On application, and after public notice and hearing, the Planning
Board may authorize the issuance by the Building Official of permits
for any of the conditional uses for which this chapter requires such
permits, in the district in which such use is proposed to be located.
In approving any such use, the Planning Board shall take into consideration
the public health, safety, and welfare and the comfort and convenience
of the public in general and of the residents of the immediate neighborhood
in particular and may prescribe such appropriate conditions and safeguards
as may be required in order that the result of its action shall, to
the maximum extent possible, further the expressed intent of this
chapter.
A.
Conditional use rules and regulations. The procedure for obtaining
a conditional use permit shall be identical to that of site development
plans and shall be conducted concurrently where applicable. The Planning
Board may, at its discretion, waive any of the rules or regulations
it considers not pertinent to conditional use approval.
B.
Conforming use. Any use for which a conditional use permit may be
required shall be deemed to be a conforming use in the district in
which such use is located, except as provided below, provided that
such permit shall affect only the lot or portion thereof for which
such permit shall have been granted.
C.
Nonconforming use of open land. In its review of the nonconforming
use of open land, the Planning Board may impose only such reasonable
conditions, including but not limited to the placing of fencing and
screening, as will minimize the impact such open use has upon surrounding
residential properties. In such cases the Planning Board may also
permit reasonable changes in existing structures on the land, within
the limitations of the district in which said use is located, for
the purpose of reducing the nonconforming open use of the land.
D.
Periodic renewal. The Planning Board may require that conditional
use permits be periodically renewed. Such renewal shall be granted
following a due public notice and hearing and may be withheld only
upon a determination by the Planning Board to the effect that such
conditions as may have been prescribed by the Planning Board in conjunction
with the issuance of the original permit have not been, or are being
no longer, complied with. In such cases a period of 60 days shall
be granted the applicant for full compliance prior to the revocation
of said permit. The sixty-day time period for full compliance only
applies for the first violation. If any subsequent violation occurs
the conditional use permit will be revoked.
Prior to approving any conditional use, the Planning Board shall
determine the conformity of such use and the proposed development
therefor with the conditions and standards as set forth in this chapter,
including the conditions and standards as set forth for site development
plans. Conditions prerequisite to approval of such uses are of a general
and specific nature. In various provisions of this chapter, specific
standards are enumerated for certain uses, which standards shall be
the minimum conditions for such use. The general conditions and standards
for conditional use approval are as follows:
A.
Harmony. The proposed use shall be of such location, size and character
that it will be in harmony with the appropriate and orderly development
of the district in which it is proposed to be situated and shall not
be detrimental to the site or adjacent properties in accordance with
the zoning classification of such properties.
B.
Traffic. The location and size of such use, the nature and intensity
of operations involved in or conducted in connection therewith, its
site layout, and its relation to access streets shall be such that
both pedestrian and vehicular traffic to and from the use and the
assembly of persons in connection therewith will not be hazardous.
C.
Adjacent land and buildings. The location and height of buildings,
the location, nature and height of walls and fences, and the nature
and extent of landscaping on the site shall be such that the use will
not hinder or discourage the development and use of adjacent land
and buildings.
D.
Fire and police protection. All proposed structures, equipment, or
material shall be readily accessible for fire and police protection.
E.
Public facilities and services required. The proposed use will not
require such additional public facilities or services or create fiscal
burdens upon the City greater than those which characterize uses permitted
by right.
F.
Inspection. As a condition of all conditional use permits, right
of entry for inspection with reasonable notice shall be provided for
to determine compliance with the conditions of said permit.
G.
Time limitation for completion. As a condition of all conditional
use permits, a time limitation for completion of proposed plans may
be imposed.
H.
Additional standards. In addition to the general standards for conditional
use permits as set forth above, the approving board may, as a condition
of approval of any such use, establish any other additional standards,
conditions and requirements, including a limitation on hours of operation,
as it may deem necessary or appropriate to promote the public health,
safety, and welfare and to otherwise implement the intent of this
chapter.
Nothing in this chapter shall restrict the construction or use
of underground or overhead distribution conduits of public utilities
operating under the laws of the State of New York. However, public
utility structures, water supply reservoirs, wells, sewage treatment
plants, water treatment facilities and transmission lines and towers
for electric power, telephone and gas are subject to the following
supplementary requirements:
A.
Public necessity. These uses shall be subject to a finding that a
public necessity exists for such use and that use of the particular
site for which application is made is necessary from the public standpoint.
B.
Within residential districts. Public utility buildings and electrical substations are permitted in a residential district only when the location within such district is necessary for the furnishing of service to customers, and provided that no business offices, warehouses, construction or repair shops or garage facilities are included, and provided that the Planning Board approves such application in accordance with the provisions of this section and § 535-80.
C.
Fencing. The Planning Board may require that such use be enclosed
by protective fencing with a gate, which shall be closed and locked
except when necessary for authorized personnel to obtain access thereto.
D.
Harmony with surroundings. The installation shall be so designed,
enclosed, painted and screened with evergreens that it will be harmonious
with the area in which it is located. The entire property shall be
suitably landscaped and maintained in reasonable conformity with the
standards of property maintenance of the surrounding neighborhood.
E.
Off-street parking. Adequate off-street parking areas shall exist
or be provided for maintenance, service, or other vehicles.
F.
Interference with reception. In appropriate cases, satisfactory evidence
shall be submitted establishing that there will be no interference
with radio and television reception on adjoining property in the neighborhood.
Membership clubs are subject to the following supplementary
regulations:
A.
Private nature. The privileges of any club shall be limited to bona
fide regularly enrolled members and their guests. The club shall be
operated solely for recreational, social, or athletic purposes and
not for pecuniary gain.
B.
Lawn parking. The Planning Board may reduce the parking requirement,
provided that the club facilities are so laid out that there are lawn
areas that could accommodate temporary overflow parking.
C.
Existing building. The Planning Board may permit the use of any existing
building meeting the setback requirements of this chapter for club
purposes, provided that the club meets all other standards and requirements
of this chapter.
D.
Public address systems. The Planning Board may permit the use of
outdoor public address systems, provided that no more sound shall
carry beyond the limits of the club site than would be inherent in
the ordinary residential use of the property.
E.
Nuisance. No club shall be operated so as to create a nuisance to
surrounding properties. The Planning Board may require such facilities
as are required to protect neighbors from any nuisances or hazards
which would be inherent in the operation of the club.
F.
Caretaker. One dwelling unit may be located in the clubhouse for
the use of a caretaker and his/her family.
G.
Change of use. A conditional use approval shall be issued to a qualified
organization for a specific use or purpose and for a maximum number
of members or seating capacity, and a new approval shall be required
for any change of organization, use or purpose or increase in maximum
membership or seating capacity.
Hotels and motels are subject to the following supplementary
regulations.
A.
Nonresidential units. Hotel and motel units shall not contain kitchen
facilities of any nature, shall not be used as apartments for nontransient
tenants, shall not contain more than two rooms and shall not be connected
by interior doors in groups of more than two.
B.
Site area. There shall be no more than one hotel or motel unit for
each 3,000 square feet of site area exclusive of the area between
the lot lines and the minimum required setback lines.
C.
Room size. Each hotel or motel room shall have an area of at least
300 square feet. Each hotel or motel unit shall have a bath facility
with a shower and/or bath, one toilet facility and a sink. No hotel
or motel building shall exceed the height of 35 feet.
D.
Accessory uses. The following accessory uses shall be permitted:
(1)
One apartment for the use of the manager or caretaker and his/her
family.
(2)
One coffee shop for hotels and motels with no more than 25 rooms.
For hotels or motels with more than 25 rooms, a restaurant with bar
facilities and a coffee shop are permitted.
(4)
Office and lobby, provision of which shall be mandatory for each
hotel or motel.
(5)
Meeting and/or conference rooms and banquet facilities.
E.
Fire protection. All hotels and motels shall be equipped with sprinkler
and fire alarm systems.
Motor vehicles service stations are subject to the following
supplementary requirements:
A.
Proximity. No station shall be located closer than 200 feet to a
school, public recreation area, church or hospital, measured to the
lot lines thereof.
B.
Access. Access points shall be located a minimum of 100 feet from
the intersection of designated street lines.
C.
Setbacks. Pumps, pump islands and canopies are structures and shall
not be located within any required setbacks. No outdoor display of
products not associated with the service station use shall be permitted.
D.
Screening. A ten-foot-wide landscaped area shall be provided along
all motor vehicle service station property lines, excluding the front
line, property lines adjacent to existing commercial uses and access
points.
E.
Maintenance and operation. Due to the extent of land use impacts
from such stations which are a product of exterior operations, the
following requirements shall be made and noted on the site development
plan:
(1)
All vehicles except one tow truck shall be stored within a building
when the facilities are not open for business. However, licensed vehicles
parked for minor repairs may be left outside for a period not to exceed
72 hours. At no time shall any unlicensed or dismantled vehicles be
outside a building. No car, truck or trailer rentals or sales shall
be permitted.
(2)
There shall not be any outside storage or display of accessories
or portable signs when the facility is not open for business.
(3)
Waste materials may be temporarily stored in a completely fenced-in
opaque enclosure adjacent to the facility. The area of such enclosure
shall not exceed 200 square feet.
(4)
No repair work may be performed out of doors, with the exception
of simple repairs normally performed in conjunction with the sale
of gasoline, such as adding oil.
F.
It shall
be a condition noted on every site development plan that no operations
shall commence at the motor vehicle service station until the owner
or operator of the station provides documentary evidence to the appropriate
City officials (i.e., Building Department and/or Fire Inspector) that
the station has been properly registered with the New York State Department
of Motor Vehicles as a repair facility in accordance with New York
State Vehicle and Traffic Law § 215 and 15 NYCRR Part 82.
This condition shall also apply to any subsequent individual or entity
that utilizes the site as a motor vehicle service station following
initial approval. Any such successor operator of the site shall have
90 days from the date of transfer from the prior owner/operator to
provide evidence of registration to the City.
[Added 11-28-2022 by L.L. No. 10-2022]
Motor vehicle, boat and trailer sales establishments are subject
to the following supplementary requirements:
A.
Repair work. All repair work is done within a totally enclosed soundproof
building.
B.
Outdoor storage. The outdoor storage of motor vehicles, boats and
trailers is limited to new motor vehicles, boats and trailers for
sale on the premises and used motor vehicles, boats and trailers acquired
as trade-ins upon new vehicles sold on the premises.
C.
Primacy of sale of new motor vehicles, boats and trailers. The permitted
repair shop, motor vehicle, boat and trailer storage and used motor
vehicle, boat and trailer sales shall continue so long as the sale
of new motor vehicles, boats and trailers continues and all are conducted
under the same ownership as one enterprise.
D.
Exterior lighting. Outdoor area lighting generally shall be that
necessary for security purposes, and lighting for illuminating an
outdoor sales area shall be restricted to the front 1/2 of the lot
depth, shall not be permitted in the front setback, and shall be reduced
to security lighting at the close of business. All outdoor lighting
shall be located at a height not more than 14 feet above ground level
and shall be so directed and shielded that the beams are directed
vertically to the ground or to the front of the lot and no source
of illumination shall be visible beyond lot lines.
E.
Screening. Additional evergreen buffer must be provided around all
storage or repair areas if the same abuts the side or rear yards of
adjacent residential property.
Multiple dwellings are subject to the following supplementary
requirements:
A.
Compatibility. Multiple dwellings and related accessory structures shall not be approved by the Planning Board without first determining that the location of the proposed use, the structures proposed, and the general character of the development are compatible with their surroundings and such other requirements as this chapter may apply. The maximum density that may be approved by the Planning Board is indicated in Subsection C(3) below. In consideration of the resources and physical conditions of the site and the general character of the area, the Planning Board may determine that a lower density should be permitted.
B.
Ownership. The entire site occupied by a multiple dwelling and related
accessory structures shall be maintained in single or group ownership
or common control throughout the life of the development.
C.
Intensity of use. Based on consideration of the following criteria,
the Planning Board shall determine the maximum number of dwelling
units that the site is capable of supporting without causing adverse
effects to the resources of the City:
(1)
The maximum number of dwelling units that may be approved in a development of multiple dwellings shall be computed by dividing the usable area in acres of the site by the sum of the lot area requirements for all dwelling units, based on habitable rooms in each dwelling unit, as provided in Subsection C(3) below.
(2)
The usable area of the site shall not include those portions of the
site that are occupied by water bodies, wetlands, floodplains, high
tides, slopes in excess of 20%, rights-of-way of existing public or
private roads, and utility easements that would prevent use or development
of the underlying land in any manner.
(3)
Maximum density.
|
Habitable Rooms in Dwelling Unit
|
Lot Area Requirements for Dwelling Unit
(square feet)
|
Livable Floor Area/d.u.
(square feet)
|
|---|---|---|
|
1
|
2,000
|
600
|
|
2
|
2,500
|
800
|
|
3
|
3,000
|
1,000
|
|
4 or more
|
3,500
|
Additional rooms 120 square feet each
|
(4)
The maximum number of dwelling units shall not be approved unless,
in the judgment of the Planning Board, the site plan indicates adequate
design and management of open space areas according to all of the
following criteria:
D.
Site planning standards.
(1)
Access facilities shall be adequate for the estimated traffic to
and from the site to assure the public safety and to avoid traffic
congestion in the surrounding neighborhoods.
(2)
Vehicular entrances and exits shall be clearly visible from the street
and shall be at least 125 feet from any street intersection. At the
intersection of such entrances and exits with the main street, sight
distances along the main street shall be at least 300 feet in each
direction.
(3)
The distance between the rear of the principal building and any other
principal building shall not be less than 100 feet, nor less than
twice the height of the taller building.
(4)
The distance between the side of a principal building and the side
of any other principal building shall not be less than the height
of the taller of the two buildings.
(5)
The site shall be served by central sewer and water facilities which
shall be approved by all agencies having jurisdiction.
(6)
Any parking or garage area, service or drying yard, or active recreation
area shall be screened so as to adequately protect the view of neighboring
properties as well as to assure an attractive environment within the
site.
(7)
There shall be provided on any multiple dwelling site usable open
space at the rate of 700 square feet per dwelling unit. Utilizing
the latest edition of The New Practitioner's Guide to Fiscal Impact
Analysis, published by the Center for Urban Policy Research of Rutgers
University, Exhibit 17, Regional and National Demographic Multipliers
for Common Configurations of Standard Housing Types for Pre-School
Children, there shall be provided usable open space for the outdoor
play of younger children at the rate of 100 square feet per one preschool-age
child (or fraction thereof) projected as being generated by the proposed
housing type(s) according to the proposed number of bedrooms per unit.
Such outdoor play area for children shall not be less than 25 feet
in its least dimension and shall be preserved and maintained by the
owner or homes' association and may be suitably fenced or screened
by plantings. Such outdoor play area for children may be counted as
part of the required usable open space area per dwelling unit.
(8)
In any multiple dwelling development, front, rear and side yards
shall be established for each block bounded by streets.
(9)
A buffer strip shall be provided between any multiple dwelling site
and the adjacent properties in any residential districts. The buffer
strip shall be at least 50 feet in depth, of which a maximum of 20
feet may be used for parking, and the 30 feet closest to the property
line shall contain plantings, either existing or proposed, sufficient
to screen the multiple dwelling site from adjacent uses.
(10)
No off-street parking areas or spaces shall be located in any
such front yard or within 30 feet of any side or rear lot line of
the overall site.
A.
Accessory apartment.
(1)
An accessory apartment may be permitted in any R-1, R-2, and NMU
Residence District, provided that:
(a)
The lot meets the requirements of the zoning district for a
two-family home.
(b)
Adequate off-street parking is available.
(c)
Adequate water supply and sewage disposal facilities are available.
(d)
The accessory apartment contains at least 600 square feet and
not over 800 square feet of usable floor area.
(2)
The accessory apartment may be owner- or caretaker-occupied. In making the conversion, the property owner must comply with the requirements of §§ 535-80 and 535-81 of this chapter. These sections deal with site development plan rules and regulations. Since the office use is a commercial use, site plan approval is required. The Planning Board shall review proposed parking, traffic access, landscaping and screening, appearance, development proposals, environmental considerations and impact on the neighborhood as a result of the proposed conversion.
B.
Conversion of an existing dwelling. An existing dwelling may be converted
to a two-family dwelling or multiple dwelling, provided that:
(1)
In the R-1 Zone:
(a)
Conversion of a dwelling erected prior to the enactment of this
chapter to a two-family dwelling shall be governed only by the requirements
as to lot area per dwelling, livable floor area, and off-street parking.
(b)
The exterior of any building to be converted to two-family use
shall not be enlarged, extended or altered, except as permitted by
the Planning Board.
(2)
In the R-2 and NMU Zones:
(a)
Conversion of a dwelling erected prior to the enactment of this
chapter to more intensive residential use shall be governed only by
the requirements as to lot area per dwelling, livable floor area,
and off-street parking.
(b)
The maximum number of dwelling units that may be permitted in any conversion to multiple dwelling use shall be as set forth in § 535-89C(3) of this chapter, but in no case shall the number of units permitted exceed the number permitted under the Table of Bulk Requirements, Column P.[1]
[1]
Editor's Note: The Table of Bulk Requirements is included at the end of this chapter.
(c)
The exterior of any dwelling to be converted to multiple dwelling
use shall not be enlarged, extended or altered, except as required
for compliance with the New York State Multiple Dwelling Law.
