[Amended 12-1-1997 by L.L. No. 6-1997]
The Planning Board is hereby authorized to grant
special use permits for proposed special exception uses which are
specifically provided for in this chapter. Such action may include
approval, approval with modifications or disapproval based on the
standards set forth in this article.
[Amended 4-7-1980 by L.L. No. 1-1980; 12-1-1997 by L.L. No.
6-1997]
A.
The Planning Board, unless otherwise provided herein,
shall follow the procedures and timetables and comply with the referrals
and reviews set forth in § 7-725-b of the Village Law. The
Planning Board shall adopt and file in the Village Clerk's office
such other rules of procedure as it may deem necessary for the proper
exercise of its responsibilities with respect to its determinations
regarding special use permits for special exception uses.
B.
Prior to taking action on any special exception use,
the Planning Board shall hold a public hearing after public notice
as provided in § 7-725-b of the Village Law. No action shall
be taken respecting such matter until all interested parties shall
have been given a reasonable opportunity to be heard.
C.
The Planning Board shall conduct a public hearing
within 62 days from the day an application is received on any matter
referred to it under this article. Public notice of said hearing shall
be printed in a newspaper of general circulation in the Village at
least five days prior to the date thereof. The Planning Board shall
decide upon the application within 62 days after the conduct of the
hearing. The time within which the Planning Board must render its
decision may be extended by mutual consent of the applicant and the
Planning Board. The decision of the Planning Board on the application
after the holding of the public hearing shall be filed in the office
of the Village Clerk within five business days after the day such
decision is rendered, and a copy thereof mailed to the applicant.
D.
An application for a special use permit shall not
be considered received by the Planning Board until it has a full written
statement of the proposed special exception use, together with any
site plan, survey, narrative statement of use or other documentation
reasonably required by the Planning Board in order to give proper
consideration to the applicant's request or is otherwise required
by this article or the rules of procedure duly adopted by the Planning
Board and filed in the Village Clerk's office.
E.
Notice to applicant and county planning agency. At
least 10 days before the public hearing, the Planning Board shall
mail notices thereof to the applicant and to the county planning agency,
as required by § 239-m of the General Municipal Law, which
notice shall be accompanied by a full statement of the matter under
consideration, as defined in Subdivision 1 of § 239-m of
the General Municipal Law.
F.
Compliance with State Environmental Quality Review
Act. The Planning Board shall comply with the provisions of the State
Environmental Quality Review Act under Article 8 of the Environmental
Conservation Law and its implementing regulations as codified in 6
NYCRR 617.
G.
Waiver of conditions. The Planning Board is authorized, when reasonable, to waive or modify any preestablished special conditions and safeguards for the approval, approval with modifications or disapproval of special use permits submitted for approval. Any such waiver may be exercised in the event that any such requirements are found not to be requisite in the interest of the public health, safety or general welfare or inappropriate to a particular special use permit. No waiver or modification of any special condition or safeguard is permitted unless the Planning Board shall determine that all the general standards in § 200-51 of this article are met and that the application of the special condition and safeguard is unnecessary.
H.
Conditions attached to the issuance of special use
permits. The Planning Board shall have the authority to impose such
reasonable conditions and restrictions as are directly related to
and incidental to the proposed special use permit. Upon its granting
of said special use permit, any such conditions must be met in connection
with the issuance of permits by the Code Enforcement Officer or other
applicable enforcement agents or officers of the Village.
I.
Application for area variance. Notwithstanding any
provision of law to the contrary, where a proposed special use permit
contains one or more features which do not comply with the zoning
regulations, application may be made to the Zoning Board of Appeals
for an area variance pursuant to § 7-712-b of the Village
Law without the necessity of a decision or determination of an administrative
official charged with the enforcement of the zoning regulations.
J.
The Planning Board shall keep minutes of its proceedings,
showing the vote of each member upon every question or, if absent
or failing to vote, indicating such fact. The Planning Board shall
also keep records of examinations and official actions, all of which
shall be filed within five business days in the office of the Village
Clerk and shall be a public record. Each decision of the Planning
Board with respect to the approval of a special use permit for a special
exception use shall be so stated and documented as to provide a definitive
authorization to the Code Enforcement Officer for issuing a building
permit or certificate of occupancy.
K.
A site plan for any proposed special exception use
in any district where authorized shall be submitted to the Planning
Board for approval prior to authorization by the Planning Board for
the issuance of a building permit or a certificate of occupancy.
L.
Building permits authorized by Planning Board action
on special exception cases shall be obtained within 30 days and shall
automatically expire if construction under the permit is not started
within 90 days, and the entire building or structure shall be completed
according to such filed and approved plans upon which the issuance
of such permit was based within one year. Extensions of these periods
may be granted by the Planning Board where good cause is shown.
M.
A special exception use for which a building permit
or certificate of occupancy is authorized by the Planning Board pursuant
to the provisions of this article shall be construed to be a conforming
use.
N.
Any violation of the limitations or special conditions and safeguards established by the Planning Board with respect to a specific authorization for a special exception use shall be deemed a violation of this chapter, punishable under the provisions set forth in § 200-96, Penalties for offenses.
O.
The fee for special exception use applications to
the Planning Board shall be as established from time to time by local
law or resolution of the Board of Trustees[1] and shall be paid by the applicant before the application
is considered received.
[1]
Editor's Note: A fee schedule is on file in
the Village offices.
For every such special exception use, the Planning
Board shall determine that:
A.
Such use will be in harmony with and promote the general purposes and intent of this chapter as stated in Article I.
B.
The plot area is sufficient, appropriate and adequate
for the use and the reasonably anticipated operation and expansion
thereof.
C.
The proposed use will not prevent the orderly and
reasonable use of adjacent properties in adjacent use districts.
D.
The site is particularly suitable for the location
of such use in the community.
E.
The characteristics of the proposed use are not such
that its proposed location would be unsuitably near to a church, school,
theater, recreational area or other place of public assembly.
F.
The proposed use, particularly in the case of a nonnuisance
industry, conforms to the chapter definition of the special exception
use where such definition exists or to the generally accepted definition
of such use where it does not exist in this chapter.
G.
Access facilities are adequate for the estimated traffic
from public streets and sidewalks so as to assure the public safety
and to avoid traffic congestion; and further, vehicular entrances
and exits shall be clearly visible from the street and not within
75 feet of the intersection of street lines at a street intersection
except under unusual circumstances.
H.
All proposed curb cuts have been approved by the street
or highway agency which has jurisdiction.
I.
There are off-street parking and truck loading spaces at least in the number required by the provisions of Article VII, but in any case an adequate number for the anticipated number of occupants, both employees and patrons or visitors; and further, the layout of the spaces and driveways is convenient and conducive to safe operation.
J.
Adequate buffer yards and screening are provided where
necessary to protect adjacent properties and land uses.
K.
Adequate provisions will be made for the collection
and disposal of stormwater runoff from the site and of sanitary sewage,
refuse or other waste, whether liquid, solid, gaseous or of other
character.
No authorization for a building permit shall be granted by the Planning Board for any use listed in this article unless the Board shall specifically find that, in addition to meeting all the general standards set forth in § 200-51, the proposed special exception use also meets the special conditions and safeguards required in the following sections.
A.
The lot shall be not less than 20,000 square feet
in area and shall have a minimum frontage of 150 feet along a major
street or highway.
B.
No church, school, library, playground or similar
place of public assembly shall be within 500 feet of the site.
C.
Storage area for vehicles waiting for service shall
be provided on-site and shall not occur on a public street or highway.
Not more than five motor vehicles shall be stored outdoors overnight.
D.
An automobile laundry shall not provide other than
washing, waxing, simonizing or similar treatment services.
E.
Outdoor storage and display of accessories, portable
signs and outdoor repair work shall be prohibited at all times. Premises
shall not be used for the sale, rent or display of automobiles, trailers,
mobile homes, boats or other vehicles.
A.
Commercial recreational uses shall be limited to those
customarily considered to be outdoor sports, except those sports that
are spectator-oriented or that are similar to automobile or motorcycle
racing.
B.
Supplementary accessory commercial uses designed to
support the principal use of the land shall be oriented in the site
plan and in appearance toward that principal use rather than to the
road frontage and transient services.
C.
Public access to such use shall only be from a New
York State highway.
D.
One identification sign not exceeding 32 square feet in area may be erected on each New York State highway frontage, provided that it is set back at least 50 feet from the right-of-way and that it meets all the general standards and specifications applicable to identification signs in Article VIII.
E.
All the activities of such recreational use shall
be contained on the site and at a sufficient distance from the boundaries
so as not to adversely influence the development of adjacent properties.
F.
The development plan for such site shall clearly demonstrate
the intent to maintain the site's natural environment in its native
condition and thus to conserve the appearance of the countryside and
minimize the impact of parking areas and of cleared wooded areas.
G.
The site shall have a minimum area of 100 acres, of
which no more than 50% shall be devoted to use. The remaining 50%
shall be maintained as a natural transition or buffer area.
A.
Vehicular entrances and exits shall be controlled
by curbing.
B.
There shall be adequate off-street parking and loading
space to serve the proposed use.
C.
There shall be adequate provision for disposal of
trash and refuse left on the premises.
D.
There shall be either a suitable fence or landscape
planting screen along side and rear lot lines.
A.
The lot shall be not less than 20,000 square feet
in area and shall have a minimum frontage along the principal street
or highway of at least 150 feet.
B.
No church, school, library, playground or similar
place of public assembly shall be within 500 feet of the site.
C.
All pumps and lubricating and other devices shall
be located at least 25 feet from any building, structure or street
line.
D.
Entrance or exit driveways shall be located at least
five feet from any side or rear property line. Such driveways shall
be so laid out as to avoid the necessity of any vehicle's backing
across any right-of-way.
E.
The area devoted to the outdoor storage of motor vehicles
or parts thereof or to purposes of dismantling shall be screened from
view of persons on adjacent streets by enclosing such area within
a solid fence eight feet high or such area shall be located inside
a building. Not more than five motor vehicles shall be stored outdoors
overnight.
F.
Outdoor storage of other than motor vehicles shall
be prohibited at all times. Premises shall not be used for the sale,
rent or display of automobiles, trailers, mobile homes, boats or other
vehicles.
There shall be at least 1,000 square feet of
lot area per guest room.
The lot area shall be not less than five acres,
and a proposed site development plan for the entire site, prepared
by a licensed professional engineer, shall be submitted for approval.
The initial development shall cover at least two acres, and subsequent
additions shall be not less than one acre each. The site development
plan shall reflect the following minimum standards and features:
A.
A street system with paved roadways having a minimum
width of 20 feet and with curbs or gutters, giving unobstructed access
to all mobile homes or house trailer spaces and having at least two
access drives to and from the public street.
B.
Established mobile home or trailer spaces of not less
than 2,400 square feet, with a minimum width of not less than 40 feet;
provided, however, that the overall site area per space shall be not
less than 5,000 square feet. Individual spaces shall be clearly defined
by permanent markers at each corner.
C.
Each mobile home or trailer space to have:
(1)
A forty-foot-wide driveway from the street with a
sixteen-foot all-weather hard, paved surface.
(2)
A stabilized gravel mobile home stand.
(3)
A four-inch concrete patio 10 feet by 18 feet in area
and a three-foot-wide paved walk out to the driveway.
(4)
An inconspicuous fuel-oil storage shelter.
(5)
Suitable weatherproofed utility connections.
D.
Separate off-street and off-driveway parking facilities
for automobiles and tow vehicles outside of the required yards at
the rate of one such space per each mobile home or trailer.
E.
All mobile homes and accessory structures shall be
at least 30 feet apart.
F.
Mobile homes or trailers shall be set back at least:
(1)
One hundred feet from the right-of-way line of any
public street or highway.
(2)
Twenty-five feet from mobile home court streets.
(3)
One hundred feet from all other property lines, except
that where such property line is also a zone district boundary line
for a residential district, the setback shall be 200 feet.
G.
On-site stormwater drainage system, including provisions
for well-drained mobile home spaces, interior private streets and
other public areas, as well as consideration for natural watercourses.
H.
Sewage disposal and water supply systems approved
by the Erie County Health Department shall be provided at each mobile
home and trailer space. The individual sewer connections shall have
a P-trap.
J.
A complete electrical system in conformance with National
Electrical Code provisions and the New York State Board of Fire Underwriters
or other authorized agency, including underground service cable and
outdoor lighting along all interior streets, entrances and exits and
in public open spaces, with at least one one-hundred-watt lamp fixture
approximately 15 feet above the ground for each 100 feet of street
length and an equivalent level of lighting over public open spaces.
[Amended 12-1-1997 by L.L. No. 6-1997]
K.
Garbage and trash collection points so located that
no mobile home is more than 100 feet from such a point, equipped with
an adequate number of metal garbage cans with tight-fitting covers
and appropriately screened from view.
L.
Centrally located public telephone, separate and adequate
sanitary facilities for men and for women and emergency public water
supply; provided, however, that drinking water facilities shall not
be placed in any toilet room or water closet compartment.
M.
A laundry facility and an outdoor drying yard with
suitable uprights to supply at least 50 square feet of drying space
per mobile home or trailer space. Such drying yards shall be conveniently
located and suitably screened from view.
N.
The location of other desired community facilities.
O.
An equipped recreation facility with an area equivalent
to the proportion of one acre per 100 mobile home or trailer spaces
in the court, but having an area of not less than 1/2 acre in any
case.
P.
A walkway system of paved or stabilized gravel all-weather
paths along interior streets and leading to public open spaces.
There shall be at least 2,500 square feet of
lot area for each first floor guest room and an additional 1,000 square
feet of lot area for each guest room on other floors.
A.
The lot area shall be not less than one acre.
B.
There shall be not more than one pupil for every 1,500
square feet of lot area.
C.
All buildings, structures and areas of organized activity,
such as play areas, swimming pools, etc., shall be not less than 75
feet from any property line.
D.
Off-street parking areas shall be not less than 50
feet from any property line.
E.
Only one permanent family dwelling unit shall be located
on the premises, and said dwelling unit shall comply with the provisions
of this chapter for the district in which the lot is located.
F.
Outdoor floodlighting and public-address systems are
prohibited.
G.
Only one sign, not larger than 12 square feet in area,
shall be permitted.
H.
Landscaping and fencing shall be provided as required
by the Planning Board.
No authorization for a building permit or permits
shall be granted unless the Planning Board shall specifically find
that the proposed special exception for the planned residential development
is in keeping with the intent of this provision to provide for flexible
planning of residential development while conserving the natural scenic
environment and to implement the Master Plan, as well as meets the
following special conditions and safeguards:
A.
An overall development plan shall be presented showing
the use or uses proposed, including dimensions indicating the areas
set aside for each use, and the locations of all structures, parking
spaces and rights-of-way or driveways and the provision for sewer
and water service facilities.
B.
Residential dwelling units may be in single-family,
two-family or multiple-dwelling structures, provided that the total
number of dwelling units shall not exceed that permitted by the applicable
district regulations per gross acre; and further provided that the
minimum yard provisions and, in the case of a multiple dwelling, the
minimum spacing between buildings shall be not less than those required:
C.
Open space or common land resulting from the planned
residential development design shall only be used for private or municipal
recreation, including natural parkland. Such land shall only be owned
by a nonprofit corporation or shall be offered for dedication to the
municipality or other public agency for the same uses; but in any
case of a nonprofit corporation, a preestablished offer of dedication
shall be filed with the municipality for acceptance if the nonprofit
corporation were ever discontinued or failed to maintain the private
recreation use or natural parkland.
D.
The proposed planned residential development shall
comply with all other applicable requirements of the municipality
with respect to land development.
A.
The site area shall be not less than 50 acres.
B.
Individual sites resulting from subdivision or from
leasing arrangements may average 40,000 square feet each, provided
that no site of less than 40,000 square feet may be located within
400 feet of the park's boundary; and further, that no site shall be
less than 20,000 square feet.
[Amended 12-1-1997 by L.L. No. 6-1997]
[Added 5-4-1987 by L.L. No. 3-1987]
[Amended 11-5-1979 by L.L. No. 11-1979; 1-2-1990 by L.L. No. 3-1990; 12-1-1997 by L.L. No. 6-1997; 4-28-2003 by L.L. No.
4-2003]
A.
Public and private swimming pools shall be approved
specifically with respect to the availability of water supply and
the adequacy of wastewater disposal as they affect both the subject
lot and the surrounding land use.
B.
Public and private swimming pools, their water and
electric supply systems and their enclosures shall be constructed,
installed and maintained according to the Uniform Fire Prevention
and Building Code of New York State.
C.
Public and private swimming pools shall comply with
all setback restrictions and shall be installed in the rear yard of
the premises and no closer than 10 feet to a dwelling. No swimming
pool shall be less than 10 feet from the side and/or rear lot line;
and on lots less than 50 feet in width, it shall be located midway
between the side lot lines and shall comply in all respects with a
site plan approved by the Planning Board.
A.
The lot shall be not less than 30,000 square feet
in area and have a minimum frontage along a state or county highway
of at least 110 feet.
B.
Access to off-street parking areas shall be so designed
that traffic to the site will not be encouraged to travel through
the minor street system.
C.
Off-street parking areas shall be set back at least
five feet from all property lines and shall not be located in any
required front or side yard.
D.
Off-street parking areas shall be screened from all
adjacent lots in any residence district, except those used for the
same use or for a hospital when agreement between the two property
owners exists, by a five-foot stockade-type fence or an equivalent
fence or natural screening located along such property lines.
E.
Such a building may include accessory services to
medical offices, including ethical pharmacy and restaurant services,
provided that there shall be no manifestation of such uses by outside
signs, displays, advertising or similar means; and further, that the
total floor area devoted to such accessory services shall not exceed
10% of the total rentable floor area of such building.
A.
The site shall be located on either a state or county
highway.
B.
The site shall have adequate land area for traffic
planning. The driveways and entrances and exits shall be approved
by the County Highway Engineer or the District Engineer of the State
Department of Transportation, depending on whose jurisdiction the
abutting highway or highways is or are located in.
C.
All driveways, parking areas and structures shall
be located at least 100 feet from any residence district boundary.
D.
All driveways, parking areas and structures shall
be landscaped in a manner which will make them compatible with surrounding
land uses, existing or future.
A.
The lot shall be not less than 20,000 square feet
in area and have a minimum frontage along a state or county highway
of at least 150 feet.
B.
No church, school, library, playground or similar
place of public assembly shall be within 500 feet of the site.
C.
All entrance and exit driveways shall be approved
by the County Highway Engineer or the District Engineer of the State
Department of Transportation, depending on whose jurisdiction the
highway is located in.
D.
All fuel pumps, lubricating and other devices shall
be located at least 25 feet from any building, structure or street
line.
E.
No repair work shall be performed outdoors.
F.
All fuel, oil, gasoline or similar substances shall
be stored underground and at least 10 feet from any and all lot lines
and shall be installed and maintained in accordance with the standards
of the National Board of Fire Underwriters.
G.
All dismantled automobiles, trucks, tractors, trailers
and similar equipment and parts and accessories thereof shall be stored
within a building.
H.
All parking areas for operating vehicles shall be
paved, curbed and drained in accordance with municipal specifications.
Such areas shall be at least 50 feet from any residence district boundary
and at least 10 feet from any property line. No vehicle shall park
or stand outside such paved parking area.
I.
Screening shall include planting of evergreen bushes
or trees in addition to a fence so that truck motor noise and the
sound of overnight operation of refrigeration units will tend to be
muffled.
A.
Any such installation of flammable liquids or gas
shall be in conformance with the applicable recommendations of the
National Board of Fire Underwriters.
B.
The recommendations of the local Fire Chief having
jurisdiction shall also be considered prior to approval of such a
use.
C.
All such uses shall be located on sites large enough
to contain the impact of any potential accident that might result
from their existence without damage to adjacent properties.
[Added 12-1-1997 by L.L. No. 6-1997]
A.
A home occupation or home professional office must
be conducted within a dwelling which is the bona fide residence of
the principal practitioner. Such home occupation or home professional
office may occupy up to 30% of the gross floor area of the residence
to be used for the conduct of the home occupation or home professional
office.
B.
The exterior appearance of the residential structure
shall not be altered nor shall the occupation or office use within
the residence be conducted in such a manner that would cause the premises
to differ from its residential character, either by the use of colors,
materials, construction, lighting, signs or the emission of sounds,
noises or vibrations.
C.
No outdoor display of goods or outside storage of
equipment or materials used in the home occupation or professional
offices shall be permitted.
D.
Each home occupation or professional office may be allowed to have one sign indicating the name and address of the occupant or permitted home occupation or professional office. Said sign shall be in conformance with Article VIII of this chapter.
E.
Home occupations and professional offices shall provide three hardtop parking spaces in accordance with Chapter A205, Parking Lots, of the Village Code for client use, in addition to the off-street parking spaces required for the dwelling.
F.
Home-operated physician or dentist offices shall provide five hardtop parking spaces for client use, plus one parking space for each nonresident employee in accordance with Chapter A205, Parking Lots, of the Village Code, in addition to the off-street parking spaces required for the dwelling.
G.
The Planning Board shall review and approve the amount
and location of landscaping and buffer screening to be provided to
limit the potential impact of such uses on adjacent properties.
H.
No more than one home occupation or home professional
use shall be permitted for each residential property.
[Added 12-1-1997 by L.L. No. 6-1997]
The Planning Board may approve applications
for the conversion of an existing structure for occupancy by one or
more families living as separate and independent nonprofit housekeeping
units in the R-6 and RM Residence Districts, provided that the following
standards are maintained:
A.
Any building proposed to be converted to create additional
living units shall have not less than 1,500 square feet of gross floor
area.
B.
No existing residential building shall be converted
to include more than three separate and independent living units.
C.
Following the conversion, the building must contain
at least one dwelling unit with not less than 800 square feet of floor
area.
E.
The minimum habitable floor area for living units
shall be 450 square feet for efficiency units; 550 square feet for
one-bedroom units; 800 square feet for two-bedroom units; and 900
square feet for three-bedroom units.
F.
For each dwelling unit proposed to be created by a
conversion, the minimum lot size shall exceed the minimum required
by 10%.
G.
The Planning Board shall determine that water supply
and sanitary sewer services are adequate to support the additional
density.
H.
The Planning Board shall determine that the street
system serving the site is adequate to carry the anticipated traffic
flows and that the proposal will not create a burden or nuisance for
neighboring property owners.
I.
Not less than two off-street parking spaces shall
be provided for each independent housekeeping unit.
J.
The Planning Board shall review and approve the amount
and location of landscaping and buffer screening to be provided in
order to minimize any adverse affect on neighboring property.
K.
Each residential unit shall be served with separate
utilities, meters and shutoff valves.
[Added 12-1-1997 by L.L. No. 6-1997]
It is the specific purpose and intent of the
Village to provide housing opportunities for elderly residents or
for infirm family members who require extended personal care but are
not so infirm as to require full-time care or nursing supervision
to live either within the same structure as the occupants of the principal
residence or on the same premises in a detached garage which is accessory
to the principal residence. Accessory apartments may be permitted
within any residential district by special exception granted by the
Planning Board. Should the conditions existing at the time of the
approval of the special exception change, the permit shall become
null and void.
A.
The accessory apartment shall be occupied by a parent,
either by blood, marriage, adoption or other domestic bond, of a member
of the family residing in the principal residential unit within the
structure.
B.
If the resident proposed to be the occupant of the
accessory apartment is not a parent of an occupant of the principal
residential unit, the applicant shall supply a letter from a physician
certifying that the intended occupant of the accessory apartment cannot
function independently and is in need of extended personal care or
supervision, but is not so infirm as to require full-time care or
nursing supervision.
C.
The accessory apartment may be a complete and independent
dwelling unit that can be isolated from the principal unit.
D.
No external change in the appearance of the structure
shall be made that would distinguish the premises from a single-family
residence.
E.
If the accessory apartment is to have a separate exterior
entrance, said entrance shall not be on any building facade that faces
a public street.
F.
The accessory apartment shall not exceed 35% of the
total floor area of the principal building or 550 square feet, whichever
is greater.
G.
The owner of the residence in which the accessory
unit is created shall occupy at least one of the dwelling units on
the premises.
H.
No less than three off-street parking spaces shall
be provided to serve the residents of the principal and accessory
residential units.
I.
Not more than one accessory apartment may be created
on any premises in a residence district.
J.
The special exception shall be granted for a two-year
period and may be renewed for the same period of time as long as the
same conditions are in effect. If the parent is deceased or the resident
requiring extended care is no longer occupying the accessory unit,
the permit shall not be renewed and the facilities that provide for
independent occupancy (i.e., kitchen and bath facilities) must be
removed. As an alternative to the removal of these facilities, the
occupant of the principal residential unit must submit plans that
show unhindered internal access to the entire dwelling as a condition
of the continuation of the certificate of occupancy.
[Added 12-1-1997 by L.L. No. 6-1997]
The Planning Board may approve a special exception
for bed-and-breakfast establishments in the R-8.5 and R-6 Residence
Districts and the B-1 Village Business District, provided that the
following standards and provisions are maintained:
A.
The minimum lot size, frontage and setback requirements
shall conform to the specifications set forth in the Table of Dimensional
Regulations and Table of Use Regulations. Said tables are located
at the end of this chapter.
B.
The building proposed for occupancy as a bed-and-breakfast
establishment shall contain no more than four lodging rooms for hire.
C.
The operator and operator's family of the bed-and-breakfast
establishment shall reside on the premises and shall be the only permanent
occupants on the premises.
D.
The structure proposed for use as a bed-and-breakfast
establishment shall meet the requirements of the Uniform Fire Prevention
and Building Code.
E.
Off-street parking space shall be provided as follows:
at least two spaces shall be provided for the family residing on the
premises, plus not less than one additional space for each lodging
room.
F.
Bed-and-breakfast facilities may be allowed to have one sign on the premises. Said sign shall be in conformance with Article VIII of this chapter.
G.
The exterior of the building shall maintain its residential
character consistent with the neighborhood area.
H.
The Planning Board shall specify the minimum amount
and location of landscaping and buffer screening to ensure that the
use does not create a nuisance for adjoining property owners.
[Added 12-1-1997 by L.L. No. 6-1997]
Shopping centers may be permitted in the CIP
Commercial-Industrial Park District, provided that the following standards
and provisions are maintained:
A.
The Planning Board shall determine that the physical
character of the site proposed for development as a shopping center
is adequate to accommodate the proposed use and that proposed facilities
for storm drainage, public water and sanitary sewer services are capable
of serving the site.
B.
The Planning Board shall determine that the street
system serving the site is adequate to carry the anticipated traffic
flows and that the proposal will not create a burden or nuisance for
adjoining property owners.
C.
Shopping centers shall be located on a site of not
less than two acres with not less than 200 feet of frontage on each
highway which fronts the site.
D.
Shopping centers shall be constructed in accordance
with an overall plan for the entire area and shall be designed with
a single architectural scheme with appropriate common off-street parking,
service road access and landscaping. The development shall provide
initially for the construction of either a minimum of 12,000 square
feet of ground floor area or a minimum of four of the permitted uses.
E.
Shopping centers shall not have more than one entrance/exit
to the site on each highway frontage. The location and width of said
entranceways shall be subject to approval by the Planning Board.
F.
Uses permitted include stores and shops where retail
goods are sold or personal and/or business services rendered which
are similar, but not limited to, the following:
(1)
Retail business establishments such as grocery stores,
drugstores, gift shops, variety stores and clothing establishments,
restaurants, appliance stores, video rentals, etc.
(2)
Personal service establishments such as barber- and
beauty shops, shoe repair shops, business and professional offices,
self-service laundries and dry-cleaning stores.
(3)
Other uses approved by the Planning Board.
G.
Off-street parking shall be provided at a ratio of
not less than one parking space per 150 square feet of gross floor
area. Private garage space for the storage of commercial vehicles
used in conjunction with a permitted business use shall also be permitted.
H.
Track loading and unloading areas shall be provided
in sufficient amount to permit the transfer of goods and materials
on the premises rather than on a public street or customer off-street
parking area on the premises.
I.
The regulations of Article VIII shall govern the location, size, number and characteristics of signs in a shopping center.
J.
The Planning Board may prescribe more restrictive
conditions deemed reasonable or appropriate with respect to improving
the design quality of a planned business center.
K.
A letter of credit shall be established and provided
prior to final approval of the planned business center to assure that
all parking, entrances, exits, facilities and services are installed
as required and proposed.
L.
Where a shopping center abuts a residence district,
there shall be a landscaped buffer strip not less than six feet in
height nor less than 50 feet in depth at the periphery of the shopping
center. This landscaped buffer shall be provided within the minimum
setback requirements. The buffer strip shall include dense landscaped
plantings and be perpetually maintained by the developer or owner
to provide a visual screen between the shopping center and the adjoining
residence district and shall be used for no other purpose.
M.
Lighting within the shopping center shall be provided
in a manner so as minimize potential disturbance to adjacent properties.
