Lysander City Zoning Code
ARTICLE XVIII
Special Permit Uses
§ 320-42 Application.
Structures and uses which are designated as permitted upon issuance of a special permit in the zoning district regulations shall be authorized only after the issuance of a permit as provided in this article.
§ 320-43 Requirements; Board of Appeals to grant permits.
A.
The types of uses for which special permits are required shall be deemed to be permitted in their respective districts, subject as to each specific use to the satisfaction of the requirements and the standards set forth in this section. Each specific use for which a permit is sought shall be considered as an individual case and shall conform to the detailed application of the following standards in a manner appropriate to the particular circumstance of such use.
B.
In every case where a special permit is required by this chapter, such special permit shall be granted by a majority vote of the Board of Appeals only after a public hearing upon five days' notice has been held.
C.
The Board of Appeals shall grant the issuance of special use permits where required under the provisions of this chapter. A stormwater pollution prevention plan (SWPPP) consistent with the provisions of §§ 320-71 and 320-72, infrastructure shall be required for a special permit approval. The SWPPP shall meet the performance and design criteria and standards in § 320-72, and be consistent with the provisions of Article XXVI of this chapter.
§ 320-44 Findings of Board of Appeals.
Special permits shall be issued by the Planning Board upon the following findings:
A.
The proposed use is consistent with an orderly and appropriate development of the neighborhood and surrounding area.
B.
The proposed use is not unreasonably detrimental to the existing structures or uses in the neighborhood by reason of noise or vibration, odor or other form of air pollution, fire or explosive hazard, glare or any other substance, condition or element.
C.
The proposed use, as to general character, height and use of structure, the provisions of surrounding open space and treatment of grounds and as to its effect on street capacity and use, is sufficient to safeguard public health, comfort and convenience and to preserve the general character of the neighborhood in which such structure is to be placed or such use is to be conducted.
D.
Where appropriate, the proposed use is an adequate transition between adjacent uses or districts.
E.
The use thereof will not cause undue traffic congestion or create a traffic hazard.
§ 320-45 Standards.
A.
Motor vehicle service stations and public garages.
(1)
All motor vehicle service stations and public garages shall be so arranged that:
(a)
The lot upon which the facility is located shall have a minimum frontage of 150 feet on a major road as designated in the Comprehensive Land Use Plan of the Town of Lysander.
(b)
Curb cuts into the facility shall not be more than 30 feet in width and shall not be closer than 75 feet to an existing street or road intersection.
(d)
At the discretion of the Board of Appeals, a ten-foot wide landscaped buffer area or natural area shall be located along all property lines except those adjacent to existing commercial uses. Such areas along curb cuts shall be planted by low shrubs limited in height to three feet. All other buffer areas shall be densely planted with shrubs, trees and/or fencing not less than six feet in height.
(e)
There shall be no outside storage or display of accessories, portable signs, rubbish, oil cans, tires, discarded motor vehicle parts and components, unlicensed or dismantled automobiles, trucks, tractors, trailers or accessories thereof.
(f)
Other than simple adjustments made in conjunction with the sale of gasoline, no repair work may be conducted outside of a structure.
(g)
All class-one liquids shall be stored in underground tanks with adequate fire and explosion precautions observed in their sale and handling.
(h)
Each service station, whether or not self-service, shall have a qualified attendant on duty at all times that it is open to the public.
(i)
Self-service stations shall provide adequate fire-protection systems.
(2)
Discontinuance. In the event that a gasoline service facility is abandoned, as determined by the Town Board, the owner or lessee shall remove all tanks, pumps, signs and lighting poles from the premises pursuant to New York State Department of Environmental Conservation regulations.
B.
Junkyards, automobile graveyards and disassembly plants shall be enclosed within a masonry wall or fence with privacy screening at least six feet high. Where the area of land abuts a residential district, the fence or wall shall be at least 50 feet from the boundary line separating the districts.
C.
Natural production use.
(1)
For all natural production use special permit applications, the Board must give particular consideration to the following factors:
(2)
Before a permit for such use is issued, the Board of Appeals shall find that such excavation or quarrying will not endanger the stability of adjacent land nor constitute a detriment to public welfare, convenience or safety by reason of excessive dust, noise, traffic, congestion or other condition. The Board may specify any reasonable requirements to safeguard the public health, safety and welfare in granting the permit. Hours of operation shall be specified by the Planning Board for operations producing noise which carries to residential areas. No such noise-producing operations shall be permitted to operate before 8:00 a.m. prevailing time or after 7:00 p.m. prevailing time if the business is located within 500 feet of a residential area.
(3)
No excavation, for purposes other than for the construction of a building or of a structure for which a permit has been issued or for the construction of a driveway, sidewalk or similar facility, shall be commenced or continued except in conformity with the provisions of this chapter, except that nothing in this chapter shall require a person to obtain a permit for or prevent a person from removing topsoil or other earth products from one part of his premises to another part of the same premises when such removal is necessary as an accessory use or is made for the purpose of farming or improving said property. Nothing in this chapter shall apply to the operation or leasing of gravel pits or excavations by the Town of Lysander for the provision of materials for the construction or maintaining of roads or highways within the Town boundaries or for the betterment of the Town.
(4)
The following requirements shall be specified in whole or in part by the Zoning Board of Appeals in granting the permit and shall be fulfilled by the applicant prior to, during the course of or following the actual period of excavation or quarry working:
(a)
The operation of the excavation or quarry shall be conducted in a manner as to obviate dust and noise, providing such treatment as may be deemed necessary by the Board of Appeals. All access shall be provided with a dustless surface not less than 22 feet wide from the connection to a public street to a point within 100 feet of the loading point, and such road shall be properly maintained by the operator during the life of the operation.
(b)
The slope of the material in the excavation or quarry shall not exceed the normal angle of repose of such material and the plane of such angle of repose, or the face of any quarry walls or other excavation in rock shall not come nearer than 40 feet to any property line or nearer than 80 feet to any highway line.
(c)
In the case of an open excavation or a quarry or other excavation in rock, there shall be a substantial and acceptable fence, with suitable gates, completely surrounding said quarry or excavation at a distance of 50 feet or more from the face of said quarry or excavation walls.
(d)
No excavation shall be made to a depth which will allow a pool of water to accumulate, except that permitted pit excavation operations where water is essential to the preparation of a reservoir may be maintained when adequately fenced so as to secure against trespass. Water used in washing operations shall not be discharged into a stream or natural drainage channel unless all suspended materials have been removed by the use of settling basins or percolation beds.
(5)
The applicant shall file with the Board of Appeals a statement of the proposed work, together with a plan prepared by a licensed engineer or land surveyor, showing the three-dimensional extent of the proposed work through a plot plan showing existing grades and contours and the grades and contours after the operation has been completed. The plan shall be drawn to scale and shall show the location of streets or roads adjoining the premises, the names of adjacent property owners, the location of the premises and dimensions of that portion of the premises upon which the excavation is to be made, the location, size and use of any existing proposed structures and cross sections of the property at intervals of 50 feet showing existing and proposed elevations of the premises as compared to the elevation of any abutting streets or roads. Recontouring and backfilling is required where necessary to return the area to its original contours or to the grades indicated by the plot plan when required by the Board. The operator shall set aside the top 10 inches of arable soil on the premises and, when the premises have been returned to the grades indicated on the plot plan, shall respread the soil over the area to its original depth of 10 inches and shall reseed and landscape the area.
(6)
Before the issuance of a permit by the Zoning Board of Appeals for quarries or excavations, the applicant must have executed an agreement with the Town Board of the Town of Lysander whereby the applicant contracts to restore the premises to the conditions approved and established in accordance with the provisions of this chapter. The applicant shall execute a bond or deposit cash with the Town Clerk in an amount sufficient in the opinion of the Zoning Board of Appeals to secure the performance of said contract. The amount of bond may be reduced and/or portions of the cash returned to the applicant from time to time when, in the opinion of the Board, the lower amount will be sufficient to accomplish its purposes. In the event that the applicant who executed the contract does not fulfill his agreement, such bond or cash deposit shall be a surety and condition for the faithful performance of this chapter, and, upon default, such bond or cash deposit shall be forfeited to the Town of Lysander, and the Town shall proceed to restore the premises in the manner prescribed, either with its own forces or by contract, after due notice to the applicant and, if a cash deposit was not used, to his surety company and, upon their failure to comply with the agreement, to charge the costs to the surety company. The bond shall continue in full force and effect until a certificate of compliance shall have been issued by the Board of Appeals to the effect that all the provisions of the applicant's agreement with the Town Board have been complied with.
(7)
Permits for the operation of quarries or excavations shall expire by limitation one year from the date of issuance. All operations established prior to the effective date of this chapter may continue only if the owner, lessee or operator thereof complies within 90 days with the provisions of this chapter.
D.
Kennels, dog spas, dog day care and veterinary establishments which harbor or board animals with access to outdoors shall have a minimum of five acres lot size. Facilities which do not permit access to the outdoors shall have a minimum lot size of three acres unless allowed by another section of this code. There shall be front, side and rear yards of at least 200 feet unoccupied by structures, fences or runs.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E.
Country store.
(1)
Lot size shall be a minimum of five acres.
(2)
Building size and the size of indoor retail areas shall be appropriate to the size of the owner's farm and the type of agricultural products produced by the owner, not to exceed that required to effectively market the owner's farm products directly to consumers. In no case shall the indoor retail area exceed 5,000 square feet.
(3)
Indoor restaurant facilities (where allowed) shall be considered part of the total retail area and shall not exceed 10% of the total indoor retail area.
(4)
If indoor restaurant facilities are part of a country store, public restrooms shall be provided.
(5)
With the exception of minimum lot size (five acres), dimensional requirements for nonresidential uses and structures for the appropriate district shall apply.
F.
Reconstructed structures in the Flowage Easement District.
(1)
The structure must be designed or modified and anchored to prevent flotation, collapse or lateral movement of the structure.
(2)
Garages must include two overhead doors located on opposite sides of the structure to facilitate the flow of floodwaters.
(3)
Construction materials and utility equipment that are resistant to flood damage must be used.
(4)
Construction methods and practices that will minimize flood damage must be employed.
(5)
All electrical equipment must be located and secured at least two feet above the elevation of a one-hundred-year flood event.
(6)
Water supply systems and/or sanitary sewage systems must be designed to minimize or eliminate infiltration of floodwaters into the systems, and discharges from the systems must be located so as to avoid impairment of them or contamination from them during flooding. Sanitary sewage systems shall be approved by the Onondaga County Health Department.