Coxsackie Village City Zoning Code
ARTICLE XI
Special Permit Uses
§ 155-75 Standards for special use permits.
General provisions. The special uses for which conformance to additional standards is required by this chapter shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth herein, in addition to all other requirements of this chapter. All such uses are declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case.
Required map and plans. An area map, showing the location of the property or sign with respect to surrounding property, street and other important features, and a plan for the proposed development of a site for a permitted special use shall be submitted with an application for a special permit. The plan shall show the location of all buildings, parking areas, traffic access and circulation drives, open spaces, landscaping, topography, special features and any other pertinent information, including such information about neighboring properties as may be necessary to determine and provide for the enforcement of this chapter.
Application for special use permit. Application for required special use permits shall be filed with the Building Inspector/Code Enforcement Officer, who shall forward the application to the Planning Board for decision.
Application fee. A nonrefundable fee as set by the Village of Coxsackie Fee Schedule to cover the cost of processing special use permits and applications therefor shall accompany any application for a special use permit and shall be in addition to the building permit fee as prescribed in § 155-98.
Expiration of special permits. A special permit shall be deemed to authorize only one particular special use, and such permit shall be considered null and void if, within one year from the date of issue, all improvements required for the special use are not completed and if the special use shall cease for more than one year for any reason, unless otherwise provided in the Planning Board's approval of said use.
Revocation of special permits. A use authorized by special permit may be revoked by the Planning Board if it is found and determined that there has been a failure of compliance with any one of the terms, conditions, limitations and requirements imposed by said permit.
Conditions and safeguards. The Planning Board shall attach such conditions and safeguards to the special permit as are necessary to assure continual conformance to all applicable standards and requirements.
Decisions of the Planning Board shall be in writing and shall specify the particular conditions for such approval or the grounds for denial.
The Planning Board shall hold a public hearing on special use permit applications within 45 days of the filing of a complete and proper application.
The Village Clerk shall publish notice of said public hearing in the Village's official newspaper at least five days before such public hearing.
The applicant for the special use is responsible for mailing notices of the public hearing to interested landowners of the affected property so that the notice is received at least 10 days prior to the public hearing. "Interested landowners" are those persons who own properties located within 500 feet of the affected property and all adjoining property owners. Notices must be sent return receipt, and the green return cards must be filed with the Planning Board prior to the public hearing.
[Amended 3-14-2016 by L.L. No. 1-2016]
The Planning Board must render its decision within 45 days of the hearing. This period may be extended by mutual consent of the applicant and the Planning Board.
Standards applicable to all special permit uses. Standards for all special use permits shall be as follows. Additional criteria for special uses are cited below:
The accessibility of the use to fire, police and other types of emergency vehicles shall be considered.
The location, size and character of the special use must be in harmony with the orderly development of the zoning district and must not be determined to be detrimental to the orderly development of adjacent properties.
Safe, convenient and adequate vehicular and pedestrian access to and from the use through the provision of adequate but not excessive points of ingress and egress which are of sufficient width, properly graded and aligned, provide clear visibility and are not located too near street corners or places of public assembly.
Adequate off-street parking and loading areas which are properly located on the lot so as to provide safe and convenient circulation.
Locations and heights of buildings shall be such that the special use will not hinder or discourage the appropriate development and use of adjacent land and buildings.
Landscaping and screening of parking, loading and service areas so that such areas are screened all seasons of the year from the view of adjacent lots and streets.
Adequacy of stormwater management plans and drainage facilities shall be considered.
There will be no emission of noxious odors, gases or smoke.
§ 155-76 Bed-and-breakfast establishments.
The following standards are applicable to bed-and-breakfast establishments:
The owner or owners of the bed-and-breakfast must reside in and continue to reside in the dwelling as his/her/their principal residence. The owner will provide a sworn statement certifying to such residency upon request of the Planning Board.
The number of guest rooms for transient accommodation shall not exceed four.
Each bed-and-breakfast shall be established, maintained and operated so as to preserve and complement the residential character and integrity of the surrounding area when the facility is established in a residential district; however, fire escapes, handicapped entrances and other features may be added to protect public safety.
Breakfast shall be served on the premises only for guests and employees of the bed-and-breakfast. Guest rooms may not be equipped with cooking facilities. No other meals shall be provided on the premises.
No more than one person who is not a principal resident of the dwelling shall be an employee at the dwelling site at any one time.
One sign of professional quality is allowed on the property, with up to eight square feet per sign face, and may be attached to the exterior or placed in the window of the residence or accessory structure; or placed within the front yard setback, mounted on an architectural post not to exceed four feet in height; or a monument sign not to exceed four feet above grade in the front setback. No sign shall interfere with vision clearance on adjoining public rights-of-way.
No more than an average of two business-related deliveries per day is allowed. Such deliveries shall not restrict pedestrian or vehicular circulation on adjoining public streets and sidewalks.
§ 155-77 Drive-through-window facilities.
Purpose. Due to potential impacts on traffic volume, vehicular and pedestrian circulation and the environment, the following additional standards are required for the permitting of drive-through windows.
Site location criteria. The site of the drive-through window shall meet the following criteria:
The use will not substantially increase traffic on streets in a residentially zoned district;
The use will not substantially lessen the usability of adjacent or nearby commercially zoned property or commercial use by interfering with pedestrian traffic;
The site will be adequate in size and shape to accommodate said use and to accommodate all yards, parking, landscaping and other required improvements;
The use will not substantially lessen the usability and suitability of adjacent or nearby residential zoned property for residential use.
General design standards. All the following must be provided for the primary use to be granted a building permit for a drive-through window:
Lighting. All lighting on the exterior of the building shall be of an indirect nature, emanating only from fixtures located under canopies or hoods, under eaves of buildings and at ground level in the landscaping. Freestanding pole lights shall not exceed a maximum height of 14 feet and shall be so arranged and shielded that there shall be no glare or reflection onto adjacent properties or public rights-of-way.
Signs should be placed and waiting lanes should be designed so that waiting cars do not block sidewalks or public streets.
Landscaping, waiting-lane devices and overall design should not prevent vehicles from safely and efficiently leaving waiting lanes.
Traffic circulation.
A traffic study addressing both on-site and off-site traffic and circulation impacts is required.
Sites located adjacent to an alley must incorporate the use of the alley as the drive-through lane entrance unless it can be demonstrated that such a configuration would either hinder pedestrian or vehicular circulation off site.
Pedestrians must be able to enter the establishment from the parking lot or sidewalk without crossing the waiting or exit lines.
Waiting lanes shall be designed for the maximum length possible. At a minimum, waiting lanes should accommodate average peak monthly traffic flow, allowing 23 feet per vehicle. Applicants must provide data about the peak flows of the business to determine the minimum waiting needed.
The waiting lane shall be independent of any on-site parking, parking maneuvering areas, public streets, alley or traffic ways serving other on- and/or off-site uses.
Site plan requirements. In addition to the general requirements for site plan review, drive-up window site plans must also include the following features:
§ 155-78 Funeral homes.
The use shall not interfere or conflict with the character of the immediate neighborhood nor with the peaceful enjoyment of neighboring uses.
The amount of land and building area shall be appropriate to the nature and scale of the proposed use.
§ 155-79 Home occupations.
Purpose. The intent of regulations governing home occupations is to protect the character of the surrounding neighborhood, particularly adjacent residential uses, from intrusions and nuisances created by operating businesses in a residential area, while recognizing the needs of certain residents and community benefits of allowing certain types of work in the home. The regulations ensure that the home occupation remains subordinate to the residential use and that the residential viability of the dwelling is maintained. The regulations recognize that many types of jobs can be done in a home with little or no effects on the surrounding neighborhood.
Operational regulations.
Hours. It is suggested customers may visit the site only during the hours of 8:00 a.m. to 6:00 p.m. However, the Planning Board shall determine and may alter the hours of operations after thorough review of the application.
Nonresident employees. No nonresident employees are permitted.
Customers. Only five customers or clients may visit the site in a day.
Retail sales. Retail sales of goods must be entirely accessory to any services provided on the site.
Traffic. The business shall not generate traffic in any greater volume than would normally be expected in a residential neighborhood.
Number of home occupations. More than one home occupation per dwelling unit will require review and approval by the Village Planning Board.
Site-related standards.
Spatial limitations. The home business shall not utilize more than 25% of the gross floor area of the dwelling unit, if located therein, or, alternatively, be in excess of 400 square feet in any accessory building, if located therein.
Outdoor activities. All activities must be in completely enclosed structures. Exterior storage or display of goods or equipment is prohibited.
Appearance of structure and site. The dwelling and site must remain residential in appearance and characteristics. Internal or external changes which will make the dwelling appear less residential in nature or function are prohibited. Examples of such prohibited alterations include construction of parking lots, paving of required setbacks or adding commercial-like exterior lighting.
Environmental performance. The home occupation shall produce no noise, vibrations, glare, objectionable fumes or electrical interference detectable to normal sensory perception on adjacent lots.
No dwelling unit shall include more than one home business, and such use shall be clearly incidental and secondary to the use of the dwelling unit for residential purposes.
§ 155-80 Manufacturing and industrial uses.
The proposed use and the nature of the activity will be compatible with existing adjoining uses or unimproved lands.
The location and situation of all structures shall be satisfactory to the Planning Board relative to the visual character and travel safety along the roadway on which the facility fronts.
Ingress and egress shall be so designed as to minimize traffic congestion and hazards, and, for this purpose, the number and location of driveways shall be subject to the explicit approval of the Planning Board.
The individual parking, storage, landscaping, signing, screening and other needs of the proposed use shall be provided in a manner satisfactory to the Planning Board. Specifically, the location and extent of exterior storage of vehicles, equipment and materials shall be designated on the application. Screen planting, landscaping or other site improvements, as may be required by § 155-48 to protect the visual character of the area, shall be instituted in accord with the direction of the Planning Board.
§ 155-81 Mining.
Minimum site area shall be 10 acres.
The extractive operation or soil mining activity shall be restricted to the removal of shale, gravel, rock and sand mining. No stone crushing or the mixing of stone and gravel with asphaltic oils or other binders shall be authorized.
All applicable provisions of the New York State Mined Land Reclamation Law[1] and other state and federal regulations, including OSHA requirements, shall be fully complied with. Any and all permits issued by New York State Mined Land Reclamation and other agencies involved need to be provided to the Planning Board for inclusion in the permit process.
[1]
Editor's Note: See Environmental Conservation Law § 23-2701 et seq.
A time schedule for completion of either the entire operation or, if excavation is to occur in stages, of each stage of the operation is submitted for approval.
An operations plan, including the number and type of trucks and other machinery to be used on the site, including their respective noise levels, is submitted for approval. The operations plan shall minimally observe the following standards:
The number of trucks to be entering and leaving the mine area and the proposed routes for evaluation of the impact on local roads.
No excavation shall be nearer than 100 feet from any property line or street, nor shall the excavation be nearer than 300 feet to any existing residence.
Blasting must conform to Occupational Safety and Health Administration (OSHA) regulations.
Stockpiling of materials shall be located at least 100 feet back from a public road or other property line.
No power-activated sorting machinery shall be located within 200 feet of any public road or other property line, nor within 600 feet from a residence, and all such machinery shall be equipped with satisfactory dust elimination and noise abatement devices.
All excavation slopes in excess of 50% shall be adequately fenced, unless determined unnecessary by the Building Inspector/Code Enforcement Officer due to the remoteness of the mining site.
A progressive restoration and rehabilitation plan showing both existing contours and proposed final contour after operations are completed is submitted for approval. The rehabilitation plan shall be completed within six calendar months after termination of the extractive operation or other soil mining activity, and shall include, but not be limited to, restoration of the premises by grading, seeding, liming, fertilizing, sodding, etc., so that the premises are left in a safe and attractive condition commensurate with the surrounding landscape. Insofar as it is practical, the plan will provide for the return of the premises to slopes of less than one vertical foot per three horizontal feet and to eliminate gullies and holes. Ponds created during operations shall not become public nuisances dangerous to the general health, safety and welfare of the general public. Insofar as is possible, operations will not be permuted to significantly disturb the natural drainage pattern of the area; however, if such does occur, the plan of reclamation shall provide for the restoration of the natural drainage pattern of the area.
A performance guarantee (performance bond or escrow deposit) to assure rehabilitation is provided, upon recommendation of the Planning Board and Village Engineer, in an amount and form satisfactory to the Village Board and the Village Attorney.
Any special use permit issued under this chapter shall be limited to a period of three years and to a mining area of seven acres, not more than five acres of which shall be disturbed, i.e., the active mining site or area awaiting rehabilitation, at any one time.
§ 155-82 Motor vehicle uses.
No building, parking or service area shall be closer than 100 feet to any existing residential use.
The minimum distance between pump islands and between the building and any pump islands shall be 20 feet.
No waste water, oil, toxic or inflammable materials shall pollute, or create hazardous or unsightly conditions.
Ingress and egress shall be so designed as to minimize traffic congestion, and, for this purpose, the number and location of driveways shall be subject to the explicit approval of the Planning Board.
Any car wash shall provide a minimum of four stacking spaces per bay on the lot.
All major repair work, storage of materials, supplies and parts shall be located within a structure completely enclosed on all sides (not to be construed as meaning that the doors of any repair shop must be kept closed at all times).
§ 155-83 Professional offices, minor.
Use of professional offices shall be restricted to the practice of a profession by a physician, dentist, psychiatrist, lawyer, engineer accountant, insurance agent, real estate broker, teacher or member of a similar profession; provided, however, that there shall be no overnight boarding of patients or clients associated with such professional office use.
Professional offices may have up to two professionals and one additional staff person per professional on the premises at any one time if off-street parking is provided in compliance with Subsection E of this section. If the applicant is unable to provide off-street parking in compliance Subsection E, then the Planning Board may limit the number of employees permitted to work in a professional office.
The floor area in professional office use of the building or buildings on any lot shall not exceed 50% of the gross floor area of the building; provided, however, that in no case shall the floor area in a professional office use exceed 2,000 square feet on any one lot. The professional office use shall be on the ground floor only.
Suggested hours of operation for the professional office use shall be from 8:00 a.m. to 5:00 p.m., Monday through Friday. However, the Planning Board shall determine and may alter the hours of operation after through review of the application.
Off-street parking.
Provision of off-street parking. Each new professional office shall provide off-street parking in compliance with the following standards and designed in compliance with Article V, Off-street parking and Loading, except as hereinafter provided. The provision of off-street parking in compliance with the following regulations shall be deemed adequate parking for a professional office:
Parking for professionals and employees. There shall be one space for each employee based upon the maximum number on site at any one time, up to a maximum of four spaces of off-street parking for employees and professionals in addition to parking required by Subsection E(1)(b) below.
Parking spaces for clients.
Spaces | Number of Clients (per day) | |
|---|---|---|
1 | 1 to 16 | |
2 | 17 to 24 | |
3 | 25 to 32 |
No off-street parking area accessory to a professional office shall be located in the front yard of any lot. The Planning Board shall review the parking design to ensure that the nature of its use and layout will minimize potential adverse impacts on neighboring residential properties. All off-street parking shall provide a four-foot buffer which is landscaped and screened in a manner which largely obscures the parking from neighboring residential properties. No parking area shall be established closer than four feet to any lot line.
The professional office use of existing residential buildings shall not involve external alterations which would cause the premises to differ from its residential character either by use of color, materials, construction or lighting.
The following information shall be submitted to the Planning Board as part of the site plan review, Article X:
Certify, in writing, the present square footage utilized for the office.
Certify, in writing, the present maximum numbers of professionals and employees on site at any one time and the maximum number of client visits per day.
Provide a plot plan drawn to scale showing existing off-street parking and landscaping which screens the lot from abutting residential uses and the building location on the lot.
Certify through submission of a lease/rental agreement that the above requirements will be met.
§ 155-84 Public accommodation uses.
No building, parking or service area shall be closer than 100 feet to any existing residential use in a residential district other than one on the premises.
Such use shall be adequately fenced and/or screened from any adjacent residential property, and lighting shall be directed away from adjacent property and the road.
The location and situation of all structures shall be satisfactory to the Planning Board relative to the visual character and travel safety along the roadway on which such facility fronts.
Ingress and egress shall be so designed as to minimize traffic congestion, and, for this purpose, the number and location of driveways shall be subject to the explicit approval of the Planning Board.
§ 155-85 Public utility.
Such facility shall not be located on a residential roadway, unless no other site is available, and shall be so located as to necessitate minimal travel of service vehicles over residential roadways.
The location, design and operation of such facility shall not adversely affect the character of the surrounding area.
§ 155-86 Restaurants and bars.
No building, parking or service area shall be closer than 100 feet to any existing residential use in a residential district other than one on the premises.
Such use shall be adequately fenced and/or screened from any adjacent residential property, and lighting shall be directed away from adjacent property and the road.
The location and situation of all structures shall be satisfactory to the Planning Board relative to the visual character and travel safety along the roadway on which such facility fronts.
Ingress and egress shall be so designed as to minimize traffic congestion, and, for this purpose, the number and location of driveways shall be subject to the explicit approval of the Planning Board.
§ 155-87 Sawmills.
The minimum lot area shall be 15 acres.
All elements of the sawmill, including storage area for logs and sawn lumber; bark, sawdust and other waste materials; buildings; and equipment areas shall be screened by existing landform and/or vegetation from the direct view of abutting residential properties and public roadways.
All buildings or other structures and all equipment or storage areas associated with the sawmill shall be located not less than 100 feet from any property line, nor less than 300 feet from any neighboring dwelling.
No storage area for logs, sawn lumber or waste materials shall be located within 100 feet of any stream, other water body or well providing a source of potable water.
§ 155-88 Self-storage structures.
No self-service storage structures shall be located within 100 feet of a lot line of any residentially zoned or developed property.
No individual storage compartments shall exceed 8,000 cubic feet.
Landscaping shall meet the standards of § 155-48 and must be provided along all lot lines in a manner which will largely obscure the use and its operation when viewed from ground level.
All lighting shall be directed toward and illuminate the site only and shall not intrude on any residentially zoned or developed property.
On-site parking shall comply with all parking design requirements of Article V, Off-Street Parking and Loading, and shall provide one space of parking per employee and one space per 20,000 square feet of gross building area.
Circulation drives and aisles shall be a minimum of 24 feet in width, and all corners shall provide a thirty-foot turning radius to provide adequate access for fire-fighting vehicles.
§ 155-89 Stables; kennels; and veterinary hospitals and offices.
Adequate provision for the storage and removal of all animal wastes shall be made. In particular, no manure storage area shall be located within 300 feet of any residence or street right-of-way.
Any fencing or exercise area or like ancillary facility shall be subject to the review and approval of the Planning Board.
§ 155-90 Warehousing and distribution.
A traffic study addressing both on-site and off-site traffic and circulation impacts is required.