Adams City Zoning Code
ARTICLE V
Special Uses
§ 305-9 Procedure.
Following are the procedural steps that an applicant shall undertake for a special permit review. Only those actions listed under Article IV - Schedule I as special uses need to undergo this review. A special permit must be approved by the Village Planning Board if it meets the conditions established for the respective use.
A.
Application for special use permit must be made to the Village Planning Board on a form prescribed by the Village.
B.
The Planning Board may require the applicant to furnish such information as may be required for an understanding of the proposed use. In reaching its decision on the proposed use, the Planning Board shall consider, among other things, the need for the use in the specified location, the existing character of the area in which the use would be located, the potential affect of the use on the neighborhood, the safeguards provided to minimize possible detrimental effects of the proposed use on adjacent property and the manner in which the use meets the criteria established in this article.
C.
The Planning Board shall hold a public hearing on the proposal, with appropriate public notice, as provided by Village Law.
D.
The Planning Board prior to their hearing and vote thereon shall refer special permit actions under the jurisdiction of General Municipal Law Article 12B, § 239 m, to the Jefferson County Planning Board for their review and action.
E.
The Planning Board shall approve or deny the special permit request based upon its conformance with Village Law, legal parameters and the criteria established in this chapter for such special uses.
F.
No changes in the project, as shown on approved plans, shall be permitted without following the same procedure as originally required. If the project is abandoned, the special permit is nullified.
G.
The cost of the hearing, publication in newspaper and other public notice provisions shall be paid by the applicant.
§ 305-10 Specific special uses and their requirements.
Following is a list of special use requirements. These are specific requirements for some uses and must be followed. Uses that are not listed herein and are listed as special uses in Article IV - Schedule I shall meet the general criteria for all special uses found in § 305-11 of this article.
B.
Hotels and motels.
(1)
Traffic access. Roads shall be adequate in grade, width, alignment, visibility and properly related to other nearby traffic circulation conditions to meet Village standards.
(2)
Off-street parking. There shall be provided on the site of such development an area or areas devoted to the parking of automobiles. The required number of off-street parking spaces shall be determined from the Off-Street Parking Schedule.
(3)
Exterior lighting and signs. Illuminated signs and other exterior lighting shall be directed away, or shielded from, adjoining properties in such a manner as not to disturb the occupants thereof.
(4)
Proper landscaping. The proposed site shall be properly landscaped, the purpose of which is to further enhance the natural qualities of the land. Where adjacent land use dictates, proper screening and buffer zones may be required. Proper landscaping shall be provided along all walks and streets and around recreation areas.
(5)
Open space. A minimum of 25% of the site shall be developed as open space. Parking areas and vehicle access facilities shall not be considered in calculating open space.
(6)
Such uses shall have a minimum area of 150 square feet of rentable space for each unit, exclusive of bathroom facilities.
(7)
Each rentable unit shall include a minimum of one bedroom and a shower or bathroom with toilet.
C.
Sales and rental operations for motor vehicles, marine uses, recreational vehicles, trailers.
(1)
Such sales and rental operations shall be located at least 50 feet from the nearest residential lot line.
(2)
When within 200 feet of a residential structure, such operations shall be screened from adjacent residential property by a fence, hedge or other planting or structure so as not to be visible from the adjacent property.
(3)
The use shall not cause undue noise, odor or lighting glare that is objectionable or harmful to the neighborhood.
(4)
Such operations that also have service facilities for the same equipment shall meet the special requirements of "automobile service stations and public garages" in this section.
(5)
The use shall not cause electrical disturbances that will disrupt communications reception in neighboring areas.
(6)
The lot where the products are displayed and the parking spaces on lot shall be constructed of all-weather (e.g., gravel, paved, etc.) materials to meet Village standards.
(7)
The use shall provide sufficient parking spaces to accommodate business uses as listed under the off-street parking requirements. In addition the lot shall be of adequate size to accommodate the maximum number of products that are for sale or rent.
D.
Automobile service station and public garages.
(1)
All motor vehicle service stations shall be so arranged and all gasoline and/or fuel pumps shall be so placed, as to re- quire all servicing on the premises no closer than 20 feet to any street right-of-way line. No gasoline pump shall be placed closer than 20 feet to any side property line.
(2)
All junk, waste, and servicing materials shall be stored with- in a structure or enclosed within fencing so as not to be visible from off the property.
(3)
Underground tanks shall be not less than 50 feet from the property line, unless otherwise approved by the Planning Board.
(4)
Entrance and exit driveways shall be located at least five feet from any side or rear property line.
E.
Fraternal clubs, private clubs, sportsmen's associations, and other places of public and private assembly.
(1)
A sufficient number of parking spaces shall be provided to comply with the off-street parking requirements of this chapter.
(2)
All such clubs shall be at least 50 feet from any residential lot line.
(3)
Adequate lighting shall be provided in parking and walk areas to reduce safety hazards.
(4)
There shall be no excessive noise, odors or dust arising from the use.
§ 305-11 General special use criteria.
Following is a list of the general criteria that those special uses not listed above, as well as those listed, must meet before special permit approval is granted by the Planning Board.
A.
The proposed special use must not conflict, by virtue of its character, with neighboring uses.
B.
The proposed special use shall not cause undue noise, vibration, odor, lighting glare, and unsightliness so as to detrimentally impact on adjacent properties.
C.
When a commercial special use abuts a residential property, the Planning Board may find it necessary to require screening of sufficient height and density (i.e., fences, hedges, etc.) to reduce or eliminate the conflicting environmental conditions previously mentioned. The Board shall use similar uses found elsewhere in this chapter to specify the type of screening required.
D.
Electrical disturbances shall not be caused so as to disrupt radio or television communications in the immediate area.
E.
The proposed use shall meet the off-street parking and loading requirements of similar uses.
F.
Appropriate on-lot drainage is required to eliminate any potential on-site water related problems. The drainage systems instituted shall not detrimentally impact on adjacent properties.
G.
All uses shall meet state sanitary waste provisions (New York State Health and Environmental Conservation Departments) or the Village sanitary waste provisions.
H.
Proposed uses shall meet the sign requirements for the respective district.
I.
Traffic access to and from the site, as well as on lot, shall be so constructed as to reduce traffic hazards. The Planning Board shall review and approve all such proposals.
J.
All such uses shall be attractively landscaped. This shall involve grading, seeding, and regular mowing of the front yard area at a minimum.