Elbridge Town City Zoning Code
ARTICLE XII
Planning Board
§ 265-76 Membership and term of office.
A.
The Planning Board shall consist of five members.
B.
In addition to the five board members provided for herein above, there shall be one alternate Planning Board member whose term of office shall be one year. This alternate Planning Board member shall be appointed annually by the Town Board and shall serve upon the call of the Planning Board Chairman as a substitute for a member who is unable to participate because of a conflict of interest. The provisions of § 271, Subdivision 15, of the Town Law are hereby superseded and said alternate Planning Board member is hereby also authorized to substitute for a member who is unable to participate for any other reason than conflict of interest, upon the call of the Planning Board Chairman.
§ 265-77 Qualifications of Board members.
The qualifications of the present Board members are hereby acknowledged; however, any new member shall be provisionally appointed subject to completion of a generally accepted basic qualification program to be promulgated by either the State of New York or the New York Planning Federation. Any such new member shall successfully complete such basic qualification program within six months of appointment. All members, including those who are presently qualified, shall participate annually in a continuing education course to be approved by the Town Board upon the recommendation of the Planning Board. Each Board member shall attend annually at least two meetings of the Onondaga County Planning Federation.
§ 265-78 Referral of matters to Planning Board.
The Planning Board shall review any matter referred to it by either the Town Board or the Zoning Board of Appeals.
§ 265-79 Investigations and reports.
The Planning Board shall have the authority to make such investigations, maps, reports and recommendations in connection with the planning and development of the Town as it deems necessary.
§ 265-80 Site plan review.
A.
The Planning Board is hereby authorized and shall review and approve site plans for all development proposals other than single-family or two-family dwellings or a farm operation in an Agriculture, Rural Residential or R-1 District.
B.
The site plan shall consist of a drawing prepared to scale and containing necessary details which portrays the arrangement, layout and design of the site and shall include a stormwater pollution prevention plan. The following data shall be presented on the site plan:
(1)
Title of drawing, including name and address of applicant and person responsible for preparation of such drawing;
(2)
North arrow, scale and date;
(3)
Boundaries of the property and all easement plotted to scale;
(4)
Existing watercourses;
(5)
Grading and drainage plan, showing existing and proposed contours;
(6)
Location, design, type of construction and exterior building surfaces, exterior dimensions of all buildings;
(7)
Exterior elevations;
(8)
Location, design and type of construction of all parking and truck loading areas, ingress and egress, handicapped spaces, access aisles and snow storage areas;
(9)
Location of outdoor storage, if any;
(10)
Provision for pedestrian building access;
(11)
Location, design and construction materials of all existing or proposed site improvements including stormwater facilities, retaining walls and fences;
(12)
Description of the method of sewage disposal and location, design, and construction materials of such facilities;
(13)
Description of the method of securing public water and location, design and construction materials of such facilities;
(14)
Location of fire and other emergency zones, including the location of fire hydrants;
(15)
Location, design and construction materials of all energy distribution facilities, including electrical, gas and solar energy;
(16)
Location, site and design and type of construction of all proposed signs;
(17)
Location and proposed development of all buffer areas, including existing vegetative cover;
(18)
Location and design of outdoor lighting facilities, which shall conform to the provisions of § 265-81;
(19)
General landscaping plan and planting schedule;
(20)
An estimated project construction schedule;
(21)
Identification of any state or county permits required for the projects execution and status of such applications;
(22)
Other elements integral to the proposed development as considered necessary by the Planning Board;
(23)
SEQR submission;
(24)
Names of property owners within 500 feet of property;
(25)
Current survey.
C.
Site plan review shall be required in the following instances:
(1)
Change of use;
(2)
When a building or structure is to be erected;
(3)
When a building or structure is to be altered such that its footprint or its facade is altered;
(4)
When vehicular movement, vehicular parking or a pedestrian walkway is altered;
(5)
When surface water drainage is altered;
(6)
When exterior lighting is installed or altered;
(7)
When designed landscaping is installed or altered;
(8)
When grading activity occurs.
D.
Application Each applicant shall submit a written application in such form as the Planning Board shall determine.
E.
Professional fees. The Planning Board is authorized to engage any professional it deems necessary to assist it in the review of the application. The applicant shall reimburse the Planning Board for any such fees incurred and shall require the applicant to make a deposit in advance on account of such fees. In the event such a deposit is not paid, the Planning Board shall suspend its review of the application until such deposit is made.
F.
Decision.
(1)
Before making its decision regarding a site plan, the Planning Board shall consider the following matters:
(a)
Geometric characteristics of all buildings and related improvements;
(b)
Aesthetic characteristics, including design, texture, materials, colors and illumination;
(c)
Physical attributes of the site, including size, shape, elevation, topography and natural vegetation;
(2)
Thereupon, the Planning Board shall make general findings regarding the matters hereinafter set forth:
(a)
Whether the proposed use is in compliance with all other applicable regulations of this chapter inclusive of specific district controls applicable to all districts, and all other applicable local, state and federal regulations;
(b)
Whether the proposed use will have an adverse impact upon the character or integrity of any land use within the immediate neighborhood having an unique cultural, historical, geographical, architectural, or other specific characteristic;
(c)
Whether the proposed use is being developed in such a way as to insure maximum amenities available to the site based upon a consideration of the site plan and functional requirements of the proposed use;
(d)
Whether the proposed use is physically and visually compatible with and will not impede the development or redevelopment of the general neighborhood or adversely affect existing land use within close proximity to the subject site;
(e)
Whether the proposed use will be provided with adequate supporting public safety services such as fire and police protection, public and private utilities and all other supporting governmental services necessary and appropriate to the proposed use;
(f)
Whether the design of vehicular and pedestrian movement, including handicapped accessibility, provides for the safety of the general public;
(g)
Whether the parking and loading facilities are adequate and whether the location of same is appropriate. Compliance with the provisions of Article VI shall not constitute a determination that the foregoing requirements have been satisfied;
(h)
Accessibility by emergency vehicles with particular emphasis on access to all buildings and structures, and provision for turning and free movement:
(i)
Provision for snow storage;
(j)
Age and mobility of all persons for whose benefit the use is intended;
(k)
General character and speed limits of streets in close proximity;
(3)
In approving a site plan, the decision of the Planning Board may be conditioned as follows:
(a)
Imposition of provisions for financial security to guarantee performance;
(b)
Time limitation on the duration and/or hours of operations of any activity associated with the use.
§ 265-81 Special use permits.
[Added 11-10-2021 by L.L. No. 5-2021[1]
A.
The Planning Board may grant special use permits as hereinafter authorized. A land use activity that requires a special use permit is not automatically approved. An applicant only becomes entitled to a special use permit to conduct the desired use if the applicant demonstrates to the Planning Board that the proposed use will be conducted in accordance with the following standards, and only after the Planning Board has made findings determining that:
(1)
The use complies with all special requirements of this chapter.
(2)
The use is appropriate for the particular location.
(3)
All potential adverse impacts upon the neighborhood have been mitigated to the extent that is reasonably practicable.
(4)
The use would not change the essential character of the neighborhood.
(5)
The use is not detrimental to the health, safety and general welfare of the neighborhood.
B.
Professional fees. The Planning Board is authorized to engage any professional it deems necessary to assist it in the review of the application. The applicant shall reimburse the Planning Boar for any such fees incurred and shall require the applicant to make a deposit in advance on account of such fees. In the event such a deposit is not paid, the Planning Board shall suspend its review of the application until such deposit is made.
C.
The Planning Board is also authorized to impose any conditions on the grant of the special use permit that are reasonably necessary to insure that the proposed use will satisfy the standards and criteria set forth in this chapter or are otherwise reasonably necessary considering the facts and circumstances of the case.
D.
In an agricultural zoning district, special use permits may be granted for the following uses:
(1)
Public service and utilities;
(2)
Outdoor recreation;
(3)
Home occupation, which shall comply with the following conditions and restrictions:
(a)
The lot must be three or more acres;
(b)
The occupation shall be conducted entirely within a building at the residence;
(c)
There shall be no external evidence of the alteration of the residence for business purposes. Any alterations to the residence to accommodate the home occupation shall be architecturally consistent with the preexisting residence. Any other building on the premises which is used for the home occupation shall appear externally to be residential accessory in its attributes;
(d)
There shall be no outside storage or display of home occupation goods in front of the residence on site. However, the Planning Board may vary this requirement upon presentation of special circumstances;
(e)
No exterior advertisement, sign or display shall be allowed on the premises except a two-foot-square business identification sign attached to the front elevation of a building or freestanding 15 feet off of the highway right-of-way;
(f)
Only one nonresident of the household may be employed in the home occupation;
(g)
All commercial motor vehicles must be parked in the least intrusive area of the premises;
(h)
All equipment used in the home occupation must be located or stored out of sight from the public highway;
(i)
No activity which is offensive by reason of odor, noise, dust, smoke, hours of operation, debris, noxious fumes, vibration, excessive lighting or manner of operation shall be allowed;
(j)
The home occupation shall not occupy an area exceeding 25% of the first floor area of the residence;
(k)
Any additional parking spaces shall be located behind the residence;
(4)
A noncommercial wind energy conversion system (WECS) which shall comply with the following conditions:
(a)
A site plan drawn by a licensed professional shall show the following:
[1]
Location of the tower on the site and the tower height, including blades, rotor diameter and ground clearance;
[2]
Utility lines, both above and below ground, within a radius equal to the proposed tower height, including blades;
[3]
Property lot lines and the location and dimensions of all existing structures and uses on-site within 300 feet of the system;
[4]
Surrounding land use and all structures within 500 feet of the WECS location;
[5]
Dimensional representation of the various structural components of the tower construction, including the base and footing;
[6]
Design data indicating the basis of design, including manufacturer's dimensional drawings and installation and operation instructions;
[7]
Certification by a registered professional engineer or manufacturer's certification that the tower design is sufficient to withstand wind-load requirements for structures as established by the New York State Uniform Fire Prevention and Building Code;
[8]
Evidence from a qualified individual that the site is feasible for a WECS;
(5)
Bed-and-breakfast;
(6)
Outdoor wood boiler located at least 200 feet from all property lines.
E.
In a rural residential district, special use permits may be granted for the following uses:
(1)
Home occupation which shall comply with Subsection D(3), with the exception that the lot size specified in Subsection D(3)(a) may be two or more acres;
(2)
Bed-and-breakfast;
(3)
Private boarding of farm livestock, subject to the restrictions contained in § 265-10B(3);
(4)
Religious institutions;
(5)
Public service and utilities;
(6)
Outdoor wood boiler located at least 200 feet from all property lines;
(7)
Commercial animal boarding on three or more acres;
(8)
A noncommercial wind energy conversion system which shall comply with Subsection D(4);
F.
In a R-1 District, special use permits may be granted for the following uses:
(1)
Two-family dwelling;
(2)
Adult housing facilities;
(3)
Public service and utilities;
(4)
Religious institutions;
(5)
Crop farming on five or more acres;
(6)
Bed-and-breakfast on two or more acres;
(7)
Home occupation limited to only service businesses and which shall comply with Subsection D(3)(c), (e), (f), (j) and (k). No goods may be stored or delivered on the premises.
G.
In a R-3 District, special use permits may be granted for the following uses:
(1)
Home occupation which shall comply with Subsection D(3), with the exception that the lot size specified in Subsection D(3)(a) shall be two or more acres;
(2)
Bed-and-breakfast on two or more acres;
(3)
Religious institutions;
(4)
Public service and utilities;
(5)
Outdoor wood boiler located at least 200 feet from all property lines.
H.
In a service district, special use permits may be granted for the following uses:
(1)
Public service and utilities;
(2)
Fuel stations and car washes;
(3)
Restaurant and tavern not to exceed 3,000 square feet;
(4)
Indoor sales not to exceed 3,000 square feet.
I.
In a Business (B-1) District, special use permits may be granted for the following uses:
(1)
Outdoor sales;
(2)
Public service and utilities.
J.
In an industrial district a special use permit may be granted for an outdoor wood boiler located 200 feet from all property lines.
K.
In the Eno Point Planned District a special use permit may be granted for all year residential use only if it is proven by competent professional evidence that the sewage disposal system is adequate and that there is a potable water supply each of which is approved by the Onondaga County Department of Health. Before the special permit is granted, the application shall be referred to the Eno Point Campers Association for comment.
L.
Religious institutions residence. Wherever a religious institution is an allowed use or it is a preexisting nonconforming use, a special use permit may be granted to allow on site a residential use unit in an existing building which may be used only for the residence of an employee of the religious institution and his family.
[1]
Editor's Note: This local law also redesignated former §§ 265-81 through 265-85 as §§ 265-82 through 265-86.
§ 265-82 Outdoor lighting regulations.
A.
Purpose. Inappropriate, excessive and poorly designed lighting can adversely affect adjoining properties, driving conditions, residential neighborhoods and enjoyment of the nighttime sky. The purpose of these regulations is to avoid such negative impacts, reduce unnecessary power consumption and promote effective and enjoyable lighting design.
B.
Definitions. As used in this section, the following terms shall have the meanings indicated:
CONE OF ILLUMINATION
The conical shaped volume of light emanating from a light fixture and directed toward the ground. The ground level intensity may be measured in concentric circles. For wall-mounted fixtures the ground pattern will be a semicircle.
CUTOFF FIXTURE
Pole-mounted light fixtures designed to radiate almost no light above a plane 10° below horizontal from the lens of the fixture.
FLOODLIGHT
A fixture which is designed to concentrate a substantial amount of light in a concentrated area and in a direction other than downward.
FOOTCANDLE
The traditional measure of light intensity, based on one rumen distributed over one square foot.
LIGHT CURFEWS
Light intensity reduction to 50 or less of the regular intensity by automatic control within 30 minutes of the close of business.
LIGHT TRESPASS
Light shining beyond the property line on which the fixture is located.
SECURITY LIGHTING
Fixtures that are activated by motion or occupancy sensors and designed to remain activated for less than 1/2 hour.
C.
Submittals. Fixture specifications including mounting height, wattage, lamp type (metal halide, high pressure sodium, LED) etc., and a detailed drawing of the fixture and the mounting pole. Except for small, low-level lighting proposals, a photometric layout showing the ground level light intensity in a numerical grid pattern covering the proposed area of illumination.
D.
Standards. Light sources shall be enclosed within opaque housings (cutoff fixtures) so as to not be visible from any street ROW or adjacent property. Light sources shall be horizontal. Light sources installed below canopies and roof overhangs are encouraged. Fixture shielding shall be such that the source of illumination is not visible above any point on the same horizontal plane as the lens of the fixture, including wall-mounted and ceiling-mounted fixtures. Light trespass is prohibited and light intensity at property lines shall not exceed 1/2 FC adjoining residential or 1 FC adjoining nonresidential properties except in the vicinity of entrance and exit drives. Light curfews are encouraged at all vehicular parking areas.
E.
Special conditions. Floodlighting is prohibited unless specifically approved by the Planning Board and is directed away from the roads, drives or neighboring properties. Ground-mounted illumination of buildings or features shall be permitted only when light sources are concealed from view when the building or features are deemed significant for illumination, and with approval of the Planning Board. Flashing, blinking or moving lights are prohibited. Holiday lighting during the months of November through January is exempt from this chapter as long as there is no objectionable glare or trespass. Sports lighting may be permitted, including waiver of some conditions, after approval by the Planning Board and assurance that there will be minimal impact on passing motorists or neighboring properties. Light curfews are required in all parking areas of more than four vehicles serving commercial or industrial purposes, and may be accomplished either by reducing lamp output, or by turning off selected lamps, but shall not require reductions to less than 0.2 FC measured at ground level. Security lighting shall comply with standards for intensity trespass and glare, but need not be within opaque housings. Lighting lawfully in place prior to the date of these regulations shall be permitted to continue but significant site modifications shall require conformity.
F.
Maximum ground level illumination within cone of illumination shall not exceed the following:
(1)
In residential and agricultural districts: 5 FC.
(2)
In Business B-1 and B-2 and service districts: 10 FC.
(3)
In Business B-3 and industrial districts: 15 FC.
(4)
Under gas station canopies: 25 FC.
(5)
At ATM machines: as required for minimum compliance with banking regulations.
G.
Maximum pole heights as measured from average ground level to the bottom of the light fixture:
(1)
In residential districts: 10 feet.
(2)
In agricultural and rural residential districts: 15 feet.
(3)
In business and industrial districts: 20 feet.
(4)
In business and industrial districts more than 50 feet from residentially zoned property: 35 feet in vehicular areas only, 15 feet in pedestrian areas.
§ 265-83 Effect and duration.
Upon approval by the Planning Board of a site plan, it shall have the effect only of granting permission for the development of the particular proposal in accordance with the plans, drawings, elevations and specifications so approved. Such approval shall be deemed automatically revoked if, within six months from the date of said approval, substantial progress has not been made in the execution of construction of the project. Six-month extension periods may be granted by the Planning Board.