Salina City Zoning Code
ARTICLE III
District Regulations
§ 235-7 R-1 Districts: One-Family Residential District.
A.
Intent. The purpose and intent of this district is to provide areas where the living environment associated with one-family residential development is encouraged and preserved. It is the specific purpose and intent to:
[Amended 6-28-2021 by L.L. No. 9-2021]
(1)
Encourage the use of the land for one-family residential dwellings and the development of recreational, educational and religious facilities required for a balanced residential neighborhood.
(2)
Prohibit all short-term leasing, business, commercial and industrial uses.
(3)
Discourage all uses which would generate other than normal traffic on residential streets.
D.
Lot requirements.
(1)
Minimum lot area: 6,000 square feet of lot area shall be provided for each one-family dwelling or special use permitted in this district.
(2)
Minimum lot width: 60 feet.
(3)
Maximum lot coverage: 30%.
(4)
Minimum front yard setback: 25 feet.
(5)
Minimum side yard setback, each side: five feet.
(6)
Minimum rear yard setback: 25 feet.
(7)
Maximum height of structures: 30 feet.
§ 235-8 R-1A Districts: One-Family Residential District.
A.
Intent. The purpose and intent of this district is to provide areas which permit one-family dwellings on existing smaller-sized lots and at a greater density than permitted in other one-family districts, while still protecting the amenities and characteristics associated with low-density residential development. It is the specific purpose and intent to:
[Amended 6-28-2021 by L.L. No. 9-2021]
(1)
Encourage the continuous use of land for one-family residential dwellings and the development of recreational, educational and religious facilities required for a balanced one-family residential neighborhood.
(2)
Prohibit short-term leasing, business, commercial and industrial uses.
(3)
Discourage all land use that would generate other than normal traffic on residential streets.
D.
Lot requirements.
(1)
Minimum lot area: 4,000 square feet of lot area shall be provided for each one-family dwelling or special use permitted in this district.
(2)
Minimum lot width: 40 feet.
(3)
Maximum lot coverage: 30%.
(4)
Minimum front yard setback: 20 feet; except that an open porch or deck not exceeding 35 square feet in area may extend into the required front yard setback, provided that in no case shall the front yard setback be reduced to less than 10 feet.
(5)
Minimum side yard setback, each side: five feet.
(6)
Minimum rear yard setback: 20 feet.
(7)
Maximum height of structures: 30 feet.
§ 235-9 R-2 Districts: One- and Two-Family Residential District.
A.
Intent. The purpose and intent of this district is to provide areas where the living environment associated with one- and two-family residential development is encouraged and preserved. It is the specific purpose and intent to:
[Amended 6-28-2021 by L.L. No. 9-2021]
(1)
Encourage the use of the land for one- and two-family residential dwellings and the development of recreational, educational and religious facilities required for a balanced one- and two-family residential neighborhood.
(2)
Prohibit all short-term leasing, business, commercial and industrial uses.
(3)
Discourage all uses which would generate other than normal traffic on residential streets.
§ 235-10 R-3 Districts: One- and Two-Family Residential District.
A.
Intent. The purpose and intent of this district is to provide areas which permit one- and two-family dwellings on existing smaller-sized lots and at a greater density than permitted in other one- and two-family districts, while still protecting the amenities and characteristics associated with low-density residential development. It is the specific purpose and intent to:
[Amended 6-28-2021 by L.L. No. 9-2021]
(1)
Encourage the use of the land for one- and two-family residential dwellings and the development of recreational, educational and religious facilities required for a balanced one- and two-family residential neighborhood.
(2)
Prohibit all short-term leasing, business, commercial and industrial uses.
(3)
Discourage all uses which would generate other than normal traffic on residential streets.
§ 235-11 R-4 Districts: Multiple-Family Residential District.
A.
Intent. The purpose and intent of this district is to provide areas where the living environment associated with multiple-dwelling-unit development is encouraged and preserved. It is the specific purpose and intent to:
[Amended 6-28-2021 by L.L. No. 9-2021]
(1)
Encourage multiple-dwelling-unit developments near or adjacent to highways designed to handle traffic volumes higher than those generated on one- and two-family residential streets.
(2)
Encourage the development of recreational facilities and off-street parking within multiple-dwelling-unit developments.
(3)
Prohibit all short-term leasing, business, commercial and industrial uses.
C.
Special permit uses. The following uses are permitted upon the issuance of a special permit, pursuant to § 235-42 of this chapter:
(1)
Schools.
(2)
Churches, parish houses and convents.
(3)
Utility service facilities.
(4)
Cemeteries.
(5)
Transitional parking areas.
(6)
Multiple dwellings used exclusively or in part for group quarters or care homes.
(7)
Offices and personal-service shops when located on the first story of a principal structure, used as a multiple dwelling for group quarters or care homes, and provided that no sign or advertising device be permitted that would be visible from the street or a public highway; and further provided that such use will not alter the essential character of the adjacent neighborhood or district.
D.
Lot requirements.
(1)
Minimum lot area:
(a)
Six thousand square feet shall be provided for each one-family dwelling or special use permitted in this district.
(b)
Ten thousand square feet shall be provided for each two-family dwelling.
(c)
Three thousand five hundred square feet shall be provided for each dwelling unit contained in a multiple dwelling or townhouse.
(3)
Maximum lot coverage: 30%.
(4)
Minimum front yard setback: 30 feet.
(6)
Minimum rear yard setback: 30 feet.
(7)
Maximum height of structures: 30 feet.
E.
Multiple dwellings:
(1)
The maximum number of dwelling units per principal structure, except court structures, shall be 10 units. The maximum number of dwelling units per court structure shall be 30.
(2)
Distances between structures. The minimum distance between principal structures or court structures shall be 30 feet as measured in any direction. The minimum width between facing walls of an inner court shall be 40 feet.
(3)
All access roads in excess of 100 feet in length shall be public streets and may be included in computing applicable lot area requirements.
§ 235-11.1 R-5 Districts: Multiple-Family Residential/Commercial District.
[Added 3-25-2019 by L.L. No. 2-2019]
A.
Intent. The intent of this district is to provide a similar use as the R-4 District but to permit limited commercial uses on the first floor of a multiple dwelling erected in an appropriate location for this type of use.
B.
C.
Lot requirements.
(1)
Minimum lot area: 3,500 square feet shall be provided for each dwelling unit contained in a multiple dwelling.
(2)
Minimum lot width: 200 feet.
(3)
Maximum lot coverage: 30%.
(4)
Minimum front yard setback: 30 feet if no commercial use; 75 feet with commercial use(s).
(5)
Minimum side yard setback: 30 feet.
(6)
Minimum rear yard setback: 40 feet.
(7)
Minimum floors: two.
(8)
Maximum height of structures: 40 feet.
(9)
Minimum distance between principal or court structures shall be 30 feet as measured in any direction. Minimum width between facing walls of an inner court shall be 40 feet.
(10)
All access roads in excess of 100 feet in length shall be public streets and may be included in computing applicable lot area requirements.
§ 235-12 R-O Districts: Open-Land District.
A.
Intent. The intent of this district is to maintain a quality of environment to provide for leisure, recreational areas, facilities, baseball diamonds, walking trails, bicycle trails, swimming pools, recreation buildings and all other uses related directly to the statement of intention hereinabove set forth and to permit a conservative balance of R-1 District uses compatible with these overall objectives.
B.
Uses permitted.
(1)
Open green areas, parks, recreation areas, public or private golf courses, driving courses, recreational facilities, baseball diamonds, walking trails, bicycle trails, swimming pools, recreation buildings and all other uses related directly to the statement of intention hereinabove set forth.
(2)
Agricultural uses.
(3)
In the case of interpretation as to the compatibility of such other uses, such matters shall be referred to the Board of Appeals for interpretation.
§ 235-13 R-T Districts: Planned Mobile Home Park District.
A.
Intent. The purpose and intent of this district is to provide areas where the residential living environment associated with high-quality mobile home parks is encouraged and preserved. It is the specific purpose and intent to:
[Amended 6-28-2021 by L.L. No. 9-2021]
(1)
Encourage mobile home parks near or adjacent to highways designed to handle large traffic volumes.
(2)
Prohibit individual ownership of mobile home sites.
(3)
Encourage the development of recreational facilities and off-street parking within mobile home parks.
(4)
Prohibit all short-term leasing and other residential, business, commercial and industrial uses.
D.
Lot requirements.
(1)
A minimum area of 4,000 square feet shall be provided for each mobile home site. The minimum lot area for each special use permitted in this district shall be 6,000 square feet.
(2)
Minimum lot width: 55 feet.
(3)
Maximum lot coverage: 40%.
(4)
Minimum front yard setback: 15 feet.
(5)
Minimum side yard setback, each side: 10 feet.
(6)
Minimum rear yard setback: 15 feet.
(7)
Maximum height of structures: 30 feet.
E.
All mobile home sites situated within a mobile home park shall be owned by the park owner and shall be leased to the mobile home owner.
F.
Sale of mobile homes; mobile home for model purposes.
(1)
No mobile home shall be offered for sale, displayed for sale or sold within a mobile home park unless such mobile home is fully connected to all operating utilities and is placed on a site in the mobile home park.
(2)
No more than one mobile home for model purposes on a mobile home site shall be permitted in a mobile home park.
G.
The outside storage of any equipment, furniture, tools or similar material in this district is prohibited.
§ 235-14 C-1 Districts: Neighborhood Commercial District.
A.
Intent. The intent of this district is to provide areas, in or adjacent to residential neighborhoods, for commercial uses which provide essential convenience goods and services to the residents thereof. It is the specific intent to prohibit uses which would:
D.
Lot requirements.
(1)
Six thousand square feet of lot area shall be provided for each use or special use permitted in this district.
(2)
Minimum lot width: 60 feet.
(3)
Maximum lot coverage: 50%.
(4)
Minimum front yard setback: 20 feet.
(5)
Minimum side yard setback, each side: 10 feet.
(6)
Minimum rear yard setback: 25 feet.
(7)
Maximum height of structures: 30 feet.
E.
Outside storage. The outside storage of any equipment, products, raw materials, waste or similar material in this district is prohibited.
§ 235-15 C-2 Districts: Highway Commercial District.
A.
Intent. The intent of this district is to provide areas, on highways designed to handle large traffic volumes, for commercial uses which primarily serve the motoring public and which function rather independently of each other. It is the specific intent to confine the use of this district to existing areas that have been developed in this fashion without extension, to prohibit residential uses and to prohibit uses which would:
B.
The Town Board of the Town of Salina hereby makes a specific legislative finding that C-2 Districts were patterned to accommodate an existing conglomeration of uses, and that any extension thereof should bear the closest scrutiny by the Town Board and all other boards concerned with any zone change or variance to C-2 Districts so that the strict intention of this section may be carried out.
D.
Special permit uses. The following uses are permitted subject to the issuance of a special permit therefor, pursuant to § 235-42 of this chapter:
(1)
Restaurants; drive-in restaurants; packaged-food restaurants.
(2)
Gasoline service facilities.
(3)
Motor vehicle leasing facilities.
(4)
Recreation facilities, including clubs, miniature golf and driving ranges (exclusive of golf courses).
(5)
Funeral homes.
(6)
Animal hospitals and kennels.
(7)
Transitional parking areas.
(8)
Utility service facilities.
(9)
Cemeteries.
F.
Outside storage. The outside storage of any equipment, products, raw materials, waste or similar material in this district is prohibited, as well as the outside storage of disabled vehicles, parts thereof, vehicles not qualifying for a New York State automobile inspection sticker, wrecked vehicles and parts thereof, and junk of any type.
§ 235-16 C-3 Districts: Planned Commercial District.
A.
Intent. The intent of this district is to provide areas, on highways designed to handle large traffic volumes, for well-planned and -designed commercial uses which primarily serve the motoring public and which are generally compatible with each other. It is the specific intent to prohibit residential uses and uses which would:
B.
Uses permitted.
(1)
Restaurants; drive-in restaurants; packaged-food restaurants.
(2)
Hotels; motels.
(3)
Retail sales and service.
(4)
Offices.
(5)
Radio and television studios.
(6)
Shopping centers, provided that no gasoline service facility use shall be permitted except upon the issuance of a special permit therefor.
(7)
Theaters.
(8)
Day-care centers.
C.
Special permit uses. The following uses are permitted subject to the issuance of a special permit therefor, pursuant to § 235-42 of this chapter:
(1)
Gasoline service facilities.
(2)
New motor vehicle sales facilities.
(4)
Outdoor theaters.
(5)
Recreation facilities, including clubs, miniature golf and driving ranges (exclusive of golf courses).
(6)
Funeral homes.
(7)
Animal hospitals and kennels.
(8)
Transitional parking areas.
(9)
Utility service facilities.
(10)
Cemeteries.
(11)
Used motor vehicles sales facilities with motor vehicle services and motor vehicle body repair services for the general public.
[Amended 9-8-2008 by L.L. No. 4-2008]
(12)
Motor vehicle services facilities.
E.
Outside storage. The outside storage of any equipment, products, raw materials, waste or similar material in this district is prohibited, as well as the outside storage of disabled vehicles, parts thereof, vehicles not qualifying for a New York State automobile inspection sticker, wrecked vehicles and parts thereof, and junk of any type.
§ 235-17 O-1 Districts: Professional Office District.
A.
Intent. The intent of this district is to promote districts containing only office uses in areas where the additional uses permitted in other office and light industrial districts might be detrimental to adjoining uses areas. It is the specific intent to:
D.
Lot requirements.
E.
Outside storage. The outside storage of any equipment, products or similar material in this district is prohibited.
§ 235-18 O-2 Districts: Office and Light Industrial Park District.
A.
Intent. The intent of this district is to provide areas, near or adjacent to highways designed to handle large traffic volumes, where the quality of environment associated with well-planned and -designed office and light industrial parks is encouraged and preserved. It is the specific intent to:
B.
Uses permitted.
(1)
Offices.
(2)
Research and testing centers; data-processing centers.
(3)
Light manufacturing and processing; warehousing facilities, but, in no event shall warehousing facilities be interpreted to mean public storage facilities.
[Amended 3-27-2023 by L.L. No. 2-2023]
(4)
Wholesale distribution centers.
(5)
Utility facilities.
(6)
Municipal, state and federal airports.
(7)
Day-care centers.
C.
Special permit uses. The following uses are permitted by special permit issued pursuant to § 235-42 of this chapter:
(1)
Transitional parking areas.
(2)
Utility service facilities.
(3)
Cemeteries.
(4)
Funeral homes.
[Added 10-13-2008 by L.L. No. 6-2008]
(5)
Educational, career or vocational facilities for persons of high school age and/or adults.
[Added 4-28-2014 by L.L. No. 1-2014]
(6)
Care homes.
[Added 4-13-2015 by L.L. No. 3-2015]
D.
Lot requirements.
(1)
Minimum lot area: 20,000 square feet.
(2)
Minimum lot width: 100 feet.
(3)
Maximum lot coverage: 50%.
(4)
Minimum front yard setback: 50 feet.
(5)
Minimum side yard setback, each side: 20 feet.
(6)
Minimum rear yard setback: 20 feet.
(7)
Maximum height of structures: 30 feet; except 60 feet in a complex of 50 or more acres under single ownership.
E.
Outside storage. The outside storage of any equipment, products, raw materials, waste or similar material in this district is prohibited, excepted therefrom all containerized storage of materials and products incidental to manufacturing processes.
§ 235-19 I-1 Districts: Industrial District.
A.
Intent. The intent of this district is to provide areas, near or adjacent to highways designed to handle large traffic volumes, for industrial, heavy commercial and other uses which are not generally compatible with the uses permitted in other districts or which are not otherwise permitted in this chapter.
C.
Special permit uses. The following uses are permitted by special permit issued pursuant to § 235-42 of this chapter:
(1)
Transitional parking areas.
(2)
Outdoor theaters.
(3)
Utility service facilities.
(4)
Cemeteries.
(5)
Animal hospitals and kennels.
(6)
Sanitary landfills; junkyards; automotive graveyards; crematories; slaughterhouses; and rendering plants.
(7)
Automobile repairs and service, indoors.
(8)
Motor vehicle body repair services facilities.
(9)
All uses not specifically identified as permitted or prohibited uses herein.
(10)
Small wind energy systems.
[Added 7-13-2009 by L.L. No. 2-2009]
D.
Lot requirements.
(1)
Minimum lot area: 20,000 square feet.
(2)
Minimum lot width: 100 feet.
(3)
Maximum lot coverage: 50%.
(4)
Minimum front yard setback: 50 feet.
(5)
Minimum side yard setback, each side: 20 feet.
(6)
Minimum rear yard setback: 20 feet.
(7)
Maximum height of structures: 45 feet; except 60 feet in a complex of 50 or more acres under single ownership.
§ 235-20 OL-1 Motor Vehicle Service Facilities Overlay District.
A.
Statement and purpose. The Town recognizes that motor vehicle service and repair as defined in this chapter are an essential element of the community that must be readily available to the driving public and are beneficial to the safety and welfare of its citizens. The purpose of the Motor Vehicle Service Facilities Overlay District is to ensure that these facilities are located in areas that are readily available and in general harmony with the adjacent neighborhood or district.
B.
Permitted uses. Any use permitted either by right or by special permit in the underlying zoning district shall be permitted in the Motor Vehicle Service Facilities Overlay District.
C.
Special permit required. A special permit shall be required for any motor vehicle service facility. Such special permit shall not be issued unless all provisions and requirements of the underlying zoning district on which the lot is located, or where more restrictive the requirements of this section, and all provisions of this section are complied therewith.
(1)
Minimum lot size: 25,000 square feet.
(2)
Minimum lot width: 200 feet.
(3)
Entrance or exit driveways shall be located at least 25 feet from any side or rear lot lines and at least 35 feet from any intersecting street right-of-way line. Such driveways shall be laid out so as to avoid the necessity of any vehicle backing across any public street right-of-way.
(4)
All repairs or services, other than the dispensing of fuel, oil, water and air of vehicles shall be provided or performed indoors.
(5)
No unlicensed or dismantled motor vehicles or motor vehicle parts may be stored outdoors.
§ 235-21 Office Overlay District.
[Added 7-11-2011 by L.L. No. 2-2011]
A.
Statement and purpose. The Town has recognized in its Corridor Studies and its Comprehensive Zoning that there are limited residential areas, such as a portion of the east side of Buckley Road between Melvin Drive and Vickery Street, which by reason of the nature and amount of traffic and other conditions may cause the value of homes to be diminished resulting in deterioration of the neighborhood. To offset such possible trend, the Town wishes to provide an alternate and compatible use for these areas to preserve value and appearance of the neighborhood.
B.
Relationship to underlying zone. The OL-2 District is an overlay zone. All parcels of land within this overlay district retain their underlying zone and are subject to the regulations thereof except as otherwise provided for herein.
C.
Permissible use. In addition to those uses provided by the underlying zone, the following use is permitted upon the granting of a special permit:
(1)
Office.
D.
Restrictions on use. No special use permit shall be granted for the operation of an office unless the Salina Planning Board finds that the proposed operation adheres to the following restrictions:
(1)
The residential use of the property shall be discontinued and the property shall be used exclusively for an office.
(2)
The original residential character and any style of any existing house shall be preserved or enhanced and any new or replacement building shall maintain the residential style and character of the neighborhood.
(3)
One freestanding sign shall be permitted which shall comply with the provisions contained in § 235-27B(5)(a) except that such sign shall not exceed more than 12 square feet in area nor more than four feet in height from the highest point of said sign including supporting structures to the average finished below said sign and shall not be illuminated.
(4)
No new parking area or spaces shall be created in the front yard, side yard setbacks.
(5)
No outdoor storage will be permitted.
(6)
Provision shall be made by the applicant for commercial refuse pickup, but in no case shall a dumpster be used.
(7)
Maximum building size: 2,500 square feet gross floor area.
§ 235-22 Creation of overlay districts.
[Added 12-14-2020 by L.L. No. 13-2020; 12-29-2020 by L.L. No. 14-2020]
A.
Purpose. The purpose of this section is to create a procedure whereby the Town Board may create additional zoning classifications within the Town in the form of an overlay district.
B.
Creation of overlay district. An overlay district may be created for the purpose of improving, developing, and/or generally enhancing any property, or group of properties, within the Town, including but not limited to any neighborhood, street, business area or other defined area of the Town. Properties to be included in any particular overlay district shall generally share common characteristics and goals for aesthetics, economics, safety and/or convenience.
D.
Adoption of overlay district. In the adoption of any overlay district, the Town Board shall follow the procedures for adoption of zoning regulations as same are set forth in § 264 of the Town Law of the State of New York.
E.
Where an overlay district is created by the Town Board, any such local law which creates an overlay district shall define the purposes, goals, restrictions and requirements that will be applicable to the overlay district and shall specifically delineate all properties to be included in the overlay district.
F.
Any requirements of an overlay district so created in the Town shall be subject to enforcement in accordance with this Code with the same force and effect as all other zoning districts in the Town.
§ 235-23 Repurposing and Reuse Floating Overlay District.
[Added 12-14-2020 by L.L. No. 13-2020; 12-29-2020 by L.L. No. 14-2020]
A.
Purpose. This Repurposing and Reuse Overlay District ("RROD") is hereby created under the authority of Town Code § 235-22, and the specific objectives of this RROD District are to:
(1)
Encourage the reuse and repurposing of older commercial buildings that have either been abandoned or have become underutilized.
(2)
Achieve a pattern of development that encourages restoration of existing buildings and a development that encourages people to walk, ride a bicycle or use public transit:
(3)
Allow for a mix of uses, inclusive of residential, designed to attract pedestrians;
(4)
Discourage singular use buildings developed as isolated islands within an expansive parking lot;
(5)
Encourage the adaptive reuse of aging commercial buildings;
(6)
Provide a high level of amenities that create a comfortable environment for pedestrians, bicyclists, and other users;
(7)
Provide sufficient density of employees, residents and recreational users to support public transit, while generating a percentage of trips serviceable by public transit;
(8)
Maintain an adequate level of parking appropriate to the use and integrate this use safely with pedestrians, bicyclists, and other users;
(9)
Take advantage of existing infrastructure and resources available on site and encourage development compatible with existing land use and contours on the site.
B.
Applicability.
(1)
The requirements of this chapter are applied after voluntary application to the Town Board requesting the application of such RROD and adoption by the Town Board and amendment of the Official Zoning Map of the Town of Salina:
(4)
The applicable regulations for specified use requirements applying to all districts, all requirements of the zoning district in which the structure, use or property is situated shall apply to all structures, uses or property within the RROD, except as same may be specifically modified in this chapter. Notwithstanding this subsection or any underlying zoning district dimensional requirements, including but not limited to height or setbacks, any existing building on the proposed RROD site that is proposed to be reused or restored shall be considered a nonconforming use and will not be required to meet dimensional requirements of the underlying zoning. All newly built structures shall meet all the dimensional requirements of the underlying zoning district.
(5)
Until all requirements of this chapter are followed, including the amendment of the Official Zoning Map of the Town of Salina as contemplated herein, the zoning district and its requirements pursuant to the Code of the Town of Salina remain unchanged.
C.
General overview. Mixed use is intended to provide a development where residential uses, accompanied by commercial uses, are integrated into a pedestrian-friendly neighborhood. Project amenities that address this objective include but are not limited to:
(1)
Sidewalks throughout the development, including walkways within parking lots.
(2)
Architectural street lighting and site furniture.
(3)
Consistent architectural theme throughout.
(4)
Extensive landscaped and green areas with feature areas for pedestrian and public use.
(5)
Clustering of new buildings which allow for large areas for walks, pathways and recreational areas, as well as connections to adjoining properties, off-site community connection for pedestrians to nearby uses and facilities, as well as possible future uses and facilities.
(6)
Reuse or repurposing of existing buildings that have historical significance but have been abandoned.
D.
Overall project density shall be based on the parameters described herein in consultation with the Planning Board prior to overlay site plan consideration and/or subdivision preparation.
E.
Dwelling units in any residential district shall not be converted or altered to allow other uses.
(1)
This provision shall not be deemed to prohibit the use of a portion of the building or structure as living quarters for caretakers or attendants of places of worship or institutions where such uses are authorized in any zoning district;
F.
Street-level uses.
(1)
(2)
Street-level uses must be oriented toward the primary street or streets, public or private, in the mixed-use development.
§ 235-24 Planned Unit Development District.
[Added 5-22-2023 by L.L. No. 6-2023; amended 1-27-2025 by L.L. No. 2-2025]
A.
Legislative intent. A Planned Unit Development ("PUD") provides flexibility and encourages a variety of land uses and innovative design techniques that otherwise would be restricted by standard use and area regulations contained within the Town of Salina Zoning Law. A PUD may be placed in the C-1, C-2, C-3, O-2, I-1 and R-O Districts at the discretion of the Town Board and pursuant to this § 235-24.
B.
Legislative purpose. The Town of Salina, Onondaga County, New York, hereby finds and determines that:
(1)
When coordinated with the comprehensive plan, a PUD can be an effective tool to encourage development in ways that support the community goals and priorities outlined in the Town of Salina Comprehensive Plan and its Zoning Code.
(2)
This section provides a process to allow for the approval of a beneficial development plan that would not otherwise be possible due to existing zoning laws that regulate permissible uses and bulk requirements. A PUD provides flexibility in the regulation of land use development in order to:
(a)
Encourage innovation in land use variety and design, in the layout and type of new structures and in their integration with existing structures;
(b)
Enhance efficiency in the use of land, natural resources, energy, community services and utilities;
(c)
Encourage open space preservation and protection of natural resources, historic sites and structures;
(d)
Facilitate the construction of multiunit housing and improved residential environments;
(e)
Enhance the Town's ability to promote business and employment opportunities;
(f)
Preserve the safety and efficiency of the State, County and Town transportation system within the Town of Salina;
(g)
Provide for logical and orderly extensions of water, sewer and utility infrastructure; and
(h)
Provide for a unified and logical pattern of development to land areas determined to be appropriate for growth as outlined in the Town of Salina Comprehensive Plan.
(i)
Develop land that has unique characteristics, including water bodies, steeper slopes, topographic challenges, connectability to population centers and/or commercial areas and authorize growth to meet goals and policies of the Town of Salina.
C.
Authority. In addition to any other powers and authority to plan and regulate by zoning, the Town of Salina hereby enacts requirements for the review of applications to establish a Planned Unit Development District and the establishment and simultaneous mapping of Planned Unit Development Districts pursuant to the provisions of this § 235-24.
D. DISTRICT PLAN DISTRICT PLAN APPROVAL PLANNED UNIT DEVELOPMENT (PUD) PLANNED UNIT DEVELOPMENT DISTRICT (PUD DISTRICT) PUD SITE PLAN PUD SITE PLAN APPROVAL
Definitions.
As used in this section, the following terms shall have the meanings indicated:
A proposal for a PUD prepared in a manner prescribed by local regulation showing general layout of the proposed project. The plan will establish the allowable uses and design guidelines within the PUD. The District Plan will establish bulk requirements for the district, including, lot sizes, setbacks, height limits, buffers, screening, open space areas, lighting, signage, landscaping, parking and loading, traffic circulation, protection of natural resources, public or private amenities and such other elements as may be required by local regulation.
The approval with conditions, if any, of the proposed PUD and the simultaneous amendment of the local zoning law or ordinance by the legislative body to create and map a Planned Unit Development District within a land area designated by the Town Board.
A site upon which residential, commercial, industrial or other land uses or any combination thereof may be authorized in a flexible manner so as to achieve the goals of the Town Comprehensive Plan and the Town Zoning Code.
The location where a District Plan has been approved by the Town Board.
A plan prepared pursuant to § 235-41 of the Town of Salina Zoning Law showing information as is required by local law or regulations.
The signing of a final plan by a duly authorized member of the Town Zoning Board of Appeals pursuant to a resolution granting final approval to the plan or after conditions, if any, specified in said resolution granting conditional approval of the plan are completed. Such final approval qualifies the plan for filing in the office of the Town Clerk as provided herein. Final approval shall be decided by the Town Zoning Board of Appeals.
E.
Overview of process.
(1)
An applicant that seeks to establish a PUD District Plan in the Town must submit a PUD District Plan application to the Town Board. Only persons who can demonstrate legal control over the parcel(s) covered by the proposed PUD district, or their authorized representative(s), may file a PUD District application. A contract-vendee for a parcel or parcels of land may be considered to have sufficient legal control for purposes of submitting a PUD District Plan application.
(2)
The establishment of a PUD District Plan shall require two steps: i) approval of the PUD District Plan Application; and ii) enactment of a local law to adopt the provisions of the PUD District Plan, establish the legal boundaries of the district and to amend the Town Zoning Map.
(3)
After a PUD District Plan has been adopted by the Town Board, the applicant must obtain PUD Site Plan Approval for the project from the Town Zoning Board of Appeals.
(4)
No permit for the erection of a building or structure or development of the site may be granted until after all necessary approvals under this article have been issued.
(5)
The applicant for a PUD District shall pay and the Town shall be entitled to receive reimbursement for expenses associated with the review of any application submitted pursuant to this article.
F.
Planned Unit Development District Plan application requirements. The following must be submitted as part of an application to establish a PUD District Plan:
(1)
PUD District Plan description. The application must include a description of the proposed PUD District Plan requirements, including the types of land uses, bulk requirements, parking requirements, the regulations of signage, as well as provisions, if any, relating to cluster development, incentives, bonuses, open space, design guidelines and the preservation of historic resources;
(2)
PUD District plan map. The applicant must provide a map of the PUD District Plan identifying the location of permissible land uses, roads, sidewalks, drainage, landscaped areas, parking, utilities and the total acreage of the proposed PUD District. In no instance shall a PUD District be bisected by a State Highway or County Highway. However, an area that includes land divided by internal private roads or roads intended to be dedicated to the Town, may be considered to be contiguous for the purpose of complying with this requirement.
(3)
Phasing plan. The application must include a schedule describing all phases for the completion of buildings, public and private facilities and site improvements for the full buildout of the development and shall clearly indicate all aspects of the phasing of the entire development.
(4)
Application timeline. The PUD District Plan must include a timeline providing deadlines to apply for PUD Site Plan Approval and building permits. Failure to meet the deadlines set forth in the PUD District Plan may result in the automatic revocation of the PUD District Plan Approval, unless extended by the Town Board.
(5)
Real property rights. The application must include a draft of all covenants, easements and rights-of-way relating to the site development and/or homeownership, homeowners' associations and any lands dedicated to public use within the PUD District Plan.
(6)
Environmental review. The Town Board must comply with the New York State Environmental Quality Review Act (SEQRA) when considering an application for a PUD District Plan. The applicant must provide a completed Part 1 of the Full Environmental Assessment Form. In addition, the applicant will be required to provide the Town with any information deemed necessary by the Town in order to evaluate the potential environmental impacts of a proposed development.
(7)
Fee and escrow. The application shall be accompanied by a fee to be set by resolution by the Town Board. In addition, the Town Board may require that the applicant place into escrow at the time of submission of the application sufficient funds to pay for the Town's use of legal and engineering professionals to evaluate the application.
G.
Procedure. The Salina Town Board may approve a proposed PUD District Plan after receiving comments and recommendations from the Town of Salina Zoning Board of Appeals. The following procedural steps shall be required prior to approval:
(1)
Preapplication conference. Before submission of an application for approval of a PUD District Plan, the applicant is encouraged to contact the Code Enforcement Officer to arrange for a meeting with representatives of the Town in order to obtain feedback on the application prior to formal submittal.
(2)
Referrals. Upon the receipt of a complete PUD District Plan application, the Town Board shall review it and refer it to the Town Zoning Board of Appeals and the County Planning Board for comment.
(3)
Public hearing(s). The Town Board shall be required to conduct one or more public hearing(s) prior to adopting a PUD District Plan. Notice of each public hearing shall be published in a newspaper of general circulation at least 10 calendar days in advance of the hearing. The application shall be made available for public review at least 10 calendar days prior to said public hearing at the office of the Town Clerk.
(4)
Review and comment. The Town Zoning Board of Appeals must provide comments to the Town Board no later than 60 days after having the application referred to them. If the Zoning Board of Appeals fails to provide comments prior to the deadline, the Town Board may proceed without receiving comments from the Zoning Board of Appeals.
(5)
Town board action. Following completion of the referral and comment process, at least one public hearing and satisfaction of the Town Board's obligations pursuant to SEQRA, the Town Board may vote to approve or deny the PUD District Plan Application. In the event that the application is approved, the Town Board must also adopt a local law to amend the Town Code to include the District Plan and to amend the Zoning Map.
H.
PUD District Plan review criteria. The Town Board shall weigh the following factors when considering whether to approve an application to create a PUD District Plan:
(1)
Whether the proposed plan will result in the efficient use of land, natural resources, energy sustainability, community services, infrastructure and utilities.
(2)
Whether the proposed plan is consistent with the Comprehensive Plan and the orderly development of the Town.
(3)
Whether the proposed plan will substantially negatively impact natural resources, the environment or historic resources.
(4)
Whether the proposed plan will result in new employment opportunities for Town residents and investment in the community in the form of economic development.
(5)
Whether the proposed plan will improve the availability of affordable housing in the Town.
(6)
Whether the proposed plan will have a substantial negative impact on existing residential uses of land in the Town in terms of, but not limited to, traffic, noise, dust, odors, glare, threats to human health or other nuisances.
(7)
Whether the proposed plan has adequately addressed issues related to the provision of sewer, water, drainage, electricity, parking, public safety, fire safety and other infrastructure issues.
(8)
Whether the proposed plan will result in the loss of prime farmland or will interfere with existing farm businesses.
(9)
Whether the proposed plan is consistent with the existing character of the neighborhood.
§ 235-25 Cannabis Business District.
[Added 7-10-2023 by L.L. No. 9-2023]
A.
Purpose. The purpose of the Cannabis Business District (CBD) is to provide for the placement and regulation of adult use marijuana establishment retailers as authorized pursuant to the State Marijuana Regulation and Taxation Act (MRTA) and regulations with the goal of regulation time, place and manner activity and minimizing potential adverse impacts on adjacent property owners, neighborhoods and the Town in general.
B.
Applicability. The Cannabis Business District is hereby established which shall consist of Tax Map parcel nos. 045.-05-01.0, 045.-05-03.1, 045.-05-04.0, 045.-05-05.0, 045.-05-06.0, 045.-05-07.0, 045.-05-08.0, 045.-05-09.0, 045.-05-10.0, 045.-05-11.0, 045.-06-11.0, 045.-06-12.2, 045.-06-13.0, 045.-07-10.0, 045.-07-08.1, 046.-02-74.2, 057.-01-01.0, 057.-01-02.0, 057.-01-03.0, 057.-01-04.1, 057.-01-05.0, 057.-01-06.0, 057.-01-07.0, 057.-01-08.0, 057.-01-09.0, 057.-01-10.0, 057.-01-11.1, 057.-02-01.1, 057.-02-03.0, 057.-02-04.0, 057.-02-05.0, 057.-02-06.0, 057.-02-07.0, 057.-02-08.0, 057.-05-15.1, 057.-05-16.1, 057.-05-17.0, 057.-05-18.0, 057.-05-19.0, 057.-03-01.1, 057.-03-06.0, 057.-03-09.1, 057.-04-01.1, 057.-04-02.0, 057.-04-03.2 and 057.-04-04.0 located within the Town of Salina as they exist on September 11, 2023.
[Amended 7-10-2023 by L.L. No. 10-2023; 9-11-2023 by L.L. No. 13-2023]
C. CANNABINOID CANNABINOID HEMP CANNABINOID HEMP PROCESSOR LICENSE CANNABIS CANNABIS CONSUMER CANNABIS CONTROL BOARD or BOARD CANNABIS FLOWER CANNABIS PRODUCT OR ADULT-USE CANNABIS PRODUCT CANNABIS TRIM CANNABIS-INFUSED PRODUCTS CONCENTRATED CANNABIS CULTIVATION DELIVERY DISTRIBUTOR EXECUTIVE DIRECTOR HEMP HEMP EXTRACT LICENSE LICENSEE MEDICAL CANNABIS MICROBUSINESS NURSERY OFFICE or OFFICE OF CANNABIS MANAGEMENT ON-SITE CONSUMPTION PACKAGE PERMIT PERMITTEE PROCESSOR RETAIL SALE RETAILER or MARIJUANA ESTABLISHMENT RETAILER RETAILER SMOKING THC TOTAL THC WAREHOUSE WHOLESALE
Definitions. When used in this section, unless otherwise expressly stated or unless the context or subject matter otherwise requires, the following words shall have the meanings therein:
The phytocannabinoids found in hemp and does not include synthetic cannabinoids as that term is defined in Subdivision (g) of Schedule I of § 3306 of the New York State Public Health Law.
Any hemp and any product processed or derived from hemp, that is used for human consumption provided that when such product is packaged or offered for retail sale to a consumer, it shall not have a concentration of more than 0.3% delta-9 tetrahydrocannabinol.
A license granted by the New York State Office of Cannabis Management or the New York State Cannabis Control Board to process, extract, pack or manufacture cannabinoid hemp or hemp extract into products, whether in intermediate or final form, used for human consumption.
All parts of the plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. It does not include hemp; cannabinoid hemp or hemp extract as defined by this section or any drug products approved by the federal Food and Drug Administration.
A person 21 years of age or older acting in accordance with any provision of this law or the New York State Cannabis Law.
The New York State Cannabis Control Board ("CCB") created pursuant to the New York State Cannabis Law.
The flower of a plant of the genus Cannabis that has been harvested, dried, and cured, prior to any processing whereby the plant material is transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients. Cannabis flower excludes leaves and stem.
Cannabis, concentrated cannabis, and cannabis-infused products for use by a cannabis consumer.
All parts of the plant of the genus Cannabis other than cannabis flower that have been harvested, dried, and cured, but prior to any further processing.
Products that have been manufactured and contain either cannabis or concentrated cannabis and other ingredients that are intended for use or consumption.
Growing, cloning, harvesting, drying, curing, grading, and trimming of cannabis plants for sale to certain other categories of cannabis license and permit holders.
The direct delivery of cannabis products by a retail licensee, microbusiness licensee, or delivery licensee to a cannabis consumer.
Any person who sells at wholesale any cannabis product, except medical cannabis, for the sale of which a license is required under the provisions of this law and New York State Cannabis Law.
The executive director of the Office of Cannabis Management.
The plant Cannabis sativa L, and any part of such plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration (THC) of not more than 0.3% on a dry weight basis. It shall not include "medical cannabis" as defined in the New York State Cannabis Law.
All derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers derived from hemp, used or intended for human consumption, for its cannabinoid content, with a delta-9 tetrahydrocannabinol concentration of not more than an amount determined by the office in regulation. For the purpose of this article, hemp extract excludes a) any food, food ingredient or food additive that is generally recognized as safe pursuant to federal law; or b) any hemp extract that is not used for human consumption.
A written authorization as provided pursuant to the New York State Cannabis Law permitting persons to engage in a specified activity authorized by the New York State Cannabis Law.
An individual or an entity who has been granted a license under the New York State Cannabis Law.
Cannabis as defined in the New York State Cannabis Law.
A licensee that may act as a cannabis producer for the cultivation of cannabis, a cannabis processor, a cannabis distributor and a cannabis retailer pursuant to New York State Cannabis Law; provided such licensee complies with all requirements imposed by New York State Cannabis Law on licensed producers, processors, distributors and retailers to the extent the licensee engages in such activities.
A licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis by licensed adult use cannabis cultivators, microbusinesses, cooperatives and registered organizations.
The New York State Office of Cannabis Management ("OCM").
The consumption of cannabis in an area licensed as provided for by New York State Cannabis Law.
Any container or receptacle used for holding cannabis or cannabis products.
A permit issued pursuant to New York State Cannabis Law.
Any person to whom a permit has been issued pursuant to New York State Cannabis Law.
A licensee that extracts concentrated and/or compounds, blends, extracts, infuses, or otherwise manufactures concentrated cannabis or cannabis products, but not the cultivation of the cannabis contained in the cannabis product.
To solicit or receive an order for, to keep or expose for sale, and to keep with intent to sell, made by any licensed person, whether principal, proprietor, agent, or employee, of any cannabis, cannabis product, cannabinoid hemp or hemp extract product to a cannabis consumer for any purpose other than resale.
Any person who sells at retail any cannabis product, the sale of which a license or permit is required pursuant to this law and MRTA.
The burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains cannabis including the use of an electronic smoking device that creates an aerosol or vapor.
Delta-9-tetrahydrocannabinol; Delta-8-tetrahydrocannabinol; Delta-10-tetrahydrocannabinol and the optical isomer of such substances.
The sum of the percentage by weight or volume measurement of tetrahydrocannabinol acid multiplied by 0.877, plus, the percentage by weight or volume measurement of THC.
And includes a place in which cannabis products are securely housed or stored.
To solicit or receive an order for, to keep or expose for sale, and to keep with intent to sell, made by any licensed person, whether principal, proprietor, agent, or employee of any adult-use, medical-use cannabis or cannabis product, or cannabinoid hemp and hemp extract product for purposes of resale.
D.
General provisions.
(1)
Special permit. A special permit shall be required for the operation of a marijuana establishment retailer under § 235-42 of the Town Code.
(2)
License. All permitted marijuana establishment retailers shall have a provisional license from the Cannabis Control Board (CCB) and shall comply with all applicable state and local public health regulations and all other applicable state and local laws, rules and regulations at all times. No special permit shall be issued for a marijuana establishment retailer that has not received a provisional license from the CCB.
(3)
Cessation of operation. The special permit shall be valid only for the applicant and shall become void if the applicant ceases operating the licensed marijuana establishment retailer for a period of three consecutive months, except where such cessation is the result of natural disaster, act of terrorism, riot, or other criminal acts of third parties, strike or other force majeure event determined by the Zoning Board of Appeals to constitute good cause.
(4)
Loss of CCB license; Failure to obtain final license. The special permit shall become void if a final license is not issued by the CCB or upon the expiration or termination of the marijuana establishment retailer's CCB license.
(5)
Parking and loading. Parking and loading for a marijuana establishment retailer shall be in accordance with § 235-31, Off-street parking and loading, of this chapter. However, the Zoning Board of Appeals may require a greater number of parking spaces and/or loading bays if it finds, based on the application, plans and documents submitted to the Zoning Board of Appeals regarding operation of the marijuana establishment retailer, that the minimum requirements are not sufficient.
(6)
Signs. The Zoning Board of Appeals may impose restrictions on signage as appropriate for the site. If additional sign restrictions are not specified within the special permit, the marijuana establishment retailer shall abide by § 235-27 (Advertising-device regulations) of this chapter.
(7)
Enclosed building. All marijuana establishment Retailer shall operate within a fully enclosed building and shall not operate within any mobile facility. A minimum separation of 1,000 feet is required between marijuana establishment Retailers. The distance under this section is measured in a straight line from the nearest point of each structure containing a marijuana establishment retailer to the structure proposed to contain the marijuana establishment retailer.
(8)
Hours of operation may be set by the Zoning Board of Appeals but, if none are specified in the special permit, hours of operation shall be limited to 8:00 a.m. to 6:00 p.m. Monday through Saturday and 12:00 noon to 6:00 p.m. on Sunday.
E.
Location.
(1)
Overlay. Marijuana establishment Retailers shall only be located in the Cannabis Business District;
(2)
Proximity to other uses.
(a)
No marijuana establishment retailer shall be located within 1,000 feet of any school, playground, child-care facility or place of worship.
(b)
In determining whether to issue a special permit, and what conditions to impose, the Zoning Board of Appeals shall evaluate (in addition to any criteria set forth elsewhere in this chapter) proximity of other land uses that may be adversely affected by the proposed marijuana establishment retailer.
(3)
Measurement. The distance under this section is measured in a straight line from the nearest point of any structure, in existence as of the passage of this section and continuing to be in existence as of the date of the Zoning Board of Appeal's decision, containing one or more of the protected uses identified in Subsection D(2) above, to the nearest point of the structure proposed to contain the marijuana establishment retailer.
F.
Application process and requirements.
(1)
Application procedures. The application for a special permit for a marijuana establishment retailer shall be filed with the Zoning Board of Appeals and with the Town Clerk in accordance with § 235-42 of this chapter. The application shall be signed by a duly authorized officer of the applicant and the property owner, if the applicant is not the owner of the subject property.
(2)
Fees. The special permit fee for a marijuana establishment retailer shall be established by the Town Board by resolution.
(3)
Required documents. The applicant shall provide the Zoning Board of Appeals with 15 paper copies of the application and plans, an electronic copy of the application and plans, and required fees. All plans and maps shall be prepared, stamped, and signed by a professional engineer or architect licensed to practice in New York. An application to the Zoning Board of Appeals shall include, at a minimum, the following information:
(a)
The applicant's name, address, telephone number, and email address;
(b)
Evidence that the applicant has site control and the right to use the site for a facility in the form of a deed or valid purchase and sale agreement, or, in the case of a lease, a notarized statement from the property owner and a copy of the lease agreement;
(c)
A certified copy of the provisional license or permit issued by the CCB to the applicant, along with copies of all other materials issued by the CCB to the applicant;
(d)
A notarized statement signed by the organization's Chief Executive Officer or corporate attorney disclosing all of its designated representatives, including officers and directors, shareholders, partners, members, managers, directors, officers, or other similarly situated individuals and entities and their addresses. If any of the above are entities rather than persons, the applicant must disclose the identity of all individual persons associated with the entity as set forth above;
(e)
A narrative providing information about the type and scale of all activities that will take place on the proposed site, including, but not limited to, cultivating and processing of marijuana or marijuana products as defined in the MRTA or this chapter, on-site sales, off-site deliveries, distribution of educational materials, and other programs or activities;
(f)
A map depicting all properties and land uses within a 1,000-foot radius (minimum) of the project site, whether such uses are located in the Town or within surrounding communities;
(g)
A plan or plans depicting all proposed development on the property, including the dimensions of all existing and proposed structures, the layout of parking, the location of pedestrian and vehicular points of access and egress, the location and design of all loading, refuse and service facilities, the location, type, and direction of all outdoor lighting on the site, and any landscape design;
(h)
A plan or plans showing any proposed stormwater management system, which plan(s) shall meet the submission requirements of the New York State Department of Environmental Conservation;
(i)
Architectural drawings of all exterior building facades and all proposed signage, specifying materials and colors to be used. Prospective drawings and illustrations of the site from public ways and abutting properties is required;
(j)
Completed MRTA Checklist, to be submitted to the Zoning Board of Appeals and the Police Department having jurisdiction over the proposed site prior to commencement of operations by the marijuana establishment retailer;
(k)
Traffic impact report;
(l)
All marijuana establishment retailers shall comply with Chapter 38 - Marijuana Growing, Processing, or Extraction Facilities of the National Fire Protection Association's (NFPA) Codes and Standards, if said establishment is a grow, cultivation, processing or extraction facility;
(m)
Provide detailed information on all chemicals, fertilizers, etc., being used within or on the same property as the marijuana establishment retailer;
(n)
Provide narrative of organic pest control being used;
(o)
Provide plans and narrative of odor mitigation;
(p)
A list of waivers, if any, which were requested by the marijuana establishment retailer and granted by the CCB to any section of the MRTA.
(4)
Department review. Within five business days of the receipt of the application, the Zoning Board of Appeals shall refer copies of the application to the Fire Department with jurisdiction of the site and the Police Department with jurisdiction of the site. These agencies shall review the application and shall submit their written recommendations.
(5)
Decision criteria. In addition to the criteria set forth in § 235-42, the Zoning Board of Appeals shall issue a special permit for a marijuana establishment retailer only if it finds that the applicant has submitted sufficient information from which it can conclude that:
(a)
The marijuana establishment retailer has received a provisional license or permit from the CCB and complies with all applicable state and local laws, regulations, and requirements, including, but not limited to, health and safety regulations, and construction and environmental requirements;
(b)
The building and site have been designed to be reasonably compatible with other buildings and sites in the area;
(c)
The siting of the marijuana establishment retailer will be accomplished so as to minimize any adverse impacts on abutters and other parties in interest;
(d)
The marijuana establishment retailer will create no substantial harm to the established or future character of the neighborhood or town;
(e)
With due consideration to aesthetics, the marijuana establishment retailer is designed to ensure convenient, safe and secure access as follows:
(f)
The applicant has not provided materially false documents or testimony;
(g)
The applicant has demonstrated the availability and provision of adequate access, utilities and other infrastructure and that the operation of the marijuana establishment retailer will not adversely affect such access, utilities and infrastructure;
(h)
The applicant has satisfied all of the conditions and requirements of this chapter.
(6)
Special permit conditions. The Zoning Board of Appeals shall impose those conditions it deems appropriate in its opinion to improve siting, design placement, traffic flow, and public safety; protect water quality, air quality, and significant environmental resources; preserve the character of the surrounding area; and otherwise serve the purpose of this chapter. In addition to any specific conditions applicable to the marijuana establishment retailer, the Zoning Board of Appeals shall include, but not be limited to, the following conditions in any special permit granted under this section:
(a)
The permit holder shall file a copy of any incident report required under the CCB with the Town Board, with copies to the Director of Planning and Development and the Zoning Board of Appeals, within 24 hours of creation by the marijuana establishment retailer;
(b)
The permit holder shall file a copy of any summary cease-and-desist order, quarantine order, summary suspension order, order limiting sales, notice of a hearing, or final action issued by the CCB regarding the marijuana establishment retailer with the Town Board, with copies to the Director of Planning and Development and the Zoning Board of Appeals, within 48 hours of receipt by the marijuana establishment retailer;
(c)
The permit holder shall provide to the Town Board, the Director of Planning and Development, the Zoning Board of Appeals, the police department with jurisdiction of the site, and the respective fire department with jurisdiction of the site the name, telephone number and email address of a contact person in the event that the Police Department, Code Enforcement Office or other Town official determines it necessary to contact the applicant after regular business hours. Such contact information shall be kept updated by the permit holder;
(d)
The special permit shall be limited to the current applicant and shall become void if the permit holder ceases operating the marijuana establishment retailer or transfers greater than 51% ownership;
(e)
The special permit shall become void if the CCB refuses to issue a final license or upon the expiration or termination of the applicant's CCB license;
(f)
The permit holder shall notify the Town Board, in writing, with copies to the Director of Planning and Development, the Police Department with jurisdiction of the site, and the Zoning Board of Appeals, within 48 hours of the cessation of operation of the marijuana establishment retailer, notice from the CCB of a denial of a final license, transfer or sale of interest, enforcement action taken by the CCB or the expiration or termination of the permit holder's CCB license;
(g)
In the event that the CCB revokes, fails or refuses to issue a final license to the marijuana establishment retailer, a special permit issued for the marijuana establishment retailer shall be deemed null and void;
(h)
The applicant/owner agrees to provide the Zoning Board of Appeals with any and all documents related to the marijuana establishment retailer if and when requested to do so.
G.
Prohibition against nuisances. The marijuana establishment retailer shall not create a nuisance to abutters or to the surrounding area, or create any hazard, including, but not limited to, fire, explosion, fumes, gas, smoke, odors, obnoxious dust, vapors, offensive noise or vibration, flashes, glare, objectionable effluent, or electrical interference, which may impair the normal use and peaceful enjoyment of any property, structure or dwelling in the area. Violation of this section or the conditions of any special permit issued hereunder shall entitle the Zoning Board of Appeals to notice a public hearing to consider the modification, suspension or revocation of the special permit or any orders or conditions relating thereto.
H.
Waivers.
(1)
Waivers from the requirements of this section may be requested, in writing, to the Zoning Board of Appeals and shall not be considered a variance as that term is defined in Town Law. A waiver may be granted by the Zoning Board of Appeals if it determines that:
(2)
The Zoning Board of Appeals may impose any conditions, safeguards and other limitations on a waiver when it deems it appropriate to protect the public health, public safety or the environment.
I.
Conflicts with State Law and Regulations. If any provision, paragraph, sentence, or clause of this section shall be determined to be in conflict with applicable State Law or Regulations, the provisions of said State Law or Regulations shall prevail.
J.
Definition of terms used in this section. Where not expressly defined in this chapter, terms used in this section shall be interpreted as defined in MRTA and the CCB Regulations promulgated thereunder, as the same may be amended from time-to-time, and otherwise by their plain language.
K.
Severability. The provisions of this section are severable. If any provision, paragraph, sentence, or clause of this section of Town Code or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter.
§ 235-25.1 Liverpool Bypass Planned Unit Development District.
[Added 9-25-2023 by L.L. No. 14-2023]
A.
Statement and purpose. The Liverpool Bypass Planned Unit Development (the "Liverpool Bypass PUD") is intended to allow multifamily residential dwelling units and commercial establishments that would otherwise be restricted in other zoning classifications within the Town of Salina. The design of the Liverpool Bypass PUD provides flexibility in the land uses and facilitates improved residential environments through multiunit housing options and also promotes business and employment opportunities with the commercial uses. The Liverpool Bypass PUD preserves open space and protects the natural resources on the property, provides orderly extension of public utilities, and improves the safety and efficiency of the adjoining transportation system.
B.
Establishment and boundaries. The area of the Liverpool Bypass PUD consists of 36.60 acres plus or minus in the Town of Salina, County of Onondaga, State of New York, and consists of the following Tax Map Parcel Numbers as they exist on September 25, 2023: 024-01-3.1, 024-01-4.1, 024-01-36 and 024-01-38.
C.
Uses permitted.
(1)
Multifamily dwellings.
(2)
Townhouses.
(3)
Restaurants.
(4)
Hotels.
(5)
Retail sales and service.
(6)
Offices.
(7)
Radio and television studios.
(8)
Theaters.
(9)
Day-care facilities.
(10)
Parks and trails.
(11)
Commercial business.
(12)
Personal-service shops.
(13)
Accessory structures and uses incidental to multiple-family dwellings (such as: clubhouse, playground, pool, outdoor activity spaces, and parking structures).
D.
E.
Off-street parking requirements.
F.
Consistency with district plan/town code. The specific location of all uses permitted within the Liverpool Bypass PUD, the features of the Liverpool Bypass PUD and the development of the Liverpool Bypass PUD shall be generally consistent with that certain Liverpool Bypass District Plan dated August 23, 2023 (the "District Plan") on file with the Town of Salina Office of Planning and Development and subject to all other applicable provisions of this Town Code, including, but not limited to, site plan review as set forth in § 235-41.
§ 235-25.2 Ley Creek Planned Unit Development.
[Added 1-22-2024 by L.L. No. 1-2024]
A.
Statement and purpose. The Ley Creek Planned Unit Development (the "Ley Creek PUD") is intended to allow for the development of a five-megawatt alternating current ("5 MW AC") community solar energy production and storage facility. Particularly, the Ley Creek PUD is intended to make productive use of land previously used as the Ley Creek Landfill which is unsuitable for other types of development. The Ley Creek PUD is intended to provide specific standards for the development of a community solar energy facility.
B.
Establishment and boundaries. The area of the Ley Creek PUD consists of 49 acres plus or minus in the Town of Salina, County of Onondaga, State of New York, and consists of the following Tax Map parcel numbers as they exist on December 11, 2023: 073.-01-10.2; 073.-01-10.4; 073.-01-13.0 and 074.-03-03.3.
F.
Consistency with District Plan/Town Code. The specific location of all uses permitted within the Ley Creek PUD, the features of the Ley Creek PUD (including but not limited to vehicular access and signage) and the development of the Ley Creek PUD shall be generally consistent with that certain "Solar Development District Planned Unit Development (PUD) District Plan" submitted to the Town on December 1, 2023 (the "District Plan"), on file with the Town of Salina Office of Planning and Development and subject to all other applicable provisions of this Town Code, including, but not limited to, site plan review as set forth in § 235-41.
§ 235-25.3 Northern Lights Plaza Overlay District.
[Added 7-8-2024 by L.L. No. 4-2024]
A.
Purpose and intent. The Town has recognized that there are certain properties, as identified herein in this section, in and in the vicinity of Northern Lights Plaza that have become underutilized, which thereby depresses the tax base and hinders economic development within the Town. To offset such trend, the Town wishes to provide an alternate and compatible use for these properties to spur economic development within that portion of the Town.
B.
Northern Lights Plaza Overlay District. The Northern Lights Plaza Overlay District is comprised of the following parcels by tax identification number: 57-5-5.3; 57-5-11.0; 57-5-15.1; 57-5-15.1/1; 57-5-15.1/2; 57-5-16.1; 57-5-17.0; 57-5-18.0; 57-5-19; 57-5-20.
C.
General requirements.
(1)
Relationship to underlying zone. The Northern Lights Plaza Overlay District is intended to be an overlay zone. All parcels of land within this overlay district retain their underlying zone and are subject to the regulations thereof except as specifically provided for herein. Similarly, other requirements in the Town of Salina Code, such as parking and loading requirements, shall remain in effect except as modified herein. In the event of a conflict between the requirements of this overlay district and the requirements otherwise specified in the Town of Salina Code, the requirements of this overlay district shall apply.
(2)
An application for redevelopment projects for permitted uses within the Northern Lights Plaza Overlay District shall be submitted for site plan approval by the Zoning Board of Appeals, in accordance with the procedures in § 235-41, subject to the substantive requirements herein and the express intention to provide flexibility to foster the development of a wide variety of uses within the district. Development projects for special permit uses shall be submitted to the Zoning Board of Appeals, in accordance with the procedures in § 235-42, and subject to the substantive requirements herein and the express intention to provide flexibility to foster development of a wide variety of uses within the district.
(3)
Where development of multiple parcels is proposed as part of a single application, such parcels shall be treated as a single parcel for purposes of site plan approval and/or special permit approval application.
(4)
Permitted uses. In addition to those uses allowed in the underlying zone, the following uses are permitted in the Northern Lights Plaza Overlay District:
(a)
Health clubs, including commercial recreation centers and gymnasiums.
(b)
Sale or leasing of new or used motor vehicles, including automobiles, powersports vehicles, mobile homes, and recreational vehicles.
(c)
Warehouse, storage, distribution facilities.
(d)
Entertainment centers and attractions.
(e)
Telecommunications facilities and sales and service centers.
(f)
Multiple residential dwellings.
(g)
Schools, public or private.
(h)
Medical, including urgent care, laboratories, diagnostic centers.
(6)
Northern Lights Plaza Overlay District parking and loading requirements.
(a)
The following off-street parking requirements shall take precedence over any other parking requirement in the Town of Salina Code within the Northern Lights Plaza Overlay District:
[1]
Multiple dwellings: two spaces for each dwelling unit.
[2]
Shopping centers: one parking space for each 500 square feet or the aggregate number of parking spaces for each individual use as provided in this overlay district, whichever is less.
[3]
Retail stores not otherwise specified herein: one space for each 500 square feet of gross floor area used for sales purposes.
[4]
Furniture stores: one space for each 1,000 square feet of gross floor area.
[5]
Professional businesses or offices: one space per each 500 square feet.
[6]
Hotel; motel: one space per each 1.5 guest bedrooms.
[7]
Entertainment centers and attractions: one space per each 350 square feet.
[8]
Health clubs, including commercial recreation centers and gymnasiums: one space per each 350 square feet.
[9]
Sale or leasing of new or used motor vehicles, including automobiles, powersports vehicles, mobile homes, and recreational vehicles: one space per each 600 square feet of gross floor area of enclosed building associated with the sale of vehicles.
[10]
Restaurant; drive-in restaurant; packaged-food restaurant: one space per each 2.5 seats, plus one space for each employee based upon largest shift size, except that drive-in restaurants shall have one space per each 1.75 seats.
[11]
Warehouse, storage, distribution: one space per each two employees based upon the largest shift size.
[12]
Schools: one space per each employee plus one space per each two students.
[13]
Banks: one space per each 300 square feet.
[14]
Medical, including urgent care, laboratories, diagnostic centers: one space per each 200 square feet or five spaces per each five practitioners, whichever is less.
[15]
Day care: two spaces plus one space per each employee.
(b)
The following off-street loading requirements shall take precedence over any other loading requirement in the Town of Salina Code:
Gross Floor Area of Structure or Use (square feet) | Minimum Number of Off-Street Loading Spaces |
|---|---|
Less than 10,000 | 0 |
10,000 to 100,000 | 1 |
100,000 to 250,000 | 2 |
More than 250,000 | 4 |
(7)
Northern Lights Plaza Overlay District dimensional requirements (lot requirements). The following requirements replace any other lot or dimensional requirement in the Town Code as it relates to the Northern Lights Plaza Overlay District:
(a)
Minimum lot area: As all parcels within the overlay district shall be treated as one parcel for purposes of development projects, there is no minimum lot area within the Northern Lights Plaza Overlay District.
(b)
Minimum lot width: As all parcels within the overlay district shall be treated as one parcel for purposes of development projects, there is no minimum lot width within the Northern Lights Plaza Overlay District.
(c)
Maximum building coverage: 50%.
(d)
Minimum front building setback: zero feet.
(e)
Minimum side building setback, each side: 20 feet.
(f)
Minimum rear building setback: 20 feet.
(g)
Maximum height of structure: 50 feet.
(8)
Reduced setback, dimensional and parking requirement relief. The Zoning Board of Appeals, when considering site plan approval or special permit approval for projects within the Northern Lights Plaza Overlay District, may reduce or waive the setbacks, dimensional requirements, and/or parking requirements provided herein in accordance with the relevant provisions of New York State law and following consideration of the following: compatibility of adjacent buildings, structures and uses; current setbacks of existing buildings in the district; availability of ingress and egress, including vehicle and pedestrian access; aesthetics; lighting; drainage; utilities; public safety; and whether the reduced setbacks would foster the intent of the Northern Lights Plaza Overlay District.
(9)
Advertising device and sign regulations. The following provisions are intended to replace the advertising device and sign regulations contained in § 235-27 of the Town of Salina Zoning Law within the Northern Lights Plaza Overlay District:
(a)
Tenant signage. Each tenant within the Northern Lights Plaza Overlay District shall be entitled to signage in the cumulative amount of up to six square feet per linear foot of that tenant's demised premises.
(b)
New pylon signage. The owner of the Northern Lights Plaza Overlay District property may install a new pylon sign up to 60 feet high, and up to 1,000 square feet in area (subject to any applicable Federal Aviation Administration limitation and any/all other applicable non-Town laws, guidelines and comments). Such sign shall be placed at a location to be determined by the owner (so long as such sign complies with any/all applicable non-Town laws, guidelines and comments), along the NYS Route 11 frontage of the property. That pylon sign is authorized to be erected in addition to the existing pylon signs which serve the property.
(c)
Existing pylon signage. The owner of the Northern Lights Plaza Overlay District may replace one or both of the two existing pylon signs which serve the property with signs of a similar height and area. Such replacement signs may be positioned in locations to be determined by the owner, based upon the configuration of the property at the time of replacement, along the northern, western, or southwestern boundaries of the property (near NYS Route 11, South Bay Road, or the airport exit road), so long as such sign(s) complies with any/all other applicable non-Town laws, guidelines, and comments.
(d)
Billboard sign. The owner of the Northern Lights Plaza Overlay District property may erect one rooftop billboard sign on the property, in a strategic location determined by the owner within its sole discretion, subject to New York State Department of Transportation and/or Airport Authority approval if required.
(10)
Development within the Northern Lights Plaza Overlay District may be phased.
(11)
Applicability of other Town Code provisions. Notwithstanding anything contained herein in this section to the contrary, the site plan provisions contained within § 235-41, the special permit provisions contained within § 235-42, and any/all other Town Code provisions not explicitly contradicted herein shall be applicable to the Northern Lights Plaza Overlay District.
§ 235-25.4 Oswego Road Solar Planned Unit Development.
[Amended 11-25-2024 by L.L. No. 10-2024]
A.
Statement and purpose. The Oswego Road Solar Planned Unit Development ( the "Oswego Solar PUD") is intended allow for the development of an alternating current community solar energy production and storage facility. Particularly, the Oswego Solar PUD is intended to make productive use of land which is unsuitable for other types of development. The Oswego Solar PUD is intended to provide specific standards for the development of a community solar energy facility.
B.
Establishment and boundaries. The area of the Oswego Solar PUD consists of the following Tax Map Parcel Numbers as they exist on October 28, 2024: 019.-02-08.1, 019.-02-09.1, and 019.-02-11.1.
E.
Consistency with District Plan/Town Code. The specific location of all uses permitted within the Oswego Solar PUD, the features of the Oswego Solar PUD (including but not limited to vehicular access and signage) and the development of the Oswego Solar PUD shall be generally consistent with that certain "Liverpool Solar Project Planned Use Development (PUD) District Plan" submitted to the Town on October 2, 2024 (the "District Plan") on file with the Town of Salina Office of Planning and Development and subject to all other applicable provisions of this Town Code, including, but not limited to, site plan review as set forth in § 235- 41.