Irondequoit City Zoning Code
ARTICLE XVI
Special Use Permits
§ 235-90 Authority.
A.
Issuance of permits.
[Amended 9-27-2005 by L.L. No. 9-2005]
(1)
The Town of Irondequoit considers the review and approval of special use permits for major principal land uses prior to the issuance of building permits to be an essential element of local land use control. The special use permit review and approval process outlined in this article is designed to ensure that certain proposed development projects meet a predetermined set of standards and criteria prior to approval, based on the nature of the land use involved and the characteristics of the site proposed for that land use. These standards and criteria are designed to ensure that development costs of proposed projects are minimized or eliminated altogether. The special use permit review and approval process ensures that development proposals are analyzed for their impacts on local growth, public facilities and infrastructure, as well as surrounding land uses and natural features. The process is also designed to ensure that land resources are utilized in the most appropriate and desirable manner.
(2)
Except as otherwise provided for in this article with respect to the authority of the Town of Irondequoit Planning Board to issue special use permits within the Waterfront Development (WD), LaSalles Landing (LLD) and River Harbor (RH) Districts, and for cannabis facilities in the M Manufacturing District, the Irondequoit Town Board shall issue all other special use permits required under this zoning law.
[Amended 8-16-2022 by L.L. No. 4-2022]
B.
The Town of Irondequoit Planning Board, in accordance with the provisions of § 274-b of New York State Town Law, as amended or changed, shall have the authority to issue special use permits for the following uses permitted within the Waterfront Development (WD) District only, prior to the issuance of any building permits:
(1)
Principal uses.
(a)
Multifamily dwellings, apartment buildings or other similar uses.
(b)
Townhouses, row houses and other similar uses.
[Amended 3-19-2015 by L.L. No. 2-2015]
(c)
Commercial parks, playgrounds or beaches, amusement parks, golf courses, tennis/racquetball clubs or other similar uses operated for gain.
(d)
Private clubs or camps, private membership clubs, lodges or fraternal organizations, neighborhood or community centers, YMCA or YWCA or other similar uses.
(e)
Sit-down restaurants.
(f)
Motels, hotels or boatels.
(g)
Yacht clubs or other similar uses.
(h)
Marinas, boat docks, docking basins, boat launching ramps, including related retail sales of pleasure boats, marine and fishing supplies, and other similar uses.
(i)
Boat service, repair, rental and storage facilities or other similar uses.
(j)
Stores, shops and boutiques designated for festive retail uses and activities.
(k)
Public utility buildings or structures, including, but not limited to, electrical substations.
(l)
Combinations of permitted principal uses based on a determination by the Town Planning Board that such combinations are appropriate for the proposed waterfront area and are compatible with the purpose and intent of this district, as well as the goals and policies of the Local Waterfront Revitalization Program (LWRP). Each such proposed use shall be subject to special use permit review and approval.
(m)
Other uses not specifically listed above but which, based on a determination by the Town Planning Board, are deemed appropriate for waterfront areas; are similar in nature to permitted principal uses; and are compatible with the purpose and intent of this district, as well as the goals and policies of the Local Waterfront Revitalization Program (LWRP).
(2)
Accessory uses.
(a)
Radio, TV or CB antennas that require a permit from the Town Zoning Board of Appeals.
(b)
All signage, with the exception of real estate signs, temporary political signs and accessory traffic signs.
(c)
Outdoor storage of boats.
(d)
Fishing piers, wharves, boat launching ramps and similar waterfront structures and facilities.
(e)
Accessory dredging and filling.
C.
Cannabis facilities. The Town of Irondequoit Planning Board, in accordance with the provisions of § 274-b of New York State Town Law, as amended or changed, shall have the authority to issue special use permits for cannabis retail dispensaries and on-site cannabis consumption facilities within the Manufacturing (M) District prior to the issuance of any building permits. Such facilities must comply with the following requirements.
[Added 8-16-2022 by L.L. No. 4-2022]
(1)
Introduction.
(2)
New York State license required.
(a)
Cannabis facilities must have a valid license issued by the New York State Office of Cannabis Management.
(b)
Special permit requirements are intended to regulate the time, place and manner of licensed cannabis facilities. The Planning Board shall not apply any requirements that conflict with the provisions of the NYS license.
(3)
Location.
(a)
Cannabis facilities shall be allowed with a special use permit in the M Manufacturing District only.
(b)
Cannabis facilities shall not be permitted within 1,000 feet of any school or Town-owned park or playground, or within 500 feet of any place of worship. A map depicting the excluded areas shall be maintained by the Town Code Enforcement Officer.
(c)
No cannabis facility shall be located within 500 feet of another cannabis facility in the Town of Irondequoit.
(d)
Separation distances shall be measured in a straight line from the nearest point of each property line.
(4)
Physical requirements.
(a)
The principal entrance must be located on a public thoroughfare at street level.
(b)
All aspects of the cannabis facility, except for the transportation of product or materials, must take place within a fully enclosed building and shall not be visible from the exterior of the business.
(c)
No outside storage is permitted.
(d)
The area of any cannabis retail dispensary that is open to the public shall not exceed 5,000 square feet gross floor area.
(e)
Ventilation: All cannabis facilities shall be ventilated in such a manner that no odor from cannabis or its use can be detected by a person with an unimpaired and otherwise normal sense of smell at the exterior of the cannabis facility or at any adjoining use or property.
(g)
Exterior lighting shall not extend beyond property lines.
(h)
No cannabis facility shall be located inside a building containing residential units, including transient housing such as motels and dormitories.
(i)
The use of a walk-up or drive-through window service is prohibited.
(j)
If the license issued by the New York State Office of Cannabis Management specifies other, additional, or more specific provisions relating to the size, site plan or other physical attributes of the facility, the provisions in such license will apply instead of the requirements of this section.
(5)
Operations.
(a)
Security.
[1]
All cannabis retail dispensaries and on-site consumption facilities shall provide and maintain adequate security measures and safety plans.
(b)
Hours of operation may be determined by the Planning Board subject to the following limitations:
(c)
If the license issued by the New York State Office of Cannabis Management specifies other, additional, or more specific security provisions, hours of operation or other provisions relating the facility operation, the provisions in such license will apply instead of the requirements of this section.
§ 235-91 Permit application.
[Amended 4-21-1988 by L.L. No. 4-1988; 12-15-1998 by L.L. No. 8-1998]
A.
An application for special use permit review and approval shall be made in writing on the appropriate forms and shall be filed with the Town Department of Planning and Zoning. An application for special use permit review and approval shall require and be made in tandem with an application for site plan review and approval for the proposed project. These two applications shall be subject to the information submission requirements and shall follow one review and approval process as outlined in this section. The application for special use permit review and approval shall be considered during the public hearing on the preliminary site plan. No additional fee shall be required of the applicant in order to process the special use permit application.
B.
Transportation impact analysis.
(1)
A transportation impact analysis, to be prepared by the applicant, submitted with the application for special use permit approval and reviewed by the Town Planning Board, shall be required as a condition of a special use permit application in the following cases:
(a)
Any development which will have direct access to a collector or arterial road.
(b)
Any residential development which proposes to have more than 25 dwelling units.
(c)
Any use which will generate in excess of 100 trips per day. (The cumulative transportation impacts of adjacent development on the existing road network shall also be considered when determining trip generation rates.)
(d)
Any development located on a street, road or highway that provides a direct access to Irondequoit Bay or to Lake Ontario.
(2)
The transportation impact analysis shall include the following:
(a)
A description of the proposed site and the existing highway network within one mile of the site.
(b)
A detailed description of road conditions and characteristics, including grade, pavement widths and surface conditions.
(c)
The locations of intersections, traffic signals and public transportation facilities.
(d)
A description of existing traffic conditions, including average daily traffic volume, design hour volume and roadway and intersection service levels for each road or highway included in the project.
(e)
A determination of the development's anticipated transportation impact using standard trip generation rates and accepted traffic modeling methodologies that consider the effects on adjacent development and provision for access controls.
(f)
A detailed description of the proposed local street system for the development site.
C.
An application for special use permit review and approval for all principal uses permitted within the Waterfront Development (WD) District shall be accompanied by a natural resource inventory and visual analysis for the proposed development site that identifies all of the environmentally sensitive or unique areas within the site, including but not limited to steep slopes, wetlands, woodlots, floodplains, scenic views and vistas and wildlife habitats. The natural resource inventory shall also indicate how the proposed development will impact these areas and what mitigating measures will be taken to minimize any adverse impacts. The visual EAF addendum, prepared by the New York State Department of Environmental Conservation, shall be used to supply information for the visual impact analysis required above.
D.
Historic and/or cultural analysis.
(1)
An application for special use permit review and approval for all principal uses permitted within the Waterfront Development WD District shall be accompanied by an analysis of the proposed development site for significant historic or cultural resources. The criteria for evaluating significant historic or cultural sites shall be the quality of significance in American or local history, architecture, archaeology and culture that is present in districts, sites, buildings, structures and objects of state and local importance that possess integrity of locations, design, setting, materials, workmanship, feeling and association and:
(a)
That are associated with events that have made a significant contribution to the broad patterns of our history;
(b)
That are associated with the lives of persons significant in our past;
(c)
That employ distinctive characteristics of a type, period or method of construction or that represent the work of a master or that possess high artistic values or that represent significant and distinguishable entities whose components may lack individual distinction; or
(d)
That have yielded or may be likely to yield information important in prehistory or history.
(2)
A preliminary records check by the Rochester Museum and Science Center shall be prepared in the early stages of the project review and shall be submitted b the applicant with the initial project application to identify potentially historic areas.
(3)
Developers shall allow historical and archaeological officials access to the project site during excavation operations.
(4)
The developer, in cooperation with local officials and the Rochester Museu and Science Center staff, shall preserve architecturally significant structures and make a photographic and statistical record of those that must be destroyed.
§ 235-92 Review of application; grant or denial of permit.
A.
Approval by the Town Planning Board of any special use permit shall be contingent on a finding by the Board, based on the information submitted and testimony made at the public hearing, written project reviews by the appropriate agencies and a recommendation from the Monroe County Division of Planning and Zoning, that the proposed project or development will, as applicable:
(1)
Provide adequate and safe site access.
(2)
Provide adequate site utility service, including water supply, sewage and refuse disposal.
(3)
Be compatible with and enhance, to the extent possible, the existing natural features of the site and the surrounding area.
(4)
Provide adequate year-round site fire protection services.
(5)
Relate, in an adequate and appropriate manner, to the depth of bay water adjacent to the site.
(6)
Relate, in an adequate and appropriate manner to and in general be compatible with, the existing land use and zoning pattern in the immediate area.
(7)
Comply, to the greatest extent possible, with the applicable site design criteria and other zoning district requirements outlined in this chapter.
(8)
Provide public access to the shore zone to the extent possible and desirable given the nature of the site and proposed use.
B.
Approval by the Town Planning Board of any special use permit shall be contingent on a finding by the Board, based on the information submitted and testimony made at the public hearing, written project review by the appropriate agencies and a recommendation from the Monroe County Division of Planning and Zoning, that the proposed project or development will not, as applicable:
(1)
Adversely effect the orderly development and character of the surrounding neighborhood.
(2)
Cause an inappropriate or undesirable number of similar uses to be concentrated in the immediate area.
(3)
Be a nuisance to neighboring land uses in terms of the production of obnoxious or objectionable noise, dust, glare, odor, refuse, fumes, vibrations, unsightliness, contamination or other similar conditions.
(4)
Create undue hazards or dangers to the general public or to persons in the vicinity of the project from fire, explosions, electricity, radiation, crowds, traffic congestion, parking of automobiles or other similar conditions.
(5)
Cause undue harm to or destroy existing sensitive natural features on the site or in the surrounding area or cause adverse environmental impacts, such as severe erosion and/or sedimentation, slope destruction, flooding or ponding of water or degradation of water quality.
(6)
Be incompatible with the type, extent and direction of building development for the site and surrounding area, as proposed in the Town of Irondequoit Comprehensive Plan or portion thereof and as adopted by the Town Planning Board.
(7)
Be incompatible with any of the official policies of the Town of Irondequoit Local Waterfront Revitalization Program (LWRP).
(8)
Destroy or adversely impact significant historic and/or cultural resource sites.
(9)
Require an unnecessary or destructive amount of dredging, filling or other disturbance of the waters of Irondequoit Bay or Lake Ontario.
C.
The Town Planning Board shall review the application for special use permit approval based on the criteria and considerations listed above. Should the applicant, based on the findings of the Board, fail to meet any one of the criteria or requirements listed above, either because of the basic nature and design of the project or the lack of appropriate mitigating measures, the request for approval of the special use permit shall be denied. Should the applicant, based on findings of the Board, meet all of the criteria or requests listed above, either because of the basic nature and design of the project or the inclusion of appropriate mitigating measures, then the request for approval of a special use permit shall be granted. The applicant shall then require approval of the project's preliminary site plan from the Town Planning Board. Procedures for the further review of the site plan application shall follow those particular requirements as outlined in this section. The Town Planning Board may approve an application for a special use permit subject to appropriate conditions and/or the inclusion of mitigating measures that will ensure compliance with the criteria and requirements listed above. In such a case, no further review or action on the special use permit application shall be required. However, failure to comply with the conditions of the special use permit shall be considered a violation of this chapter shall result in the application of the appropriate penalties and/or fines as outlined in Article XIX of this chapter and the possible revocation of other permits.
D.
As a part of the special use permit review and approval process, the Town Planning Board shall be empowered, in accordance with the provisions of § 278 of New York State Law, as amended or changed, to establish, change and/or modify lot size, building setback, building height and other dimensional requirements for specific principal and/or accessory uses as listed in the Waterfront Development (WD) District. In making such determinations, the Town Planning Board shall be guided by the appropriate requirements and considerations listed above for review of the special use permit application, as well as the policies of the Town of Irondequoit Local Waterfront Revitalization Program (LWRP). Dimensional requirements for these uses, as reviewed and approved by the Town Planning Board, shall be incorporated into the site plan design through the preliminary site plan review process.