Clyde Village City Zoning Code
ARTICLE VII
Special Permit Review
[Amended 9-21-2000 by L.L. No. 2-2000]
§ 190-28 Uses requiring review.
Uses requiring a special permit are listed by district in Article III.
§ 190-29 General criteria and findings.
A.
As a prerequisite to the approval of special permit application, the following general findings shall be made:
(1)
The proposed use is in compliance with all other applicable regulations of this chapter, inclusive of specific district controls and controls applicable to all districts and all other applicable local, state and federal regulations.
(2)
The proposed use will not have an adverse impact upon the character or integrity of any land use within the immediate neighborhood having unique cultural, historical, geographical, architectural or other special characteristics.
(3)
The proposed use is to be developed in such a way as to ensure maximum amenities available to the site based upon a consideration of the site plan and functional requirements of the proposed use.
(4)
The proposed use is physically and visually compatible with and will not impede the development or redevelopment of the general neighborhood or adversely affect the existing land uses in proximity to the subject site.
(5)
The proposed use will be provided with adequate supporting services, such as fire and police protection, public and private utilities and all other supporting governmental services necessary and appropriate to the proposed use.
(6)
Controls for vehicular and pedestrian movement.
(a)
Controls for vehicular and pedestrian movement are designed to provide for the safety of the general public and the occupants, employees, attendants and other persons for whose benefit the use is intended. In making this determination, consideration shall be given to but need not be limited to the following:
[1]
Location and adequacy of parking.
[2]
Pedestrian right-of-way.
[3]
Traffic regulatory devices.
[4]
Locations, number and design of points of ingress and egress.
[5]
Accessibility by emergency vehicles with particular emphasis on access to structures and provisions for turning and free movement.
[6]
Provision for snow storage.
[7]
Age and mobility of all persons for whose benefit the use is intended.
[8]
Speed limits upon and general character of public streets in proximity.
[9]
The proposed use will not generate any adverse environmental impact upon the surrounding properties, including but not limited to the emission of dust, noise, vibration, heat or glare or odor.
(b)
Compliance with the provisions of Article IX, Off-Street Parking and Loading, shall not constitute a determination that the foregoing requirements have been satisfied.
B.
In making a determination as to compliance with any one or more of the general findings set forth in Subsection A above, consideration shall be given but need not be limited to the following elements:
(1)
Geometric characteristics of all structures and related improvements.
(2)
Aesthetic characteristics, including design, texture, materials, colors and illumination.
(3)
Physical attributes of the site, including size, shape, elevation, topography and natural vegetation.
§ 190-30 Special criteria for specific uses.
In addition to the general criteria and findings prescribed for all special permits, the following specific criteria shall apply to the listed uses:
A.
Home occupations:
[Amended 4-19-2001 by L.L. No. 1-2001; 5-22-2019 by L.L. No. 2-2019]
(1)
General. Home occupations shall be permitted in all zones, provided the home occupation is clearly and obviously subordinate to the main use or dwelling unit for residential purposes. Home occupations shall be conducted wholly within the primary structure on the premises, or within a detached home workshop not more than 200 square feet in area.
(2)
Special definition.
NO-IMPACT HOME-BASED BUSINESS
A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client, employee or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises in excess of those normally associated with residential use. Business activities may include but not be limited to the use of a desk, computer, phone/fax machine and filing system. There can be no outward signs that a business is being conducted within the residence.
(3)
Conditions. Home occupations shall comply with the requirements of the NYS Uniform Fire Prevention Code and the following additional restrictions:
(a)
The home occupation shall not exceed 15% of the floor area of the primary structure.
(b)
No more than one person not residing in the dwelling unit may be employed in the home occupation.
(c)
Inventory and supplies shall not occupy more than 50% of the area permitted to be used as a home occupation.
(d)
There shall be no exterior display or storage of goods on said premises.
(e)
The home occupation shall not create any hazards to neighboring persons or property and shall not cause any electronic interference, excessive noise, vibration, smoke, dust, odors, heat or glare on surrounding properties.
(f)
The home occupation shall not involve any operation considered to be hazardous.
(g)
Motor vehicle and small engine repair or dismantling shall be prohibited.
(h)
Two additional parking spaces shall be provided on the premises, except that only one need be provided if the home occupation does not have an employee.
(i)
Sales and services to patrons shall be arranged by appointment and scheduled so that not more than one patron vehicle is on the premises at the same time.
(j)
The outdoor storage or parking of construction equipment or vehicles, machinery and building materials shall be prohibited.
(k)
The parking of commercial vehicles shall comply with § 190-45C.
(4)
Approval.
(a)
No permit is required for no-impact home-based businesses.
(b)
Any home occupation not meeting the definition of a no-impact home-based business shall require a home occupation/use permit from the Code Enforcement Officer.
(c)
Any home occupation that exceeds or violates any of the above conditions shall require a special permit from the Planning Board.
B.
Drive-in services:
(1)
Provision for the on-premises stacking of five vehicles waiting for service shall be maintained for each drive-in service window or unit.
(2)
The property must have a minimum frontage of at least 100 feet for each street it fronts upon.
(3)
A landscaped area eight feet in width, measured inward from the lot line, shall be maintained, exclusive of driveways, on all sides of the property except where required to be wider by § 190-57; treatment shall be of grass, ornamental stone or evergreens maintained below 2 1/2 feet in height, except where required to be higher by § 190-57 and surrounded by curbing (wood, stone or concrete) four inches to six inches in height.
C.
Motor vehicle service and repair. The following requirements are in addition to all applicable requirements of the New York State Uniform Fire Prevention and Building Code.[1]
(1)
The lot area shall be not less than 20,000 square feet and have a minimum frontage along a public right-of-way providing primary access of at least 150 feet.
(2)
No proposed site shall be within 200 feet of the property line of a public assembly use.
(3)
Entrance or exit driveways shall be located at least 20 feet from any side or rear lot lines and at least 35 feet from any intersecting street right-of-way line. Such driveways shall be laid out so as to avoid the necessity of any vehicle backing across any public street right-of-way.
(4)
No building or accessory structure, except a fence, shall be closer than 35 feet to any boundary line of a residential district or property used for residential purposes.
(5)
All repair or servicing, other than the dispensing of fuel, oil, water, and air, of vehicles must be performed indoors.
(6)
A landscaped area as specified in § 190-30B above shall be maintained.
(7)
No unlicensed or dismantled motor vehicles or auto parts may be stored outdoors.
(8)
No vehicle shall be parked or stored outdoors for the purpose of sale or offering for sale of such vehicle.
(9)
In the event that the continuous business operation of a gasoline service station shall be discontinued for a continuous period exceeding one month, the owner and/or lessee thereof shall provide adequate protection against unlawful entry into the buildings and onto the property to prevent the storage of abandoned vehicles thereon and shall remove all flammable liquids from all tanks located at said facility and fill all said tanks located at said facility with water for a six-month period only, and thereafter with a solid material. Refer to DEC regulations.
(10)
In the event that any gasoline service station becomes an abandoned gasoline service station, the owner and/or lessee of said facility shall immediately remove any and all tanks, gasoline pumps, identification signs and lighting poles and shall paint the exterior of all remaining structures, if other than brick, a neutral color. A gasoline service station shall be considered abandoned when there has been no continuous business operation for a period of three months.
[1]
Editor's Note: See Ch. 67, Construction Codes, Uniform.
D.
Residential units in combination with nonresidential uses:
(1)
For each residential unit 500 square feet of lot area shall be maintained as open space for the residential occupants, exclusive of required yard and parking spaces.
(2)
Off-street parking requirements shall be applied as for separate uses. All parking spaces required for the dwelling units shall be provided on site and exclusive to that use. Nonresidential use parking shall be provided in accordance with the provisions of § 190-44.
(3)
The residential unit(s) shall be in compliance with all applicable safety and health codes.
§ 190-31 Changes or modifications.
A.
Any change or modification to a use requiring site plan or special permit approval shall require Planning Board review, except for the following:
(1)
Removal or repair of a dangerous condition to a principal or accessory structure when determined by an enforcement agency that circumstances exist which, if not corrected, contribute a threat to life, health or safety of the general public or such other persons for whose protection such regulations were intended. Such determination may be verbal or in writing. The term "enforcement agency" shall refer to any public agency or official having jurisdiction to issue orders affecting the life, health and safety of persons within the Village of Clyde.
(2)
Routine repair, replacement or maintenance of electrical or mechanical installations or of damaged or worn parts or surfaces, including repainting, facade repair and roof replacement of principal and accessory structures.
(3)
Changes in ownership or management of an establishment which do not change the specific uses of the property.
(4)
Repaving or painting of driveway and parking areas without altering the approved traffic pattern.
(5)
Routine landscaping and plant replacement or establishment of new landscaped areas without altering the approved vehicular circulation and parking patterns or pedestrian circulation pattern, consistent with any applicable controls in the approved plan concerning height, location and visibility.
(6)
Repair or replacement in kind of existing screening devices.
B.
If the Planning Board determines that a proposed change or modification to a use requiring a special permit is substantial, the Board shall hold a public hearing as if for a new special permit. A change or modification shall be deemed substantial if the proposal:
(1)
Significantly changes the use, design, character or nature of development of the property in question;
(2)
Is detrimental to the appropriate development or use of adjacent lands and buildings; or
(3)
Is detrimental to the orderly flow of vehicular and pedestrian traffic on site and off site.
§ 190-32 Additional conditions.
The Planning Board may impose conditions incidental to the issuance of a special permit which, in its opinion, are reasonable and necessary; including by way of illustration and not limitation are: restrictions upon the hours of operation of any such special permit use or improvements incidental thereto, including elements such as signs, provided that these incidental elements are in compliance with the applicable provisions of this chapter.
§ 190-33 Revocation of special permits.
[Added 4-25-2005 by L.L. No. 1-2005]
A.
In any case where the Code Enforcement Officer determines that a special permitted use of land or activity is being conducted in violation of this chapter, or in violation of any conditions imposed by a special permit, he or she shall notify the property owner and the special permit holder of said violation(s) and require that the violations be corrected within 30 days of receipt of said notice, the Code Enforcement Officer is empowered to revoke the special permit. In any case where a repeat of violations has caused two or more orders to be issued within any calendar year, the Code Enforcement Officer shall refer the matter to the Planning Board. Upon a review of the facts and after a public hearing, the Planning Board is authorized to revoke the special permit.
B.
It shall be unlawful and a violation of this chapter for any person, firm or corporation to use or occupy any property for which a Special permit as been revoked. Once revoked, a special permit cannot be reinstated except upon submittal, review and approval of a full application for a new special permit, in accordance with all applicable provisions of this chapter.
C.
Any person, firm or corporation aggrieved by any order or decision of the Code Enforcement Officer in regard to the revocation of a special permit may make an appropriate application to the Zoning Board of Appeals.
D.
Any notice to correct violations that is served under the provisions of this section shall contain the following notice: "Failure or refusal to correct the indicated violations within 30 days of receipt of the notice may result in the revocation of the special permit. Two or more repeat violations within any calendar year may result in revocation of the special permit."