Certain specified uses and structures shall require the issuance of a special use permit by the Planning Commission prior to the issuance of a building permit or a certificate of occupancy. All such special use permits shall be issued only in accordance with the requirements of this chapter.
In every case where a special permit is required by this chapter, such special permit shall be granted only after a public hearing has been held.
A. 
Any individual desiring to establish, enlarge, alter, modify or change any of the uses requiring a special permit shall first make application to the Planning Commission for a special use permit. Such application shall be made upon the forms provided therefor and available from the Village Codes Enforcement Officer and shall be signed and contain a verification made by the owner, contract purchaser, lessee or other person entitled to seek such permit. Such application shall be accompanied by 15 copies of a map or plan containing all of the information required on a site plan as specified by §§ 240-69 through 240-75 of this chapter. In addition, such application shall be accompanied by a certified check or money order in such amount as the Village Board may from time to time specify by resolution to defray the cost of processing said application.
B. 
Upon receipt of an application and all supporting documentation as may be required by this chapter and any other law, rule or regulation of the Village of North Syracuse or the State of New York, including Article 8 of the Environmental Conservation Law, the Codes Enforcement Officer shall cause copies of the completed application to be sent to each member of the Planning Commission, the Syracuse-Onondaga County Planning Board and any other agencies, individuals or departments as he deems appropriate.
A notice of the request for the special use permit shall be sent to all adjacent property owners at least 10 days prior to the meeting at which the Planning Commission conducts the public hearing and hears the applicant on the question. The Planning Commission shall render a decision on the request within 62 days from the date of the close of said public hearing.
A. 
Within 62 days from the close of the public hearing at which the applicant is heard on the request for a special use permit, the Planning Commission shall adopt a resolution setting forth its findings of fact and decision on the request. The Village Planning Commission shall base its decision in part on the following criteria:
(1) 
That the proposed use or structure in all respects meets the minimum requirements of this chapter.
(2) 
That all other necessary approvals, permits or authorizations required by any department, agency or bureau of any other governmental agency, including the County of Onondaga, State of New York or the United States, have been obtained or, if not, that any grant of a special use permit shall be conditioned upon obtaining such approvals, etc.
(3) 
That the character and neighborhood integrity of the land in the vicinity of the proposed use or structure will not be significantly disrupted or disturbed by the proposed use.
(4) 
That the proposed use is reasonable considering such factors as:
(a) 
Traffic generation and impact on existing transportation systems.
(b) 
Proximity to other uses inherently incorporated with the proposed use.
(c) 
Visual and aesthetic considerations regarding the proposed use.
(d) 
General compatibility of the proposed use with other uses in the vicinity.
(e) 
Availability of all municipal services.
(f) 
Any other factors affecting the general health, safety or welfare of the inhabitants of the Village of North Syracuse as the Village Board may deem germane or important.
(5) 
Compliance with any other specific criteria as hereinafter set forth as may be applicable to the proposed use.
B. 
The Planning Commission may, but shall not be required to, condition the approval of any such special permit upon the applicant's obtaining site plan approval in accordance with this chapter.
C. 
The location and size of the use, the nature and intensity of the operations involved, the size of the site in relation to it and the location of the site with respect to the existing or future streets giving access to it shall be such that it will be in harmony with the orderly development of the district, and the location, nature and height of buildings, walls and fences will not discourage the appropriate development and use of the adjacent land and buildings or unreasonably impair the value thereof.
The Planning Commission may impose conditions incidental to the issuance of a special permit which, in its opinion, are reasonable and necessary. Included by way of illustration and not limitation are restrictions upon the hours of operation of any such special permit use or improvements incidental thereto, including elements such as signs, and provided that these incidental elements are in compliance with the applicable provisions of this chapter.
The Planning Commission may impose additional standards on the special use to provide adequate safeguards to protect the health, safety, morals or the general welfare of the public and for the preservation of the general character of the neighborhood in which such proposed special use is to be placed, to minimize possible detrimental effects of the use on adjacent property.
No special permit shall be issued for a special use for a property where there is an existing violation of this chapter.
A special permit is not transferable and shall authorize only one special use and shall expire if the special use ceases for more than three months for any reason.
[Added 4-11-2019 by L.L. No. 3-2019[1]]
Gasoline and fuel filling station uses shall comply with the following minimum requirements:
A. 
The lot area shall be not less than 20,000 square feet and have a minimum frontage along a public right-of-way providing primary access of at least 150 feet.
B. 
No proposed site shall be within 200 feet of the property line of a public assembly use.
C. 
All fuel pumps shall be located at least 25 feet from any street line or 30 feet from any other lot line.
D. 
All fuel, oil, gasoline or similar substances shall be stored underground at least 10 feet from any lot line and at least 10 feet from any structure, and tanks shall be installed and maintained in accordance with the generally accepted standards of the New York State Uniform Fire Prevention and Building Code and shall be approved by the Fire Marshal before installation.
E. 
No building or accessory facility shall be closer than 35 feet to any boundary line of a residential district.
F. 
All servicing (other than washing and dispensing of fuel, oil, water and air) of vehicles must be performed indoors.
G. 
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 six feet. Opaque fencing may be substituted by the Planning Commission upon finding that such screening would provide a more effective buffer for the residential use.
H. 
A landscaped area at least eight feet in width from the lot lines 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 or concrete) four to six inches in height.
I. 
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.
[1]
Editor's Note: Pursuant to this local law, former § 240-63 was renumbered as § 240-63.1.
[Amended 4-11-2019 by L.L. No. 3-2019]
Motor vehicle service and repair uses shall comply with the following minimum requirements:
A. 
The lot area shall be not less than 12,000 square feet and have a minimum frontage along a public right-of-way providing primary access of at least 50 feet.
B. 
No proposed site shall be within 200 feet of the property line of a public assembly use.
C. 
No building or accessory facility shall be closer than 35 feet to any boundary line of a residential district.
D. 
No vehicle awaiting repair may be stored in the required yard setbacks or between the front building line and front property line; unregistered or junked vehicles may not be stored more than 30 days.
E. 
All repair, painting or servicing (other than washing) of vehicles must be performed indoors.
F. 
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 six feet. Opaque fencing may be substituted by the Planning Commission upon finding that such screening would provide a more effective buffer for the residential use.
G. 
For service area screening see Section 240-36, Screened service area requirements.
A. 
All sales, rental or leasing activities and vehicle storage or display shall be maintained within an enclosed structure.
B. 
Accessory services and facilities shall be subject to the provisions of § 240-63 above.
A. 
Provision for the stacking of five vehicles or for five vehicles waiting for service shall be maintained for each drive-in service window or unit. More than five stacking spaces may be required at the discretion of the Planning Commission.
B. 
The property must have a minimum frontage of at least 80 feet for each street it fronts upon.
C. 
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 six feet. Opaque fencing may be substituted by the Planning Commission upon finding that such screening would provide a more effective buffer for the residential use.
D. 
A landscaped area eight feet in width measured from the lot lines 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 or concrete) four to six inches in height.
A. 
The property must have a minimum frontage of at least 80 feet for each street it fronts upon.
B. 
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 six feet. Opaque fencing may be substituted by the Planning Commission upon finding that such screening would provide a more effective buffer for the residential use.
C. 
A landscaped area eight feet in width measured from the lot lines 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 or concrete) four to six inches in height.
A. 
For each residential unit, 1,000 square feet of lot area shall be maintained as open space for the residential occupants exclusive of required yard and parking spaces.
B. 
One parking space shall be maintained on site for each residential unit.
C. 
Access to the residential unit(s) shall be in compliance with all applicable safety and health codes.
Any change or modification to a use authorized by special permit shall require a new application for approval for such change or modification except the following:
A. 
Dangerous condition. Removal or repair of a dangerous condition when it is determined by an enforcement agency that circumstances exist which, if not corrected, contribute a threat to life, health or safety of the general public or such other persons for whose protection such regulations were intended. Such determination may be verbal or in writing. The term "enforcement agency" shall refer to any public agency or official having jurisdiction to issue orders affecting the life, health and safety of persons within the Village of North Syracuse.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Routine maintenance. Routine repair, replacement or maintenance of electrical or mechanical installations or of damaged or worn parts or surfaces, including repainting, facade repair and roof replacements.
C. 
Uses/ownership. Any change in ownership or management, unless such change involves changing the general category of use designation specified in this chapter.
D. 
Lot dimensions. Any change or modification in title due to condemnation.
E. 
Parking lot striping. Repaving or painting of driveway and parking areas without altering the approved traffic pattern.
F. 
Landscaping. Routine landscaping and plant replacement, or establishment of new landscaped area without altering the approved vehicular circulation and parking pattern or pedestrian circulation pattern, consistent with any applicable controls in the approved plan concerning height, location and visibility.
G. 
Screening devices. Repair or replacement in kind of existing screening devices.
H. 
Signs. Any change in signage on the subject premises so long as any such signage shall be in full compliance with this chapter or any variances heretofore approved.