Marilla City Zoning Code
ARTICLE X
Regulations Governing Special Permit Uses
§ 700-46 Standards.
The uses specified in this article are hereby declared to possess unique characteristics requiring that each proposal for any such use shall be considered by the Town Board as an individual case. Upon application complying with the requirements of Article VI, special use permits may be issued by the Board in accordance with the administrative procedure set forth in Article VI and only after it has found that each and all of the following standards have been met:
The proposed special use is consistent with the general intent of the Town's Comprehensive Plan and with each of the specific purposes set forth in Article I herein.
The location, size and use of the structures involved, nature and intensity of the operations involved and size and layout of the site in relation to the proposed special use are such that it will be compatible with the orderly development of the use district.
Operation of the proposed special use is not more objectionable to the uses of nearby properties by reason of dust or smoke emission, noise, odors, fumes, pollution of air or water, including subsurface waters, unsightliness or similar conditions, than would be the operation of any permitted use.
The proposed special use satisfies each and all standards and conditions specified for such special use by the relevant provisions of this article.
The Town Board may impose additional conditions or restrictions as it may deem necessary prior to approving any special use permit application in order to protect public health and safety, the quality of the Town's natural resource base and the value of property.
No site preparation or construction shall commence, nor shall existing structures be occupied for any special permit use, until final site plan approval has been granted by the Town Board and permits have been issued by all governmental agencies involved.
All special use permits shall be subject to annual renewal. The Town Board will cause renewal applications to be sent to all holders of special use permits. No fee shall be required for renewal of a previously issued special use permit, but if the applicant does not apply for renewal of the special use permit within 30 days after the mailing of the renewal application by the Town Board on its representatives, the existing special use permit shall be revoked, and if the applicant subsequently applies for a special use permit, such applicant will have to pay the applicable application fee.
[Added 2-14-2002 by L.L. No. 2-2002]
§ 700-47 Essential services.
Essential services as defined in Article II herein may be allowed as a special permit use in any zone district upon approval of a special use permit by Town Board.
The Town Board stall determine the following prior to approving a special use permit:
The proposed installation in a specific location is necessary and convenient for the efficiency of the essential service or the satisfactory and convenient provision of service to the area in which the particular use is located.
The design of any building in connection with such facility shall conform to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights in the district in which it is to be located.
Adequate and attractive fences and other safety devices will be provided.
A buffer strip not less than 15 feet in depth shall be provided around the perimeter of property.
Adequate off-street parking shall be provided.
All other applicable requirements of this chapter shall be met.
§ 700-48 Motor vehicle service stations and public garages.
Motor vehicle service stations and public garages may be permitted as special permit uses in the B Business District upon the approval of a special use permit by the Town Board.
In addition to the information required in the special permit application and enumerated in Article VI herein, the site plan submitted shall also show the location and number of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground and number and location of fuel pumps to be installed.
Where a motor vehicle service station abuts a residential district, it shall be screened by a buffer area not less than 10 feet in depth composed of densely planted evergreen shrubbery, solid fencing or a combination of both which, in the opinion of the Town Board, will be adequate to prevent the transmission of headlight glare across the district boundary line. The Town Board shall determine on an individual case basis how close to the right-of-way the landscaped buffer shall be required to be installed. Such buffer screen shall have a minimum height of six feet above the ground. The materials used shall be in keeping with the character of the adjacent residential area. If said shrubbery becomes decayed and fails to provide an adequate screen, the Code Enforcement Officer shall direct the property owner to replace said shrubs.
The entire area of the site traveled by motor vehicles shall be hard-surfaced.
All repairs of motor vehicles, except for minor servicing, shall be performed in a fully enclosed building. No motor vehicle parts or partially dismantled motor vehicles shall be stored outside of an enclosed building.
No commercial parking shall be allowed on the premises of a motor vehicle service station or public garage.
Accessory goods for sale may be displayed on the pump island and the building island only. The outdoor display of oil cans and/or antifreeze and similar products may be displayed on the respective island if provided for in a suitable stand or rack.
In addition to the signs permitted by Article IX hereof, motor vehicle service stations may also exhibit one temporary sign for a period of up to 45 days setting forth special seasonal servicing of automobiles. Such temporary sign shall not exceed nine square feet in area, shall be located not less than 10 feet inside the property line and shall be removed when no longer current.
No motor vehicle service station or public garage may display more than two unlicensed vehicles for sale outside of an enclosed building at any one time.
There shall be no more than two driveways, with a combined width of not more than 1/3 the site frontage on each public street fronting the site.
No driveway shall be closer than 50 feet to the intersection of two street corner lot lines or within 20 feet of an adjacent lot line.
§ 700-49 Home occupations or home professional occupations.
No more than one person other than a member of the immediate family occupying such dwelling shall be employed as part of the home occupation or profession.
A home occupation must be conducted within a dwelling which is a bona fide residence of the principal practitioner or in an accessory building thereto which is normally associated with a residential use.
In no way shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting or signs or the emission of sounds, noises or vibrations.
No outdoor display of goods or outside storage of equipment or materials used in the home occupation shall be permitted.
No commercial vehicles with a rated capacity in excess of 1 1/2 tons shall be used in connection with the home occupation or parked on the property.
No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question under normal circumstances wherein no home occupation exists.
No more than 30% of the gross floor area of such residence shall be used for the conduct of a home occupation or profession. No more than 40% of the floor area of an accessory structure shall be used for a home occupation or profession.
§ 700-50 Private airstrips.
Private airstrips may be allowed as special permit uses in the A Agricultural District with the approval of a special use permit by the Town Board.
The Town Board shall determine that not more than 25% of the site area proposed for use as a private airstrip contains prime agricultural soils as defined by the Town of Marilla.
An application for the establishment, construction, enlargement or alteration of an airstrip shall include, in addition to requirements for special use permits outlined in Article VI, the following statements and information:
Name and address of the proponent.
Classification of the proposed airport (commercial, noncommercial or restricted).
Type of aviation activities proposed (aircraft sales and service, flight instruction, crop dusting, air taxi, etc.).
Number of aircraft expected to be based at the airport initially and within five years.
Type of aircraft expected to be based at the airport (single-engine, multiengine, turboprop jet, etc.).
Whether an instrument approach procedure will be offered.
Statement as to the anticipated number of daily operations.
Copy of the airspace clearance granted by the Federal Aviation Administration for this airport, including United States Geological Survey (USGS) Topographic Map.
A copy of the New York State Commissioner of Transportation's determination concerning this airport in accordance with the provisions of § 249 of the New York State General Business Law.
A site development plan of the airport, as approved by the Town Board, which includes the following:
Scale no smaller than one inch equals 100 feet.
Location of existing and proposed structures.
Alignment of existing and/or proposed runways shall be shown in exact location and magnetic bearing to the nearest 30 minutes.
Existing and proposed contours at five-foot intervals.
Location of aircraft parking and tie-down areas.
Provisions for access and off-street parking.
Provisions for sanitary waste disposal and water supply.
Location and method of fuel storage.
An area map at a scale of not less than one inch equals 500 feet showing:
Distances from buildings, roads, natural features, power lines or other possible obstructions within 2,000 feet of the ends of runways shall be accurately plotted.
Properties within 1,000 feet of the airport boundary shall be plotted, owners identified and the location and height of each building demarcated.
Permits issued for the operation of an airstrip shall be valid for a period of one year. Said permit may be extended by action of the Town Board for successive periods of one year if the operation conforms to the initial proposal and the conditions on which the initial permit was issued are unchanged.
The Town Board, in considering a request for a special use permit or the extension of a permit to operate an airstrip, may impose any conditions it deems necessary to protect the health, safety and public welfare of the Town.
§ 700-51 Camping grounds.
Camping grounds may be allowed as special permit uses in the A Agricultural District with the approval of a special use permit by the Town Board.
The Town Board shall determine that not more than 5% of the site area proposed for use as a camping ground contains prime agricultural soils as defined by the Town of Marilla.
Camping grounds shall be occupied by travel trailers, pickup coaches, motor homes, camping trailers and recreational vehicles and tents suitable for temporary habitation and used for travel, vacation and recreation purposes. No permanent external appurtenances such as carports, cabanas or patios may be attached to any travel trailer or other vehicular accommodation parked in a camping ground, and the removal of wheels and placement of a unit on a foundation in a camping ground is prohibited. No travel trailer or recreational vehicle in excess of 35 feet in length shall be permitted in any camping ground.
Minimum site area shall be 10 acres.
Not more than a total of 10 travel trailers, campers, tents, recreational vehicles or motor homes shall be permitted per acre of gross site area.
Location and access. A camping ground shall be so located that no entrance or exit from a site shall discharge traffic into any residential district nor require movement of traffic from the camping ground through a residential district. A camping ground shall have a minimum of 200 feet of frontage on a public street.
Site conditions. Conditions of soil, groundwater level, drainage and topography shall not create hazards to the property or the health or safety of the occupants. The site shall not be exposed to objectionable smoke, noise, odors or other adverse influences, and no portion of the camping grounds subject to flooding, subsidence or erosion shall be used for any purpose which would expose persons or property to hazards.
Accessory uses. Management headquarters, recreational facilities, toilets, dumping stations, showers, coin-operated laundries and other uses and structures customarily incidental to the operation of camping grounds are permitted as accessory uses to the camping grounds. In addition, retail stores and other convenience establishments shall be permitted as accessory uses in camping grounds in such districts where such uses are not allowed as principal uses, subject to the following restrictions:
Such establishments and the parking areas primarily related to their operations shall not occupy more than 5% of the gross area of the camping ground.
Such establishments shall be restricted in their use to occupants of the camping ground.
Such establishments shall present no visible evidence from any street outside the camping ground of their commercial character which would attract customers other than occupants of the camping ground.
Plans for sewage disposal and water supply shall be designed in accordance with standards promulgated by the New York State Department of Environmental Conservation and the Erie County Department of Health and shall receive approval from said agencies.
Streets in camping grounds shall be private but shall be constructed with a stabilized travelway and shall meet the following minimum stabilized travelway width requirements:
Sites. Each travel trailer site shall be at least 2,500 square feet in area and have a minimum width of 40 feet.
Recreation facilities. A minimum of 10% of the gross site area for the camping ground shall be set aside and developed as common use areas for open or enclosed recreation facilities. No travel trailer site, required buffer strip, street right-of-way, storage area or utility site shall be counted as meeting recreational purposes.
Entrances and exits to camping grounds shall be designed for safe and convenient movement of traffic into and out of the camping ground and to minimize friction with movement of traffic on adjacent streets. All traffic into or out of the camping ground shall be through such entrances and exits. No entrance or exit shall require a turn at an acute angle for vehicles moving in the direction intended, and radii of curbs and pavements at intersections shall be such as to facilitate easy turning movements for vehicles with trailers attached.
Off-street parking and loading. In connection with use of any camping ground, no parking, loading or maneuvering incidental to parking or loading shall be permitted on any public street, sidewalk or required buffer or right-of-way or any public grounds or on any private grounds not part of the camping ground, unless the owner has given written permission for such use. Each camping ground shall provide off-street parking, loading and maneuvering space, located and scaled so that the prohibitions above may be observed, and camping ground owners shall be responsible for violations of these requirements.
An adequate lighting system shall be provided for the camping ground.
All utilities shall be underground.
Not less than one covered twenty-gallon garbage receptacle shall be provided for each campsite. Garbage and rubbish shall be collected and disposed of as often as may be necessary to ensure sanitary conditions.
All applicable sanitation standards promulgated by the State of New York shall be met.
No camp structure, except fences, gates and permitted signs, shall be located within 300 feet of any street or property line.
§ 700-52 Not-for-profit public and semipublic uses and buildings.
Public and semipublic uses of institutional, health, education, recreational, religious or cultural nature may be allowed as special permit uses in the A Agricultural and R-R Rural Residential Districts upon the approval of a special use permit by the Town Board.
A statement setting forth the details of the operation of the use along with evidence of the proposed activity's eligibility as a not-for-profit use as defined in Article II shall be submitted to the Town Board.
The proposal shall meet the minimum area and yard requirements for such uses as specified in the schedule.[1]
[1]
Editor's Note: The Zoning Schedule is included at the end of this chapter.
The proposed use shall meet the minimum off-street parking and loading and unloading requirements of this chapter as may be appropriate.
The Town Board, in considering the request for a special use permit, may impose conditions it deems necessary to protect the health, safety and public welfare of the Town.
§ 700-53 Kennels.
Kennels may be permitted as special permit uses in the A Agricultural and R-R Rural Residential Districts upon the approval of a special use permit by the Town Board. No kennel shall be permitted in any zoning district without a special use permit.
[Amended 2-14-2002 by L.L. No. 2-2002]
The minimum lot area for such uses shall be five acres.
Shelters for dogs within kennels shall not be closer than 100 feet to any lot line.
[Amended 10-9-2008 by L.L. No. 5-2008]
No outdoor area enclosed by fences for the use of dogs shall be permitted within the front yard. Fenced areas shall be set back not less than 50 feet from any side or rear property line.
[Amended 10-9-2008 by L.L. No. 5-2008]
§ 700-54 Rooming houses.
Rooming houses may be permitted as special permit uses in the A Agricultural and R-R Rural Residential Districts upon the approval of a special use permit by the Town Board.
No rooming house shall provide shelter for more than four tenants who are not family members.
Off-street parking shall be provided as follows: At least two spaces for the family residing on the premises, plus not less than one additional space for each roomer.
§ 700-55 Windmills or wind generators.
[Amended 12-10-2015 by L.L. No. 4-2015]
Definitions. As used in this section, the following terms shall have the meanings indicated:
Wires used to secure wind turbines or meteorological towers that are not self-supporting.
The height of a wind turbine measured from natural grade to the tip of the rotor blade at its highest point. This measure is also commonly referred to as the maximum tip height (MTH), or turbine height.
The height above grade of the fixed portion of the tower, measured to the top of the nacelle and excluding the wind generator.
The height of a wind turbine measured from natural grade to the tip of the rotor blade at its highest point. This measure is also commonly referred to as the maximum tip height (MTH) or blade-tip height.
The monopole, guyed monopole or lattice structure that supports a wind generator.
All equipment, machinery and structures utilized in connection with the conversion of wind to electricity. This includes, but is not limited to, all transmission, storage, collection and supply equipment, substations, transformers, site access, service roads and machinery associated with the use. A wind energy conversion facility may consist of one or more wind turbines.
A machine for converting the kinetic energy in wind into mechanical energy, which is then converted to electricity.
Equipment that converts and then transfers energy from the wind into usable forms of electrical energy and includes all related and supporting items, including but not limited to all buildings, structures, electrical equipment, substations, transmission lines, access roads, parking lots, areas to be stripped or graded, and areas to be landscaped or screened.
Windmills or wind generators may be permitted in any district upon the approval of a special use permit by the Town Board. Windmills and/or wind generators used to supply a portion of a farm's electrical needs (not exceeding 110% of the farm's anticipated demand) are deemed to be on-farm equipment and are permitted by right and do not require a special use permit.
In addition to the requirements for special use permits outlined in Article VI, the site plan shall also show:
Location of the tower on site and tower height, including blades, rotor diameter and ground clearance.
Property lot lines and the location and dimensions of all existing structures and uses on site within 300 feet of the wind energy conversion systems.
Underground utility lines within a radius equal to the proposed tower height, including blades.
Dimensional representation of the various structural components of the tower construction, including base and footings.
Design data indicating the basis of design, including manufacturer's dimensional drawings, installation and operation instructions.
Certification by a registered professional engineer or manufacturer's certification that the tower design is sufficient to withstand wind load requirements for structures as established by the New York State Fire Prevention and Building Code.[1]
No windmill, including blades, shall extend more than 50 feet above the average ground level of the permanent structure, except in the A Agricultural District where the height may extend to 150 feet.
The minimum setback distance between each wind turbine tower and all surrounding property lines, overhead utility or transmission lines, other wind turbine towers, electrical substations, meteorological towers, public roads and dwellings shall be equal to no less than 1.5 times the sum of proposed structure height plus the rotor radius.
Access to the tower shall be limited either by means of a fence six feet high around the tower base with a locking portal or by limiting tower-climbing apparatus to no lower than 12 feet from the ground.
No windmill shall be installed in any location along the major axis of an existing microwave communications link where the operation of the windmill is likely to produce an unacceptable level of electromagnetic interference, unless the applicant provides sufficient evidence satisfactory to the Code Enforcement Officer indicating the degree of expected interference and the possible effect on the microwave communications link.
Windmills shall be located or installed in compliance with the guidelines of the Federal Aviation Regulations with regard to airport approach zones (15.503) and clearance around VOR and DVOR stations.
All sites proposed for windmills shall have sufficient access to unimpeded air flow for adequate operation in accordance to the Siting Handbook for Small Wind Energy Conversion Systems, PNL-2521, or other nationally recognized reference.
No windmill shall be installed in a location where the impact on the neighborhood character is determined by the Planning Board to be detrimental to the general neighborhood character.
If the windmill is to be interconnected to an electric utility distribution system, the applicant shall provide evidence of approval of the proposed interconnect by the New York State Electric and Gas Corporation.
Towers shall be located according to plans approved by the Town Board.
Guy wires and anchors for towers shall not be located closer than 10 feet to any property line.
All windmills shall be designed with an automatic device to prevent over-speeding and excessive pressure on the tower structure.
The minimum distance between the ground and any protruding blades shall not be less than 15 feet as measured at the lowest point of the arc of the blades.
§ 700-56 Stables or riding academies.
Stables for the commercial boarding of horses or riding academies may be permitted in the A Agricultural District upon the approval of a special use permit by the Town Board.
No site preparation or construction shall commence nor shall existing structures be occupied until final site plan approval has been granted by the Town Board and permits have been issued by all governmental agencies involved.
The permitted use may include any of the following:
The land devoted to this use shall not be less than 20 contiguous acres.
One principal single-family dwelling may be located on the land devoted to this use, provided that it complies with the requirements for this chapter. The land area on which the principal single-family dwelling is located shall not be considered as part of the land devoted to this use as set forth in Subsection D above.
The number of horses that may be boarded and/or trained at such property shall not exceed 25 horses for the first 20 acres of land devoted to this use, plus one horse for each additional 1/2 acre.
The stable and the facilities for the storage of manure shall be located on the land devoted to this use and not less than 200 feet from any boundary line.
Accessory buildings such as barns (not housing horses), sheds and the like may be located on the land devoted to this use, provided that they are set back at least 200 feet from the street line and 100 feet from each side boundary line, and they are not used for the storage of manure.
Structures on the land devoted to this use (not including the principal dwelling) shall not in the aggregate cover more than 5% of the area of the land devoted to this use.
No structure shall exceed 35 feet in height.
Suitable and adequate off-street parking in accordance with the reasonable requirements of the Planning Board shall be provided. No parking shall be permitted within 200 feet of any property lines.
Exterior lighting stall be permitted only to the extent necessary to prevent injury to the public and shall be so installed and arranged as to reflect light away from the adjoining streets and prevent any nuisance to adjoining property.
Exterior loudspeakers shall be installed or used on the premises so as to minimize potential nuisances to adjacent properties.
No manure, odor- or dust-producing substances shall be permitted to be stored within 75 feet of any lot line. Any solid manure storage shall be a minimum distance of 75 feet from any property line. Any liquid storage shall be a minimum distance of 150 feet from any property line.
The maintenance of the structures and hygiene conditions connected with the use here permitted shall be under the continuous supervision of the Town Board and the Department of Public Health to the extent necessary. If conditions are found to exist which are dangerous to the health, safety and welfare of humans or horses, or if any of the requirements of this or any other section of this chapter or of any condition attached to the permit issued hereunder are not complied with by the operator of the boarding stable, the permit issued hereunder may be revoked or suspended by the Town Board after public hearing.