East Syracuse City Zoning Code
ARTICLE VI
Enterprise Zone
§ 340-40 Findings and purpose.
A.
The Board of Trustees of the Village of East Syracuse ("Village") is aware that the zone created hereby is a composite of mixed uses, some being nonconforming uses grandfathered into the former zoning districts. The area is in slow transition, the conclusion of which is uncertain if left to the fluctuations of market factors, zoning regulations ill equipped to direct growth in the district, and the absence of economic incentives and flexible regulations to encourage targeted development.
B.
The Village recognizes the unique challenges to development in this zone. Accordingly the Village is adopting this article creating a new Enterprise Zone zoning district with the specific purposes:
(1)
To encourage the development and redevelopment of the area;
(2)
As a result of development and redevelopment, to offer new and greater services and amenities to the residents of and visitors to the Village;
(3)
To facilitate compatible and economically synergistic mixed uses;
(4)
To fashion uses that are compatible with and do not interfere with family life by placing appropriate restrictions on other allowable uses;
(5)
To increase the tax base in the Village; and
(6)
To promote a more pleasant, healthful and safe environment for the residents of and visitors to the Village.
§ 340-41 Definitions
The following terms as defined herein are restricted in application only to this Article VI, Enterprise Zone:
A private owner-occupied residence with one to three guest rooms. The bed-and-breakfast (home stay) is subordinate and incidental to the main residential use of the building. Individual guests are prohibited from staying in a particular bed-and-breakfast establishment for more than 14 days in any one-year period.
The only meal to be provided guests shall be breakfast, and it shall only be served to guests taking lodging at the facility. Rooms used for sleeping shall be part of the primary residential structure.
A facility which serves food but not alcoholic beverages. A drive-through is strictly prohibited.
The office only for a builder and/or contractor but does not include a builder's/contractor's yard, outdoor storage or parking for building/contracting machines, equipment or vehicles or assembly or production of goods indoors or outdoors.
A public library, museum, and center or school for the performing arts.
An open and/or covered lot for the parking of vehicles. A parking lot must be associated with and used primarily for a permitted use or uses within the Enterprise Zone.
An office providing services to the public. A professional office includes but is not limited to the following:
[Amended 3-6-2006 by L.L. No. 2-2006]
Accountant |
Architect |
Artist |
Builder/contractor |
Chiropractor |
Counselor |
Dentist |
Dermatologist |
Doctor |
Engineer |
Masseuse |
Surveyor |
Insurance agent |
Lawyer |
Psychologist |
Realtor |
A church or other place of worship including convent, parish house and Sunday school.
A facility which serves food and alcoholic beverages. A restaurant has as its primary business the service of food. Except for a restaurant located between the intersection of Hartwell Avenue and East Manlius Street and the intersection of West Yates Street and West Manlius Street, a restaurant shall not operate past 10:00 p.m. Sundays through Thursdays and 11:00 p.m. on Fridays and Saturdays. A drive-through is strictly prohibited.
A business providing goods or services, including incidental storage, wholesale operations, manufacturing or processing clearly incidental to the business. A retail shop includes but is not limited to the following:
[Amended 3-6-2006 by L.L. No. 2-2006]
Antique dealer |
Appliance servicing |
Artist, artist studio/gallery and art sales |
Baker |
Barber and/or hairdresser |
Bed-and-breakfast |
Book, magazine and newspaper shop |
Confectioner |
Convenience store without gasoline |
Clothier, clothing accessories and yard goods shop |
Day care |
Delicatessen |
Decorator |
Financial institution without drive-through capacity |
Florist |
Gift, stationery and office supplies shop |
Grocer |
Jeweler |
Luggage shop |
Optician |
Pharmacy without a drive-through |
Photographer |
Shoe, shoe repair and shiner |
Sporting goods shop |
Tailor and/or dressmaker |
Upholsterer |
A building with one dwelling unit and one or two walls shared with an adjoining building or buildings. A row dwelling may also have as a co-use any other use permitted in this zone, except a parking lot, upon granting of a special use permit by the Zoning Board of Appeals.
A detached dwelling unit occupied by a single family. Notwithstanding a single-family residence may also have as a co-use any other use permitted in this zone, except a parking lot, upon granting of a special use permit by the Zoning Board of Appeals.
§ 340-42 Permitted uses.
The following uses are permitted in this zone:
A.
Single-family residence, except for a single-family residence located between the intersection of Hartwell Avenue and East Manlius Street and the intersection of West Yates Street and West Manlius Street.
B.
Row dwelling, except for a row dwelling located between the intersection of Hartwell Avenue and East Manlius Street and the intersection of West Yates Street and West Manlius Street.
C.
Retail shop.
D.
Professional office.
E.
Cultural facility.
F.
Religious facility.
§ 340-43 Uses permitted with special use permit.
The following uses are permitted in this zone upon obtaining a special use permit as provided for in this article:
A.
Restaurant, except for a restaurant located between the intersection of Hartwell Avenue and East Manlius Street and the intersection of West Yates Street and West Manlius Street.
B.
Bistro/cafe/deli.
C.
Bed-and-breakfast.
D.
Parking lot.
E.
Single-family residence, except for a single-family residence located between the intersection of Hartwell Avenue and East Manlius Street and the intersection of West Yates Street and West Manlius Street not located on the street level.
F.
Row dwelling, except for a row dwelling located between the intersection of Hartwell Avenue and East Manlius Street and the intersection of West Yates Street and West Manlius Street not located on the street level.
G.
Any co-use of a permitted use and use permitted upon the issuance of a special use permit. Notwithstanding, if the precedent use is a permitted use under § 340-42 or a use permitted upon the issuance of a special use permit under § 340-43A through D, then no special use permit shall be required to allow the co-use of the premises as a single-family residence or row dwelling, as the case may be.
H.
Any use where all required parking is not satisfied by parking spaces located on the lot where the proposed use is to occur.
§ 340-44 Prohibited uses.
All uses not specifically permitted in this article are expressly prohibited in this zone.
§ 340-45 Criteria for special use permit.
A.
Definition of a special use permit as contemplated in this article. As used in reference to the Enterprise Zone a special use permit means an authorization of a particular land use which is permitted in this zone as authorized in this article. The Zoning Board of Appeals has the authority to grant a special use permit ad infinitum or for a limited period of time after which, unless a new special use permit is applied for and received, the special use permit shall lapse and the use shall be immediately ended.
B.
Approval of a special use permit. The Zoning Board of Appeals may grant a special use permit as recognized in this article. In reviewing an application for a special use permit, the Zoning Board of Appeals shall consider the impact of the proposed use on the following factors in making its determination:
(1)
The adequacy and arrangement of vehicular traffic access and circulation.
(2)
The adequacy and arrangement of pedestrian traffic access and circulation.
(3)
The location, arrangement, appearance and sufficiency of off-street parking and loading.
(4)
The location, arrangement, size and design of buildings, lighting and signs.
(5)
The relationship of the various uses to one another and of their scale.
(6)
The adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise-deterring buffer between adjacent uses and adjoining lands.
(7)
The adequacy of stormwater and sanitary waste disposal.
(8)
The adequacy of structures, roadways and landscaping in areas with moderate to high susceptibility to flooding, ponding and/or erosion.
(9)
The impact of the proposed use on the general public welfare.
(10)
The harmony or discordance of the proposed use in relationship to the Village's general zoning plan for this zone.
(11)
The impact of the proposed use on its adjacent and more remote neighboring properties within the same zone.
(12)
The impact of the proposed use on the property values of its adjacent and more remote neighboring properties within the same zone.
(13)
The noise, vibration, smoke, cinders, refuse, water-carried waste, dust, odor, heat, light and glare and its intensity, duration and timing created by the proposed use.
(14)
Whether the proposed use is likely to cause litter to be deposited within the Village.
(15)
Whether the proposed use may impact on the repose of adjacent and more remote neighbors within the zone.
C.
Conditions attached to issuance of a special use permit. The Zoning Board of Appeals shall have authority to impose such conditions and restrictions as are related to the proposed use. Upon granting of said special use permit, any such condition must be met in connection with the issuance of a permit by an applicable enforcement agent or officer of the Village. In imposing reasonable conditions and restrictions, the Zoning Board of Appeals shall take into account the mixed-use character of this zone and the emphasis of the Village on encouraging single-family residences and family life in this zone. In imposing conditions and restrictions, the Zoning Board of Appeals shall take into account and may impose conditions and restrictions concerning any of the factors set forth in the immediately preceding Subsection B above as well as the hours and methods of operations of a proposed use.
D.
Public hearings and decisions on special use permit. The Zoning Board of Appeals shall conduct a public hearing within 62 days from the day a complete written application is received as acknowledged by the Zoning Board of Appeals. Public notice of said hearing shall be printed in a newspaper of general circulation in the Village at least five days prior to the date thereof. The Zoning Board of Appeals shall decide upon the application within 62 days after the hearing. The time within which the Zoning Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board. The decision of the Zoning Board of Appeals on the application after the holding of the public hearing shall be filed in the office of the Village Clerk within five business days after such decision is rendered, and a copy thereof mailed to the applicant. Failure by the Zoning Board of Appeals to render a decision within 62 days of the close of the public hearing shall be deemed an approval of the application. An application shall be deemed complete upon the applicant having filed a written application with the Zoning Board of Appeals together with 10 copies of the following:
(1)
Drawings indicating the location of property lines, easements, the exact location of all existing and proposed structures and improvements, and off-street parking indicating the number of spaces by count and striping which drawings shall be prepared, stamped and signed by a New York State licensed architect or engineer.
(2)
For existing facilities whose existing grading is anticipated to be changed more than three inches in a space or spaces greater than 100 square feet or greater than five inches in any place on the premises, and for all new facilities, a grading plan shall be prepared, stamped and signed by a licensed engineer.
(3)
Construction detail for all new construction with elevations and finishes.
(4)
An indication of the type and location of any potentially hazardous materials of any nature.
(5)
A statement as to any needed requests, applications or permits from any other governmental body or agency.
(6)
A plan indicating the location, size and type of proposed lighting and any anticipated signs.
(7)
A plan indicating adequate stormwater drainage shall be provided based upon a ten-year reinstall frequency for interior drainage design.
(8)
A landscape design including the provision of vegetation of suitable species and at appropriate levels of maturity in order to screen effectively dissimilar uses from one another, both visually and acoustically, and to protect and enhance the overall quality of the environment, prepared, signed and sealed by a licensed landscape architect.
(9)
A completed environmental assessment form.
(10)
Documentation showing ownership or interest in the property and use under review.
(11)
A statement indicating:
(a)
Proposed hours of operation;
(b)
Scheduling for deliveries, loading and unloading;
(c)
The total number of employees (both part time and full time) to be employed;
(d)
The greatest number of employees anticipated at the premises at any one time; and
(e)
The greatest number of patrons, clients, customers, visitors and guests anticipated at the premises at any one time.
(12)
A traffic study prepared signed and sealed by a licensed engineer.
(13)
Any other information which the Zoning Board of Appeals shall deem appropriate and necessary to make its determination.
E.
Modification of required submissions. The Zoning Board of Appeals shall have the right to modify the required submissions set forth in the immediately preceding Subsection D.
F.
Notice to applicant and county planning agency. At least 10 days before such hearing, the Zoning Board of Appeals shall mail notices thereof to the applicant and to the county planning agency as required by § 239-m of the General Municipal Law, which notice shall be accompanied by a full statement of the matter under consideration, as defined in Subdivision 1 of § 239-m of the General Municipal Law. Notice shall also be mailed to nearby property owners.
G.
Compliance with Environmental Conservation Law § 8-0101 et seq. The Zoning Board of Appeals shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations.
§ 340-46 Off-street parking requirement.
A.
Garage or other accessible off-street parking spaces, each of not less than 9.5 feet wide and 19 feet long, shall be provided as follows:
(1)
Single family residence: one space shall be provided for each dwelling unit.
(2)
Row dwelling: one space shall be provided for each dwelling unit.
(3)
Retail shop: one space shall be provided for each 400 square feet of space in a retail shop, except a grocery retail store which shall require one parking space for each 300 square feet of space in a grocery retail store, and except a grocery wholesale shop which shall require one space for each 700 square feet of space in a grocery wholesale shop.
(4)
Professional office: one space shall be provided for each 400 square feet of space in a professional office.
(5)
Bed-and-breakfast: one space plus 1/2 space for each guest room in a bed-and-breakfast shall be provided.
(6)
Cultural facility: one space shall be provided for each 400 square feet of space in a cultural facility.
(7)
Religious facility: one space shall be provided for each 200 square feet of space in a religious facility.
(8)
Restaurant: one space shall be provided for each 200 square feet of space in a restaurant.
(9)
Bistro/cafe/deli: one space shall be provided for each 300 square feet of space in a bistro, cafe or deli.
(10)
Parking lot: spaces shall be provided as there is space for parking and administration.
B.
Off-premises parking.
(1)
All or a portion of the parking required for a use may be satisfied by parking on another parcel in or outside of the Enterprise I Zone upon application for a special use permit. In such event the proposed use shall be permitted only so long as the parking arrangements off the premises remain intact. Written proof of the parking arrangements shall be provided to the Village Clerk between September 1 and September 15 of each year satisfactory to the Zoning Board of Appeals or the use shall cease as of October 15 of the year in which said written proof is required.
(2)
Failure to provide said written proof of the parking arrangement shall result in a fine of no less than $250 per day and no greater than $500 per day after September 15 until such time as the use ceases or the property owner provides an appropriate showing of the parking arrangements to the Code Enforcement Officer of the Village.
§ 340-47 Signage requirements.
(Reserved)
§ 340-48 Fill permit required.
A.
A property owner shall obtain a fill permit from a code enforcement official to add fill on a lot which fill is greater than three inches in a space or spaces greater than 100 square feet or greater than five inches in any place on the premises.
B.
For purposes of determining whether a fill permit is required, addition of fill shall be cumulative.
C.
An applicant for a fill permit shall present the code enforcement official with a drainage plan prepared, signed and sealed by a professional engineer as the Zoning Board of Appeals may request.
§ 340-49 Outdoor storage.
Outdoor storage is prohibited in the Enterprise I Zone.