Highland Town City Zoning Code
ARTICLE VIII
Special Uses and Site Plan Approvals
§ 190-73 Special permitted uses and site plan approval.
A.
General provisions. In every case where a special use permit is required the Planning Board shall issue such permit only after:
(1)
A determination by the Planning Board is made regarding a public hearing, and if necessary, one is held. A public hearing may be dispensed with where adequate proof is submitted that the intended use is consistent with all the standards detailed. If a public hearing is held, it must be within 62 days after an application is made, on five days' public notice. The Planning Board must render its decision within 62 days after the public hearing or 62 days after filing if no public hearing is held. In the event of a denial, the applicant and Zoning Board of Appeals shall receive written notice of said denial and of the supporting reasons.
(2)
All State Environmental Quality Review Act (SEQR) requirements have been fulfilled.
B.
Required plan. Application for a special use permit shall be accompanied by seven sets of preliminary plans and/or other descriptive matter to clearly portray intentions of the owner. These documents shall become a part of the record. Such plans shall show location of all buildings, parking, traffic access and circulation drives, open spaces, landscaping, exterior lighting, all existing structures and uses within 200 feet of the site boundaries, and any other information necessary to determine if the proposed special use meets the requirements of this chapter.
C.
Expiration. Unless construction is commenced and diligently pursued within 12 months of the date granting a special use permit, such permit shall be expired and become null and void.
D.
Standards applicable to all special permitted uses. All special permitted uses require site plan review and a public hearing; however, the public hearing may be waived at the option of the Planning Board if all the following standards and conditions have been satisfied:
(1)
Location, use and size of structure, nature and intensity of operations involved, size of site in relation to it, and location of site with respect to existing or future street giving access, are such that it will be in harmony with orderly development of the district.
(2)
Location, nature and height of buildings, walls, fences and signs shall not discourage the appropriate development and use of adjacent land and buildings or impair their value.
(3)
Operation of any special use shall not be more objectionable to nearby properties by reason of noise, fumes, vibration, or lighting than would be the operation of any permitted use.
(4)
Necessary provisions have been made to assure that all surface runoff to adjacent properties does not exceed levels in existence prior to construction.
(5)
Solar access of adjacent properties is not obstructed by said use.
(6)
In addition, when making a determination concerning a special use within a floodplain area, the Planning Board shall consider the following factors:[1]
(a)
The danger to life and property due to increased flood velocities caused by encroachments.
(b)
The danger that materials may be swept onto other lands to the injury of others.
(c)
The susceptibility of the proposed facility and its contents to flood damages and the effect of the damages on the individual owners.
(d)
The importance of the services provided by the proposed facility to the community.
(e)
The availability of alternative locations, not subject to flooding damages, for the proposed use.
(f)
The compatibility of the proposed use with existing and anticipated development.
(g)
The safety of access to the property in times of flood for ordinary and emergency vehicles.
(h)
The expected height, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site.
(i)
The cost of providing governmental services during and after the flood conditions, including maintenance and repair of public utilities and facilities such as sewer, electric and water systems, and streets and bridges.
(j)
If said conditions and structures are not met, a public hearing shall be undertaken in accordance with site plan review procedures.
(k)
No special use permit shall be issued for a use on a property where there is an existing violation after enactment of this chapter.
[1]
Editor's Note: See also Ch. 70, Flood Damage Prevention.
E.
Site plan review and approval.
(1)
All principal uses except single-family homes shall require site plan approval before the issuance of a permit, and no building development or site work of any sort shall be conducted prior to or shall be carried out except in conformity with such approval and its conditions.
(2)
The Planning Board, at a public meeting, shall, pursuant to Town Law § 274-a(1)(a) review and approve, or approve with conditions, or disapprove site plans before a building permit is issued.
(3)
Submission of site plan and supporting data. The owner shall submit an acceptable site plan (to be rendered by a professional architect, licensed engineer or licensed surveyor) and supporting date to the Planning Board a minimum of 10 days prior to the monthly meeting. (On existing buildings or additions, the Planning Board may waive the need for an architect, professional engineer or licensed land surveyor and any supporting data that they deem not necessary to a particular application.)
(4)
The following information presented in drawn form and accompanied by written text shall be included:
(a)
Survey of property showing existing features, including contours, large trees, watercourses, significant natural and man-made features, buildings, structures, streets, utility easements, rights-of-way, land use, and property ownership.
(b)
Site plan, drawn to scale, showing proposed lots; blocks; building locations; utility, access and other easements; streets; rights-of-way; and land use areas.
(c)
Traffic circulation, parking and loading spaces and other pedestrian walks.
(d)
Landscaping plans, including site grading, landscaping design, open space and parks.
(e)
Preliminary architectural drawings for buildings to be constructed, including floor plans, exterior elevations and sections.
(f)
Preliminary engineering plans, including street improvements, storm drainage, water supply and sanitary sewer facilities.
(g)
Engineering feasibility study of any anticipated problem which might arise due to proposed development as may be required by the Planning Board.
(h)
Construction sequence and time schedule for completion of each phase for buildings, parking and landscaped areas.
(i)
Description of proposed uses, including hours of operation, and expected number of employees, volumes of business and volumes of traffic generated.
(j)
New projects may be signed off by emergency services, fire officials and the constables, at the Planning Board's sole discretion.
F.
Approval or denial.
(1)
The Planning Board shall review the site plan and supporting data before approval, approval with stated conditions, or denial is given, having taken into consideration the following:
(a)
Harmonious relationship between proposed uses and existing adjacent uses.
(b)
Maximum safety of vehicular circulation between the site and street.
(c)
Traffic circulation, parking and loading spaces and other pedestrian walks.
(d)
Landscaping plans, including site grading, landscaping design, open space and parks.
(e)
Preliminary architectural drawings for buildings to be constructed, including floor plans, exterior elevations and sections.
(f)
Preliminary engineering plans, including street improvements, storm drainage, water supply and sanitary sewer facilities.
(g)
Engineering feasibility study of any anticipated problem which might arise due to proposed development as may be required by the Planning Board.
(h)
Construction sequence and time schedule for completion of each phase for buildings, parking and landscaped areas.
(i)
Description of proposed uses, including hours of operation, and expected number of employees, volume of business and volume of traffic generated.
(j)
New projects may be signed off by emergency services, fire officials and the constables, at the Planning Board's sole discretion.
(k)
Adequacy of vehicular circulation as it impacts fire truck and emergency vehicle access.
(l)
Adequacy of landscaping and setbacks to achieve compatibility with, and protection of, adjacent uses.
(m)
Factors deemed necessary by the Planning Board for the health, safety and welfare of the public.
(2)
The Planning Board may require changes or additions in relation to yards, driveways, and landscaping, to ensure safety, to minimize traffic difficulties, and to safeguard adjacent properties. Should other changes or additional facilities be required by the Board, final approval of site plan shall be conditional upon satisfactory compliance with those changes or additions by the owner.
(3)
Any owner wishing to make changes in an approved site plan shall submit a revised site plan to the Planning Board for review and approval.
(4)
Final determination shall be rendered within 62 days of said public hearing.
G.
Effect of site development plan approval. No building permit shall be issued for any building or structure covered by this section until an approved site development plan or approved amendment of any such plan has been secured by the applicant from the Planning Board and presented to the Code Enforcement Officer.
(1)
No certificate of occupancy shall be issued for any building or structure or use of land covered by this section unless the building or structure is completed or the land is developed or used in accordance with an approved site development plan or approved amendment of any such plan.
(2)
The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to a proposed site plan. Upon its approval of said site plan, any such conditions must be met in connection with the issuance of permits by the Code Enforcement Officer of the Town. Such conditions must be attached to the certificate of occupancy as maintained in the records of the office of the Code Enforcement Officer.
H.
Presubmission conference. Prior to the submission of a site development plan, the applicant shall meet in person with the Planning Board; the purpose of such conference shall be to discuss proposed uses or development in order to determine which of the site development plan elements listed herein as required shall be submitted to the Planning Board in order for said Board to determine conformity with the provisions and intent of this chapter.
(1)
Within six months following the pre-submission conference, the site development plan and any related information shall be submitted by applicant to the Code Enforcement Officer in triplicate at least 16 days prior to the Planning Board meeting at which approval is requested. If applicant does not submit same to the Code Enforcement Officer within this six-month period, another pre-submission conference shall be required.
(2)
The Code Enforcement Officer shall certify on each site development plan or amendment whether or not the plan meets the requirements of all provisions, other than those of this section regarding site development plan approval.
(3)
The Code Enforcement Officer shall retain one copy and transmit two copies of the certified site development plan to the Chairman of the Planning Board at least seven days prior to the Planning Board meeting at which approval is requested.
(4)
The Planning Board shall act to approve, approve with conditions, disapprove or schedule a site plan hearing within 62 days of submission of a completed application. Failure to act within 62 days after the meeting at which approval is requested shall be deemed as approval. Planning Board disapproval shall include written findings upon any site development plan element found contrary to the provision or intent of this chapter. In reviewing the application, the Planning Board may secure the advice or assistance of one or more expert consultants as qualified to advise as to whether a proposed use will conform to the requirements of this chapter. Such consultant shall report whether or not the use applied for will be operated in conformance with the performance standards and, if not, what modification in design or operation would be necessary for conformance. A copy of the report by such consultants shall be furnished to the Planning Board, Code Enforcement Officer, and applicant. The cost for all consultants shall be paid by the developer. Such consultants shall report whether or not the use applied for meets the criteria established under site plan approval and, if not, what modification in design or operation would be necessary for conformance.
(5)
Amendment to a site development plan shall be acted upon in the same manner as the approval of the original plan.
I.
Site development plan elements. The applicant shall cause a site development plan to be prepared by a licensed engineer or land surveyor, unless the requirement of such professional preparation is waived by the Planning Board. Site development plan elements shall include those listed below which are appropriate to the proposed development or use as indicated by the Planning Board in the pre-submission conference.
(1)
Legal data.
(a)
Section, block and lot number of the property taken from the latest assessment records.
(b)
Name and address of the owner of record.
(c)
Name and address of person, firm, or organization preparing the map.
(d)
Date, North point, and written and graphic scale.
(e)
Sufficient description or information to define precisely the boundaries of the property. All distances shall be in feet and tenths of a foot. All angles shall be given to the nearest 10 seconds or closer. The error of closure shall not exceed one in 10,000.
(f)
The locations and owners of all adjoining lands as shown on the latest tax records.
(g)
The locations, names, and existing widths of adjacent streets and curblines.
(h)
Location, width, and purpose of all existing and proposed easements, setbacks, reservations, and areas dedicated to public use within or adjoining the property.
(i)
A complete outline of existing deed restrictions or covenants applying to the property.
(j)
Existing zoning.
(2)
Natural features.
(a)
Existing contours with intervals of five feet or less, referred to a datum satisfactory to the Board.
(b)
Approximate boundaries of any areas subject to flooding or stormwater overflows.
(c)
Location of existing watercourses, marshes, wooded areas, rock outcrops, isolated trees with a diameter of eight inches or more measured three feet above the base of the trunk, and other significant existing features.
(3)
Existing structures and utilities.
(a)
Location of uses and outlines of structures drawn to scale on and within 100 feet of the lot line.
(b)
Paved areas, sidewalks, and vehicular access between the site and abutting streets.
(c)
Locations, dimensions, grades and flow direction of existing culverts, water lines as well as other underground and aboveground utilities within and adjacent to the property.
(d)
Other existing development, including fences, landscaping, and screening.
(4)
Proposed development.
(a)
The location of proposed buildings or structural improvements.
(b)
The location and design of all uses not requiring buildings or structures, such as off-street parking and loading areas.
(c)
The location, direction, power and time of use for any proposed outdoor lighting or public address system.
(d)
The location and plans for any outdoor signs.
(e)
The location and arrangement of proposed means of access and egress, including sidewalks, driveways, or other paved areas. Profiles indicating grading and cross-sections showing width of roadway, location and width of sidewalks, and location and size of water and sewer lines.
(f)
Any proposed grading, screening and other landscaping, including types and location of proposed street trees.
(g)
The location of all water lines, valves and hydrants and of all sewer lines or alternative means of water supply and sewage disposal and treatment.
(h)
An outline of any proposed deed restrictions or covenants.
(i)
Any contemplated public improvements on or adjoining the property.
(j)
If the site development plan only indicates a first stage, a supplementary plan shall indicate ultimate development.
(5)
Any other information deemed by the Planning Board necessary to determine conformity of the site plan with the intent and regulations of this chapter.
J.
Limited site plan review. The following requirements shall be provided in order for the Planning Board to conduct a limited site plan review for any small scale solar system that is ineligible for the unified solar permit approval process per § 190-45 of this chapter:
(1)
Unified solar permit application. The applicant shall complete the Town's adopted unified solar permit application.
(2)
Any additional information as deemed necessary by the Town Planning Board or as recommended by the Town Code Enforcement Officer where such information should be necessary and requisite in the interest of public health, safety, or general welfare.
K.
The Planning Board shall be required to conduct a public hearing for all special use permits and may further require a public hearing for any site plan application upon their discretionary determination. Notice of such hearing(s) shall be as follows:
(1)
The Board shall give notice of the hearing at least five days prior to the date thereof by publication in the official Town newspaper. In addition, the applicant shall notify by certified mail at least seven calendar days before the hearing to the following: All owners of property which lie adjacent to that owned by the applicant and all other owners within 500 feet of the applicant's property line in any direction. The names of said owners shall be taken as they appear on the last complete tax roll of the Town.
(2)
The Planning Board shall hold a public hearing within 62 days after receipt of a complete application. Within 62 days after the public hearing, the Board must render a decision. Failure to act within 62 days after the public hearing shall be deemed approval. In reviewing the application, the Planning Board may secure the advice or assistance of one or more lawyers, planners, engineers, or other expert consultants qualified to advise as to whether a proposed use will conform to the requirements of this chapter. The cost for all consultants shall be borne by the applicant. The consultants shall report whether or not the use applied for meets the criteria established under site plan approval and, if not, what modifications in design or operation would be necessary for conformance.
§ 190-74 Adult-use cannabis retail dispensary.
[Added 2-14-2023 by L.L. No. 1-2023]
A.
Purpose. This section regulates the establishment of any adult-use cannabis retail dispensary within the Town of Highland. This section does not include on-site cannabis consumption establishments which are not permitted uses within any Town of Highland zoning district pursuant to Local Law No. 1 of the year 2022, whereas the Town Board chose to opt out of hosting on-site cannabis consumption establishments within its boundaries. Furthermore, this section does not regulate medical cannabis uses pursuant to Article 3 of the NYS Cannabis Law. New York State legalized recreational cannabis in April of 2021, and the Town of Highland is enabled under NYS Municipal Home Rule Law to the following:
(1)
The New York State legalization legislation included the specific authorization for municipalities to reasonably restrict cannabis-related land uses, and the Town Board finds that it is in the best interest of the residents of the Town of Highland to reasonably restrict adult-use cannabis retail dispensaries.
(2)
The intent of this section is to safeguard the health, safety, and welfare of the inhabitants of the Town by regulating the location and operation of adult-use cannabis retail dispensaries within the Town of Highland.
(3)
The Town's intent in enacting this section is intended to address, in a practical way, any secondary effects of adult-use cannabis retail dispensaries on the peace and good order of Town residents.
(4)
Cannabis distribution differs from other legal inhibiting substance distribution due to its illegality on the national level and its strict NYS-regulated limitation on the number of licenses permitted regionally; therefore, the enactment of more stringent land use controls by local municipalities has been granted.
B.
Approvals required.
(1)
All adult-use cannabis retail dispensaries shall be subject to the granting of a special use permit pursuant to Article VIII, § 190-73 of this chapter.
(2)
Impact on neighborhood. In addition to the requirements of this chapter for special use permits, the Planning Board shall consider the potential impact on the neighborhood. The Planning Board shall consider the potential for excessive traffic, noise, light, glare, or other nuisances associated with the retail sale of cannabis products, due to the potential for crowds and long lines.
(3)
In cases where violations of the existing permit and/or of other Town codes are found, a report to the Planning Board shall specifically list each violation, the specific provision of the Town Code or state code that is violated, the recommendation for how to correct the condition, and any other information that the staff feels is appropriate for the Planning Board to consider.
(4)
Any change in ownership of the adult-use cannabis retail dispensary shall require a new special use permit in accordance with this chapter.
C.
Standards. Adult-use cannabis retail dispensaries shall be subject to the following permitting standards:
(1)
Adult-use cannabis retail dispensaries shall be permitted as a special use within the Hamlet-Commercial (H-C) zoning district. Adult-use cannabis retail dispensaries shall be prohibited within other zoning districts, including, but not limited to, the Residential (R-1), Agricultural-Residential (R-2), and Washington Lake Resort District (WLRD).
(2)
Adult-use cannabis retail dispensaries shall be separated from other uses that could be impacted by their presence. Adult-use cannabis retail dispensaries, therefore, shall not be located within 1,000 feet of the lot line of any educational institution, house of worship, public library, playground, park, or athletic field. An adult-use cannabis retail dispensary shall not be located within 1,000 feet of another adult-use cannabis retail dispensary. This setback is consistent with the open rural character of the Town, within which numerous locations exist that can meet this standard. Furthermore, an adult-use cannabis retail dispensary may not locate within 100 feet of any residential lot line boundary.
(3)
Signage.
(a)
No exterior display or interior display which is visible from outside the adult-use cannabis retail dispensary shall be made to identify or portray the type of activity that occurs at an adult-use cannabis retail dispensary except for one approved sign not to exceed a surface area of 32 square feet for both sides combined. The sign shall be subject to all other Town limitations applicable to signs within this chapter. It shall otherwise be unlimited as to message.
(b)
All advertising is prohibited which is false, deceptive, or misleading; promotes overconsumption depicts consumption; is designed in any way to appeal to children or other minors; is within or is readily observed within 1,000 feet of the perimeter of a school grounds, playground, child day-care provider, public park, or library; is on publicly owned property; is in public transit vehicles and stations; or, is in the form of a billboard.
(c)
All off-site marketing strategies and implementation, including, but not limited to, the location of adult use cannabis retail dispensaries and advertisements that are designed to appeal to persons less than 21 years of age and/or populations at-risk of increased adverse health consequences as determined by the board in regulation or disseminate false or misleading information to customers is prohibited pursuant to § 86 of the NYS Cannabis Law (Adult-use cannabis advertising and marketing).
(d)
A sign shall be placed at the entrance to the adult-use retail dispensary stating that persons under the age of 21 years are prohibited from entry unless accompanied by a person who is legally eligible to purchase cannabis products.
(4)
No building or lot that does not conform with this section of the Town of Highland Zoning Law shall be used for an adult-use cannabis retail dispensary.
(5)
No other existing building, lot, or use shall be added to, enlarged, expanded in size or program, or converted for purposes of conducting an adult-use cannabis retail dispensary unless an application to do so has been made pursuant to this section and the approval of the Town Planning Board has been granted along with a special use permit under the Town of Highland Zoning Law, and the issuance of an adult-use retail dispensary license from the NYS Cannabis Control Board.
(6)
On-site consumption. The on-site consumption of cannabis products is prohibited within or on the grounds of an adult-use cannabis retail dispensary.
(7)
Cannabis-related land uses shall not be permitted as home occupations or accessory uses in any zoning district.
(8)
An adult-use cannabis retail dispensary may only operate Monday through Saturday between the hours of 9:00 a.m. and 9:00 p.m., and Sunday between the hours of 10:00 a.m. and 6:00 p.m.
(9)
Minimum parking requirements. For every 75 square feet devoted to merchandising within an adult-use cannabis retail dispensary, one parking space shall be required.