Gates City Zoning Code
ARTICLE XXXII
Conditional Use Permit Review Procedures
§ 190-195 Purpose.
The purpose of conditional use approval is to allow the proper integration of uses into the community and zoning districts, plans and elevations necessary to show the proposed development, any requirements listed in § 190-196, as determined necessary by the review board, and other drawings or information necessary for an understanding of the proposed use and its relationship to surrounding properties and a filing fee as required in the Town's fee schedule, established by Town Board resolution, no part of which is returnable.
§ 190-196 Authorization to grant or deny.
The conditional uses listed in this chapter may be permitted upon authorization of the appropriate board authorized to do so by Town Board resolution or, alternatively, the Town Board, in accordance with the standards and procedures set forth in this article. In permitting a conditional use or the modification of a conditional use, the appropriate board may impose, in addition to those standards and requirements expressly specified by this chapter, any additional conditions which the Board considers necessary to protect the best interests of the surrounding property, the neighborhood or the Town as a whole. These conditions may include but are not limited to increasing the required lot size or yard dimensions; limiting the height of buildings; controlling the location and number of vehicle access points; increasing the street width; increasing the number of off-street parking and loading spaces required; limiting the number, size and location of signs; and requiring diking, fencing, screening, landscaping or other facilities to protect adjacent or nearby property. In the case of a use existing prior to the effective date of this chapter and classified in this chapter as a conditional use, any change in use or in lot area or an alteration of structure shall conform with the requirements dealing with conditional uses.
§ 190-197 Application.
A property owner(s) or his agent(s) may initiate a request for a conditional use by filing an application with the authorized official, using forms provided by the Town for such requests. Such application shall be accompanied by a legal description of the property, a map showing the property and all properties within a radius of 500 feet of the exterior boundaries thereof, plans and elevations necessary to show the proposed development, any requirements listed in § 190-196, as determined necessary by the review board, and other drawings or information necessary for an understanding of the proposed use and its relationship to surrounding properties and a filing fee as required in the Town's fee schedule, established by Town Board resolution, no part of which is returnable.
§ 190-198 Governing standards.
A conditional use shall comply with the standards of the zone in which it is located, except as these standards have been modified in authorizing the conditional use or as otherwise modified when consideration is given the following:
A.
In order to grant any conditional use, the appropriate board shall find that the request is:
(1)
In harmony with the general purpose and intent of this chapter and of other respective zoning districts in which it is proposed.
(2)
Would not be detrimental in any way to any uses permitted in the respective zone or adjacent zones, taking into account the location and size of use, the nature and intensity of the operations involved in connection with it and the size of the site in respect to streets giving access thereto.
B.
In order to grant any conditional use, the appropriate board shall find that the establishment, maintenance or operation of the use applied for will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to the property and improvements in the neighborhood or to the general welfare of the Town.
C.
A conditional use permit shall become void one year after approval unless, by conditions of the use permit, greater or lesser time is specified as a condition of approval or unless, prior to the expiration of one year, a building permit is issued and substantial construction is started within two years. The reviewing board may extend the permit for a period of one year subject to the requirements of this article.
D.
The appropriate board, on its own motion, may revoke any conditional use permit for noncompliance with conditions set forth in the granting of said permit after first notifying the applicant of the violations and of the time period for compliance.
§ 190-199 Public hearing.
Before a conditional use is permitted, the proposed conditional use shall be considered by the appropriate board at a public hearing. Notice of said hearing shall be given as provided in § 190-176.
§ 190-200 Notification of action.
The appropriate board shall, in writing, notify the applicant for a conditional use of the Board's action, within five days after the decision has been rendered.
§ 190-201 Uses subject to issuance of conditional permit.
[Amended 8-5-2024 by L.L. No. 4-2024]
The following uses shall be subject to issuance of a conditional use permit by the Town Board. The Board may, in addition to administering the requirements listed for other conditional use permits and all requirements contained elsewhere in this chapter, consider and be guided by the following factors for each respective use:
A.
Gasoline service stations.
(1)
There should be no more than one such station for each 1,000 residents in the Town.
(2)
The gasoline service station and all customary uses and operations associated with the facility should not be located closer than 200 feet to a residential district or be separated from such district by another nonresidential use, or meet both requirements, as the case may be.
(3)
They shall be located at either major origin and/or destination points within the community, such as shopping areas or areas near major employment centers or in neighborhood service centers located at the intersection of two major roads, that is roads identified as either arterial or collector, in the Town Comprehensive Plan. Each service station shall comply with access requirements as listed elsewhere in this chapter.
(4)
They shall be designed in keeping with the prevailing architectural characteristics of the adjacent area and development.
(5)
Outdoor merchandise shall be limited to those items that are stored inside at the time the station closes.
(6)
Lubrication and repair facilities shall be located within wholly enclosed structures; provided, further, that repairs shall be limited to those which do not require the retention of a vehicle any longer than two full working days. Such vehicles shall be kept inside the station.
(7)
There shall be no outdoor storage of any disabled or dismantled vehicle. There shall be no outdoor storage of more than five vehicles, each vehicle having a valid license plate and/or New York State inspection sticker, and no more than two of which vehicles may be commercial vehicles. Where such use is allowed, the area shall be kept neat and shall be screened from adjacent uses by an opaque-type fence consistent with the character of adjacent uses and buffered with screen plantings if seen from a residential district.
(8)
Outdoor storage of used oil or other material of a reusable nature shall be screened from the view of the general public by an opaque fence. Any dumpster or other facility for outdoor storage of waste material shall be similarly screened.
(9)
No gasoline pump should be closer than 25 feet from a property line or future highway right-of-way, if one has been determined.
(10)
Grease and other filters and/or traps shall be provided as recommended or required by the Monroe County Health Department for the purpose of protection of the public sewer system and public bodies of water.
(11)
The use shall be located so as not to interfere with pedestrian circulation patterns in the immediate vicinity and shall not increase traffic hazards and congestion through turning movements or other means.
(12)
Outdoor lighting shall not cause glare or nuisance to adjoining uses.
(13)
The sale of smoking paraphernalia shall not exceed five square feet of sales area.
B.
Vehicle washes.
(1)
Coin-operated vehicle washes. These washes are intended to be those where the vehicle operator washes the vehicle by using a hose which is geared to a coin-operated, timed mechanism.
(a)
The vehicle washing facility or customary uses or operations associated with the facility shall be located no closer than 300 feet from any residential district and should be separated from a residential district by another nonresidential use, or meet both requirements, as the case may be.
(b)
All washing facilities shall be within a completely enclosed building which shall be designed in keeping with the facades of adjacent land uses.
(c)
Vacuuming facilities may be outside the building but shall not be in the front yard and shall meet the respective setback requirements as listed in Article XXV for the General Business District. Such area may be buffered or screened as deemed necessary.
(d)
Off-street parking shall be provided on the property in the ratio of not less than four parking spaces at the exit from each stall and one space per employee. Each space shall meet the minimum requirements for a parking space as required in Article IV.
(e)
All off-street parking areas shall be paved.
(f)
Any lights used to illuminate the area shall be directed away from adjacent properties.
(g)
The use shall close operations at a reasonable hour, as determined by the Town Board.
(2)
Automatic vehicle washers. These washers are intended to be those where the vehicle is either slowly driven through or pulled through by an automatic-chain mechanism, a vehicle wash in which the vehicle operator does not perform any of the washing functions other than to drive the vehicle where necessary.
(a)
The vehicle washing facility and customary uses or operations associated with the facility shall not be located closer than 500 feet from a residential district and should be separated from a residential district by at least two other nonresidential uses, or meet both requirements, as the case may be.
(b)
Noise.
[1]
All vehicle wash operations shall be so soundproofed, the entire development shall be so arranged and the operations shall be so conducted that the noise emanating therefrom, as measured from any point on adjacent property, shall be no more audible than the noise emanating from the ordinary street traffic and from other commercial or industrial uses measured at the same point on said adjacent property; except that in no event shall it be necessary to reduce the noise from such operations as measured from any point on the adjacent lot in a residential and/or business nonretail district to below 65 decibels, or to below 70 decibels, as measured from any point from adjacent property in a neighborhood and/or light and general industrial districts.
[2]
The comparison between noise emanating from the vehicle wash and from the street and commercial or industrial uses shall be made at the same time of the day. The decibel readings shall be the power averages from several readings.
[3]
All sound-level meter performance, including the definitions and units, shall be in accordance with the American Standards Association standards.
[4]
The Town Board may permit temporary deviations from these requirements in those cases and for such periods of time as it finds that no one will be adversely affected. The reasons for allowing such deviations shall be fully documented as part of the Board's report on the project.
(c)
There shall be provided not less than 10 parking spaces for the entrance to each washing area if there are two bays and seven if there are three or more bays, and five parking spaces at the exit of each washing area. Each space shall meet the minimum requirements for a parking space as required in Article IV. One parking space shall also be provided for each employee on maximum shift.
(d)
Vacuuming facilities may be provided outside but shall meet the setback requirements as listed in Article XXV for the General Business District.
(e)
The only operations conducted on the property shall be the washing of vehicles and vacuuming of interiors of vehicles.
(g)
Any lighting shall be directed away from adjacent properties.
(h)
All off-street parking areas shall be paved.
(i)
All washing operations shall be conducted within enclosed structures which shall be exteriorly designed to be in keeping with the exterior facades of adjacent land uses.
(k)
All requirements listed above shall apply to automatic vehicle washes that are operated in conjunction with and/or are accessory to gasoline service stations, except that the parking spaces required at the entrance to and exit from such washing bay may be reduced to three and two spaces, respectively.
C.
Funeral homes.
(2)
All parts of the operation, exclusive of parking, shall take place within an entirely enclosed building.
(3)
There shall be either screen plantings or an opaque-type fence consistent with the character of the surrounding area, or both, to act as a visual buffer along the boundaries between this and other uses.
(4)
The site shall contain enough area to permit the loading and formation of funeral processions on-site.
(5)
The site shall have access to either a collector or arterial road, as listed in the Town Comprehensive Plan, and, further, shall not use any minor residential neighborhood street or subdivision street as any part of a funeral procession route unless it can be demonstrated that such is absolutely necessary in order to reach a cemetery or similar facility.
D.
Truck terminals.
(1)
the site shall be either a ten-acre minimum or have a land-area-to-roofed-area ratio of at least 10 to 1 (10 square feet to one square foot), whichever is greater, and shall contain enough area to meet all of the following conditions which contain dimensional requirements.
(2)
No part of the proposed operation or future operation area shall be closer than 300 feet to the boundary of any R, MR, PUD, BN-R or NB District.
(3)
Use shall not derive access to and from principal arterials, other principal arterials, minor arterials or major collector streets, as illustrated on the Thoroughfare Plan, Town of Gates, through what are considered by the Town Board to be principally residential streets by nature or residential neighborhoods.
(4)
All areas used for the operation, maneuvering and storage of tractors, trailers and employee vehicles, plus interior project roads, shall be paved to specifications of the Town of Gates.
(5)
The apron area and the area used for maneuvering of trucks for purposes of loading and unloading between the dock area and the nearest obstruction shall be at least 2 1/2 times the length of the longest tractor-trailer combination that will use or may use the site.
(6)
Truck parking area shall provide at least three spaces per dock in loading-unloading areas, plus at least one additional space, each, per such area where piggyback or double bottom hauling methods are used. All trucks and trailers shall be stored neatly. Spaces should be at least 14 feet wide by 60 feet long.
(7)
All storage of oil, tires, etc., shall be in an enclosed building. Dumpsters shall be screened from view by an opaque fence.
(8)
A buffer area as required in § 190-34B shall be required. This shall be within the required 100 feet. (The remaining portion of the setback area shall be graded and seeded with suitable material to prevent erosion.) In addition to natural plantings, an opaque fence consistent with § 190-33B shall be included in the buffer area closest to the terminal. Any additional screening for tractor and/or trailer storage or parking areas and employee parking areas may be required by the Town Board, where it is deemed necessary.
(9)
Any outdoor lighting should not cause glare or a nuisance to adjoining uses.
(10)
No portion of any vehicle shall extend beyond the property line.
(11)
Any truck maintenance or minor repairs shall take place entirely in an enclosed building.
E.
Nursing care homes.
(1)
Nursing care homes must be approved by the Genesee Region Health Planning Council and the New York State Health Department, or other successors. Approval shall pertain to the actual need for the facility in the general area in which it is proposed as well as approval regarding design, floor area per person, services, etc. Where such items are hereafter listed the appropriate regional or state agency's rules shall apply.
(2)
Exterior construction shall be in harmony with the prevailing style of architecture in the immediate area.
(3)
Any exterior lighting shall be directed away from adjacent properties so as not to cause glare or general nuisance.
(4)
The site should be designed to offer privacy to the residents thereof and convenience to shopping and other facilities.
(5)
There shall be at least 120 square feet of private room area per person and 100 square feet of private room area per person for rooms designed for two persons.
(6)
Any building converted to a nursing home or a new building constructed for such purposes shall be a completely detached structure, no part of which is used for a purpose not directly associated with the main use.
(7)
Fire Department approval shall be obtained as necessary regarding fire walls, fire escapes and/or exits, etc.
(9)
The use shall meet all other dimensional requirements specified for uses in the zone where this use is either permitted or conditionally permitted, except that the structure shall not exceed one story in height or 20 feet.
F.
Junkyards.
(1)
No proposed or future area or process of the operation shall be closer than 500 feet to any other district boundary. Within the GI District, no part of the proposed or future operation shall be closer than 100 feet to a neighboring use.
(2)
Where adjacent to another district, there shall be a one-hundred-foot buffer area which, in addition to natural plantings, shall contain an eight-foot-high opaque fence. Such fence shall be located in that portion of the buffer area closest to the junkyard operation. The buffer area as a whole shall be located in the last 100 feet of the five-hundred-foot setback area mentioned in Subsection F(1) above. The remainder of the setback area shall be graded and seeded with suitable material to prevent erosion. Additional bufferage of employee parking areas may be requested by the Town Board, where it is deemed necessary.
(3)
When adjacent to other special permit uses in the GI District, a regular cyclone-type fence may be substituted for the opaque fence. Otherwise such fence shall be opaque and eight feet high.
(4)
No material shall be burned unless it is done so in a completely enclosed incinerator and approved by the Fire and Building Departments. Incineration shall meet applicable air pollution standards established for the general metropolitan area and enforced by the appropriate health agency. The incinerator shall not be closer than 200 feet to an adjacent use in the GI District.
(5)
Surface where material is stored shall be dust resistant.
(6)
Material shall be stored in an orderly manner.
(7)
No part of the storage area should be seen by passing motorists on roads to which the use has direct access or which are bordering the site.
G.
Smoke shops.
(1)
Smoke shops shall not be located within 1,000 feet from any: a) school or school grounds; b) park or playground; c) church/house of worship; d) municipal or governmental agency property; e) residence; f) another smoke shop; or g) business which is primarily focused on providing services/products to children, including, for example, child-care facilities or recreational facilities with a significant youth component. Said distance shall be measured from property line to property line.
(2)
Smoke shops shall only operate between the hours of 8:00 a.m. to 8:00 p.m.
(3)
Smoke shops shall not allow anyone under the age of 21, not accompanied by their parent or legal guardian, to enter or remain within any smoke shop.
(4)
Smoke shops shall post clear signage stating that individuals under the age of 21 may not enter the premises unless accompanied by a parent or legal guardian. One such sign, measuring approximately 144 square inches, shall be placed in a conspicuous location near each public entrance to the smoke shop. It shall be unlawful for a smoke shop to fail to display and maintain, or fail to cause to be displayed or maintained, said signage.
(5)
Attention-getting devices, including, but not limited to, neon signs, LED signs, flashing lights, flags, and banners shall be prohibited outside the structure, or visible through a window or door, of the smoke shop. No internal exterior facing advertising of any kind is permitted other than name, address, or those identifications of the premise required for emergency services.
(6)
No outdoor storage, display, or sales shall be permitted.
(7)
Outdoor lighting shall not cause glare or a nuisance to adjoining uses.
(9)
Illegal sales on the premises shall be cause for immediate revocation of a smoke shop's conditional use permit.
§ 190-202 Existing smoke shops.
[Added 8-5-2024 by L.L. No. 4-2024[1]]
Permit renewals: The provisions of Article XI of Chapter 190 of the Town of Gates Code shall not apply to smoke shop establishments in existence in either the Neighborhood Business (NB) or General Business (GB) zones at the time of the adoption of this local law. All such smoke shop establishments in existence at the time of the adoption of this local law shall, within 60 days following notice to them of the adoption of this local law, apply for a conditional use permit to continue such use, which use and permit shall be subject to the provisions and conditions of § 190-201G herein. Failure to make such application within such sixty-day period shall be reason to revoke any existing conditional use permit.
§ 190-202.1 Renewal of existing conditional use permit.
[Added 1-21-1991 by L.L. No. 2-1991]
A.
In situations where an existing conditional use permit is the subject of an application for renewal, the Town Board may, in its discretion, determine that the best interests of the Town are served by waiver of a formal public hearing on the renewal and may submit such applications to the Director of Public Works for his report and recommendation on the application.
B.
All applications for renewal of existing conditional use permits originally granted by the Town Board may be submitted by the Town Board to the Director of Public Works for his review, report and recommendation.
C.
The Director of Public Works shall review such application and make a report, including his comments on any proposed changes in the renewal application as compared with the conditions and any other relevant items regarding the operation in general. The report shall also contain the Director's recommendation on whether a formal public hearing should be held and whether or not the Town Board should grant the renewal.
D.
The Town Board, upon receipt of the report and recommendation of the Director of Public Works, may waive the public hearing requirement and issue a conditional use permit for a renewal if the Board finds that there is no material change in the application or operation and that the applicant has been in compliance with existing conditions since the granting of the original conditional use permit.