Cato Town City Zoning Code
ARTICLE VII
Special Use Permits
§ 114-20 Purpose and intent.
The purpose of this article is to set forth supplemental regulations, procedures, and conditions which shall apply to specially permitted land use activities in the Town of Cato. Special uses are those uses that will have a special impact or unique form which requires a case-by-case review to determine the use's compatibility with the surrounding properties and to mitigate adverse impacts to the harmony of the neighborhood and the environment. In reaching a determination on a special use permit application, the Planning Board shall take into consideration such concerns as the specific location, design, configuration, and impact to others, together with the criteria set forth below.
§ 114-21 Applicability.
No zoning permit shall be issued by the Code Enforcement Officer for any land use or activity listed in § 114-7 as requiring a special use permit (SP) until the Planning Board has approved the special use permit application. The Planning Board shall approve applications for special use permits only when satisfied that all applicable requirements, as set forth in this section, have been complied with, in addition to all other requirements of this chapter. All fees as established by Town Board in a fee schedule shall be paid.
§ 114-22 Procedure for obtaining a special use permit.
The Planning Board shall hear and decide upon any application for a special use permit as listed in § 114-7. Applicants shall have the burden of proof in establishing their right to a special use permit.
As part of a special use permit application, site plan review in accordance with the requirements listed in Article VIII is required. The following additional materials must also be provided by the applicant:
A special use permit application with all information required therein.
A narrative statement with any supporting evidence regarding the merits of the proposed use at the proposed location and how the proposal complies with the general and specific requirements of this chapter.
All completed forms and supplemental information as required by Article 8 of the New York State Environmental Conservation Law, known as the State Environmental Quality Review Act, and regulations at NYCRR Part 617 adopted thereunder (collectively, "SEQRA").
Public hearing and Planning Board Action on special use permits.
Within 62 calendar days of the receipt of a complete application for special use permit, the Planning Board shall conduct a public hearing.
The Planning Board shall publish a notice in the Town's official newspaper and post in any other location/media that the Town deems appropriate and necessary at least 10 business days prior to the date fixed for public hearing.
The Planning Board shall send by certified mail a copy of the public notice to all owners of parcels that are immediately adjacent to and extending 500 feet therefrom, or of that directly opposite thereto, extending 500 feet from the street frontage of the parcel(s) of land included in the application for the special use permit at least 10 business days prior to the date of such public hearing.
The Planning Board shall make a decision on the application within 62 calendar days after such hearing and file said decision within five business days after the day such decision was rendered with the Town Clerk, and mail such decision to the applicant with a copy to the Code Enforcement Officer. The time within which a decision must be rendered may be extended by mutual consent of the applicant and the Planning Board.
Referral to the County Planning Board must be made at least 10 business days before the required public hearing by the Planning Board under provisions of Section 239-l, m and n of the New York State General Municipal Law.
§ 114-23 General requirements and standards.
The Planning Board shall grant a special use permit only if the proposed use will meet all of the following general requirements as well as any specific requirements and standards listed for the proposed use. A proposed use is:
Consistent with an orderly and appropriate development of the neighborhood and surrounding area and follows the Town of Ira and Cato Joint Community Comprehensive Plan;
Not unreasonably detrimental to the existing structures or uses in the neighborhood by reason of noise or vibration, odor or other form of air pollution, fire or explosive hazard, glare or any other substance, condition, of element, or size of operation;
As to general character, height and use of structure, the provisions of surrounding open space and treatment of grounds and as to its effect on street capacity and use, sufficient to safeguard public health, comfort and convenience and to preserve the general character of the neighborhood in which such structure is to be placed or such use is to be conducted; and
Where appropriate, an adequate transition between adjacent uses or districts;
Will not cause undue traffic congestion or create a traffic hazard; and
Will be in conformance with all applicable requirements of this chapter.
In granting a special use permit, the Planning Board may impose conditions regarding layout, circulation, and performance it deems necessary to ensure that any proposed development will secure substantially the objectives of these Regulations; and to safeguard the public health, safety and welfare in granting the permit. These conditions may include but are not limited to the following:
Increasing the required lot size or yard dimensions.
Limiting the height, size, or location of buildings.
Controlling the location and number of vehicle access points.
Increasing the number of required off-street parking spaces.
Limiting the number, size, location, and lighting of signs.
Requiring fencing, screening, landscaping, or other facilities to protect adjacent or nearby property.
Designating areas for open space.
§ 114-24 Expiration and revocation of special use permits.
Expiration of permits.
An applicant granted a special use permit shall be given six months in which to begin to put into effect the use permitted by the granted special use permit. The Planning Board may increase this period from six months to a year at its discretion upon request from the permit holder.
A special use permit shall expire if the special permit use or uses cease for more than 12 consecutive months.
Revocation of special use permit. The Planning Board may revoke a special use permit upon reasonable cause should the permittee violate the conditions of the special use permit and fails to terminate such violation within 30 calendar days of receiving a notice of violation; engages in any activity not authorized by the special use permit; or fails to comply with any other provision of this chapter. Before a permit may be revoked, a public hearing shall be held by the Planning Board. Notice of the hearing shall be made in the official newspaper at least 10 business days prior to the date thereof. The permit holder shall be notified of the hearing by certified mail at least 10 business days prior to the hearing. At the hearing, the Planning Board shall hear the permit holder and all other persons wishing to be heard on the revocation of the special use permit. If the Planning Board decides to revoke a special use permit, the reasons for such revocation shall be stated in the public hearing minutes. The permit holder shall be immediately notified of the revocation by certified mail.
§ 114-25 Requirements for defined special uses.
In addition to the procedures, requirements, and standards listed elsewhere in this article, the following uses have specific criteria that must be met by the applicant for a special use permit.
Gasoline stations shall meet the following standards:
In addition to the information required for site plan review, the plan shall also indicate the location, number, capacity, and type of fuel storage tanks, the number of pumps to be installed, and the depth to the tanks. The site plan shall also include a proposed landscaping plan including evergreen trees planted along a forty-foot buffer between adjacent properties.
No fuel pump, parking area, or outdoor service facility shall be located within 20 feet of any designated street line or within 40 feet of any property line.
All fuel tanks shall comply with all New York State Department of Environmental Conservation regulations.
No fuel service station shall have an entrance or exit for vehicles within 200 feet, as measured along the public street, in which there exists a school, park, public playground, religious institution, hospital, or public library, and such access shall be not closer to any intersection than 125 feet.
Fuel stations may include retail sales of food, convenience items, and minor automotive supplies or liquids provided that the sales of such items are within an enclosed structure and are an accessory use. Sales areas outside of the primary structure may be displayed on the pump islands or the building island only.
Lights or lighted signs shall be installed in such a way that reduces any glare affecting adjacent residential property.
All oil drainage pits and hydraulic lifts shall be located within an enclosed structure and shall be located no closer than 50 feet to any property line.
No major repair work or overhaul, including body work, shall be conducted outside. All damaged or dismantled vehicles, parts and similar articles shall be kept within a building when the fuel station is not open for public business.
Lots on which fuel stations are located shall be maintained at all times and kept free from paper, cans and other rubbish. Fuel stations shall not include body repair or similarly noisy or noxious activities.
Manufacturing facilities shall meet the following standards:
Maximum building height. No part of any building shall be erected to a height greater than 40 feet, measured from grade plane at the building site. Grade plane shall be defined using the definition established in the NYS Uniform Fire Prevention and Building Code.
There shall be a buffer strip along the side and rear property lines. Such buffer strips shall be at least 10 feet in depth and may consist of interlocking trees and foliage with or without a fence in a manner acceptable to the Planning Board. The maintenance of the buffer strip shall be the continuing obligation of the property owner.
No structures or area for the storage of materials or equipment shall be located closer to the road than the front setback for the principal structure, not closer than 20 feet from any side or rear property line.
No structures or area for the storage of materials or equipment shall be located closer than 100 feet from a perennial or intermittent stream, regulated wetland, or floodplain.
Suitable landscaping, including at least lawns and plantings, shall be installed and maintained and shall be subject to approval by the Planning Board.
Parking. All facilities must provide for on-site parking facilities. No on-street parking will be permitted. All parking lots must feature landscaped islands and, if adjacent to the public right-of-way, landscaped and grassy areas at least 10 feet in depth measured from the edge of the right-of-way.
All applicants shall submit plans to the Planning Board including at least the following information.
The area dimensions and location of the industry.
The number, location, and dimensions of all structures.
The location and methods of containment of all outdoor hazardous material storage.
Specifications of the water supply, sewage, and refuse disposal facilities, and proof of approval of said facilities from the Cayuga County Health Department.
Photometric lighting plan. No light spillage permitted offsite.
Any additional information requested by the Planning Board.
Multifamily dwelling. Development applications for newly constructed Multifamily dwelling units shall meet the following standards:
All dwelling units and structures shall comply with the standards set forth in the NYS Uniform Fire Prevention and Building Code. Said standards shall take precedence to this Zoning Code should there be a conflict.
There may not be less than two and not more than eight units in a single- or two-family attached dwelling group.
No driveway or parking lot should be closer than 25 feet to the front of any building or 10 feet to the side or rear of any building.
In the case of an enclosed garage or carport provided as a portion to the main structure, distance requirements for driveways providing access to these accommodations shall not apply.
Buildings shall not have large or long continuous wall or roof planes. Varied roof heights, projecting bays, gables, recesses, porches, and other architectural design elements shall be used to visually divide larger buildings. To prevent an out-of-scale, monolithic appearance buildings shall be visually divided into smaller sections no longer than 50 feet in length by gaps, recesses, or other architectural devices in such a way that adjacent buildings and facades define a continuous street wall and pedestrian-friendly streetscape.
Accessory structures, such as clubhouses, pools, pool buildings, storage buildings, and trash enclosures, shall be located in a manner that does not disturb or encroach upon the streetscape (pedestrian walkways, roadways, etc.) or adjacent residential neighborhoods.
Parking areas may be located in any setback other than the front setback, but no closer than 20 feet from any property line and shall comply with all other regulations of the district in which the use is located.
Public self-storage facilities shall meet the following standards:
The minimum lot area shall be one acre. All self-storage structures shall be set back a minimum of 100 feet from front lot line, and meet the side and rear setbacks in § 114-16B of this chapter. All other buildings or structures on site shall meet the setback requirements in § 114-16B of this chapter. The setback requirements for outdoor storage areas shall be the same as required for buildings.
All activities associated with the on-site retail sales of storage services, including the lease of fixed, individually secured and self-contained storage lockers or rooms, must occur within a permanent, approved and permitted enclosed structure on property owned, operated or otherwise legally controlled by the lessor of said retail storage services. Any incidental outdoor storage, such as parking for automobiles, trucks, buses, motorcycles, and highway and non-highway recreational vehicles, must be shown on the site plan, and it shall be screened with walls or fences as determined by the Planning Board.
Public self-service storage facilities shall be limited to long-term storage use only. No activities other than rental of storage units and pickup and deposit of long-term storage items shall be allowed. "Long-term storage" will be defined as the storage of goods or materials for a period of 60 days or greater.
All rental contracts shall include clauses prohibiting:
The storage of flammable liquids and highly combustible, radioactive or explosive materials, hazardous chemicals or substances considered illegal under state or federal statutes.
The use of property for uses other than long-term storage.
Short-term storage of items for the intent of warehousing activities and/or for retail sales.
The storage of perishable items or live animals.
The owner shall inspect each and every storage unit for cause or at a period no greater than once yearly. The owner shall maintain records of their inspections and make them available to the Code Enforcement Officer upon request.
The building spacing must allow for a fire apparatus access lane as required by the New York State Building Code and be designed according to AASHTO standards to accommodate all types of vehicles maneuvering through the entire site.
Vehicle access shall be designed so as to accommodate auto, van, light-duty trucks and other two-axle vehicles. Internal site circulation lanes shall be adequate in dimensional cross-section, width and turning radii, where applicable, to provide for the maneuverability of fire trucks. Adequate access shall be determined by the Planning Board in consultation with the Highway Superintendent and Fire Department.
Drives shall be surfaced with asphalt or oil and chip or some other hard-packed material capable of sustaining the weight of fire equipment. All interior travel lanes shall be posted to prohibit parking.
Landscaping. Plantings shall be provided in all yards facing public rights-of-way to visually screen the storage units from public view. Storage unit doors shall be screened from visibility from public streets to the maximum extent practicable. An earthen berm along the public right-of-way along with plantings is recommended to screen self-storage units from public view.
In instances where development prohibits views to the rear of the property, landscaping and buffer requirements shall be determined at the discretion of the Planning Board.
Security. The entire site shall be designed to minimize the potential for vandalism or criminal activity. Any fencing for security or aesthetic purposes shall be approved by the Planning Board as to material, height and color.
Hours of operation for self-storage facilities shall be limited to the hours of 6:00 a.m. to 11:00 p.m. daily.
Signs shall be installed in accordance with applicable provisions of this chapter; however, no signs shall be permitted on any portions of the security fencing.
Rental unit size shall be limited to a maximum of 400 square feet, and no single tenant shall be permitted to rent or lease more than 2,000 square feet.
Buildings shall be designed and oriented to reduce the visual impact on adjacent properties and existing roadways.
No building shall have an exterior wall height greater than 10 feet nor shall any single self-storage structure be longer than 150 feet in length.
Retail business establishments.
For all retail business establishments, the procedures, requirements, and standards listed in this article shall apply.
In addition to the procedures, requirements, and standards listed in this article, for retail business establishments with a floor area of 15,000 square feet or more, the following standards shall be met:
The retail business establishment shall have its frontage on a state or county road, and ingress and egress for the site shall be designed so as not to constrict the flow of traffic on the public road.
Parking, loading, and service areas shall be located entirely within the confines of the lot, shall be physically separated from public streets by buffer strips against un-channcled motor vehicular ingress.
All access ways to a public street, according to access management standards, shall be located not less than 200 feet (for a 30 or greater mph area) and 495 feet (for a 55 or greater mph area) from the intersection of any street line.
Along any adjoining lot line, a buffer strip shall be provided which shall not be less than 25 feet in thickness and shall be planted with at least grass, shrubs and trees (to attain an average height of at least 12 feet) along the entire length of the lot line to serve as a barrier to visibility, airborne particles, glare and noise. Such screen planting shall be located within at least the exterior 10 feet of the buffer strip.
All parking, loading, access and service areas shall be adequately illuminated at night.
Sawmills.
For all sawmills, the procedures, requirements, and standards listed in this article shall apply.
In addition to the procedures, requirements, and standards listed in this article, all proposed sawmills must meet the requirements for manufacturing facilities as prescribed in § 114-25A(2).
Slaughterhouses and custom meat processing facilities shall meet the following standards:
The facility must have all necessary federal, state and county licenses and approvals, and comply with all state and federal health and safety regulations.
Slaughter of animals shall take place inside a closed building in a confined area to prevent the transmission of sound associated with the slaughter to the outside.
Off-street parking sufficient to handle all customers, employees, trucks or transport vehicles shall be provided. Parking for all traffic utilizing the business shall be provided for on-site and off public roads, and other easements.
A waste management plan for the facility shall be provided and approved in writing by the Cayuga County Health Department.
Waste slaughter by-products shall be disposed of in accordance with all applicable federal, state, county, and local regulations. At a minimum, waste shall be disposed of within 48 hours of being produced. Waste shall be stored in airtight containers and shall be confined in fully enclosed structures. Manure from holding areas shall be removed from the site daily or stored in a manner to control odor.
Exterior storage areas, including animal storage areas, and vehicle and trailer storage, shall be fenced and screened from adjacent property and public rights of way. Fencing shall be sufficient to provide adequate screening and contain animals securely on the owner's property at all times. Based on site-specific conditions, including topography adjacent structures, and roadways, reasonable efforts shall be made to minimize visual impacts by preserving and/or enhancing natural vegetation, and providing landscape screening to abutting properties and roads.