Albion City Zoning Code
ARTICLE VII
Special Use Permit Regulations and Criteria
§ 103-47 General provisions.
The uses specified in this article are hereby declared to possess unique characteristics requiring that each proposal for any such use shall be considered by the Planning Board as an individual case. Upon application, special use permits may be approved by the Planning Board and issued by the Code Enforcement Officer in accordance with the administrative procedures set forth in this chapter and only after it has found that each and all of the following standards have been met:
A.
The proposed special use is consistent with the general intent of the Town's Comprehensive Plan and with each of the specific purposes set forth in this chapter.
B.
The location, size and use of the structures involved, nature and intensity of the operations involved and size and layout of the site in relation to the proposed special use are such that it will be compatible with the orderly development of the use district.
C.
Operation of the proposed special use is no more objectionable to the uses of nearby properties, by reason of dust or smoke emission, noise, odors, fumes, pollution of air or water, including subsurface waters, unsightliness or similar conditions, than would be the operation of any permitted use.
D.
The proposed special use satisfies each and all standards and conditions specified for such special use by the relevant provisions of this article.
E.
The Planning Board may impose additional conditions or restrictions as it may deem necessary prior to approving any special use permit application in order to protect public health and safety, the quality of the Town's natural resource base and the value of property. The Code Enforcement Officer shall make an on-site visit to each property authorized as a special use not less than one time each year. The purpose of said site visit is to insure that the use is being operated in accord with the conditions specified by the Planning Board. If the Code Enforcement Officer shall determine that a violation of this chapter or the conditions imposed by the Planning Board exists, the certificate of occupancy and/or certificate of compliance shall be null and void. A new special use permit application shall be required to be submitted and approved prior to the reestablishment of said use.
F.
No site preparation or construction shall commence nor shall existing structures be occupied for any special permit use until final site plan approval has been granted by the Town Planning Board and permits have been issued by all governmental agencies involved.
§ 103-48 Airports.
The Planning Board may approve a special use permit for private or commercial airports or airstrips in the A/R - Agricultural/Residential District provided the following standards and provisions are maintained:
A.
An application for the establishment, construction, enlargement or alteration of an airport shall include, in addition to requirements for special use permits outlined in Article IX, the following statements and information:
(1)
Name and address of the proponent.
(2)
Classification of the proposed airport, such as commercial or restricted.
(3)
Number and type of aircraft expected to be based at the airport initially and within five years.
(4)
Whether an instrument approach procedure will be offered.
(5)
Statement as to the anticipated number of daily operations.
(6)
Copy of the airspace clearance granted by the Federal Aviation Administration for this airport, including USGS topographic map.
(7)
A copy of the New York State Commissioner of Transportation's determination that the airport is in compliance with the provisions of § 249 of the New York State Business Law.
(8)
A site plan of the airport which includes the following, in addition to the requirements listed in Article X:
(a)
Scale no smaller than one inch equals 100 feet.
(b)
Location of all existing and proposed structures.
(c)
Alignment of existing and/or proposed runways shown in their exact location.
(d)
Location of aircraft parking and tie-down areas.
(e)
Provision for vehicular access and off-street parking.
(f)
Provisions for sanitary waste disposal and water supply, if applicable.
(g)
Location and method of all fuel storage facilities.
B.
The Planning Board may, at its discretion, exclude from the requirements of Subsection A(8) above, any private airport established, constructed or maintained by an individual on his property for his personal or hobby use; provided, however, that the following conditions are met:
(1)
The average number of hours that the airport is in use each week does not exceed 12 hours.
(2)
The individual owns no more than three planes none of which is designed to accommodate more than six persons, including the pilot.
(3)
The airport is not utilized for any industrial or commercial purposes.
C.
The Planning Board, in considering a request for a special use permit or the extension of a permit to operate an airstrip, may impose any conditions it deems necessary to protect the health, safety and public welfare of the Town.
§ 103-49 Bed-and-breakfast establishment.
The Planning Board may approve the use of a residential structure for a bed-and-breakfast establishment in the A/R, R-1 or B District provided that the following standards and provisions are maintained:
A.
The building proposed for occupancy as a bed-and-breakfast establishment shall contain no more than four lodging rooms for hire.
B.
The operator of the bed-and-breakfast establishment shall reside on the premises.
C.
The dwelling shall not be altered in a manner which would cause the premises to differ from its residential character, nor shall any extensions or additions to the dwelling be made for the purpose of renting such space for overnight accommodations.
D.
The use of out buildings detached from the principal dwellings shall not be used for the purpose of a bed-and-breakfast establishment.
E.
A minimum of one off-street parking space shall be provided for each rentable unit, in addition to the two spaces required for a single-family dwelling. No such parking space shall be located in the front yard area and each space shall not be less than nine feet by 20 feet.
F.
The dwelling may display a sign not to exceed two feet by two feet in size.
G.
No bed-and-breakfast establishment shall be permitted where access is provided by a shared driveway.
H.
No bed-and-breakfast establishment shall be permitted in an individual manufactured home or manufactured housing park.
I.
Each rentable unit in a bed-and-breakfast establishment shall maintain a working smoke detector.
J.
Such uses shall comply in full with the Orleans County Sanitary Code and the New York State Uniform Fire Prevention and Building Code.
§ 103-50 Camping grounds.
The Planning Board may approve a special use permit for camping grounds in the Agricultural/Residential (A/R) District provided that the following standards and provisions are maintained:
A.
Camping grounds shall be occupied only by travel trailers, pickup coaches, motor homes, camping trailers, recreational vehicles, and tents suitable for temporary habitation and used for travel, vacation and recreation purposes. No permanent external appurtenances such as carports, cabanas or patios may be attached to any travel trailer or other vehicular accommodation parked in a camping ground. The removal of wheels and placement of a unit on a foundation in a camping ground is prohibited.
B.
Minimum site area: 10 acres.
C.
Minimum sizes for individual campsites: 25 feet by 80 feet to accommodate areas with travel trailers and campers; and, 25 feet by 50 feet for areas to be occupied exclusively with tents.
D.
Not more than 10 travel trailers, campers, tents, recreational vehicles or motor homes shall be permitted per acre of gross site area.
E.
A camping ground shall be so located that no entrance or exits from a site shall discharge traffic into any residential area nor require movement of traffic from the camping ground through a residential area. A camping ground shall have a minimum of 150 feet of frontage on a public street.
F.
Conditions of soil groundwater level, drainage and topography shall not create hazards to the property or to the health or safety of the occupants. Natural vegetation shall be retained wherever possible. The site shall not be exposed to objectionable smoke, noise, odors, or to other adverse influences, and no portion of the camping grounds subject to flooding, subsidence or erosion shall be used for any purpose which would expose persons or property to hazards.
G.
Management headquarters, recreational facilities, toilets, dumping stations, showers, coin-operated laundries, and other uses and structures customarily incidental to the operation of camping grounds are permitted as accessory uses to the camping grounds. In addition, retail stores and other convenience establishments shall be permitted as accessory uses in camping grounds in such districts where such uses are not allowed as principal uses, subject to the following restrictions.
(1)
Such establishments and the parking areas primarily related to their operations shall not occupy more than 5% of the gross area of the camping ground. Such establishments shall be restricted in their use to occupants of the camping ground.
(2)
Such establishments shall present no visible evidence from any street outside the camping ground of their commercial character which would attract customers other than occupants of the camping ground.
(3)
The structures housing such facilities shall not be directly accessible from any public street, and shall only be accessible from a street within the camping ground.
H.
Plans for sewage disposal and water supply shall be designed in accordance with standards promulgated by the New York State Department of Health and/or Environmental Conservation, and shall receive approval from said agencies.
I.
J.
Recreation facilities. A minimum of 8% of the gross site area for the camping ground shall be set aside and developed as common use areas for open or enclosed recreation facilities. No travel trailer site, required buffer strip, street right-of-way, storage area or utility site shall be counted as meeting recreational purposes.
K.
Entrances and exits to camping grounds shall be designed for safe and convenient movement of traffic into and out of the camping ground and to minimize friction with movement of traffic on adjacent streets. All traffic into or out of the camping ground shall be through such entrances and exits. No entrance or exit shall require a turn at an acute angle for vehicles moving in the direction intended. Road curbs shall have a minimum radius of 50 feet and shall be designed for "drive-thru" campsite parking.
L.
An adequate lighting system shall be provided for the camping ground. Pedestrian walkways shall be provided to lead to all parking areas, rest rooms or other service buildings. All walkways shall have adequate lighting.
M.
All utilities shall be underground.
N.
Not less than one covered twenty-gallon garbage receptacle shall be provided for each camp site. No campsite shall be situated further than 100 feet from a garbage receptacle. Garbage and rubbish shall be collected and disposed of as often as may be necessary to insure sanitary conditions.
O.
All applicable sanitation standards promulgated by the State of New York County of Orleans, or the Town of Albion, shall be met.
P.
Setbacks. Each building or structure within a camping ground shall comply with the setback regulations applicable to the zoning district in which such camping ground is located, except that travel trailers, campers, tents, motor homes, and the motor vehicles propelling or carrying the same may be located not closer than 25 feet to any side or rear lot line nor closer than 60 feet to any front lot line.
Q.
Campsites and buildings shall be set back not less than 50 feet from any stream which carries water more than six weeks per year.
§ 103-51 Cluster residential developments.
The Planning Board may approve a special use permit for cluster residential developments of one-family dwellings in the A/R - Agricultural/Residential Districts and in the R-1 - Residential District provided that the following standards and provisions are maintained:
A.
A site development plan shall be submitted in conformance with the requirements of Article X of this chapter.
B.
The minimum tract size shall be 15 acres.
C.
The lot size, yard, area and height requirements shall be established on an individual case basis which reflects the unique conditions of each site proposed for development, the potential impact on adjacent properties and to insure consistency with the Town Comprehensive Plan.
D.
The number of lots or units (density of development) in a cluster plan shall not exceed that which could be created under a conventional development plan for the same tract of land.
E.
The developers shall set aside an area of not less than 20% of the gross acreage of the tract to be devoted exclusively to permanent recreation areas or open space.
F.
All recreation or open space areas shall, in the opinion of the Planning Board, be suitable for such use. The ownership and future maintenance of such recreation areas shall be subject to the approval of the Planning Board or offered for dedication to the Town.
G.
In determining the overall density to be allowed for a residential site, all areas of the site will be included.
§ 103-52 Drive-in business.
The Planning Board may approve a special use permit for a drive-in restaurant in the B General Business District provided that the following standards and provisions are maintained:
A.
The following information shall be submitted as part of the application for site plan approval and for a special use permit for a drive-in business, in addition to that information required in other sections of the chapter.
B.
All drive-in businesses shall be a minimum of 200 feet from other such businesses, which distances shall be computed as follows:
(1)
For such businesses on the same side of the street, 200 feet measured between the two closest property lines.
(2)
For such businesses on opposite sides of the street, 200 feet measured diagonally between the two closest property corners.
(3)
For four-corner intersections, one such business may be located on a diagonally opposite corner exclusive of the two-hundred-foot distance requirement.
C.
Banks with drive-in facilities shall be permitted provided that at least five car length spaces are provided in the approach drive within the property line of the lot for each drive-in teller's window. Such spaces shall be exclusive of required off-street parking spaces.
D.
All drive-in businesses shall provide suitable storage of trash in areas which are so designated and constructed as to allow no view of the trash storage from the street, to prevent wastepaper from blowing around the site or adjacent properties or public right-of-way, and to permit safe, easy removal of trash by truck or hand.
E.
The minimum distance from any driveway to a property line shall be 20 feet.
F.
The minimum distance between driveways on the site shall be 50 feet measured from the two closest driveway curbs.
G.
The minimum distance into the site from a street intersection shall be 30 feet measured from the intersection of the street right-of-way to the nearest end of the curb radius.
H.
Drive-in businesses adjacent to or integrated in a shopping center or duster of commercial facilities shall use the common access with other business establishments in that center.
I.
Exterior lighting proposed for the site shall be planned, erected and maintained so it will not cast direct light or glare upon adjacent properties or public right-of-way. The light source shall not be higher than 20 feet.
J.
Sufficient landscaping and fencing shall be provided in order to minimize visual impacts and minimize conflicts with adjacent land uses.
K.
Water supply and sewage disposal systems shall be reviewed by the Orleans County Health Department.
L.
Any outdoor eating area associated with a drive-in restaurant shall be maintained, landscaped and physically separated from any off-street parking area or driveway. Outdoor eating shall be allowed only if all parking and vehicular travel areas have a dust-free (paved) surface.
§ 103-53 Essential services and utilities.
Essential services and utilities may be allowed as special permit uses in all districts by the Planning Board. The Planning Board shall determine the following prior to approving a special use permit:
A.
The proposed installation in a specific location is necessary and convenient for the efficiency of the essential services or the satisfactory and convenient provision of service to the area in which the particular use is located.
B.
The design of any building in connection with such facility shall conform to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights in the district in which it is to be located.
C.
Adequate landscaping will be provided to create a visual and sound buffer between such facilities and adjacent property.
D.
Adequate and attractive fences and other safety devices will be provided.
E.
Adequate off-street parking shall be provided.
F.
All new and replacement electric distribution, telephone, cable TV and other lines shall be placed underground.
G.
All service connections from distribution lines to consumers shall be placed underground.
H.
All points of necessary access, or transformers, shall be placed in secure structures at ground level.
I.
All major electrical transformer facilities or substations, if above ground, shall be secured by an outer and inner fence, each 10 feet from each other at any point; also no transformer or associated switches shall be closer than 100 feet to any lot line.
J.
Additional requirements for communications towers:
(1)
In addition to the application requirements specified for site plan review in Article X, the site plan proposals for a telephone, radio, or other communications tower shall also show:
(a)
The location of all structures and trees on the site and on any adjacent property within 10 feet of the subject property line.
(b)
All information prepared by the manufacturer of the antenna or tower, or the applicant for which a special use permit is being sought, including, but not limited to, the following:
[1]
Make and model of tower to be erected.
[2]
Manufacturer's design data for installation instructions and construction plans.
[3]
Applicant's proposed tower maintenance and inspection procedures and records system.
[4]
Identification of any anticlimb device to be installed.
[5]
Identification of the levels of radiation to be emitted by or from the communication tower.
[6]
Identification of the effects such communication tower's operation will have on other existing communication towers or antenna within 1,000 feet of the proposed structure.
(c)
A statement from any federal, state or county regulatory agency attesting that all other agency approvals have been obtained, including, but not limited to, acceptable levels for dissipate non-ionizing electromagnetic radiation (NIER) as established by any regulatory agency, or by the American National Standards Institute (ANSI).
(d)
Certification by a registered professional engineer or manufacturer's certification that the tower design is sufficient to withstand wind load requirements for structures.
(2)
The minimum setback for each communication tower from any property line shall be the height of the tower to be erected plus 20 feet.
(3)
No communications tower shall exceed 200 feet above finished grade level.
(4)
All communications towers more than 150 feet in height above finished grade level shall be marked and lighted in accordance with Federal Aviation Agency (FAA) Part 77 Standards.
(5)
A minimum radius of 8,000 feet must be maintained between any proposed tower and any existing tower; whether located in the Town of Albion, or any adjacent municipality.
(6)
No communications tower shall contain any signage except that identifying a health, safety, or general welfare message intended solely for the protection of the general public.
(7)
All commercial communication towers shall be enclosed by a fence not less than eight feet in height above ground level.
(8)
The applicant shall demonstrate that feasible options for collocating communications facilities on other towers have been thoroughly investigated, and that the proposed tower is necessary to provide adequate communications services.
(9)
Exceptions. The following communications towers are excepted from the provisions of this section:
(a)
Facilities under the control or ownership and used exclusively by a public or governmental agency.
(b)
Satellite dish antennas as regulated elsewhere in this chapter.
(c)
Conventional television and radio antennas when used exclusively for private benefit and involving a structure with a height less than 15 feet above existing grade, or if attached to a structure 35 feet above existing grade.
(10)
Removal. In the event a communication tower is no longer used for the purpose specified in the application, or the communication facility ceases operations for a period of 90 days, such tower, structures or facilities shall be dismantled and removed from the site within 30 days of receipt of written notice from the Planning Board and based upon the Planning Board's declaration to the effect specified herein.
(11)
Assurances. The Planning Board may, as a condition of special use permit approval, require the applicant to provide a letter of credit, performance bond, or other financial guarantee to the Town that funds will be available for the Town's use to remove said structure in the event of noncompliance with the provisions of this chapter.
§ 103-54 Home business.
The Planning Board may issue a special use permit for a home business in conjunction with a single-family dwelling in the A/R - Agricultural Residential District, subject to the following standards and conditions:
A.
The operator of the home business shall reside in the single-family dwelling located on the same lot as the home business.
B.
No more than four persons other than a member of the immediate family occupying such dwelling shall be employed in such home business.
C.
Any outdoor storage or display of materials, goods, supplies, or equipment related to the operation of the home business shall be adequately screened from view from all neighboring properties and public rights-of-way.
E.
The use shall not generate noise, vibration, glare, fumes, odors, or electrical interference beyond what normally occurs in the applicable zoning district.
F.
One sign shall be allowed not to exceed 16 square feet in area per side with a maximum of two printed sides.
G.
No more than 40% of the gross floor area of a dwelling shall be used for the conduct of a home business, provided that the portion of the dwelling used for residential purposes shall comply with all applicable laws and codes. The total gross floor area of a detached accessory structure shall be permitted for use of a home business provided that no part of the business is conducted within the principal structure.
H.
The total gross floor area of an accessory building used for a home business shall not exceed 5,000 square feet in area, and shall be of a building type that is compatible with the type of business and consistent with the appearance of the principal dwelling and the neighborhood or area.
I.
No more than one commercial-type vehicle shall be used in connection with the home business.
J.
No home business shall be permitted where access is provided only by a shared private road.
K.
The home business must be of a type that is permitted (either by right or with a special permit) in either the B - General Business or is permitted by right in the LI - Light Industrial Zoning Districts. Junkyards and adult bookstores and adult entertainment establishments shall not be permitted as home businesses. Any business type that would require a special permit if it were located in the B or LI District shall meet all the applicable special permit requirements in addition to the provisions in this section. For example, motor vehicle repair shops operating as a home business shall meet all of the requirements of § 103-59.
L.
Any building used primarily for the home business, as well as any parking space, loading space, or outdoor storage, shall be set back a minimum of 15 feet from all side and rear property lines, and 50 feet from public rights-of-way.
M.
All building and safety codes that apply to the proposed business shall be adhered to.
N.
Retail sales shall be limited to items produced on the premises.
§ 103-55 Junkyards, auto wrecking and dismantling yards.
The Planning Board may approve a special use permit for a junkyard, auto wrecking and dismantling yard in the LI - Light Industrial District provided the following standards and provisions are maintained:
A.
The provision of the State Junkyard Law (General Municipal Law § 136, as amended) are hereby adopted by reference and shall apply to all junkyards as defined in this chapter. The expansion or alteration of existing junkyards shall also be governed by the provisions of this section.
C.
A junkyard shall be completely surrounded with a fence (or screen) at least eight feet in height which completely screens the junkyard from public view and with a suitable gate which shall be dosed and locked except during the working hours of such junkyard or when the applicant or his agent shall be present. Such fence shall be erected no nearer than the required setbacks.
D.
All junk stored or deposited by the operator shall be kept within the enclosure of the junkyard except as removal shall be necessary for the transportation of same in the reasonable course of business.
E.
All vehicles or engines stored in the yard shall first be drained of any oil, gasoline or other fluids. Such fluids shall be safely stored and and disposed of off site.
F.
There shall be no storage or stockpiling of tires or batteries except within an enclosed building.
G.
Direct sales to the general public shall be confined to an enclosed building located on the site, except for the sale of reconditioned motor vehicles. Said motor vehicles may be displayed in a defined area outside of the fenced junkyard portion but on the subject parcel. A minimum area of 200 square feet shall be required for each motor vehicle displayed for sale.
H.
No motor vehicle or dismantled parts may be stored within 100 feet of the bed of a stream carrying water on an average of six months of the year.
§ 103-56 Kennels and animal hospitals.
The Planning Board may approve a special use permit for kennels in the A/R - Agricultural/Residential District and the B General Business District, provided that the following standards and provisions are maintained:
B.
Adequate landscaping or fencing shall be provided to create a visual, sound and smell buffer between such facilities and adjacent properties.
C.
Shelters for animals within kennels shall not be closer than 100 feet to any street or property line.
D.
No outdoor area enclosed by fences for the use of animals shall be permitted within a front yard. Fenced areas shall be setback not less than 100 feet from any side or rear property line.
E.
Adequate provisions shall be made for disposing of animal waste.
F.
All animals shall be kept within a totally enclosed building between 8:00 p.m. and 6:00 a.m.
G.
Noise and odors shall not become a nuisance to adjacent property owners.
§ 103-57 Manufactured home park.
A.
The Planning Board may approve a special use permit for mobile/manufactured home parks in the A/R - Agricultural/Residential District and the B - General Business District, provided that the following standards and provisions are maintained:
(1)
The minimum site area of proposed manufactured home parks shall not be less than 20 acres.
(2)
Individual manufactured home lots shall have an area of not less than 10,000 square feet. Each individual lot shall front on an interior park roadway and have a minimum width of 75 feet.
(4)
The minimum setbacks of every manufactured home, building or other structure in a park from the nearest public street line shall be 70 feet, and from every other lot line of the park shall be 40 feet.
(5)
Not more than one manufactured home shall be located on any one individual lot. Every manufactured home within a park shall be located on a manufactured home lot shown on the approved site plan for said park.
(6)
At least one framed service building shall be constructed in each manufactured home park which shall be adequate to provide for storage of all equipment, tools and materials necessary for the maintenance of the park, and all such equipment, tools, and materials shall be stored within said building when they are not in use.
(7)
Each individual lot shall have not less than two off-street parking spaces. Such parking spaces shall be connected to the entrance of the manufactured home by a paved sidewalk having a minimum width of 36 inches.
(8)
No boats, campers, travel trailers, recreational vehicles, or unregistered and unlicensed motor vehicles shall be parked or stored at any place within a manufactured home park except in areas designated and approved for such storage as part of the site plan approval.
(9)
Every travel lane and parking lane within a manufactured home park shall have a minimum pavement width of 12 feet and each roadway shall have a minimum right-of-way width of 50 feet. If culs-de-sac exist, they shall have a minimum diameter of 80 feet.
(10)
A complete water distribution system approved by the Orleans County Health Department and other appropriate agencies, including a water-service pipe for each manufactured home lot and appropriately spaced fire hydrants, shall be installed.
(11)
A public sanitary sewage disposal system approved by the Orleans County Health Department and other appropriate agencies shall be installed, including a sewer connection for each manufactured home lot.
(12)
All public utility, electric, gas, cable television and telephone lines shall be installed underground.
(13)
Appropriate streetlighting shall be installed on interior roadways with the minimum number of lights being one at each intersection of interior roadways or with abutting public road, and at least every 200 feet where such intersections are more than 200 feet apart.
(14)
Pedestrian walkways shall be provided along at least one side of all interior streets and shall be five feet in width.
(15)
A landscape plan shall be prepared and carried out which will assure the Planning Board than an appropriate planting of trees and shrubs will be included in the park design, including screening where necessary.
(16)
No manufactured home shall be located on a manufactured home lot until the roadways, sanitary sewage disposal system, water supply system, storm drainage system, street lighting, landscaping, recreation areas, framed service buildings, and accessory vehicular storage buildings serving the manufactured home park have been installed in accordance with the approved site plan for the park.
(17)
Each roadway shall be named and noted upon signs at each roadway intersection. Each manufactured home lot shall be assigned a permanent number which shall be noted on the manufactured home lot in a location dearly visible from the roadway.
(18)
All fuel tanks used for heating within a manufactured home park, including all fuel tanks used for heating within individual homes, shall be installed in accordance with NFPA standards.
(19)
Every manufactured home park shall have a recreational area or open space area for use by the occupants of the park. Such areas shall be as centrally located as the topography and design of the park permit. Such areas shall not be less than one acre for the first 20 mobile home lots, with an additional 1,000 square feet provided for each additional mobile home lot established thereafter.
(20)
The park owner/operator shall provide for the regular collection and disposal of garbage, trash, and rubbish for all residents of the park.
(21)
No more than one accessory building shall be permitted on any individual manufactured home lot.
(22)
Each manufactured home shall be enclosed at the bottom with a fire resistant skirt or enclosure within 30 days after the placement of the home on the lot.
(23)
No enclosure or addition, with the exception of carports, door porches, and patios, shall be constructed on, added to, or attached to the exterior of any manufactured home.
(24)
No manufactured home shall be offered for sale, displayed for sale, or sold within a park unless such manufactured home is located on an individual manufactured home lot and is connected to electric; sewer and water services.
(25)
Every roadway within a manufactured home park shall be maintained in good repair and shall be open at all times reasonably possible for travel by occupants of the park and necessary fire, police, ambulance, public utility maintenance and fuel supply vehicles. The park owner/operator shall be responsible for providing and paying the cost of such maintenance and for all necessary snow removal.
(26)
Sale of lots. Any sale of a manufactured home lot or lots, or a portion of a manufactured home park, other than the entire manufactured home park, as shown on the plan of such park approved by the Town, shall thereupon immediately invalidate the special use permit for such park approved by the Planning Board. Any use of any of the premises within the manufactured home park other than as a manufactured home park shall thereupon immediately invalidate the special use permit of such park approved by the Planning Board.
(27)
Home occupations. Home occupations shall not be permitted in any individual manufactured home located within a park.
§ 103-58 Motor vehicle sales.
The Planning Board may approve a special use permit for the sales of motor vehicles in the General Business (B) District provided that the following standards and provisions are maintained:
A.
Such sales shall be conducted in a fully enclosed building located on the same lot, and having a building area of not less than 5,000 square feet devoted to the sales and services of automobiles; or
B.
The sale of new and/or used automobiles may be carried on in an unenclosed area provided that:
(1)
Such unenclosed area shall be paved, shall be suitably drained, and shall be maintained in a neat and orderly manner.
(2)
All exterior illumination shall be approved by the Planning Board and shall be shielded from the view of all surrounding properties and streets.
(3)
Suitable landscaping and/or fencing of such unenclosed area shall be required.
(4)
No establishment for the sale of new and used automobiles shall be opened, conducted, or maintained except as provided above. None of the provisions of this section, however, shall be deemed to prohibit the continuance of the present use of any property for the sale of new and used automobiles, provided that any such continued use shall be subject to all of the provisions of this section. Plans for any changes required to bring about such conformance shall be submitted to and approved by the Planning Board before any such change shall be made. The Planning Board may approve, modify, or disapprove such plans and may impose reasonable and appropriate conditions to such approval so that the spirit of this chapter shall be observed.
D.
No vehicles shall be displayed for sale or rent within 25 feet of any property line.
E.
No retail sale of fuels shall occur on the site at any time.
G.
No exterior light source shall be erected in excess of 50 feet above the ground surface and all lighting shall be placed to eliminate the casting of direct light or glare upon adjacent properties.
§ 103-59 Motor vehicle service stations and auto repair shops.
The Planning Board may approve a special use permit for motor vehicle service stations and auto repair shops in the B - General Business District provided that the following standards and conditions are maintained:
A.
In addition to the information required in the special use permit and site plan review applications and enumerated in Articles IX and X herein, the site plan submitted shall also show the location and number of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground, and number and location of fuel pumps to be installed.
B.
Such uses shall be screened from adjacent uses by a buffer area not less than 10 feet in depth composed of densely planted evergreen shrubbery, solid fencing, or a combination of both which, in the opinion of the Planning Board, will be adequate to prevent the transmission of headlight glare across the district boundary line. The Planning Board shall determine on an individual case basis how close to the right-of-way the landscaped buffer shall be required to be installed. Such buffer screen shall have a minimum height of six feet above the ground. If said shrubbery becomes decayed and fails to provide an adequate screen, the Code Enforcement Officer shall direct the property owner to replace said shrubs.
C.
The entire area of the site traveled by motor vehicles shall be hard surfaced.
D.
All repairs of motor vehicles, except for minor servicing, shall be performed in a fully enclosed building. No motor vehicle parts, or partially dismantled motor vehicles shall be stored outside of an enclosed building.
E.
Motor vehicle service stations may include facilities for the sale of food, household items and convenience merchandise, provided that the sale of such items takes place entirely within an enclosed building.
F.
No commercial parking shall be allowed on the premises of a motor vehicle service station or auto repair shop.
G.
Accessory goods for sale may be displayed on the pump island and the building island only. The outdoor display of oil cans and/or antifreeze and similar products may be displayed on the respective island if provided for in a suitable stand or rack.
H.
No building or structure, including gasoline pump or automotive service appliances, shall be erected within 40 feet of any street line.
I.
No motor vehicle service station or auto repair shop may display more than four unregistered vehicles for sale or repair outside of an enclosed building at any one time. All licensed motor vehicles being serviced or repaired shall be stored in a neat, orderly manner.
J.
No motor vehicle service station or auto repair shop shall have more than two driveways on any public street fronting the site. The driveway width on any street shall not exceed 1/3 of the total site frontage on each street.
K.
No driveway shall be closer than 50 feet to the intersection of two street lines, or within 20 feet of an adjacent lot line.
L.
No motor vehicle service station or auto repair shop and no driveway to any such use shall be established within 200 feet of the boundary line of the R-1 Residential District, or of any school, church, park, playground, public library, or any place of public assembly designed for occupancy by 50 persons or more, regardless of the district where the subject premises are located. For the purposes of this section, the distance shall be measured along the street line on the side of the street where such use is proposed or such driveway would cross.
§ 103-60 Multiple-family dwellings.
The Planning Board may approve a special use permit for multiple-family developments in the B - General Business District provided that the following standards and provisions are maintained:
A.
The maximum gross density shall not exceed eight units per acre.
B.
Minimum habitable floor area requirements:
(1)
Townhouse units with two bedrooms or less: 850 square feet.
(2)
Townhouse units with three bedrooms or more: 1,000 square feet.
(3)
Efficiency apartment unit: 450 square feet.
(4)
Apartment unit with one bedroom: 550 square feet.
(5)
Apartment unit with two bedrooms: 700 square feet.
(6)
Apartment unit with three bedrooms: 900 square feet.
D.
Setback requirements:
(1)
The minimum front setback from any public street shall be 50 feet.
(2)
The side and rear setbacks shall be 30 feet from all other lot lines.
(3)
Minimum distance between building in a multiple-family dwelling development shall be 60 feet.
(4)
Direct line of sight visibility from one building to another shall not be less than 100 feet.
(5)
Every building shall have a minimum setback of 20 feet from all interior roads, driveways and parking areas.
(6)
A strip of land at least six feet in width surrounding each building shall be kept completely open except for foundation plantings of less than six feet in height.
(7)
Courtyards bounded on three sides by the wings of a single building or by the walls of separate buildings shall have a minimum court width of two feet for each one foot in height of the tallest adjacent building.
E.
No exterior wall shall exceed 100 feet in length unless there is a lateral offset of at least eight feet in its alignment not less frequently than along each 100 feet of length of such exterior wall.
F.
All stairways to the second floor or higher shall be located inside the building.
G.
Access to public road:
(1)
All multiple-family dwelling developments shall have direct access to public roads.
(2)
If there are more than 12 dwelling units in a multiple-family development, direct access shall be provided to a public road by a private driveway or a road dedicated to the Town by the developer.
(3)
If there are more than 50 dwelling units in a multiple-family development, or if in the opinion of the Planning Board the location or topography of the site indicates the need for additional access, the Planning Board may require such additional access as a condition of site plan approval.
H.
Requirements for off-street parking as provided in § 103-33 of this chapter shall be met, except that the location of off-street parking lots may be modified to conform with the approved site plan, provided that such lots shall not be located within the front yard or the required side yard setback. Paved pedestrian walkways, with appropriate lighting, shall be provided from off-street parking areas to all living units each parking area is intended to serve.
I.
Off-street parking shall be provided in the amount of two spaces for each unit.
J.
The aggregate of lot coverage of multiple-family dwelling development shall not exceed 30% of the total lot area.
K.
Services:
(1)
Each dwelling unit shall contain complete kitchen facilities, toilet, bathing and sleeping facilities.
(2)
There shall be a minimum common storage area in each building for bicycles, perambulators and similar type equipment of 40 square feet in area, a minimum of five feet in height and not less than four feet in width per dwelling unit.
(3)
Sufficient laundry, drying, garbage pickup and other utility areas shall be provided and shall be located with a view both to convenience and to minimizing the detrimental effect on the aesthetic character of the building(s) and shall be enclosed and shielded from view by fencing, walls or shrubbery of at least six feet in height around the perimeter. Fencing and walls shall be not more than 50% open on the vertical surface.
L.
Recreation, open space, maintenance:
(1)
Multiple-family dwelling complexes shall be designed to create usable private open space. A minimum of 10% of the total tract area, exclusive of the required setback areas, buffer strip and parking areas shall be designated for common recreational purposes.
(2)
No recreational area shall be less than 10,000 square feet in area nor less than 100 feet in width. Areas designated for recreation purposes shall be approved by the Planning Board.
(3)
Multiple-family dwelling complexes shall be attractively shrubbed and properly maintained. Open space adjacent to, around, or between driveways, parking areas, structures or other required improvements shall be graded and seeded to provide a thick stand of grass or other plant material.
§ 103-61 Public and semipublic buildings and grounds.
The Planning Board may approve a special use permit for public and semipublic uses of an institutional, health, educational, recreational, religious or cultural nature in any zoning district provided that the following standards and provisions are maintained:
A.
Day-care centers.
(1)
All day-care centers shall have an active outdoor play area of 100 square feet per child.
(2)
Outdoor play areas shall be appropriately fenced in or otherwise protected from roads and nearby properties.
(3)
No outdoor play equipment may be placed within 10 feet of any property line, fence, or structure.
(4)
Minimum parking shall be one space per staff member, plus one space per each five children.
(5)
The operator shall have a valid license from New York State.
B.
All other public and semipublic uses.
(1)
The application shall include a statement setting forth the details of the operation of the use.
(2)
The applicant shall provide evidence of approval, certificate of need, license or other similar document required to initiate or expand such a use from any and all appropriate regulating agencies.
(3)
The proposal shall meet the minimum area and yard requirements for such uses as specified in the Zoning Schedule.[1]
[1]
Editor's Note: The Zoning Schedule is included at the end of this chapter.
(4)
The proposed use shall meet the minimum off-street parking and loading and unloading requirements of this chapter as well as provisions for landscaping, buffering, signs and accessways.
(5)
The Planning Board, in considering the request for a special use permit, may impose conditions it deems necessary to protect the health, safety and public welfare of the Town.
§ 103-62 Stables or riding academies.
The Planning Board may approve a special use permit for the use of land and buildings for stables for the commercial boarding of horses or riding academies in the A/R - Agricultural/Residential District provided that the following standards and provisions are maintained:
A.
No site preparation or construction shall commence nor shall existing structures be occupied until final site plan approval has been granted by the Planning Board and permits have been issued by all governmental agencies involved.
B.
The permitted use may include any of the following:
(1)
Storage of horse vans for conveying or vanning of horses as may be accessory to the principal use.
(2)
Sale or rental of horses for use by the public by the hour, day, month or year.
(3)
Rides on horses by the public.
(4)
Rental of horse vans.
(5)
Riding lessons to the public.
(6)
Sale of horse supplies and/or equipment.
C.
The land devoted to this use shall not be less than 10 contiguous aces.
D.
One principal single-family dwelling may be located on the land devoted to this use provided that it complies with the requirements for this chapter. The land area on which the principal single-family dwelling is located (minimum lot size of A/R District) shall not be considered as part of the land "devoted to this use" as set forth in Subsection C above.
E.
The number of horses that may be boarded and/or trained at such property shall not exceed 25 horses for the first 10 acres of land devoted to this use, plus one horse for each additional half acre of land available for such purpose.
F.
The stable shall be located not less than 100 feet from any boundary line. The storage of manure shall be located on land not less than 200 feet from any boundary line. The Planning Board may require manure storage areas to be screened and/or buffered from adjacent areas.
G.
Any riding ring shall be at least 50 feet from any boundary line.
H.
Accessory buildings such as barns (not housing horses), sheds and the like, may be located on the land devoted to this use provided that they are set back a minimum of 50 feet from the street line and from each boundary, and provided further that they are not used for the storage of manure.
I.
Structures on the land devoted to this use (not including the principal dwelling) shall not be in the aggregate cover more than 5% of the area of the land devoted to this use.
J.
No structure shall exceed 35 feet in height.
K.
Suitable and adequate off-street parking shall be provided in accordance with the requirements established by the Planning Board.
L.
Exterior lighting shall be permitted only to the extent necessary to prevent injury to the public and shall be so installed and arranged as to reflect light away from the adjoining streets and prevent any nuisance to adjoining property.
M.
Exterior loudspeakers shall be installed or used on the premises so as to minimize potential nuisances to adjacent properties.
§ 103-63 Adult bookstores and adult entertainment establishments.
Adult bookstores and adult entertainment establishments, as defined herein, may be approved in the LI - Light Industrial District by the Planning Board following a public hearing and provided that the standards and provisions specified below are maintained:
A.
Purpose.
(1)
In the execution of this chapter it is recognized that there are some uses which, due to their very nature, have serious objectionable characteristics. The objectionable characteristics of these uses are further heightened by their concentration in any one area, thereby having deleterious effects on adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood or land uses.
(2)
It is further declared that the location of adult bookstores or adult entertainment establishments in areas where youth may regularly assemble, and the general atmosphere encompassing their operations, is of great concern to the Town of Albion.
(3)
These special regulations are intended to accomplish the primary purpose of preventing a concentration of these uses in any one area and restricting their accessibility to minors.
B.
General regulations.
(1)
The proposed use shall be operated in a manner that is consistent with the New York State Penal Law relating to exposure, obscenity or lewdness.
(2)
An adult bookstore or adult entertainment establishment use shall not be operated within 1,000 feet of:
(3)
An adult bookstore or adult entertainment establishment shall not be operated within 1,000 feet of another adult bookstore or adult entertainment establishment, or on the same lot or parcel of land.
(4)
An adult bookstore or adult entertainment establishment shall not be operated in the same building, structure, or portion thereof, containing another adult bookstore or adult entertainment establishment.
(5)
For the purpose of this chapter, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structures as part of the premises where an adult bookstore or adult entertainment establishment is conducted, to the nearest property line of the premises of any of the uses specified in Subsection B(2)(a) through (d) identified above or to another adult bookstore or adult entertainment establishment.
(6)
All adult bookstores or adult entertainment establishments shall be conducted in an enclosed building, regardless of location.
(7)
No exterior sign shall contain any photographic or artistic representation of the human body.
(8)
All building openings, entries, windows, doors, etc., associated with an adult bookstore or adult entertainment establishment shall be located, covered or screened in such a manner as to prevent a view into the interior of the building from any public right-of-way or adjacent property.
(9)
No adult bookstore or adult entertainment use shall be established in any building which is used, in part, for residential purposes.
(10)
No residential use shall be established in any building which contains an approved adult bookstore or adult entertainment use.
(11)
No more than one of the adult uses as defined above shall be located on any lot.
C.
Waiver of restrictions. The restrictions enumerated in Subsection B above may be waived by the Planning Board if the applicant shows and the Board finds that the following conditions have been met in addition to the general conditions contained in Article IX of this chapter:
(1)
The proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit and intent of this chapter will be observed;
(2)
That the establishment of an additional use of this type in the area will not be contrary to any program of neighborhood conservation or improvement, either residential or nonresidential; and
D.
Amortization. By amortization, the right to maintain a legal nonconforming adult use shall terminate in accordance with the following schedule:
Amount of Capital Investment* as of the Effective Date of this chapter | Date Before Which Use Shall Terminate | |
|---|---|---|
$0 to $5,000 | January 1, 1999 | |
$5,001 to $8,000 | January 1, 2000 | |
$8,001 to $15,000 | January 1, 2001 | |
$15,001 to $22,000 | January 1, 2002 | |
$22,000 or more | January 1, 2003 | |
NOTES: * The term "capital investment," as used above is defined to mean the initial outlay by the owner or operator of the use to establish the business as of the date of the enactment of the chapter, exclusive of the fair market value of the structure in which the use is located. | ||
§ 103-63.1 Farm labor camps.
[Added 8-11-2003 by L.L. No. 1-2003]
A.
Special use permits for the establishment and operation of farm labor camps will have an annual duration, with an annual inspection upon renewal. Minimum site area of proposed labor camp shall not be less than five acres, and shall include recreational areas for residents.
B.
Minimum front, side and rear setbacks shall not be less than 200 feet.
C.
Labor camps may be established only on land which is actually owned and being farmed by the applicant and in the Agricultural-Residential Zone.
D.
Labor camps may only operate during the growing season (May to November) except when extraordinary circumstances are shown.
E.
The CEO may inspect the camp at any time with one days' notice to assure provisions of this section are being complied with.
F.
The labor camp and camp buildings, including all housing units, must continually comply with all applicable local, state and federal ordinances, rules and regulations. Parking area for camp occupants and visitors shall be hard surfaced with stone, gravel or cinders. One parking space 10 feet by 20 feet will be provided for each vehicle.
G.
The Planning Board, during site plan review, may take into consideration the general suitability of establishment of a labor camp in the particular area requested, including, but not limited, to traffic concerns, impact on community character and consistency with the Town Comprehensive Plan.
H.
The Planning Board shall hold a public hearing on such application for a labor camp. As with all special use permits, the burden of proof is on the applicant to demonstrate satisfaction of the criteria for issuance of a special use permit.
I.
The restriction and regulations set forth in these requirements for a special use permit bear a direct relationship to the public health, safety and welfare, and nothing herein shall be interpreted by the Planning Board in such a way as to unreasonably restrict or regulate farm structures or fanning practices in contradiction of the applicable provisions of Agriculture and Markets Laws
J.
Renewal. Upon application, and payment of the fee established by the Town Board, if all of the requirements of the original permit have been complied with, and no new or additional request or relief is sought, the CEO shall grant a special permit renewal. Denial by the CEO May be appealed to the Zoning Board of Appeals, except where variances from state codes an required, which variances may be sought from the state in accordance with state law. Denial by the CEO for failure to comply with the building and state code and/or where conditions need to be corrected, the CEO may issue a temporary renewal for up to six months, and said temporary renewal shall specifically state the conditions to be corrected.