New Lebanon City Zoning Code
§ 205-13
Special use permits.
[Amended 8-11-2015 by L.L. No. 6-2015; 7-14-2020 by L.L. No. 1-2020; 11-10-2020 by L.L. No. 3-2020; 12-14-2021 by L.L. No. 4-2021; 8-8-2023 by L.L. No. 4-2023; 4-9-2024 by L.L. No. 1-2024; 5-13-2025 by L.L. No. 4-2025]
A.
General provisions.
(1)
New Lebanon is a culturally, economically, socially and architecturally diverse community. The Planning Board shall consider this diversity in imposing conditions on special permits and shall not impose specific requirements concerning the exterior aesthetics of the structures being reviewed, except as required to achieve compliance with the performance standards of this section and the height, areas, size, setbacks and all other minimum and maximum limitations as detailed in this chapter.
(2)
Reviewing agency. Special use permit applications shall be made to, and decided by, the Planning Board. (As used in this § 205-13, the term "Board" refers to the Planning Board.)
(3)
All uses allowed subject to special use permits are hereby declared to possess characteristics of such unique and special forms that each specific use shall be considered an individual case. Special permit uses are specifically declared to be allowed within the district in which they are located, provided that the Board makes a written finding that the individual case meets the special use permit standards of this section. The Board shall not issue a permit to allow any use subject to the special use permit provisions of this section unless the Board first finds that the use, as proposed, will be in compliance with the standards set forth in this section.
(4)
For uses requiring a special use permit, no building permit or certificate of occupancy shall be issued by the Building Inspector until such use has been approved by the Board as provided herein. No premises shall be occupied or used and no certificate of occupancy shall be issued until all of the requirements of this section and all conditions of the special use permit have been complied with. To the greatest extent practicable, the Planning Board shall conduct special permit review and site plan review concurrently where both a special use permit and site plan review pursuant to § 205-14 are required.
(5)
Violations. No special use permit approval shall be issued for any use or construction where there is on the subject property an existing violation of the Zoning Law. Further, upon written report or receipt of a notice from the Building Inspector of violation or order to cease and desist, the Board shall not review, hold public meetings or public hearings and shall take no action regarding an application for special use permit approval until notified by the Building Inspector that such violation has been cured or ceased by the applicant. However, the Board may, upon written recommendation of the Building Inspector, review and act on an application involving property for which there is a violation where such application is a plan to cure the violation and bring the property or use of the property into compliance with this chapter.
B.
Special use performance standards. In granting any special use permit, the Board shall take into consideration the public health, safety and general welfare and the comfort and convenience of the public, in general, and of the immediate neighborhood, in particular. The Board shall consider whether aspects of the proposed use are subject to regulation by other levels of government and whether compliance with such regulations is adequate to protect the public health, safety, and general welfare and the comfort and convenience of the public. The Board may require modifications to development proposals, submission of alternative design and layout proposals, and may attach reasonable conditions and safeguards to eliminate or minimize potential impacts as a precondition of its approval. Before making a decision on whether to approve, approve with modifications, or disapprove a special use permit, the Board shall give specific consideration to the following:
(1)
Fire and explosion hazards. All activities involving the storage of flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion. Methods of prevention and suppression of these hazards shall be approved by the local officials responsible for fire prevention and public safety.
(2)
Radioactivity or electrical disturbance. No activities shall be permitted that emit radioactivity or electrical disturbance that will jeopardize the health of adjacent residents and properties or property or otherwise adversely affect the operation of any equipment other than that on the premises.
(3)
Noise. The maximum noise level at the property line applicable to the use involved shall not exceed 70 dB as measured in accord with the procedure specified by the American National Standards Institute.
(4)
Vibration. No vibration shall be permitted which is detectable, other than by instrument, at the property line.
(5)
Glare. No direct or reflective glare from any lighting or process shall be permitted where such will interfere with traffic safety or the useful enjoyment of adjoining properties.
(6)
Smoke. No emission shall be permitted of a shade equal to or darker than Ringelmann Smoke Chart No. 2.
(7)
Odors. No emission of noxious gases or other matter shall be permitted in a quantity or of a type that permits it to be detectable, other than by instrument, at the property line.
(8)
Other forms of air pollution. No emission of fly ash, dust, smoke, vapors, gases or other forms of air pollution, including construction-related dust and odors, shall be permitted which can jeopardize human health, animal or vegetable life or which otherwise contributes to the deterioration of or detracts from adjacent properties, provided that for specific air pollutants that are regulated under federal or state law, compliance with all such applicable laws, regulations and/or permits issued thereunder shall constitute compliance with this performance standard.
(9)
Discharge of water. No polluting or objectionable waste shall be discharged into any stream or other natural drainage channel or upon the land that will in any way interfere with the quality, operation or continuation of these natural systems or contribute to their despoliation.
(10)
Traffic access. All proposed traffic accessways shall be adequate but not excessive in number, adequate in width, grade and alignment and visibility, and sufficiently separated from street intersections and places of public assembly and shall meet other similar safety considerations.
(11)
Parking. Adequate off-street parking and loading spaces shall be provided in accordance with this chapter to prevent parking in public streets of the vehicles of any persons connected with or visiting the use. Shared parking is encouraged where the peak parking demands of different uses occur at various times of the day. Use of a widely accepted means of projecting demand for shared use, such as the Urban Land Institute's shared parking report, shall be employed to demonstrate shared parking effects.
(12)
Circulation. The interior circulation system shall be adequate to provide safe accessibility to all required off-street parking and to provide for the convenience and safety of vehicular, pedestrian, and bicycle movement within the site and in relation to adjacent areas or roads.
(13)
Landscaping and screening. All parking and service areas shall be reasonably screened at all seasons of the year from the view of adjacent residential lots and streets, and the general landscaping of the site shall be in character with that generally prevailing in the neighborhood. Existing trees shall be preserved to the maximum extent practical.
(14)
Character. New Lebanon is a culturally, economically, socially, and architecturally diverse community. The Board shall consider this diversity in making conditions on special use permits. The character of the proposed use, buildings, structures, outdoor signs and lighting shall be in general harmony with the character of the surrounding neighborhood and of the Town of New Lebanon.
(15)
Historic and natural resources. The proposed use shall be designed and shall be carried out in a manner that protects historic and natural environmental features on the site under review and in adjacent areas.
(16)
Sewage treatment and water supply. The adequacy of available sewage disposal and water supply services supporting the proposed activity or use shall be sufficient to meet the needs of the proposed activity or use.
(17)
Emergency services. All proposed buildings, structures, equipment and/or material shall be readily accessible for fire, police, and other emergency service protection.
(18)
Size and scale. The location and size of such use, the nature and intensity of operations involved in or conducted in connection with the use, the size of the site in relation to the use, its site layout and its relation to existing and future access streets shall be such that both pedestrian and vehicular traffic will not be hazardous or inconvenient to or incongruous with said residence district or conflict with the normal traffic of the neighborhood.
(19)
Additional safeguards and conditions. The Board shall impose additional conditions and safeguards upon the special use permit as may be reasonably necessary to assure continual conformance to all applicable standards and requirements, including reasonable assurance that these conditions and safeguards can be responsibly monitored and enforced.
C.
Application requirements, review procedures and decision schedule.
(1)
Applications.
(a)
Applications for special use permits shall be in writing and on forms and in such quantity as may be prescribed by the Board, which forms at a minimum shall require the applicant to show, respectively, for each of the 19 performance standards set forth in Subsection B above, how the proposed use meets the standard or why the standard is not applicable to the proposed use.
(b)
The application shall be accompanied by an environmental assessment form and all necessary documentation to comply with SEQRA.
(c)
An application for a special use permit shall contain an agricultural data statement if any portion of the proposed use is located on property within an agricultural district containing a farm operation or other property with boundaries within 500 feet of a farm operation located in an agricultural district. The agricultural data statement shall contain the name and address of the applicant; a description of the proposed project and its location; the name and address of any owner of land within the agricultural district which contains farm property upon which the project is proposed; and a Tax Map or other map showing the site of the proposed project relative to the location of farm operations identified in the agricultural data statement.
(d)
Prior to submittal of an application for a special use permit approval, applicants are encouraged to meet with the Zoning Enforcement Officer to review the proposed application and obtain a clear understanding of the application requirements and the requirements of the Town Zoning Law. Although not required, applicants are encouraged to commence discussions with the owners of land abutting or in proximity to the project site to ascertain local concerns and local development issues early in the project design process.
(e)
Fees and costs. An application for a special use permit shall be accompanied by payment of an application fee as set by the Town Board. The application fee is in addition to any required escrow fees, and does not cover the cost of environmental review. The applicant shall be responsible for the total cost of environmental reviews that are determined to be necessary to meet the requirements of the State Environmental Quality Review Act (SEQRA). If the Board requires professional review of the application by a private planning, engineering, legal or other consultants, or if it incurs other extraordinary expense to review documents or conduct special studies in connection with the application, reasonable fees shall be paid for by the applicant and an escrow deposit will be required.
(2)
Procedures.
(a)
Within five business days of receipt of an application, the Planning and Zoning Clerk will determine if the filing includes the required number of copies and all required accompanying documents. The Clerk will notify the applicant if copies or documents are missing. Properly filed applications will be forwarded to the Planning Board.
(b)
Provided that a properly filed application has been received by the Clerk at least 10 business days prior to the next regularly scheduled meeting, at such meeting the Board shall review the application contents and determine if the application is complete. If deemed incomplete, the Board shall notify the applicant within five business days in writing of the application's deficiencies. No application shall be deemed complete until a determination of no significance has been made pursuant to SEQRA or until a draft environmental impact statement has been accepted by the lead agency.
(c)
Within 62 days of receipt of a complete application, the Board shall hold a public hearing. Notice of the public hearing shall be published in the official newspaper at least 10 days prior to the date set for public hearing. In addition, not less than 10 days before the date of the hearing (not counting the date of the hearing), written notice of the public hearing shall be mailed to the owners of all property abutting the exterior boundaries of the land involved in the application and to all other landowners having property located within 300 feet of the exterior boundaries of the land involved in the application, as the names of said owners appear on the last completed assessment roll of the Town. The notice shall include the name of the project, the location of the project site, and the date, place, time and subject of the public hearing at which the site plan will be reviewed. If an application for a special use permit contains an agricultural data statement, written notice of such application, including a description of the proposed project and its location, shall be mailed to the owners of land as identified by the applicant in the agricultural data statement. At least 10 days before such hearing, the Board shall mail notices thereof to the County Planning Board as required by § 239-m of the General Municipal Law.
(d)
Time of decision. The Board shall grant or deny the special use permit application within 62 days after the close of the public hearing, subject to compliance with the requirements of SEQRA and General Municipal Law § 239-m. In rendering its decision the Board shall grant, deny or grant with modifications and conditions the special use permit. The time within which the Board must render its decision may be extended by mutual consent of the applicant and the Board. The decision of the Board shall be filed in the office of the Town Clerk within five business days of the date such decision is rendered, and a copy thereof shall be mailed to the applicant.
D.
Expiration. A special use permit shall be deemed to authorize only the particular special use or uses permitted in any district and shall expire if:
(1)
Where the special use involves construction requiring a building permit, the building permit application has not been filed within 90 days of the date the special use permit was granted, or construction has not been commenced within one year and has not been completed within two years of the date special use permit approval is granted.
(2)
If no construction is involved, approval shall expire if the use or uses have not been commenced within one year of the date special use permit approval is granted.
(3)
The special use or uses shall have ceased for more than 12 consecutive months.
E.
Prescribed standards for certain special permit uses. In addition to all other applicable requirements, uses for which a special permit is required shall meet the requirements set forth below:
(1)
Short-term rental.
(a)
Short-term rentals shall be established, maintained and operated so as to preserve and complement the character and integrity of the surrounding area.
(b)
If the short-term rental is not occupied by the owner/operator, the owner/operator shall provide the Zoning Enforcement Officer with the name, telephone number, and email address of a contact person who must reside within 20 miles of the property and who must be authorized to act and receive notices and process on behalf of the owner/operator with respect to the property. Updated contact information shall be provided to the Zoning Enforcement Officer whenever the name, telephone number, or email address of such contact person changes, and not less than annually.
(c)
No special use permit shall be issued for a short-term rental that would include use or occupancy of any existing or previous ADU during a period of three years from the date a final certificate of occupancy was issued for such ADU.
(2)
Boardinghouse.
(a)
In addition to meeting the minimum lot size requirements for the district within which it is located, there shall be a minimum of 5,000 square feet on the lot per room designated as sleeping accommodation for boarders, as well as 5,000 square feet for the family residing on the lot.
(3)
Campgrounds; seasonal camps. Such use shall conform to the requirements of the New Lebanon local law entitled "Camping Ground Ordinance."[1]
[1]
Editor's Note: See Ch. 88, Campgrounds.
(4)
Commercial excavation.
(a)
Mining operations may be subject to the Mined Land Reclamation Law (ECL Article 23, Title 27).[2] In addition to meeting the requirements below, the granting of a special permit for any mining operation for which more than 1,000 tons of materials will be removed from the earth within 12 successive calendar months will be contingent upon the applicant obtaining a mining permit from the New York State Department of Environmental Conservation.
[2]
Editor's Note: See § 23-2701 et seq. of the Environmental Conservation Law.
(b)
The Board, in granting any such special use permit, may impose reasonable conditions as allowed under the Mined Land Reclamation Law (ECL Article 23, Title 27), including conditions related to the following:
[1]
Ingress and egress to public roads controlled by the Town of New Lebanon.
[2]
Routing trucks on roads controlled by the Town of New Lebanon.
[3]
Conditions in DEC's mining permit relating to setbacks, dust control, hours of operation.
[4]
Enforcement of the reclamation requirements in DEC's mining permit.
(c)
A security or bond in a dollar amount to be determined by the Board to be sufficient to guarantee fulfillment of conditions imposed shall be posted.
(d)
No such permit shall be issued except upon written application. Such application shall include a diagram to scale of the land concerned, indicating existing and proposed elevations in the area to be excavated and stating the ownership and boundaries of the land for which such permit is sought, the names of all adjoining locations of existing and private ways nearest such land.
(e)
An applicant for a permit issued pursuant to Title 27 of Article 23 of the Environmental Conservation Law (or a successor statute) shall provide a copy of its application and supporting documents to the Board at the time its application is filed with DEC. The Board shall participate in DEC's mining permit process and shall advise DEC about the following issues:
[1]
The appropriate setbacks from roads and property boundaries. There shall be a two-hundred-foot setback from all road and property lines.
[2]
The location and design of barriers to restrict access to the mine. Barriers shall be placed in first 200 feet and may only remove or alter the landscape/vegetation to the minimum extent necessary to create an entrance/exit for the operation. All entrance and exits shall ensure a safe line of site for trucks and other traffic.
[3]
Dust-control issues.
[4]
Hours of operation. Hours shall be from 7:00 a.m. to 5:00 p.m. only.
[5]
Whether mining is prohibited in that location.
[6]
Potentially significant environmental impacts.
(5)
Day-care centers.
(a)
There shall be not more than one child for every 1,500 square feet of lot area.
(b)
All buildings, structures, and areas of organized activity, such as play areas, swimming pools, etc., shall be not less than 75 feet from any property line.
(c)
Off-street parking areas shall be not less than 50 feet from any property line.
(d)
Outdoor floodlighting or public address systems are prohibited.
(6)
Flea markets and farmers' markets.
(a)
Flea markets and farmers' markets may be permitted only in General Commercial, Central Commercial and Commercial-Recreational zoning districts.
(b)
Seventy percent of flea market or farmers' markets area must be reserved for parking.
(c)
Sanitary facilities shall be provided by the owner on site.
(d)
There shall be no on-street parking.
(e)
All access to Routes 20 and/or 22 shall have New York State Department of Transportation approval.
(7)
Motor vehicle fueling stations; motor vehicle repair shops.
(a)
The lot shall have a minimum frontage along the principal street or highway of at least 150 feet.
(b)
No church, school, library, playground, or similar place of public assembly shall be within 500 feet of the site.
(c)
All pumps or buildings and lubricating and other devices shall be located at least 25 feet from any adjacent building, structure and street line.
(d)
Entrance or exit driveways shall be approved by the appropriate highway authority.
(e)
The area devoted to the outdoor storage of motor vehicles and/or parts thereof, or to purposes of dismantling, shall be screened from view of persons on adjacent properties by enclosing such within a solid fence eight feet high, or such area shall be located inside a building.
(f)
Outdoor storage of other than motor vehicles shall be prohibited at all times. Premises shall not be used for the sale, rent or display of trailers, mobile homes, boats or other vehicles.
(g)
The business of selling gasoline may be accessory to a retail store pursuant to these standards.
(h)
The Board may limit the number of gas pumps to ensure consistency in scale between the gas filling station and adjacent land uses.
(i)
There shall be no glare of gas canopy islands outside the boundaries of the site.
(j)
All gas canopy lights shall be recessed with no bulb, lens or globes extending below the casing or canopy ceiling.
(k)
No signs shall be allowed on the canopy mansard, fascia or roof area covering gas dispensers.
(l)
All pumps, pump islands, tanks, piping and canopies shall be removed when fuel-dispensing activity has been inactive for a period of 12 months.
(m)
Construction, maintenance and inspection of motor vehicle fueling stations shall comply with all applicable federal, state and county environmental protection and mitigation requirements relative to installation, use and removal of tanks and pumps. The Town will be supplied with copies of all bulk storage permits.
(n)
The Board shall require a traffic impact analysis.
(o)
The Board may limit hours of operation or limit acceptable hours of fuel delivery if residential structures are impacted.
(p)
Applicants shall evaluate site conditions and provide information, analysis, and evidence that the proposed gasoline station will not degrade the quality of groundwater.
(q)
A motor vehicle repair shop that engages in motor vehicle sales must comply with motor vehicle sales requirements. For motor vehicle repair shop uses, all repairs shall be conducted in an enclosed building.
(8)
Golf course; private recreation area.
(a)
There shall be a minimum lot size of two acres.
(b)
All activities of such use shall be contained on the site at sufficient distance from the boundaries and shall be laid out as not to adversely affect surrounding property and to assure that there is no danger to surrounding properties.
(c)
The golf course shall utilize stormwater pollution prevention techniques; incorporate best management practices; utilize natural landscaping; utilize integrated pest management techniques, minimize water usage, and protect environmentally sensitive locations and habitats on site.
(9)
Home Occupation 2 (HO2). Special use permits for HO2 uses shall be reviewed and determined by the Planning Board. The Planning Board shall grant a special use permit for an HO2 use only where the following standards are met:
(a)
The use shall be compatible with the character of the neighborhood.
(b)
There shall be no exterior alterations in connection with the profession or occupation that are inconsistent with the character of the neighborhood.
(c)
The use shall produce no appearance, noise, vibration, smoke, dust, odors, heat, glare or electrical disturbances that would exceed those normally produced by a residence.
(d)
The use shall not cause a substantial increase in traffic in the neighborhood.
(e)
There shall be no more than two commercial or special purpose vehicles stored at the property. Any commercial or special purpose vehicle on the property shall be screened from view from the street and adjoining properties or stored under cover. Any commercial or special purpose vehicle in excess of 1 1/2 tons in capacity or 24 feet in length shall be stored in an enclosed structure within the principal building or an accessory building, or within the rear yard and shall be screened from view from the street and adjoining properties.
(10)
Multifamily dwellings.
(a)
In addition to meeting the minimum lot size requirements for the establishing of the principal use, there shall be a minimum of 5,000 square feet on the lot per dwelling unit.
(b)
The Board, as part of the sketch phase of site plan review, shall evaluate the building design. Multifamily structures that have an appearance of a single-family dwelling are preferred. The Board shall ensure that the design is compatible with the existing character of neighborhood and Town.
(11)
Temporary housing.
(a)
In districts where temporary housing is identified as a permissible use, a mobile home, manufactured home, compact home, or recreational vehicle may be used as a temporary residence or business while a permanent building is being constructed. A special use permit for temporary housing shall have a term of one year, and may be renewed as needed for two six-month periods.
(b)
The first six-month extension shall be granted only upon satisfactory completion of the foundation, framing and sheathing of the permanent structure and shall be extended only upon good cause being shown and a showing that construction has not been completed. The mobile home, manufactured home, compact home, or recreational vehicle shall be removed from the premises upon expiration of the permit.
(c)
Drainage and grading, water supply, sewage disposal, garbage receptacles, and electric service and connections relating to temporary housing shall comply with the provisions of Chapter 88, § 88-6, Regulations for camping grounds and tourist camps, or its successor, of the Code of the Town of New Lebanon, as in effect from time to time. Sanitary sewage waste shall either be disposed of using an on-site private septic system that complies with all applicable regulatory requirements, or where such on-site private septic system is not then available, shall be pumped and lawfully disposed of in accordance with applicable regulatory requirements at regular intervals.
(12)
Motor vehicle sales.
(a)
Repairs shall be conducted in an enclosed building.
(b)
Only minor repairs of motor vehicles which are for sale at this establishment may be performed unless the owner has received permits required to operate a motor vehicle repair shop.
(c)
Entrance and exit driveways shall total no more than two in number and shall have an unrestricted width of no less than 18 feet nor more than 30 feet and be located no closer than 20 feet to any side lot line. Driveways must be approved by the proper authorities.
(d)
All vehicles shall be set back behind the curbing not less than 50 feet from the center line of the travel portion of the road. Curbing shall be required at the frontage of the road, and cars shall be set back far enough behind the curbing so as not to interfere with visibility.
(e)
No banners, pennants, string flags, balloons or other such display shall be permitted.
(13)
Adult uses. See Chapter 60, Adult Bookstores and Adult Entertainment.
(14)
Automobile racing facility.
(a)
There shall be a minimum lot size of five acres.
(b)
The use shall be located along a state or county highway only; primary access shall be on the state or county highway, and ingress and egress shall be approved by the New York State Department of Transportation or the County Department of Public Works.
(c)
Such use shall have a landscaped buffer area at least 50 feet wide along exterior lot lines and street frontages, suitably planted and maintained to provide a visual screening from adjacent properties.
(d)
At least 10 feet of such landscaped area shall be a coniferous evergreen planting a minimum of six feet in height, except within 10 feet of ingress and egress points, at which the coniferous planting shall be a maximum of three feet in height.
(e)
No structure shall be located within 100 feet of any property lines.
(f)
All activities of such use shall be contained on the site at sufficient distance from the boundaries and shall be laid out as to not adversely affect surrounding property and to assure that there is no danger to surrounding properties.
(g)
Adequate off-street parking shall be available.
(h)
Any lighting shall be arranged so as not to cause a glare on surrounding properties.
(15)
Small business operation.
(a)
General conditions.
[1]
The SBO must meet all zoning conditions for the commercial zone in which it is located;
[2]
If located in a General Commercial, Central Commercial, Commercial Recreational, or Commercial Residential Zone, at least 25% of the square footage of the SBO must be devoted to retail. Such retail space must be located adjacent to the public entrance to the SBO, generally the storefront. Nothing herein should be construed to apply this requirement to a small business operation located in a Commercial Industrial Zone.
[3]
The manufacturing is performed primarily within the confines of the buildings, but may make minor use of outside space.
[4]
The manufacturing performed on premises will not produce substantial noise, vibration or otherwise objectionable disturbances, such as smoke, dust, odors, heat, glare or electrical disturbances or heavy truck traffic, and will not involve the use of heavy machinery or mass production.
[5]
The SBO will not cause a major increase in neighborhood traffic.
[6]
The SBO will have sufficient off-street parking for employees and customers.
[7]
Hazardous material shall be stored in accordance with the New York State Fire Code.
[8]
The number of employees permitted to work simultaneously at the SBO may not exceed 10 employees.
(16)
Home-based business. Special use permits for home-based business uses shall be reviewed and determined by the Planning Board. The Planning Board shall grant a special use permit for a home-based business only where the following standards are met:
(a)
The use shall be carried on by at least one person that resides in the dwelling unit and no more than two persons that do not reside in the dwelling unit.
(b)
No signs are allowed, except as permitted by § 205-17B(11).
(c)
There shall be no more than six commercial or special purpose vehicles stored at the property. All commercial or special purpose vehicles in excess of two shall be screened from view from the street and adjoining properties or stored under cover. Any commercial or special purpose vehicle in excess of 1 1/2 tons in capacity or 24 feet in length shall be stored in an enclosed structure within the principal building or an accessory building, or within the rear yard and shall be screened from view from the street and adjoining properties.
(d)
All materials or other equipment shall be stored within the principal building or accessory building or within the rear yard and shall be screened from view from the street and from adjoining properties. The location of such storage areas shall be identified on a plan submitted to the Planning Board as part of the special use permit application.
(e)
The use shall not produce any appearance, noise, vibration, smoke, dust, odors, heat, glare or electrical disturbance that substantially exceed those normally produced by a residence.
(f)
The use shall not cause a substantial increase in traffic in the neighborhood.
(g)
Sufficient off-street parking for customers, clients, employees and other visitors shall be provided as determined by the Planning Board.
(17)
Cannabis retail dispensaries and cannabis consumption facilities. Each cannabis retail dispensary and each cannabis consumption facility shall comply with the following additional requirements:
(a)
In reviewing an application for special use permit for a cannabis retail dispensary or cannabis consumption facility, and in addition to any other applicable special use permit standards, the Board shall require:
[1]
That the applicant demonstrate that the proposed use will not cause discernible odors beyond the property line, or where the proposed use is permissible as one of multiple uses on a single lot, beyond the boundary of the area designated specifically for such proposed use (e.g., the tenant space);
[2]
That the applicant demonstrate, through competent technical proof, that its proposal includes sufficient off-street parking to fully support the anticipated parking load for the proposed use, which competent technical proof shall include an assessment of parking loads at other established similar adult-use cannabis uses within the region (including, where appropriate, outside of New York State); and
[3]
That the applicant demonstrate that its proposal includes sufficient ingress and egress points designed to permit safe and efficient access from adjoining public highway(s) and to avoid traffic congestion.
(b)
No cannabis retail dispensary or cannabis consumption facility shall be located within 500 feet of any school, any place of worship, or the boundary of any Town park or national or state historic site.
(c)
Cannabis retail dispensaries and cannabis consumption facilities shall not open before 9:00 a.m. nor remain open after 9:00 p.m., Mondays through Saturdays, and shall not open before 12:00 noon nor remain open after 7:00 p.m. on Sundays.
(d)
Each cannabis retail dispensary and cannabis consumption facility shall comply with all laws and regulations of New York State applicable thereto.
(e)
Any local permit or approval for a cannabis retail dispensary or a cannabis consumption facility, including special use permit, site plan approval and a zoning permit, shall be deemed conditioned upon the applicant securing and continuously maintaining the appropriate state license therefor. No applicant for any local permit or approval shall commence operations until such state license has been issued, and proof thereof shall be provided to the Zoning Enforcement Officer. Any local permit or approval for a cannabis retail dispensary or a cannabis consumption facility shall be deemed to expire upon the suspension, revocation, termination, nonrenewal, or expiration of any such state license that results in any period of time during which the use lacks a current, effective and valid state license for such use.
(18)
Mixed use.
(a)
Each constituent use comprising a mixed use must meet all requirements applicable to such constituent use set forth in this chapter.
(b)
In reviewing an application for special use permit for a mixed use, the Planning Board shall consider each constituent use comprising a proposed mixed use individually, as well as all such constituent uses comprising a proposed mixed use cumulatively.
(c)
A special use permit for a mixed use shall only permit the constituent uses for which the special use permit was issued. Any additional or different constituent uses, whether considered principal uses or accessory uses under this chapter, shall not be permitted unless special use permit approval is granted therefor by the Planning Board.
(19)
Commercial event venues. Each commercial event venue shall comply with the following requirements:
(a)
Commercial event venues shall be limited to holding one event per calendar day.
(b)
Each event held at a commercial event venue shall not exceed 14 hours.
(20)
New self-storage facilities. In addition to meeting the standards set forth for special use permit uses in Subsection B of § 205-13 of this chapter, all self- storage facilities not existing on or before April 30, 2024, shall comply with the provisions of this Subsection E(20). Where any standard set forth in Subsection B of § 205-13 and the provisions of this Subsection E(20) conflict, the provisions of this Subsection E(20) shall control.
(a)
No outdoor storage of any kind shall be permitted.
(b)
The owner of the self-storage facility shall ensure that the facility and site are kept in a clean, orderly, and well-maintained condition.
(c)
All landscaping shall be maintained in perpetuity and any dead or dying landscaping shall be replaced.
(d)
Area and bulk regulations. In addition to complying with all other area and bulk regulations applicable within the zoning district, self-storage facilities shall comply with the following:
[1]
Building coverage of all structures within the area of the property situated within the applicable zoning district shall not exceed 50%, except in the Commercial-Industrial Zoning District. Within the Commercial-Industrial Zoning District, building coverage for all structures within the area of the property therein shall not exceed 25%.
[2]
The minimum front setback shall be 100 feet.
[3]
The minimum side yard (each side) setback shall be 100 feet.
[4]
The minimum rear yard setback shall be 100 feet.
[5]
The maximum number of stories shall be two.
[6]
The maximum building height shall be 15 feet for single-story structures and 30 feet for two-story structures.
(e)
Building design. All buildings comprising a self-storage facility shall be designed in a rural or agricultural style and in a way that keeps with the character and community values of the Town of New Lebanon. In addition, all such buildings shall comply with the following:
[1]
No self-storage building shall exceed 75 feet in width, nor 150 feet in length.
[2]
Roof pitch shall be no less than 3:12 and no greater than 6:12.
[3]
Gable roofs are preferred. Gambrel roofs, mansard roofs, and roofs with dormers may be acceptable in the discretion of the Planning Board.
[4]
Roofs shall include overhangs/eaves of not less than six inches on all sides and ends of each building.
(f)
Site design. Site design of a self-storage facility shall comply with the following:
[1]
All self-storage facilities shall be screened using one or more of the following methods as deemed acceptable by the Planning Board:
[a]
Screening of the facility by i) evergreens having a mature height of greater than 16 feet, and which shall be planted at a starting height of at least six feet; and, between such evergreens and any public street (or, if applicable, between such evergreens and any adjoining lot where deemed appropriate by the Planning Board), ii) either an earthen berm of not less than four feet in height, or landscaping consisting of deciduous perennials, evergreen shrubs that mature to a height of four to six feet, and landscaping stones, boulders, and similar materials, or a combination of such earthen berm and landscaping;
[b]
Screening of the facility by use of the rear side of one or more self-storage buildings, provided such rear side does not include entryways to individual units and is appropriately detailed and landscaped in furtherance of the aesthetic objectives of these regulations governing special use permit requirements for self-storage facilities.
[2]
Facility entrances shall be designed whenever possible to reduce direct views into the facility. Driveway access shall be set off to the side of the facility and curve to an entry gate located at the side of the facility whenever possible. Gates shall not be permitted in the front yard. The Planning Board shall have authority to require such screening or landscaping as it deems appropriate for driveways providing access to the site.
[3]
Notwithstanding anything else contained in this chapter to the contrary, signage at the facility shall comply with the following:
[a]
No sign shall exceed 24 square feet.
[b]
Only one sign shall be permitted.
[c]
Signage shall either be freestanding or mounted on a building where the building forms part of the screening required under these regulations.
[d]
The materials, location, and architectural design of signage shall be consistent with and complimentary to the neighborhood and shall be approved by the Planning Board.
[4]
Building arrangement on the site shall take advantage of existing contours of the site and preserve existing vegetation to the extent practicable, and shall provide adequate circulation around and through the facility, including providing appropriate emergency access and circulation.
[5]
Not more than 30% of the existing mature vegetation on the site may be removed for purposes of development of the facility. The Planning Board shall have the authority to require additional vegetation as it deems appropriate in furtherance of the objectives of these regulations governing special use permit requirements for self-storage facilities.
[6]
Loading docks, parking areas, and waste storage containers shall be located at the rear of the facility. All waste storage containers shall be enclosed in an opaque enclosure that is consistent with the overall design aesthetic of the site.
[7]
Buildings that have a building height in excess of 15 feet shall be landscaped to include trees and foundation plantings, with a mix of deciduous and evergreen trees, to reduce the scale of the building.
(21)
Expansion of self-storage facilities existing on or before April 30, 2024. Where located within a zoning district in which self-storage facilities are permissible under this chapter, self-storage facilities that were existing on or before April 30, 2024, may be expanded within such district upon issuance of a special use permit and shall comply with the provisions set forth below in this Subsection E(21) and the standards set forth for special use permit uses in Subsection B of § 205-13 of this chapter. Where any standard set forth in Subsection B of § 205-13 and the provisions of this Subsection E(21) conflict, the provisions of this Subsection E(21) shall control.
(a)
Any application for expansion of a self-storage facility that was existing on or before April 30, 2024, shall authorize the Planning Board to review and apply the standards applicable under this Subsection E(21) to the entirety of the self-storage facility inclusive of both the portion thereof that existed on or before April 30, 2024, and to the portion thereof constituting the expansion, except as expressly provided otherwise below.
(b)
No outdoor storage of any kind shall be permitted.
(c)
The owner of the self-storage facility shall ensure that the facility and site are kept in a clean, orderly, and well-maintained condition.
(d)
All landscaping shall be maintained in perpetuity and any dead or dying landscaping shall be replaced.
(e)
Area and bulk regulations. In addition to complying with all other area and bulk regulations applicable within the zoning district, expansion of self-storage facilities shall comply with the following:
[1]
Building coverage of all structures within the area of the property situated within the applicable zoning district shall not exceed 50%, except in the Commercial-Industrial Zoning District. Within the Commercial-Industrial Zoning District, building coverage for all structures within the area of the property therein shall not exceed 25%.
[2]
The minimum front setback for new buildings shall be 100 feet.
[3]
The minimum side yard (each side) setback for new buildings shall be 100 feet.
[4]
The minimum rear yard setback for new buildings shall be 100 feet.
[5]
The maximum number of stories shall be two, except that existing buildings lawfully exceeding two stories on April 30, 2024, may continue, but shall not increase in number of stories.
[6]
The maximum building height for new buildings shall be 15 feet for single-story structures and 30 feet for two-story structures. Existing buildings that lawfully exceed these maximum building heights on April 30, 2024, may continue, but shall not increase in height.
(f)
Building Design. All new buildings and structures shall be designed and constructed so as to be in keeping with the design and construction of buildings and structures then existing on the site. In considering whether this standard is met, the Planning Board shall consider the architecture, materials, colors, size, massing, and orientation of existing buildings and structures on the site.
(g)
Site design. Site design shall comply with the following:
[1]
All self-storage facilities shall be screened using one or more of the following methods as deemed acceptable by the Planning Board:
[a]
Screening of the facility by i) evergreens having a mature height of greater than 16 feet, and which shall be planted at a starting height of at least six feet; and, between such evergreens and any public street (or, if applicable, between such evergreens and any adjoining lot where deemed appropriate by the Planning Board), ii) either an earthen berm of not less than four feet in height, or landscaping consisting of deciduous perennials, evergreen shrubs that mature to a height of four to six feet, and landscaping stones, boulders, and similar materials, or a combination of such earthen berm and landscaping;
[b]
Screening of the facility by use of the rear side of one or more self-storage buildings, provided such rear side does not include entryways to individual units and is appropriately detailed and landscaped in furtherance of the aesthetic objectives of these regulations governing special use permit requirements for self-storage facilities.
[2]
New facility entrances shall be designed whenever possible to reduce direct views into the facility. New driveway access shall be set off to the side of the facility and curve to an entry gate located at the side of the facility whenever possible. Gates shall not be permitted in the front yard unless they lawfully existed in the front yard as of April 30, 2024. The Planning Board shall have authority to require such screening or landscaping as it deems appropriate for driveways providing access to the site.
[3]
Notwithstanding anything else contained in this chapter to the contrary, signage at the facility shall comply with the following:
[a]
No sign shall exceed 24 square feet unless it is a sign that lawfully existed at the site as of April 30, 2024 (or replacement thereof), in which case such sign shall not exceed the greater of 24 square feet or the square footage of such sign as it lawfully existed April 30, 2024.
[b]
Only one sign shall be permitted, unless more than one sign lawfully existed at the site as of April 30, 2024, in which case such lawfully existing signs (including replacements thereof) shall be permitted to continue, but no additional signs shall be permitted.
[c]
Any new signage shall either be free-standing or mounted on a building where the building forms part of the screening required under these regulations.
[d]
The materials, location, and architectural design of any new signage shall be consistent with and complimentary to the neighborhood and shall be approved by the Planning Board.
[4]
Arrangement of new buildings on the site shall take advantage of existing contours of the site and preserve existing vegetation to the extent practicable, and shall provide adequate circulation around and through the facility, including providing appropriate emergency access and circulation.
[5]
Not more than 30% of the existing mature vegetation on the site may be removed for purposes of development of the facility. The Planning Board shall have the authority to require additional vegetation as it deems appropriate in furtherance of the objectives of these regulations governing special use permit requirements for self-storage facilities.
[6]
Waste storage containers, new loading docks, and new parking areas shall be located at the rear of the facility. All waste storage containers shall be enclosed in an opaque enclosure that is consistent with the overall design aesthetic of the site.
[7]
Buildings that have a building height in excess of 15 feet shall be landscaped to include trees and foundation plantings, with a mix of deciduous and evergreen trees, to reduce the scale of the building.
(22)
Cemeteries.
(a)
Burial or memorial plots with headstones, monuments, or other grave markers less than six feet in height in new cemeteries or proposed expansions of existing cemeteries shall be located no closer than 25 feet from any residential lot line or the applicable setback set forth in the Schedule 1, Area and Bulk Regulations,[3] whichever is greater.
[3]
Editor's Note: Said schedule is included as an attachment to this chapter.
(b)
Buildings and burial or memorial plots with headstones, monuments, or other grave markers that are six feet in height or greater in new cemeteries or proposed expansions of existing cemeteries shall be located no closer than:
[1]
The greater of the applicable setback set forth in Schedule 1, Area and Bulk Regulations, or 50 feet from any residential lot line, where there is no dense evergreen hedge, dense landscaped strip, or wall at least six feet in height that provides complete visual screening from all adjacent residential properties; or
[2]
The greater of the applicable setback set forth in Schedule 1, Area and Bulk Regulations, or 25 feet from any residential lot line, where there is a dense evergreen hedge, dense landscaped strip, or wall at least six feet in height that provides complete visual screening from all adjacent residential properties.
(c)
All burials shall be undertaken in strict compliance with applicable state regulations.
(d)
The interment of pet cremated remains incidental to the burial of human remains is permissible in accordance with duly adopted rules and regulations of the cemetery and provided such interment complies with applicable state regulations.