Fairport City Zoning Code
ARTICLE XI
Regulations for Special Uses
§ 550-52 Uses requiring special use permits.
[Amended 8-10-1992 by L.L. No. 4-1992; 10-15-1996 by L.L. No. 7-1996; 11-10-1997 by L.L. No. 4-1997]
A.
Certain uses, not permitted as a matter of right in a zoning district, may be located therein upon the issuance of a special use permit by the Zoning Board of Appeals. The provisions of this subsection shall apply to the issuance of all special use permits.
(1)
No special use permit shall be issued, until the Zoning Board of Appeals, after a hearing, determines that:
(a)
The use will be in harmony with the general purpose and intent of this Chapter 550, taking into account the location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it and the size of the site with respect to streets giving access thereto.
(b)
The use will not tend to depreciate the value of adjacent property, taking into account the possibility of screening or other protective measures.
(c)
The use will not create a hazard to health, safety or general welfare.
(d)
The use will not be detrimental to the flow of traffic in the vicinity.
(e)
The use will not alter the essential character of the neighborhood nor be detrimental to the residents thereof.
(2)
In addition, the Zoning Board shall consider the following:
B.
Those uses requiring a special use permit for which additional, specific standards have been established are enumerated below:
(1)
Public utilities. Public utility uses, such as equipment centers, high-voltage transmission lines, towers and substations, and service or storage yards may be permitted in any district, provided that:
(a)
With the application to the Zoning Board of Appeals, the applicant shall submit:
[1]
Detailed site and drainage plans, drawn to scale, as may be necessary to show boundaries of the tract.
[2]
All applicable dimensions set forth in the schedule of this chapter.
[3]
All streets and easements.
[4]
The locations of all proposed and existing structures and buildings within the tract and within 100 feet of the tract.
[5]
The proposed use of all buildings and structures.
[6]
Landscaped areas existing and proposed.
[7]
Drainage.
[8]
Waste disposal system.
[9]
Parking and vehicular circulation and the relationship of the proposed use to highways, streets and adjacent properties.
(b)
No such special exception shall be permitted unless the Zoning Board of Appeals shall determine that:
[1]
The proposed installation in a specific location is necessary and convenient for the efficiency of the public utility system or the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located.
[2]
The design of any building in connection with such facilities conforms to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located.
[3]
Adequate and attractive fences and other safety devices will be provided.
[4]
Sufficient landscaping, including shrubs, trees and lawn, is provided and will be periodically maintained.
[5]
Adequate off-street parking will be provided.
[6]
All of the area, yard and building coverage requirements of the respective zone will be met.
(2)
Parochial or private schools. Parochial or private schools, including institutions of higher learning but not trade or business schools, may be permitted in any residential district. Application for a permit shall be made to the Zoning Board of Appeals. The application shall include a detailed plot and drainage plan of the site, drawn to scale, indicating all-over dimensions; topographical conditions before and after; the location and intended use of existing and proposed buildings; location of recreational areas; and the relationship of the proposed use of highways, streets and adjacent properties and such physical features as might present any deterrent to the protection of the health and safety of the pupils. The application shall include a complete set of architectural plans and specifications, all existing and proposed buildings and structures and a statement setting forth, in general terms, the proposed course of instruction. This statement shall indicate the grade levels of the pupils to be housed in the buildings, the planned pupil capacity of such building or buildings and the contemplated eventual enrollment of the school. Before authorizing the Code Enforcement Officer to issue a permit, the Zoning Board of Appeals shall determine that the following standards are met:
(a)
The curriculum of the proposed school shall be approved by the New York Department of Education.
(b)
The minimum lot area for an elementary school shall be five acres, plus one additional acre for each 100 pupils. The minimum lot area for an intermediate school, high school or institution of higher learning shall be 10 acres, plus one additional acre for each 100 pupils. No more than 10% of the site shall be covered by buildings.
(c)
Off-street parking.
[1]
Off-street parking shall be provided in the following ratios:
[a]
Elementary schools shall provide one parking space for each staff member or employee, plus one parking space for each 10 pupils, plus adequate space for buses and delivery vehicles.
[b]
All other schools shall provide one parking space for each staff member or employee, plus one parking space for each five pupils, plus adequate space for buses and delivery vehicles.
[2]
These requirements may be increased if, in the judgment of the Board of Appeals, such considerations as the unavailability of the bus services, the distance from centers of population or a relatively high percentage of pupils driving their own cars make such increased requirements desirable.
(d)
No driveway shall open onto a public street or road within 150 feet of an intersection of such street or road with another public street or road. In determining the suitability of proposed or existing driveways upon the site, the Board shall consider such factors as grade and site clearance, the number and pattern of driveways, the number, location and design of ingress and egress points, the volume of traffic which may be anticipated on the site and upon adjoining roads and the condition and width of pavement of adjoining roads.
(e)
Illumination for night athletic activities shall be shielded from view from adjoining streets and residential areas.[1]
[1]
Editor's Note: Original § 55-37B(3), regarding hospitals and philanthropic and eleemosynary uses, which immediately followed this subsection, was repealed 11-10-1997 by L.L. No. 4-1997.
(3)
Motor vehicle service stations and public garages. Motor vehicle service stations and public garages may be permitted in the commercial and industrial districts, provided that the following standards are met:
(a)
In addition to the information required in the site plan as spelled out in Article VI of this chapter, the site plan shall also show the number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground, the number and location of pumps to be installed, the type of structure and accessory buildings to be constructed and the number of automobiles which are to be garaged.
(b)
Motor vehicle service stations and public garages located in a commercial zone shall comply with lot and area and width requirements of the B-1 Commercial District Zone.
(c)
Driveways shall not be more than 24 feet wide at any point. Driveways must be at least 10 feet from any side lot line and 25 feet from the intersection of street lines. No more than two driveways shall be permitted for each 100 feet of street frontage.
(d)
The entire area of the site traveled by motor vehicles shall be paved with asphalt or concrete.
(e)
Any repair of motor vehicles shall be performed in a fully enclosed building, and no motor vehicle shall be offered for sale on the site. No motor vehicle parts or partially dismantled motor vehicles shall be stored outside of an enclosed building.
(f)
No vehicles shall be permitted to be standing or parked on the premises of a motor vehicle service station other than those used by the employees in the indirect or direct operation of the establishment.
(g)
Accessory goods for sale may be displayed on the pump island and the building island only. The outdoor display of oil cans and/or antifreeze and similar products may be displayed on the respective island, if provided for in a suitable metal stand or rack.
(h)
No motor vehicle service station or public garage shall be located within 500 feet of any public entrance to a school, library, hospital, church or charitable institution. Such distance shall be measured in a straight line from said public entrance to the lot line nearest said entrance along the street line.
(i)
Where such uses abut a residential zone, they shall be screened by a buffer area not less than 10 feet in width composed of densely planted evergreen shrubbery or solid fencing, or a combination of both, which, in the opinion of the Board of Appeals, will be adequate to prevent the transmission of headlight glare across the zone boundary line. Such buffer screen shall have a minimum height of four feet above the finished grade at the highest point of the parking area. The materials used shall be in keeping with the character of the adjacent residential area.
(j)
All fuel pumps shall be located at least 20 feet from any street or property line.
(k)
The dispensing of gasoline or other flammable fluids shall be governed by the following:
[1]
Dispensing shall be by or under the supervision of a regular attendant whose function shall be to dispense such fluids or to supervise, observe and control the dispensing of such fluids by others. Such regular attendant shall be at least 16 years of age and physically and mentally competent to act in an emergency and shall be instructed regarding the safe handling of flammable fluids.
[2]
Dispensing of flammable fluids by persons other than the regular attendant shall be done at a separate pump island identified by a self-service sign. Each end of such island shall have a placard bearing the legend "No Smoking. Turn Off Engine," measuring 24 inches by 36 inches and readily visible from vehicles approaching the island. The dispensing nozzle on each pump at the island shall be Underwriters' Laboratories, Inc., listed, automatic closing without a hold-open latch. One twenty-pound, dry-powder-type fire extinguisher and such other fire extinguishers as may be specified by the Fire Marshal shall be mounted on the island. Emergency controls for all pumps shall be installed at a location acceptable to the Code Enforcement Officer and Fire Marshal but not more than 100 feet from the island. Operating instructions for the pumps shall be displayed on each pump.[2]
[2]
Editor's Note: Original § 55-37B(5), regarding quasi-public buildings and recreation areas, which immediately followed this subsection, was repealed 11-10-1997 by L.L. No. 4-1997.
(4)
Commercial parking and storage areas. Commercial parking and storage areas may be provided in the M-1 Industrial District, provided that:
(a)
With the application to the Zoning Board of Appeals, the applicant shall submit:
[1]
Detailed site and drainage plans, to scale, as may be necessary to show boundaries of the tract.
[3]
All streets and easements.
[4]
Parking and vehicular circulation and the relationship of the proposed use to highways, streets and adjacent properties.
[5]
Landscaped areas, existing and proposed.
[6]
Drainage.
[7]
The location of existing or proposed structures within the tract and within 100 feet of the tract.
(b)
No such special exception shall be permitted, unless the Zoning Board of Appeals shall determine that:
[1]
The proposed use in a specific location is necessary and convenient for the efficient parking and storage of vehicles, trucks, boats and nonmotorized trailers and will in no way detract from the character of the neighborhood or area in which the use is to be located.
[2]
Adequate and attractive fences and other devices will be provided.
[3]
Sufficient landscaping, including trees and shrubs, will be provided and periodically maintained.
[4]
The parking and storage area or areas will be provided with asphalt, concrete, brick or similar dustless, durable, all-weather pavement and with suitable night-lighting facilities that will be shielded from view from adjoining streets and residential areas.
[5]
Parking and storage of all vehicles, trucks, boats and nonmotorized trailers will be limited to those licensed and in good repair.
[6]
No more than one toll collector booth may be permitted for each commercial parking or storage area, exit or entrance.
[7]
The minimum lot area for a commercial parking or storage area shall be three acres.
[8]
No driveway shall open onto a public street or road within 150 feet of an intersection of such street or road with another public street or road. In determining the suitability of proposed or existing driveways upon the site, the Board shall consider such factors as grade and site clearance, the number and pattern of driveways, the number, location and design of ingress and egress points, the volume of traffic which may be anticipated on the site and adjoining roads and the condition and width of pavement of adjoining roads.
(5)
Light industrial use. Light industrial uses may be permitted in the B-1 Commercial District, provided that the following standards are observed:
(a)
A set of plans, specifications and plot plans and a statement setting forth the full particulars on the operation of the structure or use are filed with the Zoning Board of Appeals by the applicant.
(b)
There shall be off-street parking provided in the ratio of one parking space for every employee on the largest shift.
(c)
The entire area of the site traveled by motor vehicles shall be hard-surfaced.
(d)
Where such light industrial uses abut a residential zone, they shall be screened by a buffer area not less than 10 feet in width composed of densely planted evergreen shrubbery or solid fencing, or a combination of both, which, in the opinion of the Board of Appeals, will be adequate to prevent the transmission of headlight glare across the boundary line. Such buffer screen shall have a minimum height of four feet above the finished grade at the highest point of the parking area.
(6)
Swimming clubs. Swimming clubs, as defined by this chapter, may be permitted in any district with a special use permit. Before authorizing the Code Enforcement Officer to issue a permit, the Zoning Board of Appeals shall determine that the following standards are met:[4]
(a)
The standards for health and safety as specified in the municipal ordinance or other regulation relating to swimming clubs shall be met.
(b)
Swimming clubs shall provide parking according to the following ratios: one parking space for every full-time employee and one additional space for every two separate memberships.
(c)
The minimum land area for swimming clubs shall be five acres, with a minimum frontage and depth of 400 feet.
(7)
Major home occupation. A major home occupation, as defined herein, shall require the issuance of a special use permit by the Board of Appeals upon a finding that the following criteria have been met. The Board of Appeals may condition or restrict the special use permit if the same is required to minimize the impact of the use upon the neighborhood.
(a)
The major home occupation must be clearly incidental to the residential use of the premises.
(b)
The special use permit must be issued to a person who is an actual resident of the premises. No more than one employee who is not a resident shall be allowed.
(c)
The major home occupation must be carried on within an existing building on the premises. The major home occupation may not exceed 25% of the total gross habitable floor area of the principal building or 500 square feet.
(d)
The major home occupation must be fairly transparent and unobtrusive. The standard, fairly transparent and unobtrusive, requires that the nonresidential character of the major home occupation not be apparent. The Board of Appeals shall consider the following standards when making this determination:
[1]
Noise. The Board must find that the major home occupation is not likely to produce more noise than would exist in a residence without a major home occupation and that the type of noise and times of day of noise generation are not inconsistent with the primary residential use of the property.
[2]
Pedestrian traffic. The Board must find that the major home occupation is not likely to produce more pedestrian traffic to and from said premises than would exist in the case of a residence without a major home occupation and that the timing of such traffic is not inconsistent with traffic likely to be generated by the primary residential use.
[3]
Vehicular traffic. The Board must find that the major home occupation is not likely to produce more vehicular traffic to and from said premises than would exist in the case of a residence without a major home occupation and that timing of such traffic is not inconsistent with the primary residential use.
[4]
Parking. The Board must find that the major home occupation does not create a need for more off-street parking than is provided on the lot and that existing parking facilities on the lot can accommodate the required parking.
[5]
Aesthetics. If any change to the exterior of the building is proposed, the Board must find that the change will not materially alter a characteristic architectural feature of the building, such as fascia, window style or roofline.
(e)
One sign may be permitted in the discretion of the Board identifying the major home occupation. In approving a sign, the Board may limit its size. Except as so limited, the sign shall comply with the sign regulations for the district in which the home occupation is located.
(8)
Shared living residence for the elderly. A shared living residence for the elderly, as defined herein, shall require the issuance of a special use permit by the Board of Appeals upon a finding that the following standards have been met. The Board of Appeals may condition or restrict the special use permit if the same is required to minimize the impact of the facility upon the neighborhood.
(9)
Bed-and-breakfast home. A bed-and-breakfast home, as defined herein, shall require the issuance of a special use permit by the Board of Appeals upon a finding that the following criteria have been met. The Board of Appeals may condition or restrict the special use permit if the same is required to minimize the impact of the use upon the neighborhood.
(a)
The one-family dwelling in which the bed-and-breakfast is located shall be the principal residence of the owner of the one-family dwelling.
(b)
The lot shall conform to the minimum lot size prescribed in the Schedule of Lot, Yard and Bulk Requirements (see § 550-8).
(c)
All applicable provisions and regulations of the New York State Uniform Fire Prevention and Building Code, the Monroe County Health Department and the Village of Fairport shall be met.
(d)
No special use permit shall be issued until a certificate of occupancy shall have been issued, based upon an inspection made within 30 days, attesting to compliance with the provisions of this chapter and the New York State Uniform Fire Prevention and Building Code applicable to the intended use and occupancy. The certificate of occupancy shall state the maximum number of overnight guests.
(e)
The special use permit shall require that a notice be posted within the bed-and-breakfast home stating the maximum number of overnight guests.
(f)
No guest may be registered for a period longer than 30 consecutive nights. The owner shall maintain a guest register and shall preserve registration records for a minimum of three years. The register and all records shall be made available for inspection by the Village.
(g)
In addition to the off-street parking required for the dwelling in which the bed-and-breakfast home is located, one parking space shall be provided for each guest room and one for each employee. All parking areas shall be screened from direct view of any adjacent residential use by a visual barrier approved by the Planning Board.
(h)
One sign shall be permitted, identifying the property as a bed-and-breakfast home. The sign shall comply with the sign regulations for the district in which the bed-and-breakfast is located.
(i)
The bed-and-breakfast home shall be served by public sewer and public water.
(j)
The initial term of any special use permit issued hereunder shall be for a period of one year, unless sooner revoked. The Zoning Board of Appeals, after a hearing, may revoke the special use permit for:
[1]
A violation of any condition imposed by the Zoning Board of Appeals;
[2]
Any misrepresentation of fact made to the Zoning Board of Appeals, the Code Enforcement Officer or the Planning Board in conjunction with the application and review process; or
[3]
Violation of this section or any provision of this chapter.
(k)
Any special use permit issued hereunder shall be personal to the licensee, and no permit shall be transferable or run with the land.
C.
Except as provided in Subsections D and E hereof, the Planning Board is hereby authorized and shall have exclusive jurisdiction to issue a special use permit for any use in the CD Canal District for which a special use permit is required. All the provisions of § 550-52A relating to issuance of special use permits by the Zoning Board of Appeals shall apply to the Planning Board.
[Added 4-6-1999 by L.L. No. 3-1999]
(1)
The Planning Board must determine that the proposed use in the location proposed will, on balance, keeping in mind the degree to which the applicant is able to satisfy the requirements of the Canal District, provide a benefit to the Village of Fairport.
(2)
Any special use permit issued hereunder shall be conditioned upon the issuance of site plan approval by the Planning Board within 90 days. This time may be extended for a similar period, one time, by the Planning Board prior to the expiration of the first ninety-day period.
D.
Docking, maintenance or operation of tour/excursion boats or hire boats pursuant to a special use permit issued by the Board of Trustees.
[Added 4-6-1999 by L.L. No. 3-1999]
(1)
The term "operation" shall mean the embarkation or disembarkation of passengers.
(2)
Any special use permit shall be limited to one year.
(3)
The Board of Trustees shall consider the following and may impose reasonable conditions to any special use permit issued:
(a)
Provision of adequate off-street parking spaces as will provide reasonable parking for employees and for patrons and passengers.
(b)
Provision of adequate vehicular and pedestrian access to the office or ticket-issuing site and to the point of embarkation.
(c)
Provision of reasonable lighting at the point of embarkation with such design as to prevent the spilling of light onto adjacent properties.
(d)
Provision of on-land sanitary facilities reasonably designed to meet patron and passenger needs prior to embarkation.
(e)
Provision of on-land trash collection and disposal facilities.
(f)
Provision for the storage and dispensing of flammable materials in such a way as to minimize the danger of fire or explosion.
(g)
Hours of operation.
E.
Operation of a commercial enterprise within the "Blue Line" of the Erie Canal pursuant to a special use permit issued by the Board of Trustees.
[Added 4-6-1999 by L.L. No. 3-1999]
(1)
A commercial enterprise receiving a special use permit pursuant to Subsection D is exempt from complying with this subsection.
(2)
Any special use permit shall be limited to one year.
(3)
The Board of Trustees shall consider the following and may impose reasonable conditions to any special use permit issued:
F.
Inn. The Board of Trustees may approve a special use permit for an inn, subject to the following conditions:
[Added 7-11-2016 by L.L. No. 3-2016]
(1)
Any inn must be compatible with the surrounding neighborhood.
(2)
There shall be no exterior indication that the inn is a business, except for one permitted sign and required parking.
(3)
No cooking facilities are permitted in the individual guest rooms.
(4)
Meals may be served to customers currently residing at the inn and their guests only.
(5)
An inn shall not have more than 14 lodging rooms for hire.
(6)
No guest may be registered for a period longer than 30 consecutive nights. The owner or manager shall maintain a guest register and shall preserve registration records for a minimum of three years. The register and all records shall be made available for inspection by the Village.
(7)
Outbuildings detached from the principal structure shall not be used for lodging.
(8)
A minimum of one off-street parking space shall be provided for each rentable lodging unit. No such parking spaces shall be located in the front yard area and each space shall be not less than nine feet by 19 feet. All parking spaces shall be screened from direct view of any adjacent residential use by a visual barrier approved by the Board of Trustees.
(9)
No inn shall be permitted where access is provided by a shared driveway.
(10)
Each rentable room shall be equipped with a functioning smoke detector.
(11)
Any inn shall comply with all requirements of the County of Monroe and the State of New York. Compliance with these requirements shall be submitted to the Code Enforcement Officer prior to the issuance of a certificate of occupancy.
(12)
The secretary of the Fairport Police Department shall be given the name, address, and phone number of an owner or manager who will be available in case of public health, safety, or nuisance issues.
(13)
All guests shall be given the name and phone number of an owner or manager who will be available to provide services to said guests.
(14)
A use authorized by a special permit issued pursuant to this section may be revoked by the Village Board if it is determined after a public hearing, that there has been a material failure of compliance with any one of the terms, conditions, limitations, or requirements imposed by the special permit.
§ 550-53 Special permit to be issued by Board of Trustees.
[Added 5-14-2007 by L.L. No. 3-2007]
A.
Special permit required.
(1)
No building permit for a stand-alone structure exceeding 6,000 square feet of gross floor area in a commercial district shall be issued prior to the issuance of a special permit therefor by the Board of Trustees.
(2)
No retail use that exceeds 6,000 square feet of gross floor area within a stand-alone building in a commercial district shall be permitted prior to the issuance of special permit therefor by the Board of Trustees.
B.
Procedure.
(1)
An application for a special permit may be filed by the owner of, or a person having a contractual interest in, the subject property. The application shall be on such forms as are prescribed by the Village of Fairport Building Department.[1]
(a)
Within 62 days of receipt of an application, the Village Board shall refer the application to the Planning Board for a determination pursuant to SEQR and a recommendation on the merits of the application.
(b)
Within 32 days of receipt of a referral the Planning Board shall determine whether the application is complete. The Planning Board may elect, within 15 days after the application is complete, to call a public hearing for a date not less than 15 nor more than 30 days after the call. Following public hearing and a determination pursuant to SEQR, the Board shall make a recommendation to the Village Board within 62 days unless the time frame has been extended by mutual consent of the applicant and the Board. If the Planning Board does not call a public hearing, the Planning Board shall make a determination pursuant to SEQR and a recommendation to the Village Board within 62 days after the application is complete, unless the time frame has been extended by mutual consent of the applicant and the Board.
(c)
In making its recommendation the Planning Board shall take into consideration the requirements of the underlying zoning district in which the structure is proposed as well as any applicable overlay design standards and site plan requirements applicable thereto.
(d)
Within 62 days of receipt of the recommendation from the Planning Board, the Village Board shall hold a public hearing on the application. Following the public hearing, the Board shall render a decision on the matter within 62 days, unless the time frame has been extended by mutual consent of the applicant and the Board.
(2)
A special permit issued in accordance with the provisions of this section shall authorize only the special permit use for which the permit is granted. Any use for which a special permit is granted shall be deemed a use permitted on the property upon which it is located, except that for any additional use or enlargement of such use, a separate special permit shall be required for each addition or enlargement.
(3)
In the case of an application pursuant to § 550-53A(1) above, the special permit may include reasonable conditions related to the proposed structure, including, among other things, its placement on the parcel to minimize setbacks from a public way, the arrangement of building segments so as to minimize the visual impression of bulk, and the minimization of impact upon traffic volume and flow. The failure to impose such conditions shall not preclude the Planning Board from imposing such conditions during site plan review as part of the normal land development process. In the case of an application pursuant to § 550-53A(1) above, a special permit shall expire one year after its issuance unless substantial construction in reliance thereon has taken place.[2]
(4)
In the case of an application pursuant to § 550-53A(2) above, the special permit may include reasonable conditions related to the proposed use. In the case of an application pursuant to § 550-53A(2) above, unless the Village Board specifies a different period, a special permit shall be good for a period of one year. Failure to exercise, maintain or continue a use which has been granted a special permit for a period of one year shall render such permit void.[3]
(5)
A use authorized by a special permit issued pursuant to § 550-53A(2) above may be revoked by the Village Board if it is determined, after a public hearing, that there has been a material failure of compliance with any one of the terms, conditions, limitations or requirements imposed by the special permit.