Auburn City Zoning Code
ARTICLE IV
Supplemental Regulations
§ 305-24 Accessory dwelling units.
A.
Standards.
(1)
Principal use. The principal use of the structure must be that of a single-family dwelling or an accessory structure that primarily serves the needs of the single-family dwelling.
(2)
Required occupancy. The owner of the property upon which the accessory dwelling unit is located shall occupy the principal or accessory dwelling unit on the premises as their primary residence.
(3)
Maximum occupancy. The accessory dwelling unit shall be limited in occupancy as a single-family dwelling.
(4)
Number of accessory dwelling units. Only one accessory dwelling unit shall be permitted on any lot.
(a)
If the portion of the structure is attached for the use of a garage or carport, and is more than one story in height, that portion not used for the shelter or storage of vehicles shall be designed and used as an integral part of the principal residence or approved habitable use such as guest living quarters.
(b)
If an accessory dwelling unit is attached, the entire structure must comply with all requirements of the Zoning Ordinance for the primary structure.
(5)
Minimum lot dimensions. The lot on which the accessory dwelling unit is to be located shall contain at least the minimum lot area and lot width required by the Bulk and Use Table for the primary one-family dwelling unit plus a minimum of an additional 2,000 square feet of lot area and an additional 10 feet of lot width for the accessory dwelling unit.
(a)
Maximum size. An accessory dwelling unit shall be subordinate in area to the single-family dwelling not to exceed 800 square feet.
(b)
Setbacks. If the accessory dwelling unit is within a detached accessory structure, said structure must meet the required yard setbacks.
(c)
Access. An external located entrance, separate from that of the single-family dwelling, shall be located on the side or rear of the single-family dwelling, or in the front only if the entrance is on a separate, perpendicular plane from that of the front entrance of the single-family dwelling.
(d)
Outside stairways. Any outside stairways and/or fire escapes shall be at the rear or side of the structure.
(e)
Exterior appearance. If an accessory dwelling unit is located in a detached single-family dwelling, to the degree reasonably feasible, the exterior appearance of the structure shall remain that of a single-family dwelling.
(f)
Maintenance and continued compliance. An accessory dwelling unit shall be permitted and continued only when all structures on the lot are in compliance with applicable codes, rules, regulations, statutes and local laws and ordinances.
(6)
Application. An application for an accessory dwelling unit must contain sufficient information to demonstrate compliance with each of the standards set forth in this section, including but not limited to the following information:
(a)
A floor plan of each habitable floor of the structure, with all interior dimensions, including windows and doors, including types of rooms.
(b)
Plans shall be prepared in sufficient size and detail to enable the Planning Department to determine compliance with the requirements for an accessory dwelling unit.
§ 305-25 Accessory uses and structures.
A.
Authorization.
(1)
Unless otherwise specified in this chapter, accessory uses are permitted in all zoning districts in connection with any principal use lawfully established within such district.
B.
Permit required.
(1)
An accessory use or structure shall only be established or constructed following issuance of a permit unless otherwise noted in this chapter.
(2)
Particular permitted accessory structures and uses.
(a)
Accessory structures and uses include, but are not limited to, the following list of examples; provided, however, that each structure or use shall comply with the standards and requirements of Subsection B(1) above.
[1]
Private residential garages, portable garages, and carports. Attached or unattached private residential garages and carports shall not exceed 784 square feet.
[2]
Private customer and employee garages and parking lots and parking areas, together with related circulation elements.
[3]
Storage shed. A structure used for storage incidental to a permitted use, including garden and storage sheds, personal greenhouses, and nurseries shall not exceed 144 square feet.
[4]
Play structure. Play structures are allowed in the rear yard, or in the side yard behind the midpoint of the lot depth, and shall maintain a minimum side and rear yard of setback of three feet, inclusive of any roof overhang, and shall not exceed 100 square feet.
[5]
Recreation facilities. Tennis courts or other recreational facility accessory to a residential building and limited to use by the occupants thereof and their guests.
[6]
Portable garages and carports. No more than one portable garage or carport will be allowed on a lot regardless of zone or size unless a special use permit that will comply with Article VIII, § 305-104, Special use permits, is obtained. The side yard requirements for a portable garage or carport will be a minimum of five feet and shall always be located in the area defined as the rear yard with a three-foot minimum rear setback.
[7]
Trash area, nonresidential. An outdoor trash collection and storage areas shall be enclosed on all sides by a wall or fence with a minimum height of five feet. The trash area shall be located on the site so that adequate vehicular access is provided.
[8]
The removal of soil, sand, gravel, sod, stone or other natural material from a site in connection with construction of a building or structure shall be deemed to be part of the construction process and permitted only upon issuance of a building permit in conjunction therewith. Such removal shall otherwise be prohibited, except when undertaken as a permitted principal use under the terms of this chapter.
[9]
The disposal of refuse, garbage, or other types of solid waste is permitted only in accordance with applicable regulations of the City of Auburn and shall not require a permit under the provisions of this chapter except when undertaken as a principal use under the chapter.
§ 305-26 Adult use businesses.
A.
Purpose.
(1)
It is recognized that for some uses which, because of their nature, have serious objectionable operational characteristics when several of them are concentrated under certain circumstances, which produce a deleterious effect upon adjacent areas, special regulation is necessary to ensure that adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods. The primary reason for regulation is to prevent concentration of these uses in any one area which could create adverse neighborhood affects.
(2)
It is further declared that the location of these uses in regard to areas where youth may regularly assemble and the general atmosphere encompassing their operation is of great concern to the City of Auburn. In order to promote the health, safety and general welfare of the residents of the City of Auburn, County of Cayuga and State of New York, it is necessary to establish reasonable and uniform regulations for adult use businesses within the City of Auburn. The regulation of adult use businesses is necessary to prevent deterioration and degradation of the vitality of the City of Auburn, New York, before a problem develops, rather than in response to an existing problem.
(3)
These special regulations are itemized in this section to accomplish the primary purpose of preventing a concentration of these uses in any one area and restricting their accessibility to minors. It is not the intent or purpose of this section to restrict or deny access by adults to sexually oriented adult materials protected by the First Amendment to the Constitution of the United States or to deny access by distributors and exhibitors of adult entertainment to their intended market, nor is it the intent or effect of this section to condone or legitimize the distribution of obscene materials.
B.
Districts where permitted; restrictions on location.
(1)
Sexually oriented businesses shall be permitted in the General Industrial District (I) and the Resource Recovery District (1-2), subject to a special permit in accordance with this chapter and subject to site plan review in accordance with this chapter.
(2)
Adult use businesses shall be further subject to the following requirements in addition to any other requirements of this chapter.
(a)
Adult use businesses shall not be located within:
[1]
A radius of 500 feet of any area zoned residential.
[2]
A radius of 500 feet of any other adult use business.
[3]
A radius of 500 feet of any area where youth may regularly assemble, including, but not limited to, a school, nursery school, day-care facility, library, church or other place of religious worship, community center, park, playground or recreational area or playing field.
[4]
Five hundred feet of any residential dwelling defined as "bed-and-breakfast," "dwelling," "dwelling, semidetached," "dwelling, multiple-family," "dwelling, single-family detached," "dwelling, single-family semidetached," and "dwelling, two-family" in Article II, Definitions, of this chapter.
[5]
Five hundred feet of any property located in the Historic Resources Protection District, property listed on the National Register of Historic Places and property designated as National Historic Landmarks.
[6]
Five hundred feet of an establishment where alcohol is sold, served or consumed.
(b)
The distance provided hereinabove shall be measured by a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon which the adult use business is to be located to the nearest point of the parcel of property or the land use district boundary line from which the adult use business is to be separated. All separation requirements shall be maintained from established uses, whether inside or outside City of Auburn boundaries.
(3)
Additional regulations.
(a)
The sale, serving or consumption of alcohol shall be prohibited within or from any adult use business establishment.
(b)
No adult use business establishment shall operate after 2:00 a.m.
(c)
No more than one adult use business as defined in this section shall be located on any parcel.
(d)
Exterior windows on adult use business establishments may be opaque but not blackened or boarded.
(e)
Any and all booths, cubicles, studios and rooms for the private viewing of adult motion pictures and/or live performances or areas shall be open to public view from the common area of the adult use establishment. There shall not be any doors, curtains, blinds or other structures or devices that shall impede observation of the entire area of such private viewing areas from the common area of the adult use business establishment.
(f)
Private viewing areas must be well lit and readily accessible at all times and shall continually be open to view.
(g)
Lighting throughout an adult use business establishment shall be sufficient to illuminate every place to which patrons are permitted access.
§ 305-27 Bed-and-breakfast.
A.
Requirements.
(1)
In addition to parking required for the principal use, one off-street parking space per bedroom shall be provided for the bed-and-breakfast home. Further, said parking spaces shall not be established or permitted in the front yard of the site and shall be located or screened from view so as to provide no variation from the residential character of the site.
(2)
Exterior signage shall comply with the requirements for the subject zoning district as set forth in Article V, Sign Regulations, of this chapter.
(3)
The owner of the bed-and-breakfast home must reside in and continue to reside in the dwelling as his/her/their principal residence.
(4)
No guest shall stay for a period of time in excess of 30 consecutive days.
(5)
Each bed-and-breakfast home shall be established, maintained, and operated so as to preserve and compliment the character and integrity of the surrounding neighborhood.
(6)
The bed-and-breakfast home shall be maintained and operated at all times so as to comply with the New York State Uniform Fire Prevention and Building Code and the rules and regulations promulgated thereunder, as amended.
(7)
Specific exemptions, supersessions, and conditions applicable to bed-and-breakfast homes established within residential zoning districts:
(a)
The bed-and-breakfast home shall contain no more than three bedrooms for transient lodgers.
(b)
The bed-and-breakfast home may employ no more than one nonresident employee.
(c)
Only a single identification sign, not to exceed four square feet in area, is permitted.
(d)
The Planning Board shall have the right to impose and include additional conditions as it may deem necessary to effectuate the purpose of this chapter.
B.
Permit required. A bed-and-breakfast shall be permitted in the R-1 Single-Family Residential District only upon issuance of a special use permit by the Planning Board.
§ 305-28 Cannabis uses.
B.
Limitations on location.
(1)
No on-site consumption or retail dispensary shall be permitted within 1,000 feet of another on-site consumption or retail dispensary.
(2)
No on-site consumption or retail dispensary shall be permitted within 500 feet of a school, nursery school, daycare, playground, public library or municipal park.
(3)
No on-site consumption or retail dispensary shall be permitted within 300 feet of a single-family, two-family, or townhouse residential use.
(4)
No on-site consumption or retail dispensary shall be permitted within 200 feet of a house of worship.
(5)
Said distances shall be measured from property line to property line.
C.
Preempted cannabis uses.
(1)
Nursery shall be a permitted use in, and regulated together with, any zoning district of Chapter 305 of the Code of the City of Auburn that allows commercial greenhouse or heavy commercial.
(2)
Cultivator shall be a permitted use in, and regulated together with, any zoning district of Chapter 305 of the Code of the City of Auburn that allows heavy commercial or urban agriculture.
§ 305-29 Conversions.
A.
Purpose.
(1)
Conversion of existing residential buildings to increase the number of dwelling units contained therein presents problems not encountered when new buildings are designed and constructed for the same number of units. Such conversions can adversely affect the safety and comfort of persons who occupy such converted buildings and can adversely affect a neighborhood originally designed for low-density development through overcrowding and its associated problems of inadequate recreational space, inadequate parking and overtaxed municipal services. These in turn may contribute to the physical decline and deterioration of the surrounding area. The intent of this section is to establish standards to prevent the overcrowding of dwelling units and overly dense development of neighborhoods and to ensure satisfactory amenities in neighborhoods as conversions take place.
C.
Increase in number of dwelling units.
(1)
No dwelling unit conversion to create more dwelling units in any building than can be accommodated in compliance with all of the following standards shall be permitted in any district.
(2)
Minimum unit size. No dwelling unit conversion shall be permitted which results in any dwelling unit having less than the minimum habitable floor area required by the following:
Number of Bedrooms | Required Area of Habitable Space (square feet) |
|---|---|
Studio | 500 |
1 | 650 |
2 | 800 |
3 | 1,000 |
Each additional bedroom | Add 125 |
(3)
Minimum building size. No dwelling unit conversion of any building having less than 1,500 square feet of habitable floor area shall be permitted.
(4)
Minimum lot size. Lot size shall comply with the requirements for minimum lot size as defined within the Bulk and Use Tables, but shall not be less than the following:
Proposed Use | Required Minimum Lot Size (square feet) |
|---|---|
Dwelling, two-family | 7,500 |
Dwelling, multifamily | 11,250 |
§ 305-30 Corner and through lots.
A.
Through lots. Where a single lot under individual ownership extends from one street to another parallel or nearly parallel street or alley, the Code Enforcement Officer shall decide which yard will be considered as the front yard. No principal structure shall be erected on the rear of the lot, except as specified in Subsections B and C of this section.
B.
Side yard of a corner lot. The side yard of a corner lot which abuts a street shall be equal to at least one-half the required front yard for that street. The Code Enforcement Officer shall decide which yard will be considered as the front yard.
C.
Corner lots; visibility restrictions. No obstruction to vision exceeding 30 inches in height shall be erected, planted or maintained on any lot within the triangle formed by the street intersection created by the right-of-way line of each street extended to a point and a line drawn between two points on the right-of-way line of each street, each located 40 feet from the street intersection, unless a determination is made by the Code Enforcement Officer that no obstruction to vision exists or will exist through maintenance or placement of the object.
§ 305-31 Drive-through establishments.
B.
General regulations. In all districts, the Code Enforcement Officer shall not issue such a permit unless the drive-through establishment conforms to the following:
(1)
The drive-through shall be an accessory use to a permitted use within the DD, C, and HC Zoning Districts. Drive-throughs are prohibited in all other zoning districts.
(2)
All vehicle stacking areas shall be clearly identified through the use of pavement markings, signs and/or curbing and landscaping features and shall be designed so they do not interfere with safe pedestrian and vehicle circulation on the site and along the public right-of-way.
(a)
Each stacking space shall be no less than 10 feet in width and 20 feet in length. Each drive-through facility shall provide a minimum of six stacking spaces. Each drive-through facility shall provide a bypass lane of at least 10 feet in width.
(3)
Additional stacking or queuing space may be required by the Article VI, Site Plan Review, to ensure the safety of pedestrians and motorists.
(a)
All drive-through vehicle stacking areas shall be located a minimum of 30 feet from any lot line adjoining a residential property.
(b)
Any speaker system installed as part of the drive-through shall be located a minimum of 50 feet from any property line adjoining a residential property, and not exceed 60 dBA.
(c)
Drive-throughs shall be sited and designed in such a way to reinforce the walkable, historic characteristic of the City and shall pay special attention to the relationship between the building and the public street.
(d)
The capacity of the drive-through stacking lanes should not interfere with the overall traffic flow within the parking lot.
(e)
Each parcel with a drive-through shall be limited to one point of shared ingress and egress. Where possible, cross access to the closest shared drive shall be provided.
(f)
Menu boards shall be a maximum of 20 square feet with a maximum height of five feet and shall be shielded from any public street and residential properties with decorative treatments and landscaping.
(g)
Landscaping along exterior lot lines shall include a five- to ten-foot-wide vegetative buffer of deciduous trees and shrubs or a six-foot fence screening, constructed of low maintenance natural materials, including brick, stone or wood with a vegetative buffer of two to five feet from the exterior lot lines.
(h)
Luminaries or lighting fixtures shall not exceed 16 feet in height in vehicular areas and 10 feet in height in pedestrian areas.
(i)
Flood lighting shall be prohibited.
(j)
No outdoor lighting shall have an intensity greater than 1/2 footcandle at the development property line.
§ 305-32 Drainage and stormwater control.
A.
Purpose.
(1)
Minimize increases in stormwater runoff from land development activities in order to reduce flooding, siltation, increases in stream temperature, and stream bank erosion and maintain the integrity of stream channels.
(2)
Minimize increases in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality.
(3)
Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable.
(4)
Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through stormwater management practices and to ensure that these management practices are properly maintained and eliminate threats to public safety.
(5)
Promote an urban landscape with more green infrastructure in order to manage stormwater more effectively, and to use trees to minimize the urban heat island effect, create more sustainable plant and animal habitat, and improve the overall quality of life.
B.
General regulations.
(1)
For development or redevelopment projects equal to or greater than one acre of disturbance, a stormwater pollution prevention plan (SWPPP) or drainage plan, substantially conforming to the requirements of a SWPPP, shall be required. The SWPPP shall be prepared in accordance with the specifications as set forth in the New York State Pollution Discharge Elimination System (SPDES) General Permit for Construction Activities (GP-00-10-001) and associated documents, including the New York Standards for Specifications for Erosion and Sediment Control and the New York State Stormwater Management Design Manual.
(2)
For development or redevelopment projects subject to site plan approval measuring less than one acre of disturbance, not requiring a stormwater pollution prevention plan, which result in a net increase of impervious surfaces, the following shall apply:
(a)
Plans shall be designed in accordance with the standards set forth in the New York State Stormwater management Design Manual to retain a ten-year, twenty-four-hour storm event.
(b)
Runoff reduction shall be achieved through incorporation of green infrastructure, post-construction stormwater management measures, and best management practices (BMPs) designed to increase permeable areas and to reduce pollution.
(c)
A waiver may be granted if it can be demonstrated that incorporation of design elements necessary to retain a ten-year, twenty-four-hour storm event such as those set forth in Subsection C are physically or economically impossible due to topographic, soil, or physical conditions of the site. Said waiver may instead require design elements necessary to retain a lesser storm event, as determine by the City.
§ 305-33 Farmers' market.
A.
Limitations. Temporary and permanent farmers' markets are subject to the following regulations:
(1)
All farmers' markets and their vendors comply with all federal, state and local laws relating to the operation, use and enjoyment of the market premises.
(2)
All farmers' markets and their vendors receive all required operating and health permits and these permits (or copies) shall be in the possession of the farmers' market operator or the vendor, as applicable, on the site of the farmers' market during all hours of operation.
(3)
All farmers' markets have a representative of the operator authorized to direct the operations of all vendors participating in the market on the site of the market during all hours of operation.
(4)
There shall be no offensive odors or dust and there shall be no permanent outdoor storage or equipment.
(5)
All farmers' markets shall provide for composting, recycling, and waste removal in accordance with all applicable City codes. The farmers' market manager is responsible for ensuring that the site is in compliance with these regulations.
(6)
Farmers' markets may not contain market vendors of the following types:
(a)
Market vendors selling any entity's non-food product as an agent, franchisee, distributor, or licensee; or on consignment; or by any other third-party arrangement.
(b)
Market vendors selling non-food items such as "vintage," "found," "reclaimed" or "recycled" objects, or any other objects not originally manufactured by the market vendor unless those objects have been substantially transformed by the market vendor into objects of dissimilar form or function from the original.
(c)
Market vendors selling live animals.
§ 305-34 Food carts.
Refer to Chapter 221, Peddling and Soliciting, in the City of Auburn's Municipal Code.
§ 305-35 Food trucks.
A.
General regulations.
(1)
Food trucks are permitted to operate in CC, C, NC, HC, SC, I, I-1, I-2 and DD Districts.
(2)
No food truck shall operate within the public rights-of-way within the City without first having obtained a valid peddling and soliciting license as prescribed in this section.
(3)
Food trucks shall not operate within public rights-of-way in the Single-Family Residential (R-1) and Multiple-Family Residential (R-2) Zoning Districts except when permitted by the City to cater a private event or as part of a City-sponsored event.
(4)
All food trucks must abide by all parking and vehicle and traffic laws, ordinances, rules and regulations at all times, including but not limited to any durational requirements in force and effect at that time and location.
(5)
No food truck or food trailer shall operate within 100 feet of an approved vending cart location.
(6)
No food truck or food trailer shall operate in a location that has the effect of obstructing access to or egress from any structure or the free flow of vehicular and pedestrian traffic.
(7)
No vendor shall chain or otherwise attach any signs, goods, merchandise, chairs, stools or food cart or other equipment used in vending to any tree, parking meter, hydrant, sign or post, light pole, telephone pole or other street appurtenance or leave any such items unattended on a public street, sidewalk or place. Items left in violation of this subsection shall be seized by the police.
B.
Permitting.
(1)
A private vendor must obtain an annual peddling and soliciting permit for the vending use of the vehicle on particular properties from the City. The permit applications must include the property owners' signatures. Fees for these permits shall be as established in the City's yearly fee schedule.
(2)
A peddling and soliciting permit, operating license, proof of insurance, and county health permit must be displayed during the food truck's hours of operation.
(3)
Before any license authorized herein shall be issued, the applicant shall file with the City proof of insurance, issued by an insurance company licensed to do business in the State of New York, which insurance must be kept continuously in force during the term of the license. At the time of application, applicants shall provide proof of insurance that extends for the entire license period. The insurance shall be not less than $1,000,000 comprehensive/general liability insurance. Such insurance shall not expire, nor be canceled, altered or amended except on 10 days' written notice to the City Treasurer served personally or by certified mail. Municipal operations, employees and property shall not be excluded from coverage. The insurance must name the City as an additional insured party.
(4)
The peddling and soliciting permit issued for the food truck vending (the annual permit held by the vendor) may be revoked if the City determines that the mobile prepared food vendor's operations are causing parking, traffic congestion, or litter problems either on or off the property where the use is located or that such use is otherwise creating a danger to the public health or safety.
§ 305-36 Fences, walls, and other structural screening elements.
A.
Maximum height requirements.
Location | Height (feet) | |
|---|---|---|
Residential uses | ||
Front yard | 4 | |
Side and rear yards adjacent to residential uses, except that this limitation shall not apply to living hedges | 6 | |
Side and rear yards adjacent to nonresidential uses and arterials, except that this limitation shall not apply to living hedges | 8 | |
On corner lots within the triangle formed by the street intersection, created by the right-of-way line of each street extended to a point and a line drawn between two points on the right-of-way line of each street, each located 40 feet from the street intersection | 4 | |
Nonresidential uses | 8 | |
B.
Design elements.
(1)
Fences in the front yard and on corner lots within the triangle formed by the street intersection shall be of a material such as post or rail or other similar material which does not interfere, impede or obstruct visually any private driveway or public highway; the determination as to whether the fence material does not interfere, obstruct or impede visually any private driveway or public highway shall be made by the Code Enforcement Officer.
(2)
Fence surfaces are regulated as follows:
(a)
In residential districts, fences not more than 60% solid may be located in any front yard.
(b)
All solid fences shall be installed so that the finished side shall face outward; all bracing shall be on the inside of the fence, and the outward-facing side shall be of similar materials and colors as the inward-facing side.
(c)
No chain-link fencing shall be permitted in the front yard of a residential structure or a property located in a residential district.
(d)
All required fences and walls shall be maintained and, when necessary, repaired or replaced.
§ 305-37 Garage sales.
A.
Number of sales; duration; hours.
(1)
No person or nonprofit corporation shall operate, conduct, manage or present a garage sale upon his/her/its premises or other property under its control more often than three times per calendar year. Said sale shall not be continuous for a period of time of more than three consecutive days.
(2)
No sale shall be conducted before 8:00 a.m. or after 7:00 p.m.
§ 305-38 Home occupations.
A.
Purpose. In order to protect residential areas from adverse impacts associated with home occupations while allowing residents a choice in the use of their home as a place of livelihood, the following standards have been developed to maintain the peace and quiet of residential neighborhoods and guarantee residents freedom from excessive noise, traffic or other adverse effects of commercial and business uses conducted in residential areas.
C.
General requirements.
(1)
To be deemed a home occupation, the use must be clearly incidental and secondary to the residential use of the property.
(2)
The occupation or profession shall be carried on within the principal building, unless the Planning Board grants a special use permit to allow the home occupation in an accessory structure.
(3)
A home occupation shall be conducted by the resident of the dwelling unit.
(4)
A home occupation may employ no more than one nonresident employee who reports to the dwelling.
(5)
There shall be no exterior display, other than a sign, not to exceed two square feet in area, no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building.
(6)
No offensive odor, noise, vibration, smoke, dust, heat or glare shall be produced, nor will the storage or handling of hazardous material be allowed.
(7)
No more than 25% of the floor area of the residence will be allowed for the use of the home occupation.
D.
E.
Revocation. A special use permit may be revoked by the City of Auburn Code Enforcement Officer for violating any of the standards set forth in Subsection C(1) through (8). In the event that a special use permit is revoked, the aggrieved party may appeal the revocation to the Planning Board and will be afforded an administrative hearing. The Planning Board shall have the authority to sustain or overturn the revocation.
§ 305-39 Industrial, heavy.
A.
Performance standards. In addition to the standards and requirements of this chapter, all heavy industrial industrial uses proposed to be established shall provide documentation of conformance with the following standards as a minimum condition of permit issuance.
(1)
Vibration.
(a)
Vibration shall be measured at or beyond any adjacent lot line or residential district line as indicated, and such measurements shall not exceed the particle velocities so designated. The instrument for these measurements shall be a three-component measuring system capable of simultaneous measurement of vibration in three mutually perpendicular directions.
(b)
The maximum vibration is given as particle velocity, which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency. When computed, the following formula shall be used:
(c)
The maximum particle velocity shall be the vector sum of the three individual components recorded. Such particle velocity shall not exceed 0.20 at the adjacent lot line and 0.02 in an adjacent residential district.
(d)
Where vibration is produced as discrete impulses and such impulses do not exceed a frequency of 100 per minute, then the maximum particle velocity values may be multiplied by two.
(2)
Dust and particulates.
(a)
The total emission rate of dust and particulate matter from all vents, stacks, chimneys, flues or other openings or any process, operation or activity except solid waste incinerators within the boundaries of any lot shall not exceed the levels set forth below. Emissions of dust and particulates shall be in accordance with the State of New York rules and regulations governing air contamination and air pollution, and, in case of conflict, the most restrictive shall apply.
(b)
The emission rate of particulate matter in pounds per hour from any single stack shall be determined by selecting a continuous four-hour period which will result in the highest average emission rate.
(c)
Particulate matter emission from materials or products subject to becoming windborne shall be kept to a minimum by paving, oiling, wetting, covering or other means such as to render the surface wind-resistant. Such sources include vacant lots, unpaved roads, yards and storage piles of bulk material such as coal, sand, cinders, slag, sulfur, etc.
(d)
The maximum emission rate of particulate matter from all stacks shall be 3.0 pounds per hour per acre of lot area.
(3)
Sulfur oxides. The maximum emission rate of sulfur oxides from all stacks shall be in accordance with the regulations adopted by the State of New York, Department of Environmental Conservation.
(4)
Smoke.
(a)
For the purpose of grading the density of equivalent opacity of smoke, the Ringelmann Chart as published by the United States Bureau of Mines shall be used.
(b)
The emission of smoke darker than Ringelmann No. 1 from any chimney, stack, vent opening, or combustion process is prohibited; however, smoke of a shade not to exceed Ringelmann No. 3 is permitted for up to three minutes total in any one eight-hour period.
(5)
Odor.
(a)
Odor thresholds shall be measured in accordance with ASTM D1391-57, "Standard Method for Measurement of Odor in Atmospheres (Dilution Methods)," or its equivalent.
(b)
Odorous materials released from any operation or activity shall not exceed the odor threshold concentration at or beyond the district boundary line measured either at ground level or habitable elevation.
(6)
Toxic matter.
(a)
The ambient air quality standards for the State of New York Level III shall be the guide to the release of airborne toxic materials across lot lines. Where toxic materials are not listed in the ambient air quality standards of the State of New York, the release of such materials shall be in accordance with the fractional quantities permitted below of those toxic materials currently listed in the threshold limit values adopted by the American Conference of Governmental Industrial Hygienists. Unless otherwise stated, the measurement of toxic matter shall be at ground level or habitable elevation and shall be the average of any twenty-four-hour sampling period.
(b)
The release of airborne toxic matter shall not exceed 1/30 of the threshold limit value beyond the district boundary line.
(7)
Detonable materials.
(a)
Such materials shall include but are not limited to all primary explosives such as lead azide, lead styphnate, fulminates and tetracene; all high explosives such as TNT, RDX, HMX, PETN, and picric acid; propellants and components thereof, such as dry nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chlorate and potassium nitrate; blasting explosives such as dynamite and nitroglycerine; unstable organic compounds such as acetylides, tetrazoles and ozonides; unstable oxidizing agents such as perchloric acids, perchlorates, and hydrogen peroxide in concentrations greater than 35%; and nuclear fuels, fissionable materials and products and reactor elements such as Uranium 235 and Plutonium 239.
(b)
The storage, utilization or manufacture of materials or products which decompose by detonation is limited to five pounds. Quantities in excess of five pounds of such materials may be stored or utilized, but not manufactured, only when permitted by the Auburn Fire Department.
(8)
Fire hazard solids. The storage, utilization or manufacture of solid materials which are active to intense burning shall be conducted within walls having a fire resistance no less than two hours or protected by an automatic fire extinguishing system. The outdoor storage of such materials shall be permitted no closer than 40 feet to all lot lines.
(9)
Fire hazard liquids and gases.
(a)
The storage, utilization or manufacture of flammable liquids or gases which produce flammable or explosive vapors shall be permitted only in accordance with this section, exclusive of the storage of finished products in original sealed containers (60 gallons or less), which shall be unrestricted.
(b)
The total storage capacity of flammable liquids and gases shall not exceed those quantities permitted in the following tables:
Storage Capacity of Flammable Liquids. | ||
|---|---|---|
Flash Point | Above Ground | Below Ground |
Less than 70° F. | 10,000 gallons | 20,000 gallons |
70° F. to 200° F. | 40,000 gallons | 80,000 gallons |
Storage Capacity of Flammable Gases | |
|---|---|
Above Ground | Below Ground |
300,000 standard cubic feet at 60° F. and 29.92 inches Hg. | 600,000 standard cubic feet at 60° F. and 29.92 inches Hg. |
(10)
Glare. Any operation or activity producing glare shall be conducted so that direct or indirect light from the source shall not cause illumination in excess of 0.5 footcandle when measured in a residential district.
(11)
Noise.
(a)
Noise shall be measured with a sound-level meter having an A-weighted filter constructed in accordance with specifications of the American National Standards Institute (ANSI). Measurements are to be made at any point as indicated in the table.
(b)
Impact noise shall be assured using the fast response of the sound-level meter. Impact noises are intermittent sounds such as from a punch press or drop forge hammer. Measurements are to be made at any point as indicated in the table.
(c)
Between the hours of 7:00 p.m. and 7:00 a.m., the permissible sound levels in a residential district shall be reduced by five decibels for continuous and by 10 decibels for impact noises.
(e)
Maximum permitted sound level from a heavy industrial source measured in any adjacent nonindustrial district or industrial district lot adjacent to the site:
Sound measured in | Continuous Slow Meter Response | Impact Fast Meter Response |
|---|---|---|
Residential | 50 dB(A) | 60 dB(A) |
Commercial | 60 dB(A) | 70 dB(A) |
Industrial lot | 70 dB(A) | 80 dB(A) |
(f)
Certification of standards. All heavy industrial and light industrial uses proposed to be established shall include with the documentation of conformance with the above-enumerated performance standards a certificate from a registered professional engineer in the State of New York that the proposed use can meet the performance standards of the appropriate district. Furthermore, the Code Enforcement Officer may employ consultants to evaluate the environmental effects with respect to performance standards and include the cost of such consultants as part of the fee for the permit or certificate of occupancy.
(12)
Environmental reviews. The permitting of a new heavy industrial use is hereby declared to be a Type I action as defined by the rules and regulations of the New York State Department of Environmental Conservation for the implementation of New York State Environmental Quality Review Act.
(13)
Existing uses. To the extent that a heavy industrial use has been established prior to the enactment of this chapter and regardless of the limitations or permissions granted by any discussion of preexisting uses elsewhere in this chapter, no such existing use shall be required to meet the performance standards herein established. However, no such existing use shall become less conforming with said performance standards than was the case at the time of this enactment.
(14)
Conflict with other standards. Should any standard herein established conflict with a similar standard established by another governmental agency, then the more restrictive standard shall apply.
§ 305-40 Junkyards and auto wrecking yards.
A.
General requirements. Junkyards and auto wrecking yards are subject to the performance standards for heavy industrial uses and to the following regulations:
(1)
Junkyards shall be enclosed by a fence or wall having a minimum height of eight feet which is adequate to discourage entry onto the premises except through designated gates and entryways.
(2)
Such walls and fences shall be not less than 10 feet from all property lines and shall be not less than 25 feet from any public street.
(3)
No materials or wastes shall be deposited on any premises in such form or manner that they may be transferred off such premises by natural causes or forces.
(4)
Junkyards shall be located at least 500 feet from any adjacent nonindustrial district.
§ 305-41 Kennels.
A.
Purpose. The purpose of animal boarding regulations is to ensure that operations are compatible with and do not disrupt the surrounding neighborhood as well as provide, a safe and adequate property for the animals being boarded. All kennel establishments are subject to § 104-20 in the City of Auburn Municipal Code.
§ 305-42 Landscaping and buffers.
A.
Authorization. Landscaping and buffers are permitted in any zoning district. When site plan review is required for a particular use, said landscaping and buffers shall be deemed to be a mandatory element of any permit granted for said use.
B.
Purpose. This section is intended to establish the minimum standards for the preservation, installation and maintenance of landscaping materials in order to:
(1)
Protect property values;
(2)
Provide privacy from view, light, glare, dirt, and noise;
(3)
Buffer incompatible land uses;
(4)
Reduce noise produced on the site to a level on higher than that produced on conforming residential sites in the adjacent residential neighborhood.
(5)
Serve as a protective barrier by blocking physical passage to the site, unless specific points of passage are desired.
(6)
Prevent the passage of air pollution, dust and litter produced on the site.
(7)
Screen the activities on site and block views of the site which are not in harmony with the character of the adjacent neighborhood.
(8)
Prevent the erosion of soil;
(9)
Provide shade;
(10)
Improve the environment; and
(11)
Enhance the appearance of properties in the City.
C.
General requirements. The following standards shall apply:
(1)
All development subject to the provisions of this section shall provide for a landscaped or natural area, which is not less than 20% of the property area.
(2)
Landscape treatments shall be designed as an integral part of the entire development and shall be distributed throughout the development site.
(3)
Buffers shall be composed of fencing, plantings, walls, landscaping, planters, trellises, etc., or any combination of such.
(4)
Buffer design shall include all details required for an appraisal of the design, including but not limited to location, species, and size of individual trees and shrubs and detailed design of all structures and other landscaping treatments.
(5)
Vegetation shall be compatible with soil conditions on the development site and with the regional climate. Existing vegetation may remain on site, provided such species are approved by the Planning Board when granting approval of the landscape plan.
(6)
Each planting area shall be of adequate size for the landscaping approved. The interior dimensions of any landscaped area or median shall be a minimum of seven feet wide to ensure proper growth of vegetation planted therein.
(7)
All landscaped areas shall have adequate irrigation and drainage for that landscaping to ensure proper growth of vegetation.
(8)
Landscaped areas in or near parking areas or roadways shall be bordered with approved concrete curbing or swales.
(9)
All landscaped areas shall contain clean, friable, weed-free topsoil to depths necessary to sustain growth for trees, shrubs and groundcover. In addition, all landscaped areas shall contain two inches of wood mulch. Permeable interlocking pavers or decomposed granite may also be utilized in heavily trafficked areas.
(10)
Trees are the preferred form of vegetation and every effort shall be made to preserve existing site trees, particularly existing trees with a caliper larger than 10 inches. Each landscape plan must contain at least one tree per 1,000 square feet of landscaped area.
(11)
Trees planted in a tree well or planter strip shall be provided with a minimum seven-foot-by-seven-foot planting area. Trees planted in an island planter shall be provided with a minimum four-foot-by-eight-foot planting area. Planter dimensions are measured from the interior side of the curb. Trees must be planted behind the curb at a distance no less than 1/2 the minimum planter width.
(13)
A landscaped area at least 10 feet in depth shall be provided along all exterior lot lines of parking areas unless a greater landscaped area is required according to the provisions of the given zoning district.
(14)
All nonresidential development located adjacent to residential districts shall provide screening and/or buffering using landscaping. Such screening and/or buffering shall be designed so that a person standing on the adjacent residential parcel on the minimum setback line, five feet above the finished grade, would not be able to readily observe uses, activities or automobile lights originating from said nonresidential development. This standard may be met by using various techniques such as plant materials, earthen berms or combinations thereof as approved by the Planning Board. Vegetation shall be the preferred screening device. Such techniques can be applied within the required side and rear yards.
(15)
Landscaping shall provide privacy and screening for adjacent land uses, and shall take into account visual, noise and air quality factors. More stringent standards may be required by the Planning Board, particularly for industrial development, to ensure adjacent properties are provided adequate visual and noise screening.
(16)
A screen planting of dense evergreen material not less than five feet in height shall be required where lights from vehicles or overhead illumination located within the off-street parking area may shine directly into windows of adjacent residential buildings. A solid fencing may be provided not less than four feet nor more than six feet in height alongside the rear lot lines, and subject to the approval of the Code Enforcement Officer, may increase the height requirements of the fence of evergreen screening.
(17)
All dumpsters shall be hidden from view from adjacent properties by closed fencing and vegetation. The screening of materials stored outdoors may be required by the City Planning Board.
(18)
The landscape plan shall show the location and dimensions of proposed buffers, screening and fence areas specifying materials and vegetation; including existing vegetative cover and proposed areas of lawn and groundcover.
(19)
A general landscaping plan and planting schedule specifying types and size of vegetation. The size of vegetation at installation and upon maturity shall be noted on the plans.
(20)
The landscape plan shall be drawn to scale, including dimensions and distances, and shall clearly delineate existing and proposed structures, uses, parking areas, access aisles, drainage pattern and the location, size and description of all landscape materials existing and proposed, including but not limited to all trees and shrubs, and shall include those existing plant materials that are to be removed and such other information as may be required by the Code Enforcement Officer and the Planning Board.
(21)
The landscape plan shall clearly show all existing and anticipated changes to vegetation and natural features, including but not limited to streams, state wetlands and federal wetlands. Natural features shall be preserved and incorporated in the landscaped area wherever possible.
(22)
Landscape plans shall be prepared and certified by a New-York-State-licensed professional.
(23)
In the event that designated wetlands exist on site, a copy of the letter of notification sent to the New York State Department of Environmental Conservation and/or the United States Army Corps of Engineers must accompany the landscape plan.
D.
Landscaping specifications.
(1)
Tree and shrub size and variety shall be outlined on the landscape plan, and shall be large enough to establish an aesthetically pleasing effect.
(2)
Specific species of all vegetation shall be outlined on the landscape plan and approved by the Planning Board.
(3)
Native vegetation is preferred and shall be used for plantings whenever possible.
(4)
Nonliving materials shall not be substituted for the required landscaping.
(5)
For tree planting requirements, exclusive of those within rights-of-way, a minimum of 30% species native to Northeastern United States shall be required. The Planning Board shall have the discretion to modify tree shading requirements under power lines and other obstructions which prohibit strict compliance with shading requirements.
(6)
New development shall be required to have landscaping in place and completed prior to final certificate of occupancy. In the event that seasonal conditions prevent completion of the required landscaping until the following planting season, the Planning Board shall set a completion date, and the property owner or developer shall post a certified check in the amount of 50% of the cost of the landscaping as verified in writing by the landscape architect or by the licensed professional that sealed the landscape plan. Said certified check shall be made payable to the City of Auburn and shall be redeemable after completion and approval of said landscaping work by the stated completion date. In the event that the landscaping plan is not completed by the prescribed date, the owner or developer shall forfeit the deposited amount, and the City shall find the site in violation of this chapter until landscaping is completed as originally approved.
(7)
Prior to final approval of the site plan, the property owner or developer shall enter into an agreement with the City of Auburn to assure completed plantings. An irrevocable letter of credit, bond, or other surety shall be required to guarantee maintenance of approved landscaping for a period of three years from planting. If the approved landscape plan is not followed during this time, the surety or bond shall be forfeited and shall be used to complete the landscape plan as approved. Prior to the release of the bond and upon notification by the property owner or developer of completion, the site shall be inspected by the Code Enforcement Officer.
(8)
All landscaped areas required and/or permitted by this section shall be maintained and preserved according to the landscape plan as originally approved or as amended by the City Planning Board. The property owner shall be responsible for the continued proper maintenance of all landscape materials and shall keep them in a proper neat and orderly appearance, free from refuse and debris at all times. Proper maintenance shall include, at a minimum, watering, weeding, mowing, mulching, fertilizing and pruning. All unhealthy or dead plant material shall be replaced within six months or by the next planting season.
§ 305-43 Lighting.
A.
Purpose: to minimize light pollution and light trespass for the enjoyment and use of property and the night environment and to conserve energy while increasing nighttime visibility, security and productivity.
B.
Requirements. The following requirements shall apply to all outdoor lighting devices used for illumination or advertisement:
(1)
Except as otherwise provided in this section, all lighting devices or fixtures shall be shielded in such a manner that light rays emitted by the device or fixture, whether directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted.
(2)
Requirements for lighting device or fixture heights, shielding, placement and aiming to minimize light trespass and direct glare emitted by a lighting system shall be as follows:
(a)
The maximum allowable height of wall-mounted lighting devices or fixtures shall be equal to the horizontal distance of the fixture to the property line with a maximum height of 15 feet.
(b)
Direct illumination from lighting devices or fixtures shall not be visible from six feet above grade at the property line.
(c)
No use shall produce glare as to cause illumination beyond the property on which it is located in excess of 0.5 footcandle.
(d)
Light fixtures shall be designed to prevent light pollution by shielding the light source and directing light downwards, away from the night sky.
(e)
Recessed lighting is encouraged, where appropriate, to prevent light pollution and shielding neighboring properties from unnecessary glare.
(3)
The use of flashing, rotating or pulsating lights in/on any outdoors sign or other lighting device is prohibited per Article V, Sign Regulations. This provision shall not apply to flashing, rotating or pulsating lights intended to warn of hazards and danger.
(4)
The operation of searchlights for advertising purposes is prohibited.
(5)
Off-street lighting shall be shielded and/or directed in such manner that it only illuminates the user's premises and does not spill over into neighboring areas or interfere with use of residential properties.
C.
Exemptions. The provisions of this section do not apply to:
(1)
Glass tubes filled with neon, argon or krypton; outdoor advertising signs constructed of translucent material and wholly illuminated from within and fossil fuel light sources.
(2)
The illumination of outdoor recreational facilities, public or private, which shall be shielded such that the glare or beam does not emit beyond property lines, and no such facility shall be illuminated after 11:00 p.m. except to conclude a specific sporting event or any other activity conducted at a ball park, outdoor amphitheater, arena or similar facility in progress prior to 11:00 p.m.
(3)
Seasonal holiday display lighting.
(4)
Lighting that illuminates the American flag.
(5)
The Planning Board may grant a special exemption upon a written finding that there are extreme geographic or geometric conditions warranting the exemption and that there are no conforming fixtures that would suffice.
§ 305-44 Microbrewery/craft brewery and brew pubs.
A.
Microbrewery/craft brewery.
(1)
The brewing operation shall not include the production of any other alcoholic beverage.
B.
Brew pubs.
(1)
A brew pub license holder must have a bonafide restaurant.
(2)
The brew pub license holder may have up to five separate locations, and may produce 5,000 barrels of beer per location, not to exceed 20,000 barrels per year.
(3)
No brewing equipment or storage is permitted on the exterior of the building.
§ 305-45 Motor vehicle repair stations.
A.
Applicability. This chapter applies to all new motor vehicle repair station and a new motor vehicle service station that is reconstructed by more than 50% of its assessed value.
B.
Facility requirements.
(1)
No part of any building used as a motor vehicle service station shall be erected within 25 feet of any boundary lines of any residential district.
(2)
Any repair of motor vehicles shall be performed in a fully enclosed building, and no motor vehicle shall be offered for sale on the site, except in accordance with an approved site plan.
(3)
No motor vehicle parts or partially dismantled motor vehicle shall be stored outside of an enclosed building.
(4)
Up to five unlicensed motor vehicles may be temporarily stored for a period not to exceed two months at a motor vehicle repair station if adequate off-street parking spaces are available.
C.
Access and circulation.
(1)
Ingress and egress points shall be located a minimum of 40 feet from the intersection of right-of-way lines of any streets.
(2)
No gasoline or oil pump, no oiling or greasing mechanism and no other service appliance shall be installed in connection with any filling station or public garage within 10 feet of any street line.
(3)
The entire area of the site traveled by motor vehicle shall be paved/hard surfaced.
§ 305-46 Motor vehicle service stations.
A.
Applicability. The standards outlined in this chapter applies to all new and any existing motor vehicle service station that is reconstructed by more than 50% of its assessed value.
C.
Prohibited activities.
(1)
No vehicle shall be parked on the site of a gas station other than those of customers and employees.
(2)
No storage of vehicles shall be permitted.
(3)
No vehicle shall be parked at or near a street intersection so as to obstruct the vision of motorists.
(4)
No vehicle may be offered for sale on the premises.
(5)
Hydraulic hoists and pits, and the repair of any equipment.
D.
Location requirements.
(1)
Gasoline stations shall be established no closer than 500 feet from any other gasoline station in the City. Said distance shall be measured in a straight line from the nearest property line of the sites on which each such gasoline station is located.
(2)
Notwithstanding the immediately preceding sentence, a gasoline station proposed to be located on a corner lot adjoining an intersection may be located within 500 feet of another gasoline station located on a corner lot adjoining the same intersection; however, no more than two gasoline stations may be located on corner lots adjoining any one intersection.
E.
Facility requirements.
(1)
Products for sale, lease, and/or rental. No display of items for sale, lease, or rental shall be permitted, except within a building.
(2)
Building material. A proposed gas station, and a station that is reconstructed by more than 50% of its assessed valuation shall use exterior finish materials that are determined by the Design Review Committee to be compatible with the surrounding neighborhood.
(3)
Restroom entrance screening. Each rest room entrance shall be from within a building, or screened from the view of adjacent properties and street rights-of-way by solid decorative screening.
(4)
Storm drainage. If drainage is to a street, stormwater shall be carried under the sidewalk in an approved manner.
F.
Access and circulation. These requirements shall apply to all new gas stations, and a station that is reconstructed by more than 50% of its replacement cost, as determined by the Code Enforcement Officer.
(1)
A gas station site shall not have more than two vehicle access points (i.e., driveways) on any street.
(2)
The Planning Board may prescribe the exact location, dimension and use of driveways as necessary to reduce potential traffic hazards.
(3)
No portion of a driveway shall be allowed to encroach nearer than five feet to the beginning of the curve of a street corner, or be located closer than five feet to a property line abutting a residential zoning district.
(4)
No driveway shall exceed a width of 30 feet.
(5)
There shall be a minimum distance of 22 feet of full height curb between curb cuts along any street.
(6)
Ingress and egress points shall be located at a minimum of 40 feet from the intersection of right-of-way lines of any street.
(7)
No part of any building used as a gas station, and no filling pump or other service appliance shall be erected within 25 feet of any boundary lines of any residential district.
(8)
The entire area of the site traveled by motor vehicles shall be paved/hard surfaced.
(9)
All construction, reconstruction and repairs to the curb, gutter, sidewalk and approaches and public right-of-way dedications and curb returns shall be subject to City Engineer approval.
G.
Pedestrian access.
(1)
A minimum of one continuous four-foot-wide internal pedestrian walkway shall be provided from the perimeter public sidewalk of each abutting street to the nearest entrance to the gasoline station convenience market.
(2)
Internal pedestrian walkways shall be distinguished from driving surfaces through the use of raised sidewalks, special pavers, bricks, or scored/stamped concrete.
I.
Application requirements. A special use permit application for a gasoline station shall include all information and materials normally required for a special use permit in accordance with Article VIII, § 305-104, Special use permits and a photo-simulation showing the gas station in place on the project site, together with its relationship to existing surrounding land uses.
J.
Required findings for approval. The Planning Board shall not grant a special use permit for a gasoline station, unless it first makes all of the following findings, in addition to those required by Article VIII, § 305-104, Special use permits.
(1)
The proposed use will not substantially increase vehicular traffic on any street within a residential zoning district;
(2)
The proposed use will not, by virtue of curb cuts and vehicular access, impair the suitability of nearby commercially zoned property for commercial use; and
(3)
The proposed use will not substantially increase traffic hazards to pedestrians when located near a school, religious facility, auditorium, theater, or other place of assembly.
§ 305-47 Motor vehicle wash.
B.
General regulations. In all districts, the Code Enforcement Officer shall not issue such a permit unless the motor vehicle wash conforms to the following:
(1)
All vehicle stacking areas shall be clearly identified through the use of pavement markings, signs and/or curbing and landscaping features and shall be designed so they do not interfere with safe pedestrian and vehicle circulation on the site and along the public right-of-way.
(a)
Each stacking space shall be no less than 10 feet in width and 20 feet in length. An automatic tunnel wash shall provide a minimum of 10 stacking spaces. Each automatic wash bay shall provide a minimum of two stacking spaces.
(2)
Additional stacking or queuing space may be required by the Article VI, Site Plan Review, to ensure the safety of pedestrians and motorists.
(a)
All vehicle stacking areas shall be located a minimum of 30 feet from any lot line adjoining a residential property.
(b)
Motor vehicle washes shall be sited and designed in such a way to reinforce the walkable, historic characteristic of the City and shall pay special attention to the relationship between the building and the public street.
(c)
The capacity of the stacking lanes should not interfere with the overall traffic flow within the parking lot.
(d)
Landscaping along side and rear lot lines shall include a five- to ten-foot-wide vegetative buffer of trees and shrubs or a six-foot fence screening, constructed of low maintenance natural materials, including brick, stone or wood with a vegetative buffer of two to five feet from the lot lines.
(e)
Luminaries or lighting fixtures shall not exceed 16 feet in height in vehicular areas and 10 feet in height in pedestrian areas.
(f)
Flood lighting shall be prohibited.
(g)
No outdoor lighting shall have an intensity greater than 1/2 footcandle at the development property line.
C.
Required findings for approval. The Planning Board shall not grant a special use permit for a motor vehicle wash in the DD Downtown Zoning District, unless it first makes all of the following findings, in addition to those required in this section and by Article VIII, § 305-104, Special use permits.
(1)
The property is located only in the Northern Gateway section of the Downtown District;
(2)
The property has frontage along an arterial street;
(3)
The property is a minimum of 30,000 square feet;
(4)
The proposed use will not be adjacent to a single-family, two-family or three- or four-unit multifamily dwelling;
(5)
The proposed use will not detract from the walkability of the district; and
(6)
The proposed use will not substantially increase traffic hazards to pedestrians.
§ 305-48 Off-street parking and loading.
A.
Applicability. Off-street parking and loading requirements pertain to all parking as required in the district Bulk and Use Tables.
B.
Restrictions and other uses. All areas designated as off-street parking space shall be unobstructed and free of other uses, except off-street loading.
C.
General regulations.
(1)
Downtown District exception.
(a)
Any other provision of this section to the contrary not withstanding, no off-street parking shall be required for any use, other than residential uses, within the D Downtown District. However, any such parking voluntarily provided shall comply with the applicable provisions of this section.
(2)
Location.
(a)
Except for access to a garage or permitted parking area, establishment of a parking area in the front yard of the following residential uses is prohibited:
[1]
All residential uses within the R1 Single-Family Zoning District;
[2]
All residential uses within the R2 Multifamily Zoning District;
[3]
Dwelling, multiple-family, three or four units;
[4]
Dwelling, multiple-family, five or more units, unless approved during site plan review;
[5]
Dwelling, single-family;
[6]
Dwelling, single-family semidetached;
[7]
Dwelling, townhouse; and
[8]
Dwelling, two-family.
(b)
Except for parking in an established driveway directly in front of a garage or side yard, parking in a front yard of the following residential uses is prohibited:
[1]
All residential uses within the R1 Single-Family Zoning District;
[2]
All residential uses within the R2 Multifamily Zoning District;
[3]
Dwelling, multiple-family, three or four units;
[4]
Dwelling, multiple-family, five or more units, unless approved during site plan review;
[5]
Dwelling, single-family;
[6]
Dwelling, single-family semidetached;
[7]
Dwelling, townhouse; and
[8]
Dwelling, two-family.
(c)
Preferred location of parking areas in the Neighborhood Commercial Zoning District is within side and rear yards.
(d)
Establishment of a parking area shall be prohibited within a front yard in the Downtown Core in the D Downtown Zoning District.
(3)
Surfacing. Open off-street parking areas shall be surfaced with a dustless, all-weather material including concrete, asphalt, pervious asphalt, pervious concrete, modular pavers designed to funnel water between blocks, lattice or honeycomb shaped concrete grids, or comparable material, and shall be so graded and drained as to dispose of all surface water accumulation, as approved by the Code Enforcement Officer.
(4)
Pervious and porous materials.
(a)
Where feasible and appropriate, the use of pervious pavement or porous materials in the construction of parking facilities is encouraged, including the use of pervious asphalt, pervious concrete, modular pavers designed to funnel water between blocks, lattice or honeycomb shaped concrete grids with turf grass or gravel filled voids to funnel water, plastic geocells with turf grass or gravel, reinforced turf grass or gravel with overlaid or embedded meshes, or comparable structured and durable systems.
(b)
The porous or pervious surfaces can cover the entire lot, or certain areas, such as parking stalls.
(c)
All materials shall be installed per industry standards. Appropriate soils and site conditions shall exist for the pervious pavement or pervious pavement system to function. Documentation that verifies appropriate soils and site conditions shall be provided by the property owner prior to installation.
(5)
(6)
Drainage. Parking areas 3,000 square feet or larger, including provisions for vehicular circulation, shall be properly sloped for drainage as approved by the Code Enforcement Officer. On-site retention and filtration of stormwater shall be provided where practical. Water from the parking areas shall not drain across a public walkway. A residential driveway shall be graded such that it does not drain directly on to the neighboring property.
(8)
Marking of parking spaces. All parking areas containing five or more parking spaces or containing angled parking shall have the parking spaces and aisles clearly marked on the pavement, using paint or other marking devices approved by the Code Enforcement Officer. Such markings shall conform to the approved parking plan and shall be maintained in a clearly legible condition.
(9)
Curbs. Parking lots 3,000 square feet or larger shall be designed with discontinuous concrete or granite curbing, or alternative provision, to provide on-site retention and filtration of stormwater. Where on-site retention and filtration is not practical, the parking lot shall be defined by six-inch continuous concrete or granite curb.
(11)
Accessible parking. Accessible parking spaces shall be provided as required by the Americans with Disabilities Act (ADA) and the New York State Uniform Fire Prevention and Building Code.
(12)
Snow storage. All parking garages and parking areas 3,000 square feet or larger shall provide a storage area for snow which will not displace any required parking or access thereto or provide documentation acceptable to the reviewing agency as to an alternative disposal method.
D.
Access to parking and loading. Plans for any use requiring movement of vehicles across public walks or access through a public alley or street shall be reviewed through site plan review before any permits are issued. The following factors will be considered when determining whether to approve the proposed plan:
(1)
The consolidation of curb cuts shall be encouraged, and new curb cuts shall be discouraged whenever appropriate, considering safe traffic flow, the objectives of this chapter, and access points needed for the proper functioning of the use.
(2)
Where a residential use is served by an alley, direct access to the street through a curb cut shall be discouraged, except where such curb extends into a corner side yard.
(3)
The use shall not substantially increase congestion of the public streets or impede pedestrian traffic.
(4)
The space allocated to the use shall be adequate to keep vehicles clear of sidewalks, alleys and similar areas.
(5)
The location of driveways relative to other existing uses is such that street traffic shall not be seriously disrupted and no unnecessary hazards shall be established for pedestrians. In no instance shall a driveway be allowed on a limited access roadway ramp or combined limited access roadway ramp frontage road.
E.
Design standards.
(1)
Minimum setbacks.
(a)
In all districts, parking garages shall be governed by the setback requirements applicable in the relevant district to principal or accessory buildings, whichever is appropriate.
(b)
Parking areas set back from lot lines and streets. In all districts, no part of any parking area, other than driveways for ingress and egress, shall be located closer to a street or lot line than the minimum setback required for a one-story principal building in the relevant district or by the buffer and landscaping requirements of Article IV, § 305-28, Buffer areas, and § 305-42, Landscaping, whichever is less.
(c)
Exception for residential driveway serving up to four units. A residential driveway, unless providing shared access, shall be setback a minimum of 2.5 feet from the property line.
(2)
Parking dimensions.
(a)
Each off-street parking space shall have the following minimum dimensions, in feet:
Parallel Parking | Perpendicular Parking | |||
|---|---|---|---|---|
Width | Length | Width | Length | |
Standard | 9 | 24 | 9 | 18 |
(3)
Ingress and egress dimensions.
(a)
All parking areas serving nonresidential use shall have clearly defined driveway(s) not wider than 30 feet. Such driveways shall be defined with the use of curbing along the street and an appropriate tree lawn between the sidewalk and street.
(b)
All parking areas serving residential uses shall have a clearly defined driveway not wider than 24 feet. Such driveways shall be defined with the use of curbing along the street and an appropriate tree lawn between the sidewalk and street, or other means approved by the Code Enforcement Officer.
F.
Shared parking. In the case of two or more different uses located on the same lot, the sum of the space required for all uses individually may be reduced to an amount no less than 50% of the largest number of spaces required by any single use, upon a determination by the Planning Board that such a reduced amount of parking spaces will be adequate to serve all uses on the lot due to their different character and hours of operation.
G.
Landscape standards.
(1)
Not less than 5% of the interior of a parking area designed for 11 to 25 cars shall be devoted to landscaped areas. Not less than 10% of the interior of a parking area designed for 26 cars or more shall be devoted to landscaped areas. Interior parking lot landscaping shall be considered as part of the twenty-five-percent-minimum landscaping requirement.
(2)
Landscaped islands shall be located at the ends of each parking bay which contains 11 or more parking spaces, separating adjacent rows of parking spaces at least every second parking bay and elsewhere as determined appropriate by the Planning Board in order to direct vehicle movement, provide for plant growth and vehicle overhang, provide for pedestrian circulation and otherwise help assure proper traffic circulation, pedestrian safety, and aesthetics.
(3)
Unless modified by the Planning Board, the minimum width of landscaped islands shall be seven feet when located at the ends of parking bays and 10 feet where separating opposing rows of parking spaces or adjacent to circulation aisles. All corners shall be rounded with a curb radius of not less than three feet unless otherwise required by the Planning Board.
(4)
The landscaping of off-street parking areas shall include at least one shade tree of not less than three inches caliper for each six parking spaces. Main traffic circulation aisles shall be emphasized with such shade trees. Other landscaped islands may be planted with flowering trees and/or other plantings, as appropriate. The shade trees are in addition to ground cover, shrubs and hedges which are to be provided where required per § 305-42, Landscaping and buffers, and to serve their intended function while not interfering with safe sight distance for pedestrians and vehicles.
(5)
The Planning Board may also permit nonlandscaped islands, if appropriate, for purposes such as pedestrian circulation and snow storage. Such islands shall not be less than seven feet in width.
(6)
All off-street parking and loading facilities shall be landscaped along their periphery.
(7)
The corners of parking lots where rows of parking spaces leave areas unavailable for parking or vehicular circulation shall be landscaped as specified for a required landscaped yard that may include architectural features such as benches, kiosks or bicycle parking.
H.
Required parking spaces. The following number of off-street parking spaces shall be required of each of the uses herein identified:
Residential Uses | |
|---|---|
Accessory dwelling unit | + 1 |
Apartment complex | 1 per dwelling unit |
Bed-and-breakfast | + 1 per guest room |
Dwelling, multiple family, 3-4 units | 1 per dwelling unit |
Dwelling, multiple family, 5+ units | 1 per dwelling unit |
Dwelling, single-family | 1 per dwelling unit |
Dwelling, single-family semidetached | 1 per dwelling unit |
Dwelling, townhouse | 1 per dwelling unit |
Dwelling, two-family | 2 per dwelling unit |
Dormitory | 1 per dwelling unit |
Residential care facility | 1 per each 4 residents + 1 per 1,000 square feet of administrator space |
Tiny house clusters | N/A |
Institutional Uses | |
|---|---|
Cemetery | N/A |
Conference/convention center | 1 per 1,000 square feet |
Cultural use facility/museum | 2.5 per 1,000 square feet |
Day-care center/day-care facility | 1 per each 6 children enrolled |
Day-care, family home | 1 per each 6 children enrolled |
Healthcare facility, outpatient | 2 per 1,000 square feet |
Hospitals | 3 per 1,000 square feet |
Homeless shelter | 1 per employee |
Nursery school | 1 per each 6 children enrolled |
Performing art venue | 1 per each 5 seats |
Place of worship | 1 per each 4 seats |
Public/semipublic use | 1 per 1,000 square feet |
Laundry, self-serve | 2 per 1,000 square feet |
Makerspace | 1 per 2,000 square feet |
Micro-brewery | 3 per 1,000 square feet |
Micro-distillery | 3 per 1,000 square feet |
Mixed use building | 1 per dwelling unit + 1 per 2,000 square feet |
Motor vehicle repair station | 1 per 1,000 square feet |
Motor vehicle salesroom/rentals | 1 per 1,000 square feet |
Motor vehicle service station | 1 per 1,000 square feet |
Motor vehicle wash | 1 per 1,000 square feet |
Movie theater | 1 for every 1,000 square feet |
Nightclub | 10 per 1,000 square feet |
Pawn shop | 1 per 1,000 square feet |
Office | 3 per 1,000 square feet |
Recreation, indoor commercial | 1 per each 4 persons of design capacity |
Recreation, outdoor commercial | 1 per each 4 persons of design capacity |
Restaurant | 16 per 1,000 square feet |
Restaurant, quick service | 7 per 1,000 square feet |
Retail, big box | 3 per 1,000 square feet |
Retail, goods and services | 1 per 1,000 square feet |
Self-service storage facility | 1 per 2,000 square feet |
Smoke shop | 4 per 1,000 square feet |
Commercial Uses | |
|---|---|
Adult-use business | 1 per 1,000 square feet |
Animal grooming | 1 per 1,000 square feet |
Animal hospital | 1 per 1,000 square feet |
Artist studio | 1 per 2,000 square feet |
Bakery, commercial/wholesale | 1 per 2,000 square feet |
Bakery, retail | 1 per 2,000 square feet |
Bar | 12 per 1,000 square feet |
Brewery | 1 per 1,000 square feet |
Brew pub | 8 per 1,000 square feet |
Cannabis on-site consumption | 8 per 1,000 square feet |
Cannabis retail dispensary | 4 per 1,000 square feet |
Commercial kitchen | 1 per 1,000 square feet |
Crematorium | 1 per 1,000 square feet |
Distillery | 1 per 1,000 square feet |
Drive-through | N/A |
Dry-cleaning facility | 1 per 1,000 square feet |
Dry-cleaning outlet | 1 per 2,000 square feet |
Equipment sales, repair or rentals | 1 per 1,000 square feet |
Farmers market, permanent | 1 per 1,000 square feet |
Farmers market, temporary | 1 per vendor |
Flea market | 2 per vendor |
Funeral home | 2 per 1,000 square feet |
Garden center | 1 per 2,000 square feet |
Greenhouse, commercial | 1 per 1,000 square feet |
Health club | 3 per 1,000 square feet |
Heavy commercial, industrial park | 1 per each 2 employees |
Home occupation | 1 per employee reporting on a daily basis, excluding owner |
Hotel/motel | 1 per room |
Inn | 1 per room |
Kennel | 1 per 1,000 square feet |
Tasting room | 1 per 1,000 square feet |
Taxi dispatch stand | 1 per 3,000 square feet |
Tow truck operation | 1 per 1,000 square feet |
Urban agriculture | 1 per 1,000 square feet |
Urban farm | 1 per 1,000 square feet |
Winery | 3 per 1,000 square feet |
Wireless telecommunications facility | N/A |
Industrial Uses | |
|---|---|
Agricultural processing plant | 1 per 1,000 square feet |
Auto wrecking yard | 1 per each 2 employees |
Contractor's yard | N/A |
Distribution center | 1 per 1,000 square feet |
Industry, heavy | 1 per each 2 employees |
Industry, light | 1 per 1,000 square feet |
Junkyard | 1 per each 2 employees |
Light industrial, industrial park | 1 per each 2 employees |
Outdoor storage | N/A |
Scrap metal processing | 1 per each 2 employees |
Towing and impoundment yard | N/A |
§ 305-49 Outdoor seating.
A.
Purpose. The purpose of this chapter is to allow for outdoor seating including patio tables, chairs, and benches that are incidental in nature to the primary use of the property.
B.
General regulations.
(1)
The outdoor eating area must be directly accessible to the interior eating area.
(2)
No such areas shall be permitted within the public right-of-way, except as permitted by Chapter 248, Sidewalk Cafes, of the City of Auburn Municipal Code.
(3)
A minimum of one trash receptacle for each four tables or 12 seats must be provided. At least one is to be located at the exit area into the public right-of-way or the interior restaurant.
§ 305-50 Outdoor storage of materials and equipment.
A.
Storage of materials and equipment.
(1)
No construction or landscaping material of any kind shall be stored outdoors in any zoning district, except in one- or two-family lots, unless:
(a)
Allowed as part of an approved site plan;
(b)
Used in the construction or alteration of a structure on the same lot or in the same development and stored for not more than 30 days after completion of construction; or
(c)
Such outdoor storage is limited to machinery, equipment or supplies essential to the operation of storage of any products grown on the premises of a farm or nursery.
(2)
No front yard shall be used for any open storage, living, sleeping or housekeeping purposes, or other storage of vehicles including, but not limited to, motor homes, camping trailers or vehicles, or boats. This shall not be construed to prohibit parking of said vehicles within a duly established driveway. To be considered parked, a vehicle must be in operable condition with current and valid state registration.
(3)
No heavy equipment storage shall be permitted within the in the Single-Family Residential (R-1) and Multiple-Family Residential (R-2) Zoning Districts except when said equipment is intended for the maintenance of the parcel and is stored within a fully enclosed structure.
(4)
All enclosed storage shall be within structures which meet the requirements of the New York State Code, Rules and Regulations. Storage in mobile homes not connected to public utilities or tractor trailer bodies are not allowed in any district.
(5)
No outdoor storage shall occur within 100 feet of a residential district. Outdoor storage shall provide a combination of distance and appropriately dense plantings or setbacks from residential districts.
(6)
Upon written approval by the Code Enforcement Officer, the temporary outdoor display of plants, trees and landscaping materials may be permitted for a period not to exceed six months per year. Such displays shall be maintained to provide a neat, orderly appearance at all times.
B.
Storage of automotive vehicles.
(1)
Automotive vehicles of any kind or type without current license plates shall not be parked or stored on any residentially zoned property other than in completely enclosed buildings.
(2)
Automotive vehicles of any kind or type shall not be parked on any residentially zoned property in a required front yard, exclusive of a dedicated driveway.
§ 305-51 Projections into yards.
A.
General regulations.
(1)
Projections permitted in front, rear, and side yards:
(a)
The ordinary projection of window sills, belt courses, cornices and other ornamental features not to exceed four inches.
(b)
Balconies, bay windows, chimneys and roof projections not to exceed two feet.
(c)
Retaining wall of any necessary height.
(d)
In no case shall a carport project into a required side or front yard.
(e)
Unenclosed steps not extending above the floor level of the first story, provided that such steps are at least five feet from any lot line.
(2)
Decks, patios and terraces are allowed provided that they are located three or more feet from any side or rear lot line. Decks, patios and terraces are prohibited in the front yard.
(3)
Porches may project into any front, rear or side yard provided that they are located 10 or more feet from the property line.
(4)
Stoops are permitted in the front, side or rear yard and may be covered or uncovered provided they are located 10 or more feet from the property line.
(a)
Stoops shall be less than 36 inches in height, four feet in width, and three feet in depth and connected to the street front or driveway by a sidewalk or pathway that leads to an elevated first story. The sidewalk or pathway shall not exceed six feet in width. An area that exceeds any of these dimensions shall be considered a porch or deck.
§ 305-52 Public buildings, public services, and public utilities.
The provisions of this chapter shall not be so construed as to limit or interfere with the development or use of public buildings used for governmental purposes or with the construction, installation, operation and maintenance for public utility purposes of water and gas pipes, mains and conduits, electric light and electric power transmission and distribution lines, telephone lines, sewers and sewer mains and incidental appurtenances or with any highway or railroad right-of-way existing or hereafter authorized by the City of Auburn or the State of New York. The above provision shall not be construed to permit yards, garages or other buildings for service or storage by said public utilities, except as otherwise permitted by this chapter.
§ 305-53 Short-term rentals.
A.
Purpose. The purpose of this section is to allow the homeowners of the City of Auburn to provide short-term rental units, simultaneously protecting the public interest and preserving the residential character of the community.
B.
Permitting.
(1)
Short-term rentals are not permitted in any Single-Family Residential District (R-1).
(2)
Applications for a permit to operate a short-term rental unit shall be available from the Code Enforcement Officer. Applications shall include the following information:
(a)
Parking. Off-street parking shall be provided to accommodate the occupancy of the structure, one parking space for each bedroom in the dwelling plus other parking as required by § 305-48, Off-street parking and loading, of this chapter. Vehicles shall not be parked on front lawns.
(b)
Garbage removal. Property owners shall indicate the means by which garbage is removed from the property. If there is a dumpster located on the property, the location of the dumpster shall be depicted on the plat submitted with the application.
(c)
Maintenance. The applicant shall indicate the manner in which lawn maintenance, snow removal, and repairs to the dwelling unit shall be maintained during the permit period.
(d)
House rules. The applicant shall submit a copy of the house rules.
(e)
Insurance and bed tax. Applicant shall provide proof of insurance coverage and bed tax number.
(3)
Upon receipt of the application and fee, the Code Enforcement Officer shall determine if the applicant has complied with all of the requirements of this chapter. If the applicant has fully complied, then the Code Enforcement Officer shall issue the property owner a short-term transient rental permit.
(4)
If an applicant is required to obtain any other permits required by the City of Auburn, Cayuga County or State of New York in order to rent or lease their dwelling unit on a short-term basis, then the Code Enforcement Officer shall not issue the applicant a permit under this section without sufficient proof that such other requirements imposed by the City of Auburn, Cayuga County or State of New York have been satisfied.
(5)
The Code Enforcement Officer shall have 45 days to determine whether the applicant has complied with the requirements of this chapter. Failure of the Code Enforcement Officer to act within 45 days shall constitute an approval unless the applicant and the Code Enforcement Officer mutually agree to extend this time limit.
§ 305-54 Sidewalk cafes.
A.
General regulations. Sidewalk cafes shall be permitted upon application to the City Manager in compliance with Chapter 248 of the City of Auburn Municipal Code.
(1)
Sidewalk cafes shall operate in connection with the operation of a restaurant on the first floor of the adjoining premises, which fronts or empties onto the street at the approximate location where the sidewalk cafe license is requested.
(2)
Adequate pedestrian access must be provided, which is considered to be eight feet of unobstructed access between chair/table and curb edge or street furniture. Access may be less under certain circumstances, but cannot be less than five feet of unobstructed access. A seating location diagram must be provided to verify adequate access.
(3)
Hours of operation may be required to be limited depending upon location.
(4)
All sidewalk cafes must comply with all New York State Alcohol and Beverage Control laws and public health regulations.
§ 305-55 Swimming pools.
A.
General regulations. A private swimming pool and bathhouse accessory to a residential building and limited to use by the occupants thereof and their guests, subject to the following conditions and issuance of a permit:
(1)
Only a single private outdoor swimming pool per dwelling is permitted as an accessory use to a residential structure.
(2)
All outdoor swimming pools shall meet the New York State Building Code.
(3)
All outdoor swimming pools hereafter constructed and all existing pools which have a minimum depth of 24 inches of water are subject to the following:
(a)
The edge of the pool shall not be located closer than 10 feet to any property line, nor in the front yard nor occupy more than 10% of the lot area.
(b)
Every outdoor swimming pool shall be completely surrounded by a fence or wall not less than four feet in height which shall be so constructed as not to have openings, holes or gaps larger than four inches in any dimension, except for doors and gates, and, if a picket fence is erected or maintained, the horizontal dimension shall not exceed four inches. A dwelling, house or accessory building may be used as part of such enclosure.
(c)
All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when the pool is not in actual use. Such door must be locked. The door of any dwelling which forms a part of the enclosure need not be so equipped.
(d)
No person in possession of land within the City, either as owner, purchaser, lessee, tenant or a licensee, upon which is situated a swimming pool having a minimum depth of 24 inches shall fail to provide and maintain such fence as herein provided.
§ 305-56 Telecommunication antennas, private.
A.
General regulations. Telecommunication antennas accessory to a principal use, including dish antennas, are permitted provided:
(1)
No part of such accessory shall be located in a front yard;
(2)
Antennas shall not be attached to the front of the primary structure;
(3)
Antennas shall not exceed one meter in diameter or diagonal measurement;
(4)
Height of the antenna, including any supporting structure, shall not exceed the maximum building height for the principal use as defined in the Bulk and Use Tables.
§ 305-57 Temporary structures/temporary storage units.
A.
Temporary structures may be permitted in any district for uses incidental to construction work for a period of time not to exceed six months, provided that such buildings shall be removed forthwith upon the completion or abandonment of the construction work.
B.
Permits for any other temporary structures or for any extension of the six-month time limit shall be issued only upon authorization of the Common Council.
§ 305-58 Temporary uses.
A.
Summary of uses addressed. This section addresses the establishment and operation of activities that are temporary in nature. Such uses are generally permitted in any zoning district. Where such a use is limited to a particular district or districts such limitation will be noted herein.
B.
Permitted temporary uses. Subject to the specific regulations and time limits which follow, and to the other applicable regulations of the district in which the use is permitted, the following temporary uses of land are permitted as herein specified:
(1)
A mobile home in any district as a temporary residence placed by public or private emergency services in response to the loss of shelter as a result of natural or man-made disaster. Such use shall be limited to the period of permanent shelter reconstruction and in any event no longer than 12 months following loss of shelter. No such use shall be undertaken unless such mobile home shall have first been properly connected to City water and sewer lines and to all required public utilities.
(2)
Indoor and outdoor arts and craft shows, exhibits and sales in any commercial or industrial district and, subject to proper approval of the City, in any public park in a residential district. Such use shall be limited to a period not to exceed five days.
(3)
Contractors' offices and equipment sheds containing no sleeping or cooking accommodations in any district when accessory to a construction project. Such use shall be limited to a period not to exceed the duration of such project as determined through the site plan approval process.
(4)
Real estate offices containing no sleeping or cooking accommodations, unless located in a model dwelling unit, in any district when accessory to a new housing development. Such use shall be limited to the period of the active selling or leasing of dwelling units in such development as determined through the site plan approval process.
(5)
A festival on property owned by any not-for-profit group or organization and when approved by the Code Enforcement Officer on the basis of the adequacy of the parcel size, parking provisions and traffic access and the absence of undue adverse impact on surrounding properties in the residential district. Such use shall be limited to a period not to exceed 72 hours. Such use need not comply with the front yard requirements of this chapter, except that structures or equipment which might block the view of operators of motor vehicles on the public streets shall not be located within 30 feet of the intersection of the curblines of any two streets. Such use need not comply with the maximum height requirements of this chapter.
(6)
Other temporary uses found by the Code Enforcement Officer to comply with the provisions of this section.
C.
Limitations.
(2)
Before approving any temporary use, the Code Enforcement Officer shall make an assessment of the total number of off-street parking spaces which will be reasonably required for the use on the basis of the particular use, its intensity and the availability of other parking facilities in the area and shall approve such temporary use only if such off-street parking is provided.
(3)
No temporary use shall be operated during any hours or on any days of the week except such as are designated by the Code Enforcement Officer on the basis of the nature of the temporary use and the character of the surrounding uses.
(4)
Any restrictions deemed appropriate by the Code Enforcement Officer under the provisions of this chapter shall be noted upon the permit issued for the temporary use.
D.
Conflicts with other laws. Where other laws, ordinances, or regulations of the City of Auburn require issuance of a license, permit or other instrumentality for a use regulated by this section, such other laws, ordinances, or regulations shall supersede this section.
§ 305-59 Tiny houses and tiny house clusters.
A.
General requirements.
(1)
Tiny houses are not permitted as individual dwelling units on parcels within the City of Auburn.
(2)
All tiny houses must be part of a tiny house cluster development.
(3)
A minimum of four tiny houses and a maximum of 12 tiny houses are permitted per tiny house cluster.
(5)
All tiny houses must have front porches.
(a)
Porches shall be oriented towards common open space or street.
(b)
Porches shall be a maximum of 60 square feet and a minimum of six feet deep on the common open space side of the building.
(c)
The square footage of porches may be reduced to 40 square feet on units less than 350 total gross square feet.
(6)
Centralized common area.
(a)
All tiny house clusters must meet the minimum requirements for open space and common areas as set forth.
(b)
The common open space area shall include useable public spaces, such as lawn, gardens, patios, plaza or scenic viewing areas. Common tables, chairs and benches are encouraged, with all houses having access to it.
(c)
Four hundred square feet of common open space is required per unit.
(d)
Fifty percent of units must have their main entry on the common open space.
(e)
All units must be within five feet of each common open space(s).
(f)
Passive trails are allowed and may count towards the common open space requirement.
(g)
Common open space shall be located outside of stormwater/detention ponds, wetlands, streams, lakes, and critical area buffers, and cannot be located on slopes greater than 10%.
(7)
Tiny house clusters, not owned under single ownership, must be part of a condominium or homeowners' association to oversee maintenance of the common areas.
B.
Permitting. All tiny house clusters are subject to major site plan review, as described in Article VI, Site Plan Review, of this chapter.
C.
Maintenance of common areas. Maintenance of open space and utilities: before approval is granted, the applicant shall submit covenants, deeds and homeowner association bylaws and other documents guaranteeing maintenance and common fee ownership of public open space, community facilities, private roads, driveways, and all other commonly owned and operated property. These documents shall be reviewed and accompanied by a certificate from an attorney that the site complies with the requirements of this chapter prior to approval.
§ 305-60 Wireless telecommunications facility.
In addition to requirements set forth in district Bulk and Use Tables, any wireless telecommunications facility shall be regulated by the Code of the City of Auburn Chapter 300, Wireless Telecommunication Facilities.
§ 305-61 Smoke shops.
A.
Purpose. To further the goals of New York State's tobacco use prevention and control program, as identified in New York State Public Health Law § 1399-ii. The City Council finds that: (a) tobacco is a leading cause of preventable death and disease in New York State; (b) adolescent brains are uniquely vulnerable to the effects of nicotine and the formation of nicotine dependence; (c), tobacco and vapor/e-cigarette retail outlet density is associated with high rates of youth and adult tobacco use, as well as higher rates of initiation of nicotine use among adolescents and young adults; (d) tobacco and vapor products usage is linked to an increased incident in cancers and disease and therefore is harmful to the public health, and (d) restricting the sale of tobacco and vapor/e-cigarette products to certain zoning districts and reducing the concentration of sale locations will reduce the availability of tobacco and nicotine to residents, including adolescents, improving public health and lessening the incidence of various cancers and diseases.
B.
General regulations.
(1)
Smoke shop locations may only operate between the hours of 8:00 a.m. and 8:00 p.m.
(2)
Where the use in a zoning district for retail, goods and services would require the approval of a site plan by the Planning Board, the approval of the Zoning Board of Appeals, a special use permit, or any other approval, such requirement or requirements shall also apply to smoke shop.
(3)
It is unlawful for a smoke shop and tobacco store to knowingly allow or permit a minor, not accompanied by his or her parent or legal guardian, to enter or remain within any smoke shop and tobacco store.
(4)
Smoke shops and tobacco stores shall post clear signage stating that minors may not enter the premises unless accompanied by a parent or legal guardian. One said sign, measuring approximately 144 square inches, shall be placed in a conspicuous location near each public entrance to the smoke shop and tobacco store. It shall be unlawful for a smoke shop and tobacco store to fail to display and maintain, or fail to cause to be displayed or maintained, said signage.
(5)
Attention-getting devices including, but not limited to, LED signs, flashing lights, flags, and banners which display or reference tobacco, tobacco paraphernalia, or tobacco products shall be prohibit outside of the structure. When such attention-getting device is located inside the structure, it shall not be readily visible from the public right-of-way.
C.
Location.
(1)
Smoke shops shall be a permitted use in, and only in, any zoning district of Chapter 305 of the Code of the City of Auburn that allows retail, goods and services, not including home occupations, provided that:
(a)
No smoke shop shall be permitted within 1,000 feet of another smoke shop.
(b)
No Smoke shop shall be permitted within 500 feet of a school, nursery school, daycare, playground, public library, municipal park, or other similar uses where children regularly gather.
(c)
No smoke shop shall be permitted within 300 feet of a single-family, two-family, or townhouse residential use.
(d)
No smoke shop shall be permitted within 200 feet of a house of worship.
(2)
Said distances shall be measured from property line to property line.
§ 305-62 Solar energy systems.
A.
Purpose. The purpose of solar energy systems is to advance of the use a safe, abundant, and renewable energy resource while protecting the public health, safety, and welfare of Auburn, New York.
B.
Applicability. The requirements shall apply to all solar energy systems installed or modified after its effective date, excluding general maintenance and repair and Building-Integrated Photovoltaic Systems.
C.
Solar as an accessory use or structure.
(1)
Roof-mounted solar energy systems.
(a)
A building permit or unified permit shall be required for installation of roof-mounted solar energy systems.
(b)
Roof-mounted solar energy systems that use the electricity onsite or offsite are permitted as an accessory use in all zoning districts when attached to any existing and lawfully permitted building or structure.
(c)
Height. Solar energy systems shall not exceed the maximum height restrictions of the zoning district within which they are located.
(d)
Aesthetics. Roof-mounted solar energy system installations shall incorporate the following design requirements:
[1]
Panels facing the front yard must be mounted at the same angle as the roof's surface with a maximum distance of 18 inches between the roof and highest edge of the system.
(e)
Roof-mounted solar energy systems that use the energy onsite or offsite shall be exempt from site plan review.
D.
Approval standards for large-scale solar systems as a special use.
(1)
Large-scale solar energy systems are permitted through the issuance of a special use permit within the 1-2: Resource Recovery District, subject to the requirements set forth in this section, including site plan approval.
(2)
The Planning Board may, in its discretion, waive requirements of this section for a large-scale solar system that it believes is harmonious with land uses in the area where it is proposed to be built and where, because of its size or other considerations, the Planning Board believes that it does not need to be subjected to the special use permit and site plan regulations imposed by this section. This waiver may be a partial waiver, allowing the Planning Board to require a large-scale solar system to comply with individual requirements found in this section.
(3)
Special use permit application requirements. The application for a special use permit shall be supplemented by the following provisions.
(a)
Drawing showing the layout of the solar energy system signed by a professional engineer or registered architect shall be required.
(b)
The equipment specification sheets shall be documented and submitted for all photovoltaic panels, significant components, mounting systems, and inverters that are to be installed.
(c)
Property operation and maintenance plan. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing and trimming.
(d)
Decommissioning plan. To ensure the proper removal of large-scale solar energy systems, a decommissioning plan shall be submitted as part of the application. Compliance with this plan shall be made a condition of the issuance of a special use permit under this section. The decommissioning plan must specify that after the large-scale solar energy system can no longer be used, it shall be removed by the applicant or any subsequent owner. The plan shall demonstrate how the removal of all infrastructure and the remediation of soil and vegetation shall be conducted to return the parcel to its original state prior to construction. The plan shall also include an expected timeline for execution. A cost estimate detailing the projected cost of executing the decommissioning plan shall be prepared by a professional engineer or contractor. Cost estimations shall take into account inflation. Removal of large-scale solar energy systems must be completed in accordance with the decommissioning plan. If the large-scale solar energy system is not decommissioned after being considered abandoned, the City may remove the system and restore the property and impose a lien on the property to cover these costs to the City.
(4)
Special use permit standards.
(a)
Height and setback. Large-scale solar energy systems shall adhere to the height and setback requirements of the zoning district.
(b)
Lot size. Large-scale solar energy systems shall adhere to the lot size requirements of the zoning district.
(c)
Lot coverage. A Large-scale solar energy system shall not exceed 80% of the lot on which it is installed. Lot coverage shall be defined as the area measured from the outer edge(s) of the arrays, inverters, batteries, storage cells and all other mechanical equipment used to create solar energy, exclusive of fencing and roadways.
(d)
Allowable impervious surface coverage. Large-scale solar energy systems shall adhere to the maximum allowable impervious surface coverage requirements of the zoning district.
[1]
The surface area of the solar energy system, regardless of the mounted angle of any portion of the solar panels, is not considered an impervious surface and shall not be calculated as part of the property lot coverage limitations for the zoning district.
[2]
Footers and other hard surfaces placed underneath racking and mounting systems are considered impervious and count towards impervious surface calculations.
(e)
Plantings. The area under and between rows of solar panels shall be permeable and planted with native plant species including groundcovers, grasses, and/or wildflowers.
(f)
All large-scale solar energy systems shall be enclosed by fencing to prevent unauthorized access. The fencing and the system may be further screened by any landscaping needed to avoid adverse aesthetic impacts.
(g)
Any application under this section shall meet any substantive provisions contained in local site plan requirements in the zoning code that, in the judgment of the Planning Board, are applicable to the system being proposed. If none of the site plan requirements are applicable, the Planning Board may waive the requirement for site plan review.
(h)
The Planning Board may impose conditions on its approval of any special use permit under this section in order to enforce the standards referred to in this section or in order to discharge its obligations under the State Environmental Quality Review Act (SEQRA).
E.
Abandonment and decommissioning. Solar energy systems are considered abandoned after 12 months without electrical energy generation and must be removed from the property in accordance with the decommissioning plan.