Marion Town City Zoning Code
ARTICLE IX
Supplementary Regulations Governing Special Conditions and Special Permits
§ 308-44 Applicability.
No building or zoning permit shall be issued for any use or activity listed in Schedule I[1] as having special conditions applied thereto (SC) or requiring a special permit (SP) until the Code Enforcement Officer is satisfied that the regulations set forth in this chapter and particularly Article IX have been complied with or a variance thereto has been duly granted.
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
§ 308-45 Special conditions.
Land use or activities listed in § 308-42, Schedule I, as having "Special Conditions Applicable" shall be considered permitted when special authorization (See the definition of "special authorization."[1]) is granted by the appropriate board or Code Enforcement Officer, as the case may be, and applicable conditions as set forth in this § 308-45 are met.
A.
Conversion of existing housing into not more than four dwelling units in A-C, L-R, M-R, and H-R. Permitted when:
(1)
The area of the lot is at least 80% of the minimum lot area which would be required for new construction of the equivalent number of dwelling units.
(2)
Parking requirements for the district can be complied with. (See § 308-9N, Schedule III.)
(3)
The minimum side yard requirements for the district can be complied with.
(4)
Each of the dwellings thus created contains a separate entrance, individual bathroom and kitchen facilities and at least 600 square feet of floor area.
(5)
The conversion meets state regulations of the Uniform Fire Prevention and Building Code.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B.
Mobile home dwelling. Permitted when:
(1)
Such dwelling is located in a mobile home park except as set forth in § 308-45B(2) below.
(2)
The Code Enforcement Officer shall issue a temporary zoning permit for a single mobile home, not located in a mobile home park, when such mobile home is to be used as an interim dwelling in the event a permanent residence on the lot has been damaged or destroyed. Said mobile home shall be provided with approved water and sewage disposal systems and tie-downs. Such temporary permit shall expire six months from the date of issuance and the mobile home shall be removed forthwith. An extension of such permit for not more than two additional six-month periods may be granted by the Enforcement Officer, after which time the mobile home shall be removed.
(3)
Dependent-care mobile home permit. The Zoning Board of Appeals shall issue a temporary zoning permit (one year) for a single mobile home, not located in a mobile home park, when such mobile home is to be used as a temporary residence for a medically dependent parent who has a proven medical need to live close to the primary residence of the family.
[Added 4-3-1996]
(a)
The name of both the applicant (primary residence owner) and the person(s) requiring the temporary residence shall be included on the application and permit.
(b)
The mobile home shall be owned by the primary residence owner listed on the application and provided with approved water and sewage disposal systems, tiedowns, mobile home skirting, and landscaping which conforms to the property.
(c)
The mobile home shall be placed on the property so as to conform to all property line setbacks. Account shall be taken into the effect on the neighboring properties, and whether an alternative to mobile home placement is feasible. Proof and/or notarization of notification of all neighbors who are within 500 feet of the primary residence owner's property lines to be submitted to the Zoning Board of Appeals. Photo/blueprint of the proposed mobile home to be submitted with the application.
(d)
The permit shall be for a term of one year, with renewal/extension by the Zoning Board of Appeals upon receipt of written request for extension and proof of continued hardship submitted. Hardship verification to include a request from a physician.
(e)
The applicant agrees to the following: Such temporary permit shall expire 60 days after the relocation of the temporary mobile home resident(s) named on the application. A fine shall be imposed of $100 per day after the expiration date until the mobile home is removed at the (primary residence) applicant's expense.
C.
Farm and related farm activity. Permitted when:
(1)
Such farm is at least five acres in area, measured to the center line of the road.
(2)
No storage of manure or odor or dust producing substance is located within 100 feet of an adjoining lot line.
(3)
No industrial processes that create excessive noise and disturbance such as corn dryers shall be allowed within 200 feet of any residential lot.
(4)
In M-R Districts only, the commercial raising of livestock or poultry shall not be allowed as a part of such farm or activity. (See § 308-45D below.)
D.
Keeping and raising of horses and livestock for noncommercial purposes. Permitted when any parcel so used is at least five acres in area, measured to the center line of the road.
E.
Roadside stand - (See the definition of "roadside stand."[3]) Permitted when:
(1)
Such stand is located a minimum of 10 feet from the road right-of-way.
(2)
Off-street parking for at least three automobiles is available and is located so that vehicles can be parked completely off the road right-of-way and backing onto the road pavement can be avoided.
[3]
Editor's Note: See § 308-6, Definitions.
F.
Off-street parking. Must be provided, as an accessory use, in accordance with the provisions of § 308-9K, M and N, Schedule III, of this chapter.
G.
Home occupation. Permitted when:
(1)
The use is located in an owner-occupied dwelling unit, or in a building accessory to such a dwelling unit, and on the same lot. No more than 1,000 square feet of ground floor area in any accessory building shall be used for such home occupation.
(2)
The use is conducted by persons living in the dwelling unit and not more than one additional person who does not reside in such unit.
(3)
All activity, including storage, is conducted entirely within the dwelling unit or accessory building and no special construction or structural alteration is needed.
(4)
The use produces no unusual demand for parking and does not display or create outside the building any evidence of the home occupation except that one nonilluminated sign shall be permitted. [See § 308-45L(2)(e).]
(5)
No offensive noise, traffic, odor, smoke, dust, heat, glare or electrical disturbance is produced by the home occupation.
(6)
An application with appropriate fee has been submitted to and approved by the Building and Zoning Department and a permit is issued.
H.
Scientific research, manufacturing, fabrication, storage, food processing, general processing, assembly or packaging, warehousing and similar land use activity. Permitted when the following standards and regulations for such activity can be complied with:
(1)
Dust, smoke, smog, observable gas, fumes, odors or other atmospheric pollution will not be noticeable beyond the property line.
(2)
Objectionable noise, glare or vibration shall not be created.
(3)
No activity shall create a physical hazard by reason of fire, explosion, radiation or other such cause to persons or property in the same or adjacent district.
(4)
There shall be no discharge of any liquid or solid waste into any stream or body of water or any public or private disposal system or into the ground, or any materials of such nature as may contaminate any water supply, including groundwater supply.
(5)
There shall be no storage of any material either indoors or outdoors in such a manner that it facilitates the breeding of vermin or endangers health in any way.
(6)
The emission of smoke, fly ash or dust which can cause damage to the health of persons, animals or plant life or to other forms of property is prohibited.
(7)
All industrial processes shall take place within an enclosed building. Incidental storage of materials out of doors is permitted.
(8)
All such uses shall be set back from any side or rear property line a minimum of 25 feet or a distance equal to the height of the building, whichever is greater, and shall provide and maintain a planted buffer strip for a visual screen between the industrial use and adjoining properties.
(9)
Improved fire lanes shall be provided subject to review and approval by the Marion Fire Department.
(10)
All appropriate requirements of the New York State Uniform Fire Prevention and Building Code shall apply.
I.
Migrant labor camp. Permitted when such camp provides seasonal occupancy only, for one or more persons, and complies with the provisions of Title 10, Chapter 1, New York State Sanitary Code, Part 15, with certification of compliance from the Health Department. A mobile home may be used for a migrant camp dwelling when approved by the Health Department and any other regulatory agency with jurisdiction.
J.
Outdoor storage of not more than one each of boat, boat trailer, cargo trailer, camp trailer, snowmobile or similar seasonal vehicle. Permitted when such vehicle(s) are owned for personal use by a resident on the property, are in operating condition and conform to § 308-9G.
K.
Contractor's operation. Electrical, heating, plumbing, masonry, roofing, carpentry and similar activities. (Excluding heavy equipment operations.) Permitted when:
(1)
Occasional on-premises work:
(a)
Involves no more than three full-time employees.
(b)
Shall be conducted in a building.
(c)
Shall not create offensive noise, traffic, odor, smoke, dust, heat, glare or electrical disturbance.
(2)
No sign greater than two square feet in area is installed.
(3)
There is no outside storage of material, supplies or products.
(4)
The owner and operator of the business must reside on same premises as the business.
(5)
Parking of commercial vehicles shall adhere to § 308-9J of this chapter.
(6)
Accessory buildings used in conjunction with the contractor's operation may not exceed a ground floor area greater than 1,500 square feet.
L.
Sign. Permitted when erected and maintained in compliance with the following provisions:
(1)
General.
(a)
A zoning permit shall be required for the erection, or alteration, of any sign except as may be otherwise set forth in § 308-45L(2) of this Article IX.
(b)
Signs must be constructed of durable materials and maintained in good condition. If allowed to become dilapidated, they shall be repaired or removed within 30 days, by direction of the Code Enforcement Officer, at the owner's expense.
(c)
Signs, other than an official traffic sign, shall not be erected within the right-of-way lines of any street.
(d)
Signs shall not project beyond property lines and/or right-of-way.
(e)
All temporary signs erected for a special event shall be removed by the property owner or the individual requesting the placement of such signs when the circumstances leading to their erection no longer apply, unless otherwise specified in this § 308-45L.
(f)
For identical signs painted or installed on opposite sides of a board, standard or structure, only one side shall be measured in determining the area of such sign.
(2)
Signs for which a zoning permit is not required. The following types of signs are permitted without a zoning permit when such signs, if illuminated, are nonflashing:
(a)
Nameplates and identification signs not larger than two square feet in area.
(b)
Real estate sale or rental signs not larger than six square feet in area.
(c)
Institutional signs (churches, schools, etc.) not larger than 20 square feet in area and not less than 25 feet from a street line.
(d)
Temporary development signs which must be removed within 60 days after the construction is completed.
(e)
Home occupation signs which are to be not larger than two square feet.
(f)
Temporary political signs which must be removed within seven days from the date of the election to which they pertain.
(3)
Signs identifying or advertising a permitted business or industry.
(a)
Such signs must be located on the same premises as the land use activity they identify or advertise.
(b)
One sign may be placed on the front of a building for each permitted land use or activity. Unless otherwise specified in this chapter, such signs shall have a total area no greater than 5% of the area of the facade upon which it is located, with a maximum size of 50 square feet, shall not project more than 30 inches and, if illuminated, shall not be flashing or otherwise animated.
(c)
As an alternative to Subsection L(3)(b) above, each permitted land use activity, unless otherwise specified in this chapter, may have one freestanding sign which shall not exceed 25 square feet in area nor 15 feet in height. Such signs shall not extend over the property line and, if illuminated, shall not be flashing or otherwise animated.
(d)
As an alternative to Subsection L(3)(b) and (c) above, each permitted land use activity, unless otherwise specified in this chapter, may have one wall sign and one freestanding sign provided that the total area of both such signs does not exceed 50 square feet and the free standing sign does not exceed 20 square feet in area.
(e)
No signs shall be located on the roof of a building.
(f)
The limitation on sign area for business or industrial activities shall not apply to parking lot markers, directional signs, entrance and exit signs and similar signs erected on the premises provided that such signs do not exceed six square feet in area on any one side and contain no advertising.
(4)
Outdoor advertising signs (billboards). Such signs are not permitted in the Town of Marion.
M.
Cluster Residential Development in A-C, L-R, M-R and H-R Districts.
(1)
Planning Board approval of a site plan, in accordance with the provisions of §§ 308-34B(3) and 308-35 of this chapter, is required.
(2)
The project shall encompass a minimum land area of five acres and gross density shall not be more than the applicable density permitted for one-family dwellings in § 308-43, Schedule II.
(3)
The Planning Board shall be assured that any land designated permanent open space shall remain undeveloped, and in no case shall this land, exclusive of wetlands, flood hazard, and other bodies of water, be less than 25% of the total project area. Such land shall be offered for dedication to the Town Board. The Town Board is under no obligation to accept the dedication.
(4)
Planning Board review and determination shall be based on how well the proposed cluster development achieves the objective of providing adequate and efficient street layout, attractive building sites, adequate and economic utility installations and the preservation of natural and scenic qualities of open land.
(5)
To determine the number of dwelling units permitted in a cluster development pursuant to the provisions of § 278 of Town Law, the Planning Board may require the applicant to prepare a sketch plan of a conventional subdivision meeting all applicable standards of this chapter and Chapter 245, Subdivision of Land, of the Town of Marion, and all applicable state and federal regulations including sanitary, wetlands, and flood hazard standards.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
N.
Public utility substation and transmission line in all districts.
(1)
Planning Board approval of a site plan, in accordance with the provisions of § 308-34B(3) of this chapter, is required.
(2)
The proposed installation in a specific location shall be necessary and convenient for the efficiency of the public utility system or the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located.
(3)
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 of the zone in which it is located.
(4)
Adequate and attractive fences and other safety devices will be provided around all substations.
(5)
A landscaped buffer strip at least 20 feet in width shall be provided around the perimeter of the property of all substations and buildings. (See the definition of "buffer strip."[5])
[5]
Editor's Note: See § 308-6, Definitions.
(6)
The sighting of any substation building or transmission line shall be such that any negative visual impact is minimized.
(7)
The Town Board shall determine that there are no serious health hazards related to such installation in order for approval to be granted.
O.
Shopping Center in A-C, L-R, and B-1 Districts.
(1)
Planning Board approval in accordance with the provisions of § 308-34B(3) of this chapter, is required.
(2)
Details and site plan shall be required per § 308-28.
(3)
Shall include at least five acres under single ownership or control.
(4)
Off-street parking and loading shall be provided in accordance with the standards set forth in § 308-45F of this chapter.
(5)
Parking areas shall be provided with islands, trees, berm and other forms of landscaping to visually interrupt large areas of pavement. Parking areas shall be separated from any property line by a landscaped buffer strip at least 25 feet wide.
(6)
One freestanding sign of 150 square feet or less shall be permitted for each center, plus one facade sign for each establishment located on or near such establishment as determined by § 308-45L(3)(b) of this chapter.
(7)
All site lighting used in the shopping center shall be designed and located so as to produce no glare on adjacent property and roads.
P.
Planned unit development (PUD) in all districts. The following regulations shall apply in all Planned Development Districts which may be created to enable the unified development of a substantial land area with such combination of structures and uses as shall be appropriate to an integrated plan for the area.
(1)
Statement of intent and objectives.
(a)
Intent.
[1]
It is the intent of this Planned Unit Development (PUD) Section to provide flexible land use and design regulations through the use of performance criteria so that small-to-large scale neighborhoods or portions thereof may be developed within the Town that incorporate a variety of residential types and nonresidential uses, and contain both individual building sites and common property which are planned and developed as a unit. Such a planned unit is to be designed and organized so as to be capable of satisfactory use and operation as a separate entity without necessarily needing the participation of other building sites or other common property in order to function as a neighborhood. This section specifically encourages innovations in residential development so that the growing demands for housing at all economic levels may be met by greater variety in type, design, and siting of dwellings and by the conservation and more efficient use of land in such developments.
[2]
This section recognizes that while the standard zoning function (use and bulk) and the subdivision function (platting and design) are appropriate for the regulation of land use in areas or neighborhoods that are already substantially developed, these controls represent a type of preregulation, regulatory rigidity and uniformity which may be inimical to the techniques of land development contained in the planned unit development concept. Further, this section recognizes that a rigid set of space requirements along with bulk and use specifications would frustrate the application of this concept. Thus, where PUD techniques are deemed appropriate through the rezoning of land to a Planned Unit Development District by the Town Board, the set of use and dimensional specifications elsewhere in this chapter (See § 308-42, Schedule I, and § 308-43, Schedule II.) are herein replaced by an approved process in which an approved plan becomes the basis for continuing land use controls.
(b)
Objectives. In order to carry out the intent of this section, a PUD shall achieve the following objectives:
[1]
A maximum choice in the types of environment, occupancy tenure (e.g., cooperatives, individual ownership, condominium, leasing), types of housing, lot sizes and community facilities available to existing and potential Town residents at all economic levels;
[2]
More usable open space and recreation areas;
[3]
More convenience in location of accessory commercial and service areas;
[4]
The preservation of trees, outstanding natural topography and geologic features and prevention of soil erosion;
[5]
A creative use of land and related physical development which allows an orderly transition of land from rural to urban uses;
[6]
An efficient use of land resulting in smaller networks of utilities and streets and thereby lower housing costs;
[7]
A development pattern in harmony with the objectives of the Comprehensive Plan;
[8]
A more desirable environment than would be possible through the strict application of other requirements of this chapter.
(2)
General requirements for planned unit development.
(a)
Minimum area. Under normal circumstances, the minimum area requirements to qualify for a Planned Unit Development District shall be 75 contiguous acres of land. Where the applicant can demonstrate that the characteristics of his holdings will meet the objectives of this section, the Planning Board may consider projects with less acreage.
(b)
Ownership. The tract of land for a project may be owned, leased or controlled either by a single person, or corporation or by a group of individuals or corporations. An application must be filed by the owner or jointly by owners of all property included in a project. In the case of multiple ownership, the approved plan shall be binding on all owners.
(c)
Location of PUD District. The PUD District shall be applicable to any area of the Town where the applicant can demonstrate that the characteristics of his holdings will meet the objectives of this section.
(d)
Permitted uses. All uses within an area designated as a PUD District are determined by the provisions of this section and the approval of the project concerned. The proposed use shall not adversely affect surrounding development outside the PUD area.
[1]
Residential uses. Residences may be of any variety of types. In developing a balanced community, the use of a variety of housing types and densities shall be deemed most in keeping with this section. In keeping with the objectives found in § 308-45P(1)(b)[1] and [6], the developer must demonstrate that he/she is reaching as broad an economic market as possible. In making these determinations, the Planning Board shall consider the size of the site, its location with respect to community services and facilities, transportation, and area-wide market surveys as are available from several sources in Wayne County. Developers may avail themselves of such state, federal and other housing programs as may be available to accomplish these objectives.
[2]
Commercial, service and other nonresidential uses.
[3]
Public and private institutional and recreational facilities.
[4]
Office, research and manufacturing uses.
[5]
Open space.
(e)
Intensity of land use. Because land is used more efficiently in a PUD District, improved environmental quality can often be produced with a greater number of dwelling units per gross building area than usually permitted in traditionally zoned districts. The Town Board shall determine in each case the appropriate land use intensity and/or dwelling unit density for individual projects. The determination of land use intensity ratings or dwelling unit densities shall be completely documented, including all facts, opinions and judgments justifying the selection of the rating or density.
(f)
Common property in the PUD. Common property in a PUD District is a parcel or parcels of land, together with the improvements thereon, the use and enjoyment of which is shared by the owners and occupants of the individual building sites and surrounding community. When common property exists, unless approved by the Town Board as public property, the ownership of such property shall remain private. When common property exists in private ownership, satisfactory arrangements must be made for the improvement, operation and maintenance of such common property and facilities, including private streets, drives, service and parking areas and recreational and open space areas. The Town Board reserves the right to approve or disapprove such arrangements.
(g)
Roads and utilities. The developer shall provide all necessary water and sewer facilities, storm drainage, highway access, paved streets, parking and loading facilities, streetlighting, sidewalks, and/or paved gutters and curbs as shall be required by the Planning Board except as may otherwise be provided through state, county or federal programs.
(3)
Planned unit development application procedure and PUD District approval process.
(a)
General. Whenever any planned unit development is proposed, before any permit for the erection of a permanent building in such planned unit development shall be granted, and before any subdivision plat of any part thereof may be filed in the office of the Wayne County Clerk, the developer or his/her authorized agent shall apply for and secure approval of such planned unit in accordance with the following procedures.
(b)
Application for sketch plan approval.
[1]
In order to allow the Planning Board and the developer to reach an understanding on basic design requirements prior to detailed design investment, the developer shall submit 12 copies of a sketch plan of his proposal to the Planning Board. The sketch plan shall be approximately to scale, though it need not be to the precision of finished engineering drawing. The developer should be aware that at all subsequent stages, plans must be prepared by professionally competent site planners. Thus, he is advised to engage such persons at the earliest necessary time. The sketch plan shall clearly show the following information:
[a]
The location and type of the various uses and their areas in acres;
[b]
The general outlines of the interior roadway system and all existing rights-of-way and easements, whether public or private;
[c]
Delineation of the various residential areas indicating for each such area its general extent, size and composition in terms of total number of dwelling units, approximate percentage allocation by dwelling unit type (i.e., single-family detached, duplex, townhouse, garden apartments, high-rise), and general description of the intended market structure (i.e., luxury, middle-income, moderate-income, elderly units, family units, etc.); plus a calculation of the residential density in dwelling units per gross acre (total area including interior roadways) for each such area;
[d]
The interior open space system;
[e]
The overall drainage system;
[f]
If grades exceed 3%, or portions of the site have a moderate-to-high susceptibility to erosion or a moderate-to-high susceptibility to flooding and ponding, a topographic map showing contour intervals of not more than five feet of elevation shall be provided along with an overlay outlining the above susceptible soil areas, if any;
[g]
Principal ties to the community at large with respect to transportation, water supply, and sewage disposal;
[h]
General description of the provision of other community facilities, such as schools, fire-protection services, and cultural facilities, if any, and some indication of how these needs are proposed to be accommodated;
[i]
A location map showing uses and ownership of abutting lands.
[2]
In addition, 12 copies of the following documentation shall accompany the sketch plan:
[a]
Evidence of how the developer's particular mix of land uses meets existing community demands to include area-wide as well as local considerations;
[b]
Evidence of the developer's compliance with the provisions of § 308-45P(2)(d)[1], with respect to the provision of an adequate mix of housing for all economic levels;
[c]
Evidence that the proposal is compatible with the goals of local and area-wide Comprehensive Plans, if any;
[d]
Evidence as may be required by the Planning Board in Subsection P(3)(b)[2][a], [b], [c], above, may be in the form of specific studies or reports initiated by the developer or in the form of references to existing studies or reports relevant to the project in question;
[e]
General statement as to how common open space is to be owned and maintained;
[f]
If the development is to be staged, a general indication of how the staging is to proceed. Whether or not the development is to be staged, the sketch plan of this section shall show the intended total project [See § 308-45P(4)(d).];
[g]
Evidence of any sort in the applicant's own behalf to demonstrate his competence to carry out the plan and his awareness of the scope of such a project, both physical and financial.
[3]
The Planning Board shall review the sketch plan and its related documents; and shall render either a favorable report to the Town Board or an unfavorable report to the applicant.
[a]
A favorable report shall include a recommendation to the Town Board that a public hearing be held for the purpose of considering establishment of a PUD Zoning District. It shall be based on the following findings which shall be included as part of the report:
[i]
The proposal conforms to the Comprehensive Plan.
[ii]
The proposal meets the intent and objectives of planned unit development as expressed in § 308-45P(1).
[iii]
The proposal meets all the general requirements of § 308-45P(2).
[iv]
The proposal is conceptually sound in that it meets local and area-wide needs and it conforms to accepted design principles in the proposed functional roadway and pedestrian system, land use configuration, open space system, drainage system, and scale of the elements both absolutely and to one another.
[v]
There are adequate services and utilities available or proposed to be made available in the construction of the development.
[vi]
The requirements of the State Environmental Review Act (SEQR) shall be complied with.[6]
[6]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[b]
An unfavorable report shall state clearly the reasons therefor and, if appropriate, point out to the applicant what might be accomplished in order to receive a favorable report. The applicant may, within 10 days after receiving an unfavorable report, file a petition to the Town Board for establishing a PUD District. The Town Board may then determine on its own initiative whether or not it wishes to call a public hearing and consider rezoning the subject site to a PUD District.
[4]
The Chairman of the Planning Board shall certify when all of the necessary application material has been presented; and the Planning Board shall submit its report to the Town Board within 60 days of such certification. If no report has been rendered after 60 days, the applicant may proceed as if a favorable report were given to the Town Board.
(c)
Petition and public hearing for PUD districting.
[1]
Upon receipt of a favorable report from the Planning Board, or upon its own determination subsequent to an appeal from an unfavorable report, the Town Board shall set a date for and conduct a public hearing for the purpose of considering PUD districting for the applicant's plan in accordance with the procedures established under §§ 264 and 265 of the Town Law or other applicable law. Said public hearing shall be conducted within 62 days of the receipt of the favorable report or the decision on appeal from an unfavorable report.[7]
[7]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
The Town Board shall refer the application to the County Planning Board for its analysis and recommendations; pursuant to the provisions of § 239-m of the General Municipal Law and the provisions of this section and the Town Board shall also refer the application to the Town Engineer for his review.
[a]
The Town Board shall give the County Planning Board at least 30 days to render its report.
[b]
The Town Engineer shall submit a report to the Town Board within 30 days of the referral, duly noting the feasibility and adequacy of those design elements under his sphere of interest. This report need only concern itself at this time with general conceptual acceptance or disapproval, as the case may be, and in no way implies any future acceptance or rejection of detailed design elements as will be required in the later site plan review stage. The Town Engineer may also state in his report any other conditions or problems that must be overcome before consideration of acceptance on his part.
[c]
Within 62 days after the public hearing, the Town Board shall render its decision on the application.[8]
[8]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(d)
Zoning for planned unit development. If the Town Board grants the PUD districting, the Zoning Map shall be so notated. The Town Board may, if it feels it necessary in order to fully protect the public health, safety, and welfare of the community, attach to its zoning resolution any additional conditions or requirements for the applicant to meet. Such requirements may include, but are not confined to, visual and acoustical screening, land use mixes, order of construction and/or occupancy, circulation systems both vehicular and pedestrian, availability of sites within the area for necessary public services such as schools, fire houses, and libraries, protection of natural and/or historic sites, and other such physical or social demands. The Town Board shall state at this time its findings with respect to the land use intensity or dwelling unit density as called for in § 308-45P(2)(e).
(4)
Site plan approval process.
(a)
Application for preliminary site plan approval. Application for preliminary and final site plan approval shall be to the Planning Board and shall be accompanied by information prepared by a licensed engineer, architect and/or landscape architect following requirements, procedures and development standards outlined in the Chapter 245, Subdivision of Land, of the Code of the Town of Marion. In its review the Planning Board may consult with the Town Engineer and other Town and county officials, as well as with representatives of federal and state agencies including the Soil Conservation Service and the New York State Department of Conservation. The Planning Board may also require such additional provisions and conditions that appear necessary for the public health, safety and general welfare. (See Chapter 245, Subdivision of Land.)
(b)
In addition to requirements and development standards stated in Chapter 245, Subdivision of Land, the following shall be included for consideration:
[1]
Adequacy and arrangement of pedestrian traffic access and circulation including intersections, road widths, channelization structures and traffic controls.
[2]
Adequacy and arrangement of pedestrian traffic access and circulation including: separation of pedestrian from vehicular traffic, walkway structures, control of intersections with vehicular traffic, and pedestrian convenience.
[3]
Location, arrangement, appearance and sufficiency of off-street parking and loading.
[4]
Location, arrangement, size and design of buildings, lighting and signs.
[5]
Relationship of the various uses to one another and their scale.
[6]
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or a noise deterring buffer between adjacent uses and adjoining lands.
[7]
Adequacy and distribution of usable open space for playgrounds and informal recreation.
[8]
Adequacy of stormwater and sanitary waste disposal facilities.
[9]
Adequacy of structures, roadways and landscaping in areas with moderate to high susceptibility to flooding and ponding and/or erosion.
[10]
Protection of adjacent properties against noise, glare, unsightliness, or other objectionable features.
[11]
Overall environmental impact.
[12]
Conformance with other specific charges of the Town Board which may have been stated in the zoning resolution.
[13]
The proposed design shall take full advantage of the possibilities for a unified development which preserves scenic features and physical amenities of the site.
[14]
All buildings shall be arranged so as to be accessible to service and emergency vehicles.
[15]
Approved utility support systems (water, sewerage, electricity) shall be required. Electric distribution and telephone lines shall be put underground.
[16]
All provisions of this chapter related to signs and off-street parking and loading shall be complied with as shall any other provisions imposed in the review process.
[17]
Any proposed nonresidential land uses shall be compatible in nature, size and location with the surrounding neighborhood and shall not create detrimental influences inside or outside the boundaries of the PUD.
(c)
Request for changes in sketch plan. If in the site plan development it becomes apparent that certain elements of the sketch plan, as it has been approved by the Town Board, are unfeasible and in need of significant modification, the applicant shall then present his solution to the Planning Board as his preliminary site plan in accordance with the above procedures. The Planning Board shall then determine whether or not the modified plan is still in keeping with the intent of the zoning resolution. If a negative decision is reached, the site plan shall be considered as disapproved. The developer may then, if he wishes, produce another site plan in conformance with the approved sketch plan. If an affirmative decision is reached, the Planning Board shall so notify the Town Board stating all of the particulars of the matter and its reasons for feeling the project should be continued as modified. Preliminary site plan approval may then be given only with the consent of the Town Board.
(d)
Staging. If the applicant wishes to stage his development, and he has so indicated as per § 308-45P(3)(b)[2][f], then he may submit only those stages he wishes to develop for site plan approval in accordance with his staging plan. Any plan which requires more than 24 months to be completed shall be required to be staged; and a staging plan must be developed. It is the intent of this chapter that individual stages of the PUD will have an integrity of use in their own right so that, if for any reason, the entire PUD would not be completed, those portions of the PUD already constructed will be an asset to the community by themselves. Staging plans must take account of this objective, and developers proposing individual stages that deviate significantly from the overall character of the PUD should present convincing evidence that such a stage is indeed in keeping with this section.
(5)
Other regulations applicable to planned unit developments.
(a)
Regulation after initial construction and occupancy. For the purpose of regulating development and use of property after initial construction and occupancy, any changes other than use changes shall be processed as a special permit request to the Planning Board. Use changes shall also be in the form of a request for special permit except that Town Board approval shall be required. It shall be noted, however that properties lying in Planned Unit Development Districts are unique and shall be so considered by the Planning Board or Town Board when evaluating these requests; and maintenance of the intent and function of the planned unit shall be of primary importance.
(b)
Land development regulations and construction specifications. All provisions of the Land Development Regulations and construction specification currently in use by the Planning Board shall be applicable for development under this section.
(6)
Financial responsibility. No building permits shall be issued for construction within a PUD District until improvements are installed or performance bond or letter of credit posted in accordance with the same procedures as provided for in § 245-8 of Chapter 245, Subdivision of Land, of the Code of the Town of Marion. Other such requirements may also be established from time to time by the Town Board. Cost of the Town Engineer review and site inspections shall be born by the applicant. (See § 308-30, Fees, deposits and securities.)
[1]
Editor's Note: See § 308-6, Definitions.
§ 308-46 Special permits.
[Amended 10-10-2023 by L.L. No. 6-2023]
A.
General requirements. Authorization for any special permit may be conditioned upon the provision of adequate safeguards to protect the health, safety and general welfare of the public and to mitigate possible detrimental effects on adjacent property. To this end, before a special permit is authorized, the Zoning Board of Appeals shall have determined that the following general requirements will be complied with as well as any other applicable requirements for certain special land uses and activities as may be set forth in § 308-46B of this chapter.
(1)
That the land use activity is so designed, located and proposed to be operated that the public health, safety, welfare and convenience will be protected.
(2)
That existence of the proposed land use activity will not cause substantial injury to the value of other property in the neighborhood where it is to be located.
(3)
That the proposed land use activity will be compatible with adjoining development and the implied character of the zone district where it is to be located.
(4)
That adequate landscaping and screening is provided as may be required in § 308-46B of this chapter.
(5)
That adequate off-street parking and loading are provided and ingress and egress are so designed as to cause minimum interference with traffic on abutting streets.
(6)
That the proposed development shall minimize erosion and shall not produce increased surface water runoff onto abutting properties.
(7)
That existing public roads and utilities serving the proposed project shall be determined to be adequate.
(8)
That the proposed use or activity conforms with all applicable regulations governing the district where located, except as may otherwise be set forth elsewhere in § 308-46B of this chapter.
B.
Specific requirements. In addition to the general requirements for a special permit as set forth above, the specific requirements for certain special land use activities, as set forth in this § 308-46B, shall be complied with.
(1)
Multiple-family dwelling (new construction) in A-C, L-R, and M-R Districts.
(a)
The applicant shall submit to the Zoning Board of Appeals a site plan showing all proposed structures, roadways, pathways, parking areas, recreation areas, water, sewer and site lighting installations and landscaping. Also to be shown on such site plan are existing structures, drainage ways, large trees or tree masses, wetland or floodplain areas and adjacent land uses within 200 feet from the proposed multiple-family site.
(b)
In making its review and determination the Zoning Board of Appeals shall be satisfied that vehicular access is adequate in terms of location, size, grade, visibility and design, that parking is adequate, well constructed and efficiently located, that suitable provision has been made for light, air and privacy in the arrangement of buildings and that landscaping of parking areas, driveways and open space will be provided.
(c)
See § 308-46A. General requirements are applicable.
(2)
One or more dwellings on upper floors of a commercial structure in B-1 District.
(a)
The ground floor of such structure is to be used only for a commercial use which is permitted by § 308-42, Schedule I, or for which a special permit has been authorized.
(b)
Off-street parking required by § 308-9N, Schedule III, of this chapter. (See § 308-9M.) shall be provided.
(c)
Applicable provisions of the New York State Uniform Fire Prevention and Building Code shall be complied with.
(d)
See § 308-46A. General requirements are applicable.
(3)
Professional business offices. Permitted when:
(a)
A site plan has been reviewed by the Planning Board, including placement of buildings, parking and loading provisions and design and placement of any sign proposed.
(b)
No parking space is less than eight feet from any property line.
(c)
Parking areas which accommodate more than 10 cars are landscaped in accordance with an approved plan.
(4)
Kennel in A-C District. Pens and exercise runways shall be completely enclosed within a building or, if not so enclosed, shall be located at least 300 feet from any property line. (See § 308-46A. General requirements are applicable.)
(5)
Neighborhood convenience retail store in M-R, H-R, and B-1 Districts.
(a)
Zoning Board of Appeals approval, in accordance with the provisions of § 308-32B(6)(a), (b) and (c) of this chapter, is required.
(b)
Required off-street parking shall be set back from any property line by a landscaped buffer strip at least 10 feet wide and shall be provided with well-defined and safe driveways no greater than 30 feet in width.
(c)
See § 308-46A. General requirements are applicable.
(6)
Vehicle body shop I-1 Districts. Areas used for the temporary parking of vehicles awaiting repair shall be located no less than 50 feet from any street line and 75 feet from the property line of any adjacent residential lot. Such storage areas shall be screened from direct public view by trees, shrubs, and/or other forms of landscaping as may be required, such as visually solid fencing. (See § 308-46A. General requirements are applicable.)
(7)
Planned business area in B-1 and I-1 Districts.
(a)
Planning Board review and recommendation of a site plan, in accordance with the provisions of §§ 308-32B(10) and 308-34B(2) of this chapter, is required.
(b)
Only uses similar to those permitted in the B-1 District shall be permitted in a planned business area.
(c)
The proposed development shall be constructed in accordance with an overall plan for the entire area and shall be designed with a single architectural scheme with appropriate common landscaping. The development shall provide initially for the construction of either a minimum of 8,000 square feet of ground floor area or a minimum of six establishments.
(d)
Parking areas shall be provided with islands of trees, berm and other forms of landscaping to visually interrupt large areas of pavement. Parking areas shall be separated from any street or adjacent residential property line by a landscaped buffer strip at least 25 feet wide.
(e)
All site lighting shall be designed and located so as to produce no glare on adjacent property and roads.
(f)
See § 308-46A. General requirements are applicable.
(8)
Motor vehicle fuel station, including self-service, and gasoline-convenience mart in M-R and B-1 Districts.
(a)
Zoning Board of Appeals approval and Planning Board review and recommendation of a site plan, in accordance with the provisions of §§ 308-32B(10) and 308-34B(2) of this chapter, is required.
(b)
The site plan submitted shall show the number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground, the number and location of pumps to be installed and the type of structure and accessory buildings to be constructed.
(c)
No motor vehicle service station or public garage shall be located within 500 feet of any public entrance to a church, school, library, hospital or place or public assembly. Such distance shall be measured in a straight line from said public entrance to the lot line nearest said entrance along the street line.
(d)
All fuel pumps shall be located at least 20 feet from any street or property line.
(e)
Any repair of motor vehicles shall be performed in a fully enclosed building and not more than five motor vehicles shall be offered for sale on the site. No motor vehicle parts or partially dismantled motor vehicles shall be stored outside of an enclosed building.
(f)
Where a motor vehicle service station abuts an existing residential lot, it shall be screened by a buffer strip no less than 10 feet in depth composed of evergreen shrubbery, solid fencing or a combination of both which, in the opinion of the Zoning Board of Appeals, will be adequate to prevent the transmission of headlight glare across the zone boundary line. Such buffer strip shall have a minimum height of six feet above finished grade. 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 may direct the property owner to replace such shrubs.
(g)
Access drives shall be well-defined by curbs and shall be no greater than 30 feet in width.
(h)
In addition to the sign requirements specified in § 308-45L(3)(b) of this chapter, each motor vehicle service station shall be permitted to have one freestanding sign, provided that such sign shall not exceed 20 square feet in area on either of two sides and shall be hung within the property line and no less than 10 feet, nor more than 25 feet, above the ground.
(i)
See § 308-46A. General requirements are applicable.
(9)
Heavy equipment operations in A-C and I-1 Districts.
(a)
Equipment shall be stored in an enclosed building.
(b)
Maintenance and repair shall be done within an enclosed building.
(c)
Shall be no outdoor storage of products or materials.
(d)
The number of vehicles shall be limited to that established by the Zoning Board of Appeals.
(e)
Expansion of such business shall be in accordance with § 308-25D(3) of this chapter.
(f)
See § 308-46A. General requirements are applicable.
(10)
Excavation operation in A-C District.
(a)
Planning Board review and recommendation of a site plan, in accordance with the provisions of §§ 308-32B(10) and 308-34B(2) of this chapter, is required.
(b)
A plan for restoration of the excavation area, including the dismantling and removal of buildings and equipment and proposed final contour lines, shall be submitted with the special permit application.
(c)
The minimum lot area for any such use shall be 10 acres; all buildings and excavation operations shall be located or shall occur not less than 200 feet from any street or property lines. Where excavations are to exceed a depth of four feet, the Zoning Board of Appeals may require fencing or some similarly effective barrier at least six feet in height.
(d)
Such use will not be permitted when, the character of the surrounding land is essentially residential; that is, when an area within 2,500 feet of the proposed excavation lot is developed for housing to the extent of 50% of the maximum density possible.
(e)
All excavations not made to a water-producing depth must be graded and backfilled. Deeper excavations shall be properly sloped and seeded to the water line with bank slanted to reduce erosion.
(f)
The Zoning Board of Appeals may require a performance bond or some other financial guarantee that the conditions of the granting of the special permit are carried out.
(g)
See § 308-46A. General requirements are applicable.
(11)
Community residence and family care facility in A-C, L-R, M-R and H-R Districts.
(a)
Shall adhere to all state regulations governing such facilities.
(b)
Shall provide site plan of proposed area to demonstrate adequate parking, recreation areas, and vehicular access. (See § 308-28B.)
(c)
See § 308-46A. General requirements are applicable.
(12)
Mobile home park in A-C District.
(a)
Authorization. A mobile home park will be permitted in an A-C District only, when the Zoning Board of Appeals has determined that the provisions of this § 308-46B(12) have been complied with. Planning Board site plan review and recommendation to the Zoning Board of Appeals is required.
(b)
Renewable special permit. When authorized by the Zoning Board of Appeals, the Code Enforcement Officer shall issue a renewable special permit for a mobile home park, which permit shall be renewed every two years from the date of first issuance. Such renewal will be made after the Code Enforcement Officer has determined that no violations of this § 308-46B(12) or of the conditions of the special permit, have been found. Any change of ownership shall require that the special permit be renewed within 60 days of taking possession of the park.
(c)
Application. Application for a permit for a mobile home park shall be submitted to the Code Enforcement Officer in triplicate and shall include:
[1]
Name and address of the applicant and name and address of owner of land where the park is to be located.
[2]
Map showing the general location of the park and its relationship to the existing road system.
[3]
Preliminary plan of the park showing how the environmental standards set forth in this § 308-46B(12) have been met.
[4]
Provisions for water supply and sewage disposal.
[5]
Topography and soils of the site including all areas which are wet or subject to flooding.
[6]
Construction standards for all park roadways.
[7]
A statement of all contemplated rules, regulations, restrictions and fees applying in the park including entrance requirements, management and tenant responsibilities, entrance or exit fees and security deposits.
(d)
Procedure.
[1]
The Code Enforcement Officer shall transmit one copy of the application to the Zoning Board of Appeals, one copy to the Planning Board for site plan review and shall retain one copy.
[2]
The Planning Board shall make recommendation on site plan to the Zoning Board of Appeals [See §§ 308-34B(2) and 308-32B(10).], whereupon the Zoning Board may approve, conditionally approve, or disapprove the proposed mobile home park in accordance with § 308-32B(5), (6) and C of this chapter.
[3]
Upon conditional approval of the application by the Zoning Board of Appeals, the applicant shall proceed with final plans incorporating any conditions attached to said conditional approval. Such final plans must be reviewed and approved by the Zoning Board of Appeals.
[4]
Upon final site plan approval for all or a portion of the proposed park, the renewable special permit shall be issued by the Code Enforcement Officer for the approved portion of the park.
[5]
When construction is completed in accordance with the approved final plan a certificate of compliance shall be issued by the Code Enforcement Officer. (See §§ 308-25E and 308-27.)
(e)
Environmental standards.
[1]
Size. The minimum area of a mobile home park shall be 10 acres and the minimum of units provided for shall be 10.
[2]
Location. The park shall be located and laid out so that no mobile home is less than 1,500 feet from any existing one- or two-family dwelling.
[3]
Density and lot size. The density of development shall not exceed 5.0 units per gross acre of site to be developed. Generally, a mobile home lot shall have a minimum area of 7,000 square feet and a minimum width of 55 feet.
[4]
Separation. Mobile home units may be positioned in a variety of ways within the park, provided that a minimum horizontal separation of 30 feet is maintained between units.
[5]
Setback. No mobile home shall be located less than 25 feet from the pavement edge of a private street or 60 feet from the right-of-way line of any public street. A minimum of 40 feet shall be maintained between all units and any property line which is not a street right-of-way line.
[6]
Roads. All private roads within the mobile home park shall be paved or provided with a dust-free surface at least 20 feet wide. Any public roads within the park shall have a sixty-foot right-of-way and be improved to the construction standards for minor streets as set forth in the Chapter 245, Subdivision of Land.
[7]
Sight lines. Entrances and exits shall be so located as to provide a minimum sight distance along the adjacent public road of not less than 300 feet in both directions.
[8]
Parking. Two off-street parking spaces shall be provided for each mobile home site. Such spaces may be located on the individual lot or grouped to serve two or more mobile home sites. A supplemental parking area for the group storage or temporary parking of travel trailers, campers, boats, snowmobiles and similar auxiliary vehicles shall be provided in each mobile home park in a location removed from the mobile home living units.
[9]
Open space. Usable and easily accessible recreation areas shall be provided for park occupants. At least 400 square feet of open space per mobile home unit shall be included in the plan with a total minimum requirement of 10,000 square feet.
[10]
Mobile home stand. Each mobile home site shall be provided with a stand of concrete or compacted gravel which will give a firm base and adequate support for the mobile home. Such stand shall have a dimension approximating the width and length of the home and any expansions or extensions or extensions thereto. Tie-downs shall conform to generally accepted standards of the New York State Code.
[11]
Mobile home installation. At the time of installation, the mobile home unit shall be securely blocked, leveled, tied down and connected to the required utility systems and support services. The mobile home shall be completely skirted within 90 days of occupancy. Materials used for skirting shall provide a finished exterior appearance and no exposed wallboard, building paper or similar unfinished material will be permitted.
[12]
Walks. Each mobile home site shall be provided with a walkway from the stand or patio to the street or to a driveway or parking area connecting to the street.
[13]
Landscaping. Exposed ground surfaces in all parts of a mobile home park, excluding roadways, shall be surfaced with crushed stone or other solid material or protected with grass or plant material to prevent erosion and reduce dust.
[14]
Water supply. If a public water supply is available at the site, or within 500 feet of the site, the mobile home park must be hooked into such system. When a public water supply is not available, an approved private supply and system shall be established. The design and construction of all components of such system shall be subject to the inspection and approval of the New York State Health Department or New York State DEC.
[15]
Sewage disposal. If a public sewerage system is available at the site, or within 500 feet of the site, the mobile home park must be hooked into such system. When public sewage disposal is not available, an approved private system shall be established. The design and construction of all components of such system shall be subject to the inspection and approval of the New York State Health Department or New York State DEC.
[16]
Solid waste disposal. Provisions shall be made and approved for the storage, collection and disposal of solid waste in a manner that will cause no health hazards, rodent harborage, insect breeding areas, fire hazards or air pollution. Storage areas for solid waste containers shall be enclosed or otherwise screened from public view.
[17]
Lighting. Mobile home parks shall be provided with lighting sufficient to illuminate streets, driveways and walkways.
[18]
Fuel systems. Mobile home parks shall be provided with facilities for the safe storage of necessary fuels. Natural gas installations, if used, shall be planned and installed so that components and workmanship comply with the requirements of the American Gas Association, Inc. Fuel oil systems shall be designed, constructed, inspected and maintained in conformance with the provisions of National Fire Protection Association, Standard 30. Liquefied petroleum gas systems shall be selected, installed and maintained in compliance with the requirements of National Fire Protection Association, Standard 58.
[19]
Fire protection. Fire hydrants shall be installed in accordance with local requirements.
[20]
Mail service. Mailbox location shall provide safe and easy access for the pickup and delivery of mail. Mailboxes grouped for cluster delivery shall be located so that stopping for pickup and delivery shall not occur on the public right-of-way, or in such a manner that any private access road is blocked from normal flow of traffic.
(f)
Inspection and enforcement.
[1]
Inspection. It shall be the duty of the Code Enforcement Officer to make the inspections required for renewal of the special permit every two years. Such inspection shall be carried out at reasonable times, after prior notice to the park operator, and, in emergencies, whenever necessary to protect the public health, safety or welfare.
[2]
Order. Upon determination by the Code Enforcement Officer that there has been a violation of any provisions of this § 308-46B(12), he shall serve upon the holder of the special permit for such mobile home park an initial order, in writing, directing that the conditions therein specified be corrected within a time period to be specified by the Enforcement Officer but in no case more than 90 days after the date of delivery of such order. The order shall also contain an outline of remedial action which, if taken, will effect compliance. A copy of such order shall be transmitted to the Town Board.
[3]
Notice. If, after the expiration of such ninety-day or other relevant time period, such violations are not corrected, the Code Enforcement Officer, if so authorized by the Town Board, shall serve notice in writing upon such mobile home park operator requiring the holder of the park special permit to appear before the Town Board, at a time to be specified in such notice, to show cause why the mobile home park special permit should not be revoked. Such hearing before the Town Board shall occur not less than 15 days after the date of service of said notice by the Code Enforcement Officer.
[4]
Determination. Within 30 days after the hearing at which the testimony of the Code Enforcement Officer and the holder of the mobile home park special permit shall be heard, the Town Board shall make a determination sustaining, modifying or withdrawing the order issued by the Code Enforcement Officer. Failure to abide by any Town Board determination to sustain or modify the initial order, and to take corrective action accordingly, shall be cause for the revocation of the special permit affected by such order and determination and closing of the mobile home park.
(g)
Existing mobile home parks. A mobile home park which exists in the Town of Marion at the time of enactment of this chapter shall be subject to the following requirements and procedures:
[1]
The owner or operator of any existing mobile home park shall apply to the Code Enforcement Officer for a temporary permit for such mobile home park. Application shall be made within 90 days from the date of enactment of this chapter.
[2]
Such temporary permit shall expire one year from the date of issuance. During such one-year period, the park owner or operator and the Town Board shall agree upon a plan and timetable for bringing the existing mobile home park into reasonable compliance with the Environmental Standards set forth in Subsection B(12)(e) above. If no such plan and timetable for compliance is agreed upon, the one-year temporary permit shall expire and the mobile home park shall be in violation of this chapter.
[3]
If a plan and timetable for bringing the mobile home park into reasonable compliance with Subsection B(12)(e) has been agreed upon, the Town Board shall authorize the Code Enforcement Officer to extend the temporary permit for three years during which time the park owner or operator shall implement such agreed upon plan. Such temporary permit may be extended by up to three additional years by the Town Board if the owner or operator demonstrates that substantial progress is being made to bring the mobile home park into compliance.
[4]
If the agreed upon plan for bringing the existing mobile home park into compliance has not been implemented at the end of the temporary permit period approved by the Town Board, the permit shall expire and the mobile home park shall be in violation of this chapter.
[5]
After an existing mobile home park has been brought into compliance, in accordance with the agreed-upon plan and timetable, such mobile home park shall thereafter continue to be governed by all the applicable provisions of this § 308-46B(12), including biannual renewal of the special permit required by Subsection B(12)(b) herein.
[6]
Any additions to an existing mobile home park shall comply with all applicable provisions of this § 308-46B(12).
[7]
If there is a change of ownership of an existing mobile home park, a new permit shall be required to be obtained by the new owner within 60 days of taking possession of the park.
(13)
Junkyard in A-C and I-1 Districts (See § 308-6, the definition of "junkyard.").
(a)
No person shall operate, establish or maintain a junkyard until said person has obtained a permit to operate a junkyard business specifying approval for the location of such junkyard and any conditions imposed by the governing board.
(b)
Planning Board review and recommendation of a site plan, in accordance with the provisions of §§ 308-32B(10) and 308-34B(2) of this chapter, is required.
(c)
Application for a special permit and governing regulations shall follow procedures outlined in §§ 308-25, 308-25D, 308-26C and 308-46A.
(d)
Application Details and environmental assessment shall be required consistent with §§ 308-28 and 308-29.
(e)
Renewable special permit. When authorized by the Zoning Board of Appeals, the Code Enforcement Officer shall issue a renewable special permit for a junkyard; such permit shall be renewed annually. Such renewal will be made after the Code Enforcement Officer has determined that no violations of this § 308-46B(13) or of the conditions of the special permit, have been found. Prior to any change of ownership, the governing board shall review and authorize the transfer of a special permit to a subsequent owner.
(f)
Permitted only when the following standards, regulations and requirements for such activity are complied with:
[1]
The applicant can demonstrate that he has no prior record of convictions for any type of larceny or receiving of stolen goods.
[2]
A junkyard shall be completely surrounded by a fence at least eight feet in height which substantially screens the yard and provides a suitable gate which shall be closed and locked except during the working hours of such junkyard or when the applicant or his agent shall be within. Such fence shall be erected not nearer than 100 feet to a public highway. All motor vehicles and parts thereof stored or deposited by the applicant shall be kept within the enclosure of the junkyard except as removal shall be necessary for the transportation of same in the reasonable course of the business. All wrecking or other work on such motor vehicles and parts and all burning of same within the vicinity of the junkyard shall be accomplished within the enclosure. Where the topography, natural growth of timber or other considerations accomplish the purposes of this section in whole or in part, the fencing requirements hereunder may be reduced by the governing board, upon granting the permit; provided, however, that such natural barrier conforms with the purposes of this section.
[3]
No junkyard shall be established within 500 feet of a church, school, hospital, public building, or place of public assembly.
[4]
Aesthetic considerations: the governing board may take into account the location of the junkyard in order to maintain a clean, wholesome and attractive environment which has been declared to be of vital importance to the continued general welfare of its citizens by considering whether or not the proposed location can be reasonably protected from having an unfavorable effect thereon. In this connection, the governing board may consider collectively the type of road servicing the junkyard or from which the junkyard may be seen, the natural or artificial barriers protecting the junkyard from view, the proximity of the proposed junkyard to established residential and recreational areas or main access routes thereto. The governing board may deny the special permit if it finds the location unsuitable for the activity.
[5]
Existing junkyard. For the purpose of this section, the location of an existing junkyard established legally prior to the enactment of this chapter shall be considered approved by the governing board and the owner thereof deemed suitable for the issuance of a permit. Within 60 days from the passage of this chapter, however, the owner shall furnish the governing board the information as to location which is required in an application, together with the permit fee, and the governing board shall issue the owner a permit valid for one year, at which time such owner may apply for renewal as herein provided. Such owner shall comply with all other provisions of this section including the fencing requirements set forth in this section.
[6]
General requirements for special permit § 308-46A are applicable.
(14)
Cannabis retail dispensaries in Marion (See § 308-6, the definition of "cannabis retail dispensaries"). Cannabis retail dispensaries are only permitted in the A-C, B-1 and I-1 Districts upon the issuance of a special use permit. In addition to the special use permit procedures and standards set forth by Article IX herein, the issuance of a special use permit for a cannabis retail dispensary shall also require the following:
(a)
State approvals. Any approval of a cannabis retail dispensary shall be conditioned upon obtaining any required state or governmental approvals, including but not limited to licensure by the NYS Cannabis Control Board.
(b)
Increased buffer. Licensed retail businesses engaging in the transfer, distribution, or sale of cannabis shall be a permitted use in any A-C, B-1 and I-1 Districts, provided that:
[1]
Said licensed retail business engaging in the transfer, distribution, or sale of cannabis may not be operated within 500 feet of:
[a]
A church, synagogue or regular place of worship.
[b]
A public or private elementary, secondary school or licensed child day-care center.
[c]
A boundary of any residence or residential zoning district.
[d]
A public park.
[2]
Said licensed retail business engaging in the transfer, distribution, or sale of cannabis may not be operated within 1,000 feet of another subject licensed retail business engaging in the transfer, distribution, or sale of cannabis or on the same lot or parcel of land as another adult use, as defined in Chapter 96 of the Code of the Town of Marion.
[3]
A licensed retail business engaging in the transfer, distribution, or sale of cannabis may not be operated in the same building, structure or portion thereof containing an adult use, as defined in Chapter 96 of the Code of the Town of Marion, or another retail business engaging in the transfer, distribution, or sale of cannabis.
[4]
For the purposes of this chapter, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where a retail business engaging in the transfer, distribution, or sale of cannabis is conducted to the nearest property line of the premises of a church or public or private elementary, secondary school or licensed child day-care center or to the nearest boundary of an affected public park, residential district or residential lot.
[5]
For the purposes of this chapter, the distance between any two subject licensed retail businesses engaging in the transfer, distribution, or sale of cannabis shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(c)
Hours of operation. No cannabis retail dispensary shall operate outside the hours of 07:00 AM (0700 Hours, EST) to 08:00 PM (2,000 Hours, EST) in the Town of Marion.