Geddes City Zoning Code
ARTICLE V
Special Permit and Site Plan Review
§ 240-25 Special permit review.
A.
General powers. The Board of Appeals as created by Article IX of this chapter may authorize the issuance of a special permit for those uses requiring a special permit pursuant to each zoning district's regulations.
B.
General findings. As a prerequisite to the approval of any special permit application, the Board of Appeals shall make the following general findings:
(1)
The proposed use is in compliance with all other applicable regulations of this chapter, inclusive of specific zoning district controls and controls applicable to all zoning districts, and all other applicable local, state and federal regulations.
(2)
The proposed use will not have an adverse impact upon the character or integrity of any land use within the immediate neighborhood having a unique cultural, historical, geographical, architectural or other special characteristic.
(3)
The proposed use is to be developed in such a way as to ensure maximum amenities available to the site based upon a consideration of the site plan and functional requirements of the proposed use.
(4)
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 proximity to the subject site.
(5)
The proposed use will be provided with adequate supporting services such as fire and police protection, public and private utilities and all other supporting governmental services necessary and appropriate to the proposed use.
(6)
Controls for vehicular and pedestrian movement are to be designed to provide for the safety of the general public and the occupants, employees, attendants and other persons for whose benefit the use is intended.
(a)
In determining whether the proposed controls for vehicular and pedestrian movement are adequate, consideration shall be given to, but need not be limited to, the following characteristics:
[1]
Location and adequacy of parking and loading facilities.
[2]
Pedestrian rights-of-way.
[3]
Traffic regulatory devices.
[4]
Location, number and design of points of ingress and egress.
[5]
Accessibility by emergency vehicles with particular emphasis on access to structures and provision for turning and free movement.
[6]
Provision for snow storage.
[7]
Age and mobility of all persons for whose benefit the use is intended.
[8]
Speed limits upon and the general character of public streets in proximity.
(7)
The proposed use shall not generate any adverse environmental impact upon surrounding properties, including but not limited to the emission of dust, noise, vibration, heat, glare, odor or electronic interference. In addition, drainage facilities on the site should be appropriate for the proposed development and be properly integrated into off-site drainage systems.
C.
Criteria. In making a determination concerning compliance with any one or more of the general findings set forth in Subsection B above, consideration shall be given, but need not be limited to, the following elements:
(1)
Geometric characteristics of all structures and related improvements.
(2)
Aesthetic characteristics, including design, texture, materials, colors and illumination.
(3)
Physical attributes of the site, including size, shape, elevation, topography and natural vegetation.
(4)
The nature and intensity of development in proximity to the special permit property.
D.
Special conditions. In addition to the general findings prescribed for all special permits, the individual uses hereinafter enumerated shall be subject to the following conditions:
(1)
Home occupation.
(a)
Intent. The home occupation regulations in this chapter are intended to permit residents living in a single-family dwelling to conduct limited service activities within their dwelling with the clear understanding that the primary usage of the dwelling shall continue to be residential and that the home occupation shall be a totally subordinate activity. This chapter intends, by establishing the following special conditions, to ensure the secondary role of the home occupation through the imposition of all necessary restrictions so that the character, integrity and viability of the surrounding residential neighborhood shall be maintained.
(b)
Number. Only one home occupation shall be allowed within a dwelling unit and only within units that have direct and separate access to the exterior of the structure.
(c)
Location. Such activity shall be confined to the principal structure, and no accessory building, accessory structure, garage or yard shall be used in conjunction therewith, except for required parking spaces.
(d)
The home occupation must be conducted only by the person or persons owning and residing in the dwelling unit and may involve no persons other than those residing on the subject premises.
[Amended 6-11-2002 by L.L. No. 2-2002]
(e)
Floor area. The gross floor area used or occupied in conjunction with the home occupation shall not involve more than 50% of the gross floor area of the first floor of the dwelling unit. The Board of Appeals shall determine what constitutes the first floor and what, if any, common areas are to be excluded from the floor area calculation. The Board of Appeals may allow use of other floor levels in conjunction with the home occupation, provided that the cumulative floor space so used does not exceed 75% of the first floor and that such additional floor levels are not used as customer areas.
(f)
Exterior evidence. There shall be no exterior display or indication of the home occupation activity visible to the general public, including but not limited to:
[1]
Outdoor sales or display of items for sale.
[2]
Signs, except for one nonilluminated professional identification sign no greater than four square feet in size. The actual size, design and placement of the sign shall be approved by the Board of Appeals upon consideration of such factors as the size of the dwelling unit and its setback from the street, the amount of adjacent vehicular traffic and the character of the neighborhood.
[3]
On-site parking of commercial vehicles advertising the home occupation, unless housed in a garage.
[4]
Any variation in the residential character of the property, such as but not limited to the construction of a separate entrance, other exterior structural alteration or the addition of paved or unpaved areas to accommodate parking for the home occupation, except as otherwise provided herein.
[5]
The outdoor storage of any materials or goods associated with the home occupation.
[6]
The storage or parking of construction equipment or vehicles, machinery or building materials.
(g)
Nuisances. The home occupation shall not create any hazards to neighboring persons or property and shall not cause any electronic interference, excessive noise, vibration, smoke, dust, odors, heat or glare on surrounding properties.
(h)
Off-street parking. No change to the existing driveway and/or parking area is permitted except by Town Board approval. In addition, the following requirements shall be met by any home occupation:
[1]
One off-street parking space shall be provided for each resident employee of the home occupation.
[2]
One off-street parking space shall be provided for each nonresident employee of the home occupation.
[3]
At least one off-street parking space shall be required for customer parking for any home occupation. In addition, the Board of Appeals may require up to one off-street parking space for each 200 square feet of gross floor area used in the home occupation.
(i)
Prohibited uses. Prohibited uses shall be as follows:
[1]
On-premises sale of merchandise, stock-in-trade or display of items for sale, other than incidental supplies necessary for and consumed in the conduct of such home occupation, unless conducted in a bed-and-breakfast facility within an area not exceeding 350 square feet and located on the first floor of said facility.
[Amended 6-11-2002 by L.L. No. 2-2002; 4-12-2005 by L.L. No. 3-2005]
[2]
Instruction in music, dance, fine arts or crafts for more than two students within any common period of time.
[3]
Restaurants and taverns.
[4]
Product/component manufacture or fabrication.
[5]
Motor vehicle repair or dismantling.
[6]
Small engine repair.
[7]
Large appliance repair.
[8]
Kennels, veterinary clinics or animal hospitals and maintaining nondomestic animals out-of-doors.
[9]
Mortuaries or undertaking establishments.
[10]
Nursing or convalescent homes.
[11]
Rooming or boarding houses.
[12]
Storage or display of materials, goods, supplies or equipment related to the operation of a home occupation so that it is visible from outside any structure located on the premises.
[Added 6-11-2002 by L.L. No. 2-2002]
(j)
Additional conditions. The Board of Appeals may impose additional restrictions as needed to protect the health and safety of the community and to protect the residential character of the surrounding neighborhood.
(k)
The Code Enforcement Officer shall be required to conduct a biannual inspection of the premises upon which the home occupation is conducted in order to assure compliance with this subsection, the special permit, as granted, and all other rules, laws and regulations, including but not limited to the New York State Uniform Fire Prevention and Building Code.
[Added 6-11-2002 by L.L. No. 2-2002]
(l)
Any home occupation use which was legally established as of May 1, 2002, which is rendered nonconforming by the enactment of this local law,[1] shall be grandfathered as a prior nonconforming use except with respect to the storage or display of materials, goods, supplies or equipment in violation of § 240-25D(1)(i)[12].
[Added 6-11-2002 by L.L. No. 2-2002]
[1]
Editor's Note: "This local law" refers to L.L. No. 2-2002, adopted 6-11-2002.
(2)
Gasoline station.
(a)
Site standards. Site standards shall be as follows:
[1]
Minimum lot area: 17,500 square feet.
[2]
Minimum lot frontage: 100 feet.
[3]
Maximum lot coverage: 40%. Lot coverage for a gasoline station shall be the aggregate percentage of the lot area covered by buildings or structures, including the principal building, canopies and pump islands, but not including light poles, sign standards or fences.
[4]
A gasoline station lot shall not be located within 300 feet of any lot occupied by a school, hospital, library or religious use. Measurement shall be made between the nearest respective lot lines.
[5]
Pump islands shall be set back at least 25 feet from the street line as measured to the curb of said island, although the Board of Appeals may require a greater setback based on lot size, public safety considerations and traffic flow requirements.
[6]
Buffer.
[a]
A ten-foot-wide landscaped area shall be provided along all gasoline station property lines, excluding points of ingress and egress. The landscaped area shall be planted with a mixture of shrubs, trees and fencing not less than six feet high which will create an opaque screen along the rear property line and all side lines which do not front on public streets.
[b]
All landscaped areas along property lines which are crossed by access drives may be planted with low shrubs no greater than three feet high and trees with a branching habit not less than eight feet high. Furthermore, no planting shall cause a hazardous condition by interfering with the normal line of sight (350 feet in either direction) needed for safe entering and exiting maneuvers by motor vehicles.
[c]
Landscaped areas shall be designed to be easily maintained and protected by at least a six-inch nonmountable concrete or granite curbing.
[d]
Landscaping plans shall be prepared by a registered New York State landscape architect except as otherwise authorized by the Board of Appeals. All landscape plans shall be subject to the review of the Board of Appeals.
[7]
Ingress and egress. The ingress and egress points for a gasoline station shall be located a minimum of 40 feet from the intersection of right-of-way lines on a Town road and shall comply with applicable requirements on state, county or village roads, but in no event shall they be less than 40 feet from the intersection of right-of-way lines on said roads.
(b)
Operating and safety standards.
[1]
The Board of Appeals may set reasonable standards regarding operation of a gasoline station, and these standards may include regulation of storage of vehicles, location of storage of rubbish and used parts, location of repair work, employee parking, maintenance of buffer areas and the general condition of the gasoline station itself.
[2]
The Board of Appeals may also set safety standards in addition to those imposed by any applicable building codes in order to ensure the safe design, operation and maintenance of the facility.
(c)
Discontinuance of use.
[1]
In the event that the gasoline station is closed and/or abandoned, the Code Enforcement Officer is hereby empowered and directed to cause a written notice to be sent by registered mail, return receipt requested, to the owner, operator and motor fuel supplier of said facility, enclosing a certified copy of the provisions of this chapter relating to gasoline stations and advising said parties that such station will be deemed abandoned for the purposes of this chapter at the expiration of six months from the date of said notice unless the gasoline station business activity is resumed prior thereto.
[2]
In the event that a gasoline station is determined to be abandoned as provided above, the owner, operator and motor fuel supplier of said gasoline station will be responsible for immediately removing the tanks, gasoline pumps, all identification signs and lighting poles and for painting the exterior, if other than brick, a neutral color. In lieu of removing the tanks, said responsible parties shall remove the Class I liquids therefrom and fill all tanks with water for a three-month period only and, thereafter, with a solid material. They shall also provide adequate protection against unlawful entry into the buildings and on the property and shall close all vehicular entrances to the property to prevent storage of abandoned vehicles thereon.
[3]
After the determination of abandonment of a gasoline station as provided herein, said owner and/or lessee shall have an additional six-month period, or a total period of one year from the date of the original written notice, within which to petition for an alternate commercial use. If the owner and/or lessee has not petitioned for said alternate commercial use within the prescribed one-year period to obtain a zoning change or permit for some other commercial use, then the Town Board may require the owner and/or lessee to remove all buildings and structures from the site and to level, grade, landscape, seed and maintain the subject property at the owner's and/or lessee's expense.
[4]
In the event of failure to comply with any of the aforementioned within 30 days after the issuance of a written direction to do so by the Code Enforcement Officer, the Town may take such steps as are deemed necessary to enforce these conditions, and any actual and necessary expenses incurred therewith shall be the responsibility and obligation of the owner.
[5]
The Code Enforcement Officer shall be empowered, after a public hearing upon at least five days' public notice, to extend any of the above-noted time limits for a period not to exceed three months for an abandoned station.
(d)
Lighting.
[1]
Illumination. In no event shall a lighting device be placed or directed in a fashion that would permit the beams and illumination therefrom to be directed or beamed upon a public street, highway, sidewalk or upon adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or nuisance.
[2]
Setback. The location of all lighting devices shall be approved by the Code Enforcement Officer so as not to cause a hazard to on-site and off-site vehicular and pedestrian traffic circulation.
(e)
Revision of special permit for a gasoline station. Any change in the site plan, in the number of pumps, in the method of operation (change from full-service to partial or complete self-service and in the accessory uses at the gasoline station) or any other substantial modification of the gasoline station shall require modification of the original special permit by the Board of Appeals. For gasoline stations existing at the effective date of this chapter and conforming to the requirements of this chapter, any substantial modification of the station shall require the issuance of a special permit by the Board of Appeals. The Code Enforcement Officer shall determine whether any modification of the gasoline station is substantial enough to require the issuance of a special permit. Gasoline stations existing at the effective date of this chapter and not conforming to the requirements of this chapter shall be considered nonconforming elements as described in Article IV of this chapter.
(3)
Drive-in service facility.
(a)
There shall be provided sufficient space for the on-premises stacking of at least five vehicles or for five vehicles waiting for service at each drive-in service window or unit.
(b)
The property on which the drive-in facility is located must have a minimum frontage of at least 100 feet for each street it fronts upon.
(c)
A landscaped area eight feet in width measured inward from the lot line shall be maintained, exclusive of driveways, on all sides of the property except where required to be wider by transition requirements. (See Article VIII.) Treatment shall be of grass, ornamental stone or evergreens maintained below 2 1/2 feet in height, except where required to be higher by transition requirements, and surrounded by curbing (wood, stone or concrete) four to six inches in height.
(4)
Motor vehicle service and repair. The following requirements are in addition to all applicable requirements of the New York State Uniform Fire Prevention and Building Code:
(a)
Minimum lot area: 17,500 square feet.
(b)
Minimum lot frontage: 125 feet along a public right-of-way providing primary access.
(c)
No site shall be within 300 feet of any lot occupied by a school, hospital, library or religious use. Measurement shall be made between the nearest respective lot lines.
(d)
Entrance or exit driveways shall be located at least 20 feet from any side or rear lot lines and at least 35 feet from any intersecting street right-of-way lines. Such driveways shall be laid out so as to avoid the necessity of any vehicle backing across any public street right-of-way.
(e)
No building or accessory structure, except a fence, shall be closer than 35 feet to any boundary line of a residential district or property used for residential purposes.
(f)
All repair or servicing of vehicles must be performed indoors.
(g)
No unlicensed or dismantled motor vehicles or auto parts may be stored outdoors.
(h)
No vehicle shall be parked or stored outdoors for the purpose of sale or offering for sale of such vehicle.
(5)
Motor vehicle sales.
(a)
All sales, rental or leasing activities shall be maintained within an enclosed building.
(b)
The outdoor display of vehicles for sale, rent or lease shall be in an orderly manner in conformance with a plan submitted to the Board of Appeals. Adequate aisle space to move vehicles shall be maintained, and no vehicle shall be parked closer than five feet to any lot line or closer than 15 feet to any boundary line of a residential district or property used for residential purposes. The Board of Appeals may require that all or part of this fifteen-foot area be landscaped (see Article VIII, § 240-41, Transition requirements for adjacent residential-commercial lots, for additional requirements.)
(c)
In no event shall a lighting device be placed or directed in a fashion that would permit the beams and illumination therefrom to be directed or beamed upon a public street, highway, sidewalk or upon adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or nuisance. In addition, the location of all lighting devices shall be approved by the Board of Appeals so that they do not cause a hazard to on-site and off-site vehicular and pedestrian traffic circulation.
(d)
No dismantled motor vehicles or auto parts may be stored outdoors.
(e)
Parking areas for customer parking shall be maintained free of sale, rental or lease vehicles, and the customer parking areas may be required to be paved, curbed or otherwise delineated by the Board of Appeals. At least five off-street customer parking spaces shall be provided. (See Article VI for additional parking requirements.) The Board of Appeals may increase or decrease this requirement based on the size of the sales lot, number of employees on the premises at any one time and the use of displayed vehicles by employees for their own personal transportation.
(6)
Group residence.
(a)
All group residences shall comply with the licensing standards of the State of New York.
(b)
The Board of Appeals shall ensure that group residences are properly dispersed throughout the community and not clustered in any one neighborhood. As a general rule, group residences should not be any closer than three blocks, as measured along block faces, to each other in developed areas or within 1,000 feet of each other in less developed areas. The Board of Appeals may waive these general rules to permit closer spacing if physical barriers exist which restrict the accessibility between group residences or if the size of blocks is so great as to require revision of the rule or if the Board finds that the affected group residences' populations are so small as to not require this spacing.
(c)
The Board shall require off-street parking spaces as described in Article VI, but the requirements for group residence homes with more than six residents may be decreased based on the age of the residents, the residents' ability to drive or own cars and the availability of public transportation.
(d)
The Board shall ensure that the outward appearance of the group residence is not altered in any way that will negatively impact upon the neighboring residential properties.
E.
Expiration of a special permit. A special permit shall expire if the special use ceases for more than 90 days for any reason. The Code Enforcement Officer shall send a notice to the property owner when the special permit use is deemed to have ceased and again at the end of 90 days when the permit is formally revoked.
F.
Modification to a special permit use or structure.
(1)
Any change or modification to a use or structure requiring special permit approval shall require Board of Appeals review except for the following:
(a)
Removal or repair of a dangerous condition to a principal or accessory structure when it is determined by an enforcement agency that circumstances exist which, if not corrected, will constitute a threat to the life, health or safety of the general public or such other persons for whose protection such regulations are intended. Such a determination may be verbal or in writing. The term "enforcement agency" shall refer to any public agency or official having jurisdiction to issue orders affecting the life, health and safety of persons within the Town of Geddes.
(b)
Routine repair, replacement or maintenance of electrical or mechanical installations or of damaged or worn parts or surfaces, including repainting, facade repair and roof replacement of principal and accessory structures.
(c)
Changes in ownership or management of an establishment which do not change the specific use of the property.
(d)
Repaving or painting of driveway and parking areas without altering the approved traffic pattern.
(e)
Routine landscaping and plant replacement or establishment of new landscaped areas without altering the approved vehicular circulation and parking pattern or pedestrian circulation pattern, consistent with any applicable controls in the approved plan concerning height, location and visibility.
(f)
Repair or replacement, with no substantial change, of existing screening devices.
(2)
If the Board of Appeals determines that a proposed change or modification to a use requiring a special permit is substantial, the Board shall hold a public hearing as if for a new special permit. A change or modification shall be deemed substantial if the proposal:
(a)
Significantly changes the use, design, character or the nature of the development of the property in question;
(b)
Is detrimental to the appropriate development or use of adjacent lands and buildings; or
(c)
Is detrimental to the orderly flow of vehicular and pedestrian traffic on site and/or off site.
§ 240-26 Site plan review.
A.
Conditions.
(1)
In approving any request for a site plan, the determination may be modified or conditioned in the following ways: the imposition of provisions for financial security to guarantee performance; time limitations on the duration of any activity associated with the use; provisions for the termination, conversion or recertification of the use; and other conditions deemed reasonable under the circumstances of each situation.
(2)
Should the Town Board impose any conditions upon the approval of any such site plan, no building permit shall be issued purporting to authorize construction at variance with any such conditions, and no certificate of occupancy shall be issued unless and until such conditions have been fully met or performed. All improvements to the site shall be completed in strict conformance with the site plan as approved.
B.
Decisions. All decisions of the Town Board shall be by a resolution approving, approving with modifications or disapproving such site plan as has been submitted. The facts supporting the Town Board's determination and its reasons for approval or disapproval shall be set forth in its resolution. The Town Board's resolution shall be filed with the Town Clerk, and one copy shall be mailed to the applicant; the Code Enforcement Officer shall also be notified of the Town Board's decision. All site plans shall be reviewed in accordance with § 274-a of the Town Law.[1]
C.
General findings. As a prerequisite to the approval of any site plan, the Town Board shall make the following general findings:
(1)
The proposed use is in compliance with all other applicable regulations of this chapter, inclusive of specific district controls and controls applicable to all districts, and all other applicable local, state and federal regulations.
(2)
The proposed use will not have an adverse impact upon the character or integrity of any land use within the immediate neighborhood having unique cultural, historical, geographical, architectural or other special characteristics.
(3)
The proposed use is to be developed in such a way as to ensure maximum amenities available to the site based upon a consideration of the site plan and functional requirements of the proposed use.
(4)
The proposed use is physically and visually compatible with and will not impede the development or redevelopment of the general neighborhood or adversely affect the existing land use in proximity to the subject site.
(5)
The proposed use will be provided with adequate supporting services such as fire and police protection, public and private utilities and all other supporting governmental services necessary and appropriate to the proposed use.
(6)
Controls for vehicular and pedestrian movement are designed to provide for the safety of the general public and the occupants, employees, attendants and other persons for whose benefit the use is intended.
(a)
In making this determination, consideration shall be given to but need not be limited to the following characteristics:
[1]
Location and adequacy of parking and loading facilities.
[2]
Pedestrian rights-of-way.
[3]
Traffic regulatory devices.
[4]
Location, number and design of points of ingress and egress.
[5]
Accessibility by emergency vehicles, with particular emphasis on access to structures, and provision for turning and free movement.
[6]
Provision for snow storage.
[7]
Age and mobility of all persons for whose benefit the use is intended.
[8]
Speed limits upon and general character of public streets in proximity.
(b)
Compliance with the off-street parking requirements found in this chapter shall not constitute a determination that the foregoing requirements have been satisfied.
(7)
The proposed use will not generate any adverse environmental impact upon the surrounding properties, including but not limited to the emission of dust, noise, vibration, heat, glare, odor or electronic interference. In addition, drainage facilities on the site should be appropriate for the proposed use and properly integrated into off-site drainage systems.
D.
Criteria. In making a determination of compliance with any one or more of the above general findings set forth in Subsection C above, consideration shall be given but need not be limited to the following elements:
(1)
Geometric characteristics of all structures and related improvements.
(2)
Aesthetic characteristics, including design, texture, materials, colors and illumination.
(3)
Physical attributes of the site, including size, shape, elevation, topography and natural vegetation.
(4)
The nature and intensity of development in general proximity to the site.
E.
Time limit on site plan review. Approval of a site plan review by the Town Board shall be valid for a period of 180 days from the date of approval for the purpose of obtaining a building permit. Failure to secure a building permit during this period shall cause the site plan approval to become null and void. Upon application, the Town Board may extend the period of approval for an additional 180 days from the date of original approval; only one such extension shall be granted for any site plan.
F.
Modification to a site plan use or structure. Any modification or change to a use or structure originally requiring a site plan review shall require another Town Board review, except for the following:
(1)
Removal or repair of a dangerous condition in a principal or accessory structure when it is determined by an enforcement agency that circumstances exist which, if not corrected, will constitute a threat to the life, health or safety of the general public or such other persons for whose protection such regulations are intended. Such a determination may be verbal or in writing. The term "enforcement agency" shall refer to any public agency or official having jurisdiction to issue orders affecting the life, health and safety of persons within the Town of Geddes.
(2)
Routine repair, replacement or maintenance of electrical or mechanical installations or of damaged or worn parts or surfaces, including repainting, facade repair and roof replacement of principal and accessory structures.
(3)
Changes in ownership or management of an establishment which do not change the specific use of the property.
(4)
Repaving or painting of driveway and parking areas without altering the approved traffic pattern.
(5)
Routine landscaping and plant replacement or establishment of new landscaped areas without altering the approved vehicular circulation and parking pattern or pedestrian circulation pattern, consistent with any applicable controls in the approved plan concerning height, location and visibility.
(6)
Repair or replacement of existing screening devices in accordance with the approved site plan.
§ 240-26.1 Stormwater pollution prevention plan.
[Added 12-11-2007 by L.L. No. 6-2007]
A stormwater pollution prevention plan consistent with the requirements of Chapter 183 of the Code of the Town of Geddes shall be required for site plan and special permit approvals. The SWPPP shall meet the performance and design criteria and standards in Chapter 183 of the Code of the Town of Geddes. The approved site plan and special permit shall be consistent with the provisions of Chapter 183 of the Code of the Town of Geddes.