Corinth Village City Zoning Code
ARTICLE III
Use, Area and Bulk Regulations.
§ 500-7 Schedule of Use, Area and Bulk Regulations.
The use, area and bulk regulations appear in Schedule 1 at the end of this chapter. This schedule is supplemented, as appropriate, by other provisions of this chapter.
§ 500-8 Application of regulations.
A.
Only those uses specifically identified as permitted principal uses, permitted accessory uses, or permitted site plan review uses shall be permissible in their respective land use districts. All other uses are expressly prohibited unless granted a variance by the Zoning Board of Appeals pursuant to Article VIII.
B.
No building, structure, or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, moved, altered, demolished, reconstructed or enlarged except in conformance with the regulations herein specified for the district in which it is located.
C.
No part of a yard or other open space required in connection with any building or use shall be included as part of a yard or other open space similarly required for another building or use.
D.
No yard or lot existing at the time of the passage of this chapter shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet the minimum requirements set forth herein.
E.
Nothing contained herein shall prohibit the use of a lot of record in legal existence as of the date of enactment of this chapter even if such lot or lots do not meet the minimum area and bulk requirements. Further, nothing contained herein shall prohibit the use of an undeveloped lot in a subdivision which is in legal existence as of the date of enactment of this chapter.
§ 500-9 Building permit.
Before the construction, relocation, or alteration of any building as to the outside dimensions, a building permit shall be obtained. No site preparation for any building shall begin unless and until a building permit has been issued.
§ 500-10 Special use permits.
[Added 5-16-2007 by L.L. No. 2-2007]
A.
Purpose.
(1)
The intent of this section is to set forth requirements which shall apply to certain land uses and activities which, due to their characteristics, or the special characteristics of the area in which they are to be located, require special consideration so that they may be properly located and planned with respect to the objectives of this chapter, their effect on the surrounding properties and community character. The primary purpose of special use permit review is to ensure compatibility with the surrounding neighborhood and to ensure the long-term benefit of the use to the Village.
(2)
While recognizing that certain types of uses may be desirable or necessary in the Village, their nature can cause certain problems or difficulties. Consequently, particular uses are controlled by a special use permit procedure which requires additional regulations designed for each use in order to mitigate such problems or difficulties and to minimize the impact of these upon the zoning district in which such use is located.
B.
Delegation to the Corinth Village Board.
[Amended 8-15-2007 by L.L. No. 4-2007]
(1)
The Village Board of Corinth (the "Village Board" or the "Board") is hereby authorized to administer and carry out the intent established in this section. The Village Board shall conduct special use permit review in accordance with the procedures of this section for any use identified as requiring such review in § 500-20.
(2)
Site plan review in accordance with the requirements and procedures of § 500-21, Site plan review, is required for all uses that receive a special use permit. Such review may occur concurrent with or prior to special use permit review, at the applicant's discretion. Regardless of whether the reviews occur separately or at the same meeting, separate applications and application fees are required for each review.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C.
Special permit uses established. Special permit uses are established in Schedule 1, Use, Area and Bulk Regulations. All industrial and manufacturing uses shall be subject to the requirements of this section.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D.
Application procedure.
[Amended 8-15-2007 by L.L. No. 4-2007]
(1)
Any use(s) in an Industrial District for which an application has been submitted prior to May 17, 2007, shall not be considered or evaluated under this section unless that application involves the burning and/or processing of solid waste, commercial waste, agricultural waste, industrial waste, C&D debris and/or municipal solid waste as those terms are defined in Article XI. Further, if such application is approved and/or permitted by the applicable Village bodies, entities, and/or departments (even if such approval occurs after the effective date of this section), the use(s) shall be deemed to have a special permit, and the use(s) shall not be rendered nonconforming. Any subsequent enlargement, expansion, and/or modification of a building or structure containing such a use(s), so long as there is no change of use(s), shall require only site plan approval from the Village Planning Board, not a special permit.
(2)
Upon receipt of an application for a special use permit, the Village Board shall require the initiation of an environmental review pursuant to the applicable provisions of SEQRA, 6 NYCRR 617.
(3)
The Village Board shall determine what items from the site plan submittal requirements in § 500-21, Site plan review, shall be submitted for the special use permit application. The Board may empower the Code Enforcement Officer to make a preliminary determination of submittal requirements in order to place the matter on the Board's agenda.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4)
The official time of submission of the special use permit application shall be considered to be the date of the first meeting of the Board for which the application is scheduled for discussion.
(5)
The Code Enforcement Officer shall notify and furnish the Saratoga County Planning Board, in accordance with General Municipal Law §§ 239-l and 239-m, with such pertinent information as the Saratoga County Planning Board may deem necessary for review and comment for those applications pertaining to areas within 500 feet of the Village boundary or a proposed or existing state or county park or recreation area, right-of-way, parkway, throughway, road or highway, stream drainage channel or easement, public building or institution. Such notification will be given at least 10 days before the public hearing for said project. When the application is for a special use permit on property that is within 500 feet of an adjacent municipality, notice shall be given in accordance with § 239-nn of the General Municipal Law to the clerk of the adjacent municipality at least 10 days prior to the public hearing.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(6)
The Village Board shall fix a time, within 62 days from the day an application for special use permit approval is made, for the hearing of any matter referred under this section. The Village Board shall give public notice thereof by the publication in the official newspaper of such hearing at least five days prior to the date thereof.[5]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(7)
The Village Board shall decide on the application within 62 days after such a hearing; however, the time within which the Village Board must render its decision may be extended by mutual consent of the applicant and the Village Board.[6]
[6]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(8)
The decision of the Village Board shall be filed within five business days in the office of the Village Clerk-Treasurer and a copy thereof mailed to the applicant. The decision shall contain such findings of fact as are required. The Village Board, in conjunction with its approval of any special use permit, may impose such requirements and conditions as are allowable within the proper exercise of the police power, including limitations on the hours of use, the intensity of the use, the number of employees or vehicles, the number of structures, the use of structures and land, and any other condition it deems necessary to further the interest of this chapter. In addition, the Village Board may require that the Code Enforcement Officer incorporate any such requirements and conditions in any permit issued with regard to such special use permit project.[7]
[7]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E.
Review criteria and standards. Before granting approval to any special use, the Village Board shall consider the positive and negative impact of the use on the following characteristics:
(1)
The extent to which the use is in harmony with and promotes the general purposes and intent of the Comprehensive Master Plan and this chapter and its effect on the health, welfare and safety of the Village and its residents.
(2)
The overall compatibility of the use with the neighborhood and the positive and negative impacts on community character, including the character of adjoining properties, districts and uses, and the positive and negative impacts on density, including the density of adjoining properties, districts and uses.
(3)
The positive and negative impacts of the use on vehicular congestion and parking, including the provision of adequate parking and the absence of hazardous parking or traffic conditions, including ingress and egress.
(4)
The positive and negative impacts on infrastructure and services, including utilities, public facilities and services, including the extent to which the project extends or provides infrastructure and services to areas in need of such infrastructure and services.
(5)
The positive and negative impacts on environmental and natural resources, including the environmental and physical suitability of the site for development, the risk of fire, flood or erosion and impacts such as emissions of electrical charges, dust, light, vibration or noise detrimental to the public health, safety and welfare.
(6)
The extent to which the use provides positive or negative effects on the long-term economic stability and community character of the Village and surrounding properties, districts and uses.
(7)
Whether the use shall be in such location and of such size and character that it will be in harmony with the appropriate and orderly development of the district in which it is situated and will not be detrimental to the orderly development of adjacent districts or properties.
(8)
Whether it is appropriately located with respect to fire and police protection and appropriate water supply and waste disposal facilities.
(9)
Whether the location and size of the use, the nature and intensity of the operation involved in or conducted in connection therewith, its size layout and its relation to streets giving access to it shall be such that traffic to and from the use and the assembly of persons in connection with it will not be hazardous or inconvenient to the neighborhood or conflict with the normal traffic of the neighborhood. In applying this standard, the Board shall consider, among other things, appropriate off-street parking, convenient routes of pedestrian traffic, particularly of children, and the relation to main traffic, to thoroughfares and to street and road intersections and the general character and intensity of development in the neighborhood.
(10)
Whether the location and height of buildings, the location, nature and height of walls and fences and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the proper development and use of adjacent land and buildings or impair the value thereof.
(11)
Whether all governmental agencies having jurisdiction have given necessary approval.
(12)
Whether there has been fulfillment of any other conditions or standards specified in this chapter.
F.
Permit terms.
(1)
The Village Board, as a condition of granting any special permit, may specify its term of validity. There are three types of permits which may be granted by the Village Board, described as follows:
(a)
Permanent: permits a specific use to continue indefinitely until the specific use ceases for any reason for a period of 12 consecutive months.
(b)
Temporary: permits a specific use to continue until a specific date, at which time the special use permit shall automatically terminate and the use shall be permanently discontinued. This type shall not be extendable.
(c)
Renewable: permits a specific use to continue until a specific date, unless renewed or extended by the Village Board for an additional period of time. If not extended, the use shall be permanently discontinued. It is the responsibility of the applicant and not the Village of Corinth, nor any board, officer, or employee thereof, to initiate the request for the renewal or extension prior to the expiration of the original term of such renewable special use permit. If not extended or renewed prior to the date set for expiration, the right to continue such special use shall terminate on such expiration date, subject to the right of the applicant to seek an extension or renewal. Applications for permit extensions or renewals shall follow the same process as for new permits.
(2)
Any applicant who receives a temporary or renewable special use permit and who decides to proceed with the special use does so realizing that the temporary special use permit has a fixed duration and that all rights to continue that use terminate upon the expiration of the specified time and that the renewable special use permit may not be extended beyond its original term without approval pursuant to this section. The applicant, in accepting a temporary or renewable special use permit, acknowledges and agrees that such special use permit confers no rights or privileges other than those specifically contained therein.
G.
Fees.
[Amended 8-15-2007 by L.L. No. 4-2007]
(1)
There shall be a fee for a special use permit, as determined from time to time by the Village Board of Trustees.
(2)
As a condition of approval of a special use permit, the Village Board may require a performance bond or letter of credit to guarantee satisfactory performance of the required improvements. Such performance bond or letter of credit shall be part of or in addition to any required by the Village Board as part of a site plan review application.
H.
Performance standards for special use permits.
(1)
Compliance and determination of nuisance elements.
(a)
All uses requiring the issuance of a special use permit in the Village of Corinth shall comply with the performance standards as described in this section.
(b)
The Code Enforcement Officer may require independent expert evaluation to determine the compliance of a proposed use with the performance standards at the expense of the applicant before issuing a permit.
(c)
The determination of the existence of any nuisance elements shall be made at the following:
[1]
The property lines of the use creating such elements for noise, vibration, glare, dust, and safety hazards.
[2]
Anywhere in the Village for elements involving air, water, and ground pollution.
(d)
The Code Enforcement Officer shall investigate any written or alleged violation of performance standards. If reasonable evidence of a violation exists, the Code Enforcement Officer may then revoke the special use permit.[8]
[8]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2)
Prohibited nuisances. No use shall be established or operated in a manner so as to create hazards, vibration, glare, air, water or ground pollution, or other nuisance elements in excess of the limits established under this section.
(3)
Fire and explosion hazards.
(a)
All activities involving the manufacturing, production, storage, transfer, or disposal of inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion. In addition, on-site fire suppression equipment and devices standard to the industry shall be installed.
(b)
The burning and/or processing of waste materials in open fires is prohibited.
(4)
Lighting and glare.
(a)
No glare or sky-reflected glare, whether from floodlights or from high-temperature processes (such as combustion or welding), shall be permitted that may be visible at the property line and which causes annoyance to a person of reasonable sensitivity.[9]
[9]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(b)
All lighting shall be designed so as to avoid unnecessary or unsafe spillover of light and glare onto operators of motor vehicles, pedestrians, and land uses in proximity to the light source. Light sources shall comply with the following standards:
[1]
Globe lights shall have a maximum permitted height of 15 feet and shall have a maximum illumination of 0.20 footcandle permitted at the property line.
[2]
Pole lighting with greater than ninety-percent cutoff shields and other light sources shall have a maximum permitted height of 25 feet and shall have a maximum illumination of 0.75 footcandle permitted at the property line.
[3]
Any lighting used to illuminate any off-street parking shall be so arranged as to reflect the light away from adjoining premises and public rights-of-way.
(5)
Noise.
(a)
Noise shall be as measured with a sound-level meter using A-weighting network. The unit is the dB(A).
(b)
Unnecessary, excessive and offensive noises from all sources are prohibited. It shall be unlawful for any person to create any noise which exceeds 65 dB(A) from 100 feet of the property line of the noise source for more than 15 minutes in duration and more than two times in one hour.
(c)
Exemptions. The following uses and activities shall be exempt from noise level regulations:
[1]
Air-conditioning equipment when it is functioning in accord with manufacturer's specifications and is in proper operating condition.
[2]
Lawn maintenance equipment when it is functioning in accord with manufacturer's specifications and with all mufflers and noise-reducing equipment in use and in proper operating condition.
[3]
Nonamplified noises resulting from the activities such as those planned by school, governmental, or community groups.
[4]
Noises resulting from any authorized emergency vehicle or warning device when responding to an emergency call or acting in time of emergency.
[5]
All noises coming from the normal operations of railroad trains.
[6]
Noises of church chimes.
(6)
Odor and air pollutants.
(a)
No odors may be emitted which are easily detectable and offensive at the property line and which cause annoyance to a person of reasonable sensitivity.
(b)
No emission of fly ash, dust, fumes, vapors, toxic gases or other forms of air pollution shall be permitted which can cause any damage to health, animals, vegetation, or other forms of property, or which can cause any excessive soiling.
(7)
Radioactivity and electrical disturbance. No activity shall be permitted which emits dangerous radioactivity or electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance.
(8)
Vibration. No vibration shall be permitted which is detectable without an instrument at the property line and which may cause annoyance to a person of reasonable sensitivity.
I.
Expiration. Unless otherwise specified or extended by the Village Board, decision on any request for a special use permit granted after the effective date of this section shall expire if the applicant fails to obtain the necessary building permit to begin actual construction or to comply with the conditions of said authorization within one year from the filing date of such decision thereof. Unless otherwise specified or extended by the Village Board, all special use permits granted prior to effective date of this section shall expire if the applicant fails to obtain the necessary building permit and begin actual construction or comply with the conditions of said authorization within one year from the effective date of this section.[10]
[10]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
J.
Revocation of permit. A use authorized by special permit may be revoked by the Village Board if it is found and determined that there has been a material failure of compliance with any one of the terms, conditions, limitations or requirements imposed by said permit.
K.
Enforcement. All special use permits shall be subject to the provisions of Article VII of this chapter.
[Amended 8-15-2007 by L.L. No. 4-2007]
L.
No waiver of prohibition. Nothing in this section is intended to or should be interpreted as limiting or otherwise curtailing the prohibition against certain uses under this chapter or other law.[11]
[11]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
§ 500-11 Principal buildings per lot. [1]
Unless otherwise specified, there shall be only one principal use and building per lot except in the Commercial/Village Business, Gateway Corridor and Secondary Gateway Corridor zones, with site plan approval.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
§ 500-12 Corner lots.
On a corner lot, each street frontage shall be deemed a front street line, and the required yard along each such lot line shall be a required front yard. The Code Enforcement Officer, in consultation with the owner, shall decide which of the remaining yards shall be the required side yard and the required rear yard.
§ 500-13 Height restriction.
All buildings shall not exceed 40 feet in height and/or three stories in all zoning districts. Buildings/structures over 40 feet in height are subject to Adirondack Park Agency regulations. See definition for "building height" in Article XI.
§ 500-14 Applicability of other regulations.
The ability to undertake a land use activity pursuant to this chapter does not repeal or eliminate the jurisdiction of other local, regional, state, or federal agencies. Those undertaking land use activities are advised that approvals and/or permits may be required from said agencies.