonstrate
how building materials, colors, and textures will be blended with
the natural and man-made landscape. It shall also include visual depictions
of the proposed landscape from the perspective of persons who will
view the site from the highway or adjoining properties. Specific locations,
varieties, sizes, winter hardiness, and schedules for all proposed
plantings shall, too, be provided as part of the plan. The Planning
Board, in reviewing a landscape plan, may employ the assistance of
design professionals. The Planning Board shall also specifically consider
the following before approving, approving with modifications or disapproving
the special use:
A. The plan should promote attractive development, preserve existing
vegetation to the maximum extent possible, enhance the appearance
of the property and complement the character of the surrounding area.
B. The plant material selected should be of complementary character
to buildings, structures and native plant species and be of sufficient
size and quality to accomplish its intended purposes. Ornamental and
shade trees should have a caliper of no less than three inches, evergreen
trees should be a minimum of five feet in height and other shrubs
a minimum of 24 inches in height or two gallon size, when planted.
C. The plan should effectively buffer the activity from adjoining land
uses as may be necessary and soften the impact of other site development
as contrasted with the natural environment.
D. The plan should be realistic in terms of maintenance and use materials
which, as a minimum, are winter hardy to Zone 4.