Perinton City Zoning Code
ARTICLE X
Site Plan Approval and Special Permits
§ 208-53 Site plan review.
[Amended 10-13-1977 by L.L. No. 7-1977; 11-9-1978 by L.L. No. 8-1978; 11-12-1986 by L.L. No. 6-1986; 2-12-1992 by L.L. No. 1-1992; 8-24-1994 by L.L. No. 5-1994; 5-9-2001 by L.L. No. 4-2001; 6-27-2001 by L.L. No. 5-2001; 12-27-2006 by L.L. No. 9-2006; 2-24-2010 by L.L. No. 1-2010; 5-23-2012 by L.L. No. 1-2012; 9-12-2012 by L.L. No. 7-2012; 2-13-2013 by L.L. No. 1-2013; 7-11-2018 by L.L. No. 11-2018; 12-18-2019 by L.L. No. 2-2020; 1-22-2020 by L.L. No. 1-2020; 3-24-2021 by L.L. No. 2-2021; 3-9-2022 by L.L. No. 2-2022; 11-6-2024 by L.L. No. 5-2024]
A.
Prior to issuing a building permit for the construction of a building, change of use of a building, change to an existing site plan or for a building where the site plan approval has expired, the Director of Building and Codes shall refer the site plans for construction on such lot to the Planning Board for its review and approval, unless the proposed project meets the criteria in § 208-53A(1).
(1)
Exceptions.
(a)
One- or two-family dwellings/properties in approved subdivisions outside of the Residential Sensitive Zoning District.
(b)
Agricultural structures that are not associated with a special use permit application for farms exceeding the annual gross cash farm income threshold for "small family farms," as defined by the U.S. Department of Agriculture's Economic Research Service Farm Typology classification.
B.
No site work shall occur, including modification of existing stream channels, filling of lands with a moderate to high susceptibility to flooding, grading or removal of vegetation in areas with a moderate to high susceptibility to erosion or excavation for construction of site improvements, until the prospective project has received final site plan approval, a current instrument of financial security guaranteeing site work has been established, and (if applicable) a preconstruction meeting has occurred with the Town. Failure to comply shall be construed as a violation of this chapter and, where necessary, final site plan approval may require the modification, restoration or removal of unapproved site changes.
C.
Application for preliminary site plan approval. Any preliminary application for site plan approval shall be made in writing to the Building and Codes Department and shall be accompanied by the following information, prepared by an engineer, architect, landscape architect or surveyor duly licensed by the State of New York according to each person's particular discipline:
(1)
An area map showing the applicant's entire holding, that portion of the applicant's property under consideration and all properties, subdivisions, streets and easements within 500 feet of the applicant's property.
(2)
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 two feet of elevation shall be provided.
(3)
A preliminary site plan, including the following information:
(a)
Title of drawing, including name and address of applicant.
(b)
North point, scale and date.
(c)
Boundaries of the property plotted to scale.
(d)
Existing watercourses.
(e)
A site plan showing location, proposed elevations and height of all buildings; location and design of all parking and truck-loading areas, with access and egress drives thereto; location of outdoor storage, if any; location of all existing or proposed site improvements, including sidewalks, drains, culverts, retaining walls, dumpster enclosures, exterior mechanical devices, grading alterations, landscape features, erosion control features, water and electrical services and fences ; description of the method of stormwater drainage and sanitary sewage disposal and location and design of such sewerage facilities; location and size of all signs; location and proposed development of buffer areas; location, design and light distribution of lighting facilities; and a tabular breakdown of square footage of the intended uses of the building.
(4)
A tracing overlay showing all soil areas and their classifications, and those areas, if any, with moderate to high susceptibility to flooding and moderate to high susceptibility to erosion. The overlay shall also include an outline and description of existing vegetation.
D.
Factors for consideration.
(1)
The Planning Board's review of a preliminary site plan shall include, but is not limited to, the following considerations:
(a)
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, channelization structures and traffic controls.
(b)
Adequacy and arrangement of pedestrian traffic access and circulation, including separation of pedestrians from vehicular traffic, walkway structures, control of intersections with vehicular traffic and pedestrian convenience.
(c)
Location, arrangement, appearance and sufficiency of off-street parking and loading, including landscaping, curbs and provisions for adequate and safe interior pedestrian and vehicular traffic.
(d)
Location, arrangement, size and design of buildings, lighting and signs.
(e)
Adequacy, type and arrangement of trees, shrubs, embankments, berms, fences, walls and other landscaping constituting a visual and/or a noise-deterring buffer between these and adjoining lands.
(f)
In the case of an apartment house or multiple dwelling, the adequacy of usable open space for playgrounds and informal recreation.
(g)
Adequacy of stormwater drainage and sanitary sewage disposal facilities.
(h)
Adequacy of structures, roadways and landscaping in areas with moderate to high susceptibility to flooding and ponding and/or erosion.
(i)
Protection of adjacent properties against noise, glare, unsightliness or other objectionable features.
(j)
Structural adequacy of pavement for private roadways and parking areas with paved or unpaved surfaces.
(k)
Conformity with the Town of Perinton Comprehensive Plan, Design Specifications, Town of Perinton Historic Preservation Ordinance[1] and the Conservation Board's Open Space Inventory, as the same may be modified, amended or changed from time to time.
(l)
The protection of the general topographic features of the site and limitation of the amount of cut and fill necessary to accomplish the development.
(2)
In its review the Planning Board may consult with the Town Engineer, Parks and Recreation Commission, Conservation Board, Historic Architecture Commission, Monroe County Planning Department 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 Environmental Conservation. The Planning Board may require that the exterior design of all structures be made by or under the direction of a registered architect, whose seal shall be affixed to the plans, and submission of landscape plans made by or under the direction of a registered landscape architect, together with an estimate of the cost of installing the same. Each architect is to assume responsibility for the execution of the plans prepared by him.
E.
Modifications. The Planning Board may require such additional provisions and conditions that appear necessary for the public health, safety and general welfare, and it may waive, in appropriate circumstances, any of the above requirements which it deems not applicable to a particular application.
F.
Action on preliminary application.
(1)
Within 62 days of the receipt of a complete application for preliminary site plan approval, the Planning Board shall hold a public hearing. If no decision is made within 62 days following the hearing, the preliminary site plan shall be considered approved. The Planning Board's action shall be in the form of a written statement to the applicant stating whether or not the preliminary site plan is conditionally approved. A copy of the decision of the Planning Board shall be sufficient notice.
(2)
The Planning Board's statement may include recommendations as to desirable revisions to be incorporated in the final site plan, conformance with which shall be considered a condition of approval. If the preliminary site plan is disapproved, the Planning Board's statement will contain the reasons for such findings. In such case the Planning Board may recommend further study of the site plan and resubmission of the preliminary site plan to the Planning Board after it has been revised or redesigned.
G.
Application for final detailed site plan approval.
(1)
After receiving conditional approval from the Planning Board on a preliminary site plan, and approval for all necessary permits and curb cuts from state and county officials, the applicant may prepare his final detailed site plan and submit it to the Planning Board for approval, except that if more than six months has elapsed between the time of the Planning Board's report on the preliminary site plan and if the Planning Board finds that conditions have changed significantly in the interim, the Planning Board may require a resubmission of the preliminary site plan for further review and possible revision prior to accepting the proposed final site plan for review.
(2)
The final detailed site plan shall conform substantially to the preliminary site plan that has received preliminary site plan approval. It should incorporate any revisions or other features that may have been recommended by the Planning Board at the preliminary review. All such compliances shall be clearly indicated by the applicant on the appropriate submission. If a landscape plan was not submitted on prior applications, such a plan must be submitted with the application for final approval.
H.
Action on the final detailed site plan application.
(1)
If the application for final site plan approval is complete and satisfactory, the Planning Board shall schedule a public hearing to be held within 62 days from the time of submission of the complete application; unless, however, the Planning Board deems the final site plan to be in substantial agreement with the preliminary plat previously submitted and approved, in which case the public hearing may be waived. The hearing, if required, shall be advertised in a newspaper of general circulation in the Town at least five days before its scheduled date, and the property posted in accord with § 208-60E.
(2)
Upon approving an application, the Planning Board shall endorse its approval on a copy of the final site plan and shall forward it to the Director of Building and Codes, who shall then issue a building permit to the applicant if the project conforms to all other applicable requirements.
(3)
Upon disapproving an application, the Planning Board shall so inform the Director of Building and Codes, and he shall deny a building permit to the applicant. The Planning Board shall also notify the applicant in writing of its decision and its reasons for disapproval. A copy of the appropriate minutes may suffice for this notice.
I.
Expiration of site plan approval.
(1)
Such site plan approval granted for a proposed project will automatically terminate one year after its approval unless for one of the following occurrences:
(a)
A building permit has been issued and significant work has been commenced on the project.
(b)
The applicant has a current instrument of financial security in place for the prospective project that is acceptable to the Town, such as an active/valid letter of credit, which will keep all other related board approvals (Town Board, Zoning Board of Appeals, Historic Architecture Commission) in force. This does not include Planning Board subdivision approval, which is regulated by New York State Town Law § 276.
(c)
The applicant is tax exempt under Section 501(c)(3) of the United States Internal Revenue Code, in which case site plan approval for a proposed project will automatically terminate three years after its approval.
(2)
Such site plan approval may be terminated for cause at any time after 10 days' written notice to the applicant.
(3)
Such site plan approval will terminate if the approved use ceases to exist and remains nonexistent for more than one year.
J.
Site maintenance.
(1)
It shall be the duty of property owners to maintain their property in conformity with the approved site plan. Failure to do so shall constitute a violation of this chapter.
K.
Site plan review, residential.
(1)
Prior to issuing a building permit for the construction of a building, change of use of a building, change to an existing site plan or for a building where the site plan approval has expired on a lot in a Residential Sensitive Zoning District, the Director of Building and Codes shall refer the site plans for construction on such lot to the Planning Board for its review and approval. Exceptions for additions to one-family dwellings and accessory buildings are found in § 208-38H of this Code.
(2)
Application for preliminary site plan approval. Any preliminary application shall be made in writing to the Building and Codes Department and shall be accompanied by the information in Subsection J(3) through (6) below. Site plan approval for buildings which will cost in excess of $20,000 to construct shall be prepared by an engineer, architect, landscape architect or surveyor duly licensed by the State of New York according to each person's particular discipline.
(3)
An area map showing the applicant's entire holding, that portion of the applicant's property under consideration and all properties, subdivisions, streets and easements within 500 feet of the applicant's property.
(4)
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.
(5)
A preliminary site plan shall include the following information:
(a)
Title of drawing, including name and address of applicant.
(b)
North point, scale and date.
(c)
Boundaries of the property plotted to scale.
(d)
Existing watercourses.
(e)
A site plan showing location of the site within the Town, location of the building footprint location, design of all parking areas, with access and egress drives thereto; location of all existing or proposed site improvements, including sidewalks, drains, culverts, retaining walls, grading, landscape features, erosion control features, water and electrical services; description of the method of stormwater drainage and sanitary sewage disposal and the location and design of such sewerage facilities; location, design and light distribution of lighting facilities.
(6)
A tracing overlay showing all soil areas and their classifications, and those areas, if any, with moderate to high susceptibility to flooding and moderate to high susceptibility to erosion. The overlay shall also include an outline and description of existing vegetation.
(7)
Factors for consideration. The Planning Board's review of a preliminary site plan shall include, but is not limited to, the following considerations:
(a)
Adequacy and arrangement of vehicular traffic access and circulation.
(b)
Location, arrangement, appearance and sufficiency of parking.
(c)
Location, arrangement, size and design of buildings and lighting.
(d)
Adequacy, type and arrangement of embankments, berms, fences, walls and other landscaping.
(e)
Adequacy of stormwater drainage and sanitary sewage disposal facilities.
(f)
Adequacy of structures, roadways and landscaping in areas with moderate to high susceptibility to flooding and ponding and/or erosion.
(g)
Structural adequacy of pavement for private roadways and parking areas with paved or unpaved surfaces.
(h)
Conformity with the Town of Perinton Comprehensive Plan, Design Specifications, Town of Perinton Historic Preservation Ordinance[2] and the Conservation Board's Open Space Inventory, as the same may be modified, amended or changed from time to time.
(i)
The protection of the general topographic features of the site and limitation of the amount of cut and fill necessary to accomplish the development.
(8)
In its review the Planning Board may consult with the Town Engineer, Parks and Recreation Commission, Conservation Board, Historic Architecture Commission, Monroe County Planning Department 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 Environmental Conservation. The Planning Board may require that the submission of landscape plans be made by or under the direction of a registered landscape architect, together with an estimate of the cost of installing the same. Each architect is to assume responsibility for the execution of the plans prepared by him.
(9)
Modifications. The Planning Board may require such additional provisions and conditions that appear necessary for the public health, safety and general welfare, and it may waive, in appropriate circumstances, any of the above requirements which it deems not applicable to a particular application.
§ 208-54 Special permits.
[Amended 3-28-1990 by L.L. No. 2-1990; 6-27-1990 by L.L. No. 4-1990; 6-27-2001 by L.L. No. 5-2001; 3-13-2002 by L.L. 2-2002; 7-26-2006 by L.L. No. 4-2006; 3-10-2010 by L.L. No. 2-2010; 6-9-2010 by L.L. No. 4-2010; 2-24-2016 by L.L. No. 4-2016; 4-24-2019 by L.L. No. 2-2019; 12-18-2019 by L.L. No. 2-2020; 3-24-2021 by L.L. No. 2-2021; 3-9-2022 by L.L. No. 2-2022; 3-8-2023 by L.L. No. 1-2023]
A.
Purpose. Special permit uses are those uses having some special impact or uniqueness which requires a careful review of their location, design, configuration and special impact to determine, against fixed prescribed standards, the desirability of permitting their establishment on any given site. They are uses which may or may not be appropriate in a particular location depending on a weighing, in each case, of the need and benefit against the local impact and effect.
B.
Initiation. An application for a special permit may be filed by the owner of, or the person having a contractual interest in, the subject property. Such application shall be on forms provided by the Town of Perinton Building and Codes Department and be accompanied by a nonrefundable fee, as established by the Town Board. Within 62 days of receipt of a complete application, the appropriate board shall hold a public hearing. The Town Board shall be responsible for review and rendering of decisions on special permit applications within Town-designated historic districts. Following the public hearing and a determination under SEQRA, the board shall render a decision on the matter within 62 days, unless the time frame has been extended by mutual agreement.
C.
Effect of permit. A special permit issued in accordance with the provisions of this chapter shall authorize only the special permit use for which the permit is granted. Any use for which a special permit is granted shall be deemed a use permitted on the property upon which it is located, except that for any additional use or enlargement of such use, a separate use permit shall be required for each addition or enlargement. The special permit may include reasonable conditions related to the proposed use, which the issuing board determines to be necessary or appropriate to ensure that the applicable standards and safeguards set forth in this section for the use can be and will be met and/or adhered to. Unless the approving board specifies a different period, a special permit shall be valid for a period of one year, at which time permit holders must apply for renewal. Failure to exercise, maintain or continue a use which has been granted a special permit for a period of one year shall render such permit void. Revocation of a special permit shall be regulated in accordance with § 208-54H of this chapter.
D.
Standards for special permits. Before granting approval to any special permit use, the approving board shall determine whether the proposed special use will, among other things, satisfy the following considerations:
(1)
The use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts.
(2)
The public health, safety, general welfare or order of the Town will not be adversely affected by the proposed use in its location.
(3)
The use will be in general harmony with and promote the general purposes and intent of the most recent Comprehensive Plan of the Town and the Zoning Ordinance.
(4)
The proposed use will not interfere with the preservation of the general character of the neighborhood in which such building is to be placed or use is to be conducted and that the proposed use will, in fact, be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance.
(5)
The physical characteristics and topography of the proposed site make it suitable for the proposed special use.
(6)
The proposed special use provides sufficient landscaping and/or other forms of buffering to protect surrounding land uses.
(7)
The property has sufficient, appropriate and adequate area for the use, as well as reasonably anticipated operation thereof.
(8)
Access to facilities is adequate for the estimated vehicular and pedestrian traffic generated by the proposed use on public streets and sidewalks, so as to assure public safety and to avoid traffic congestion.
(9)
Adequate parking and internal vehicular and pedestrian traffic circulation can be accommodated on the property in compliance with other sections of the Code, taking into account adequate buffering and landscaping.
(10)
Adequate facilities exist or can be integrated into the site development to properly deal with stormwater runoff, sanitary sewers, fire protection, electrical power needs, refuse or other waste that may be generated, odors, noise or lights which may go beyond property boundaries.
(11)
The natural characteristics of the site are such that the proposed use may be introduced on the property without undue disturbance or disruption of important natural features, systems or processes and without negative impact to groundwater and surface waters on and off the site.
(12)
The proposed use can and will comply with all provisions of this chapter and of the Code which are applicable to it and can meet every other applicable federal, state, county and local law, ordinance, rule or regulation.
E.
Additional standards for drive-through facilities in historic districts. Drive-through facilities shall be sited and designed in such a way to reinforce the walkable, village-like characteristics of the historic areas and shall pay special attention to the relationship between the building and the public street. Front yards shall not be used for parking. Buildings shall provide direct pedestrian connections between the main entrance and the public sidewalk. Before granting approval to any special permit use for a drive- through facility within Town-designated historic districts, the Town Board shall determine whether the proposed special use meets the following criteria:
(1)
Minimum lot size shall be 30,000 square feet.
(2)
Drive-through menu boards and ordering windows shall be located completely behind the structure at the rear of the property. Fifty percent of the total stacking lanes shall be located at the rear of the property and must be shielded from view by the building, hardscape or landscape treatments.
(3)
The capacity of the drive-through stacking lanes should not interfere with the overall traffic flow within the parking lot. A length of 180 feet by a minimum of 10 feet in width of space should be available for on-site vehicular stacking. Stacking lanes should be clearly delineated with striping, curbing or landscaping and physically separate from the public sidewalk to the main entrance and from the on-site parking area to the main entrance.
(4)
Each parcel with a drive-through facility shall be limited to one point of shared ingress and egress. Where possible, cross access to the closest shared drive shall be provided.
(5)
Noise. Decibel levels shall not exceed 60 dBA at the closest residential property line.
(6)
The drive-through speaker box shall be a minimum of 100 feet from the closest residential structure.
(7)
Menu boards shall be a maximum of 20 square feet with a maximum height of five feet and shall be shielded from any public street and residential properties with decorative treatments and landscaping.
(8)
Landscaping along exterior lot lines shall include a twelve-foot-wide vegetative buffer of trees and shrubs or a six-foot fence screening constructed of low-maintenance natural materials, including brick, stone, or wood with a vegetative buffer of five feet.
(9)
Hours of the drive-through operation shall be limited to 6:00 a.m. to 10:00 p.m.
(10)
Proposed drive-through facilities shall be sited a minimum of 350 feet from the nearest existing drive-through facility, measured from property line to property line.
(11)
Luminaries/lighting fixtures shall not exceed 16 feet in height in vehicular areas and 10 feet in pedestrian areas.
(12)
Flood and area lighting shall be prohibited.
(13)
No outdoor lighting with a greater intensity than 1/2 footcandle, measured at five feet above the ground at the property line, shall be installed adjacent to a residential district.
F.
Temporary activity permit.
(1)
Purpose. The Town of Perinton recognizes that from time to time property owners and organizations wish to undertake activities which are temporary in nature that are not listed as permitted uses within the Zoning Code but provide a benefit or service to the community. These include, but not exclusively, fund-raising events by not-for-profit organizations, outside sales and displays, fireworks displays and large public gatherings. These activities are recognized as important to the sense of community, and with careful planning they will not be detrimental to public safety or the general welfare of the community.
(2)
Issuance.
(a)
The Zoning Board of Appeals may issue a temporary activity permit for the use of a specified area in any zoning district for temporary activities not otherwise permitted in such zoning district. The Commissioner of Public Works, or designated representative, may require the applicant to submit such information as may be required, including the location of all structures on the premises where the proposed temporary activity is to be conducted.
(b)
In granting a temporary activity permit, the Zoning Board of Appeals may impose such conditions on the temporary activity permit as are necessary to ensure that the standards for special use permits are met, as set forth in § 208-54B.
(c)
Any temporary activity permit granted hereunder may be revoked immediately by the Commissioner of Public Works, or designated representative, in the event that the use granted violates any of the conditions of its issuance or shall have become a public nuisance.
(d)
Temporary activity permits are not required for activities conducted exclusively on property wholly owned or managed by the Town of Perinton. Prospective permits will be reviewed under the discretion and guidance of the Town staff.
G.
Notice of application. All applicants for special permits or temporary activity permits shall be subject to the posting of "notice of application/property under review" signs in accordance with guidelines set by the Director of Buildings and Codes. Said sign shall notify the public of a pending application and hearing and shall be posted not less than 14 days prior to and up to the date of the hearing. The Town shall advertise the application in the official newspaper of the Town, as required by § 274-b of the Town Law.
H.
Revocation of special permit and temporary activity permit. A use authorized by a special permit may be revoked by the original approving board if it is determined, after a public hearing, that there has been a material failure of compliance with any one of the terms, conditions, limitations or requirements imposed by said permit.