[Added 12-10-2012 by L.L.
No. 5-2012]
MVR-Business Districts may be established in the Town of Wilna
and designated at specific locations on the Zoning Map. The purpose
for such districts is to ensure that motor vehicle racing entertainment
uses which, because of their very nature, have serious objectionable
operational characteristics, are regulated to protect the health,
welfare and well-being of the residents of the Town of Wilna. It is
in the best interest of the Town to prevent proliferation of such
uses and to ensure that there will be no adverse influence on surrounding
neighborhoods.
Following is a list of the general requirements and standards
that a proposal must meet to be considered for MVR-Business District
status:
A.
The zone change shall be for a minimum of 100 acres.
B.
An MVR-Business District may be created in the AR District in the
Town of Wilna and shall be a minimum of 1,000 feet from an R-1, R-2,
B-1, B-2 or I District or from an existing residential property line
or community facility property line.
C.
All parking or racing facilities shall be a minimum of 250 feet from
all property lines.
D.
MVR-B District uses shall be limited in operation to the hours 12:00
noon until 8:00 p.m. Special exceptions may be granted by the Town
Board for an already approved MVR-B use for a special event.
A.
Application for establishment of an MVR-B District shall be made
to the Town Board by the owner(s), or a duly authorized agent, of
property to be included in the district.
B.
The Town Board shall refer such application to the Planning Board
for consideration within seven working days of receipt of such an
application.
D.
After the Planning Board's review process is complete, they
shall transmit their recommendation for approval, approval with modifications
or disapproval to the Town Board within 10 days.
E.
The Town Board shall review the Planning Board recommendations and
within 45 days of receipt of the recommendations, following public
notice, shall hold a public hearing on the rezoning. The Town Board
shall approve, approve with modifications or deny the rezoning after
the public hearing and shall notify the Planning Board of their final
action.
F.
The applicant(s) shall submit a final detailed district plan to the Planning Board in conformance with Article VIII, § 250-52B. If a final detailed district plan for an approved MVR-B District, with any modifications incorporated by the Town Board, is not submitted to the Planning Board within six months of the Town Board's rezoning approval, the Planning Board may request that the Town Board require a resubmission of the preliminary district plan for review and that the rezoning and approval actions by both Boards be repealed.
G.
The Planning Board shall review the final district plan for its conformity
with the approved MVR-B District. The permitted development must be
confined to the specific designated area as the approved rezoning.
H.
Upon approval by the Town Board, the Town Clerk shall be notified
to proceed with the filing of all amendments for the rezoning with
the Department of State. The Zoning Map shall be amended to show the
change and an article shall be added to this text stating the requirements
approved for that specific district. Each MVR-B District shall be
numbered consecutively as part of its name. The amendments to this
chapter shall become effective immediately upon filing with the Department
of State.
I.
In order to exceed any of the above time frames for adoption of an
MVR-B District, there must be agreement by both the applicant and
the Town Board.
J.
An MVR-B District that is in effect shall only be expanded if in
compliance with original permits granted. Expansion requiring new
permits shall undergo the review process again.
A.
Applicant must demonstrate there is adequate parking for those anticipated
to attend and use the race course, including parking for trailers
for recreational or other vehicles being trailered to the site for
use.
B.
Applicant must show that there are adequate sanitary facilities for
the people who will use the facilities in accordance with all Department
of Health Standards.
C.
Applicant must demonstrate that the use of the property for a race
course will not generate noise levels more than six decibels above
ambient noise levels at the property lines of the site. If necessary,
the Planning Board may consider having berms or other noise attenuation
measures to achieve these noise levels.
D.
Lighting, if any, on the site, must be directionally controlled.
Lighting is to be directed down onto the project site and not off
the site.
