Salina City Zoning Code
ARTICLE V
Site Plan and Special Permit Regulations
§ 235-41 Site plan review and application.
[Amended 3-23-1998 by Ord. No. 1998-2; 12-14-1998; 5-29-2007 by L.L. No. 11-2007; 3-28-2022 by L.L. No. 4-2022]
A.
When required.
(1)
Prior to the issuance of a building permit, the Director of Planning and Development shall require site plan approval by the Zoning Board of Appeals pursuant to this section, except as follows:
(a)
Where such proposed construction of one- or two-family dwellings and ordinary accessory structures, and related land use activities for residential uses allowed by the applicable district regulations, is to be made on a lot within a residential subdivision approved by the Zoning Board of Appeals and filed in the Onondaga County Clerk's office;
(b)
Where a residential subdivision has been approved by the Zoning Board of Appeals and a subdivision plat thereof has been filed in the Onondaga County Clerk's office, such residential subdivision plat shall be exempt from compliance with more restrictive lot areas, lot dimensions or new streets required by amendment to this chapter for a period of three years from the date of such subdivision plat, as provided in § 265-a of the Town Law;
(c)
Where the proposed construction is an expansion of an existing building or structure used as a commercial, office or industrial building that does not exceed 20% of the ground floor area of space of the existing building or structure, or 1,000 square feet, whichever is less; and such addition and the required parking therefor is otherwise in compliance with the provisions of this chapter;
(d)
Where there is a change in use of a tenant space of a multiple-use building or shopping center which will not result in a change in the parking plan approved by the Zoning Board of Appeals;
(e)
Where interior alterations to existing buildings are proposed and the use or occupancy of the premises has not changed, and does not result in an increase of the size of the occupied space by more than 20%; or
(f)
Where exterior alterations such as new roofs, change in facades and similar type work, which will not affect the size of the interior tenant space.
(2)
The Director of Planning and Development shall notify an applicant for a building permit where site plan approval is required by the provisions of this section and may at his/her discretion refer any application to the Zoning Board of Appeals based upon specific conditions of the site or proposed use.
B.
Sketch plan. A sketch plan conference may be held between the Zoning Board of Appeals and the applicant prior to the preparation and submission of a formal site plan. The intent of such a conference is to enable the applicant to inform the Zoning Board of Appeals of the proposal prior to the preparation of a detailed site plan, and for the Zoning Board of Appeals to review the basic site design concept, advise the applicant as to potential problems and concerns and to generally determine the information to be required on the site plan. In order to accomplish these objectives, the applicant shall provide the following:
(1)
A statement and rough sketch showing the locations and dimensions of principal and accessory structures, parking areas, access signs (with dimensions), existing and proposed vegetation and other planned features; anticipated changes in existing topography and natural features; and, where applicable, measures and features to comply with flood hazard regulations.
(2)
A sketch or map of the area which clearly shows the location of the site with respect to nearby streets and rights-of-way, properties, easements and other pertinent features.
(3)
A topographic or contour map of adequate scale (maximum one inch equals 50 feet) and detail to show site topography.
C.
Application for site plan approval. An application for site plan approval shall be made in writing to the Zoning Board of Appeals and shall be accompanied by the following information. Where a sketch plan conference was held, the accompanying information shall be drawn from the following checklist as determined necessary by the Zoning Board of Appeals at said sketch plan conference:
(1)
The title of drawing, including the name and address of the applicant and the person responsible for preparation of such drawings (such person shall be a New York State licensed land surveyor or professional engineer), and location of proposed project.
(2)
An arrow indicating north, scale (one inch equals 50 feet or less) and date.
(3)
The boundaries of the property plotted to scale.
(4)
Existing watercourses.
(5)
The grading and drainage plan, showing existing and proposed contours.
(6)
The location, design, type of construction, proposed use and exterior dimensions of all buildings.
(7)
The location, design and type of construction of all parking and truck-loading areas, showing access and egress.
(8)
Provision for pedestrian access.
(9)
The location of outdoor storage, if any.
(10)
The location, design and construction materials of all existing or proposed site improvements including drains, culverts, retaining walls and fences.
(11)
A description of the method of sewage disposal and location, design and construction materials of such facilities.
(12)
A description of the method of securing public water and location, design and construction materials of such facilities.
(13)
The location of fire and emergency zones, including the location of fire hydrants.
(14)
The location, design and construction of all energy distribution facilities, including electrical, gas and solar energy.
(15)
The location, size, design and type of construction of all proposed signs.
(16)
The location and proposed development of all buffer areas, including existing vegetative cover.
(17)
The location and design of outdoor lighting facilities.
(18)
Identification of the location and amount of building area proposed for retail sales or similar commercial activity.
(19)
The general landscaping plan and planting schedule.
(20)
An estimate project construction schedule.
(21)
Record of application for and approval status of all necessary permits from state and county officials or agencies.
(22)
Identification of any state or county permits required for the project's execution.
(23)
Other elements integral to the proposed development as considered necessary by the Zoning Board of Appeals.
(24)
The fees established by resolution of the Town Board.
(25)
Stormwater pollution prevention plan: A stormwater pollution prevention plan consistent with the requirements of Chapter 203 of this Code shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 203 of this Code. The approved site plan shall be consistent with the provisions of Chapter 203.
D.
Review of site plan. The Zoning Board of Appeals' review of the site plan shall include, as appropriate, but is not limited to the following general considerations:
(1)
The location, arrangement, size, design and general site compatibility of buildings, lighting and signs.
(2)
The adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.
(3)
The location, arrangement, appearance and sufficiency of off-street parking and loading facilities.
(4)
The adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.
(5)
The adequacy of stormwater and drainage facilities.
(6)
The adequacy of water supply and sewage disposal facilities.
(7)
The adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between the applicant's and adjoining lands, including the maximum retention of existing vegetation.
(8)
The adequacy of fire lanes and other emergency zones and provisions for fire hydrants and water supply.
(9)
Special attention to the adequacy and impact of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
E.
Zoning Board of Appeals action on site plan. Within the time frames established in Article 16 of the Town Law, the Planning Board shall render a decision to either approve, approve with modification or disapprove said application. The time within which a decision must be rendered may be extended by mutual consent of the applicant and the Zoning Board of Appeals, as provided in § 274-a of the Town Law.
(1)
Upon approval of the site plan and payment by the applicant of all fees and reimbursable costs due to the Town, the Zoning Board of Appeals Chairman shall endorse his/her approval on the copy of the final site plan within five business days of the date of final decision by the Zoning Board of Appeals, and shall additionally forward a copy to the applicant, the Director of Planning and Development and the Town Clerk.
(2)
Upon disapproval of a site plan, the Zoning Board of Appeals shall so inform the Director of Planning and Development and such official shall deny a permit to the applicant. The Zoning Board of Appeals Attorney shall notify the applicant and the Town Clerk, in writing, of the decision of the Zoning Board of Appeals and the reasons for disapproval. Such notification shall be filed within five business days of the date of final decision by the Zoning Board of Appeals.
F.
Reimbursable costs. Costs incurred by the Zoning Board of Appeals for consultation fees or other extraordinary expenses in connection with the review of a proposed site plan shall be charged to the applicant. A deposit to cover such expenses shall be paid by the applicant at the time of application. Any fees not used shall be returned to the applicant.
G.
Performance guarantee. No certificate of occupancy shall be issued until all improvements shown on the site plan are installed or a sufficient performance guarantee shall have been posted for improvements not yet completed. The sufficiency of such performance guarantee shall be determined by the Town Board after consultation with the Zoning Board of Appeals, the Director of Planning and Development, the Town Attorney, the Town Engineer and other appropriate parties.
H.
Inspection of improvements. The Director of Planning and Development shall be responsible for the overall inspection of site improvements including coordination with the Zoning Board of Appeals and other officials and agencies, as appropriate. The Director may, at his discretion, request the assistance of the Town Engineer where appropriate or necessary.
I.
Integration of procedures. Whenever the particular circumstances of proposed development require compliance with either the special use procedure in this chapter or other requirements of the Town, the Zoning Board of Appeals shall integrate, as appropriate, site plan review as required by this section with the procedural and submission requirements for such other compliance.
§ 235-42 Special permit procedures.
A.
All applications for special use permits shall be submitted to the Zoning Board of Appeals and shall be accompanied by all necessary supporting documents as may be prescribed by the Board or the Director of Planning and Development in order that it may fully evaluate said application.
[Amended 3-28-2022 by L.L. No. 4-2022]
B.
Upon receipt of any such application, the Zoning Board of Appeals shall conduct a public hearing and provide notice thereof as set forth in § 274-b of the Town Law.
[Amended 3-28-2022 by L.L. No. 4-2022]
C.
Before approval of any special use permit, the Zoning Board of Appeals shall make specific findings and determinations that the proposed use, as depicted on the submitted data and supplemented by testimony and research:
[Amended 3-28-2022 by L.L. No. 4-2022]
(1)
Is not detrimental or injurious to adjoining permitted uses, adjoining use districts and to the neighborhood in general.
(2)
Is not detrimental to the orderly flow of pedestrian and vehicular traffic on site and off site.
(3)
Will not create hazardous conditions.
(4)
Is consistent with the orderly and appropriate development of the objectives of this chapter.
D.
In approving a special use permit, the Zoning Board of Appeals may establish such conditions it deems necessary to attain the objectives of this chapter and to protect the health, safety and welfare of the people of the Town of Salina. Such conditions which the Zoning Board of Appeals may impose shall be written in full on the special permit and shall be entered in the minutes in full of the Zoning Board of Appeals.
[Amended 3-28-2022 by L.L. No. 4-2022]
E.
In approving or denying any special use permit application, the Zoning Board of Appeals shall certify the action taken with the Town Clerk in writing within five business days after such decision is rendered, and a copy thereof shall be mailed to the applicant and the Director of Planning and Development, which certification shall include the basis for such action by the Board.
[Amended 3-28-2022 by L.L. No. 4-2022]
F.
The special uses for which a special use permit is required and for which conformance to additional standards is required shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth herein, in addition to all other requirements of this chapter. All such uses are hereby declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case.
G.
A plan for the proposed development of a site for a permitted special use shall be submitted with an application for a special use permit, and such plan shall meet the requirements for a site plan as detailed in § 235-41 of this chapter, and any other pertinent information that may be necessary to determine if the proposed special use meets the requirements of this chapter.
H.
A special permit shall be deemed to authorize only one particular special use and shall expire if the special use shall cease for more than six months for any reason.
I.
No special permit shall be issued for a special use for a property where there is an existing violation of this chapter.
J.
The location and size of the use, the nature and intensity of the operations involved, the size of the site in relation to it and the location of the site with respect to the existing or future streets giving access to it shall be such that it will be in harmony with the orderly development of the district, and the location, nature and height of buildings, walls and fences will not discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.
K.
Operations in connection with any special use shall not be more objectionable to nearby properties by reason of noise, fumes, vibration or flashing lights than the operations of any permitted use.
§ 235-43 Special criteria for adult uses, gasoline service facilities and small wind energy systems.
A.
Adult uses.
(1)
Intent. The primary purposes of this section are as follows:
(a)
To preserve the character and quality of life in Town neighborhoods and business areas.
(b)
To control documented harmful and adverse secondary effects of a concentration or proliferation of adult uses on surrounding areas such as decreased property values, attraction of transients, parking and traffic problems, increased crime (including prostitution, rape and assaults in the vicinity of such uses), loss of business for surrounding non-adult-use businesses and deterioration of neighborhoods.
(c)
To maintain property values.
(d)
To prevent crime.
(e)
To protect retail trade.
(f)
To restrict minors' access to adult uses.
(g)
To maintain the general welfare, safety and morals for Town of Salina residents.
(2)
Regulations. Adult uses shall be a permitted use in any C-3 (Planned Commercial) District subject to all regulations therein, and further provided that:
(a)
An adult use may not be located in any zoning district other than a C-3 (Planned Commercial) District.
(c)
An adult use may not be located within 1,000 feet of another adult use, or on the same lot or parcel of land with another adult use.
(d)
An adult use may not be located or operated in a building or structure which contains another adult use.
(e)
For the purposes of this section, measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest exterior wall of the building or structure in which an adult use is located to:
[1]
The nearest property line of the lot or parcel of land on which a church, or public or private elementary or secondary school or licensed child day-care center is located in the Town of Salina.
[2]
The nearest boundary of a public park or a residential zoning district of the Town of Salina.
[3]
The nearest exterior wall of the structures in which another adult use is located.
(f)
Where the adult use is contained within a structure in a shopping center containing two or more businesses separated by common walls, or in an enclosed shopping mall, the distances in Subsections A(2)(e)[1], [2] and [3] above shall be measured from the nearest interior or exterior wall enclosing the adult use location within the shopping center structure or enclosed mall.
(g)
All adult uses shall be conducted in an enclosed building. Regardless of location or distance, adult uses shall be arranged and conducted so that no visual observation can be made from the exterior of an enclosed building containing an adult use therein of any specified anatomical area or any specified sexual activity by virtue of any display in or on the building which depicts, exhibits or shows said area or activity. This prohibition shall apply to any display, decoration, sign or window or other opening, or any other means or method of visual portrayal of information or advertisement.
(3)
Nonconforming adult uses.
(a)
Any adult use establishment lawfully operating on the effective date of this section which is in violation of the requirements of this section shall be deemed a nonconforming use subject to the provisions of § 235-34, except as otherwise provided herein.
(b)
An adult use business lawfully operating as a conforming use shall not be rendered a nonconforming use by the location, subsequent to the lawful operation of such adult use, of a business, a church, public or private elementary or secondary school, public park, licensed day-care center or a residential zoning district within 500 feet of the adult use business.
B.
In any district, the following regulations shall apply to a gasoline service facility:
(1)
Ingress and egress points for a gasoline service facility shall be located a minimum of 40 feet from the intersection of the right-of-way lines of two or more roads, streets or highways.
(2)
Pump islands, signs and other structures except buffer fences shall be set back at least 25 feet from the street line and property lines.
(3)
A ten-foot-wide landscaped buffer area shall be provided along all gasoline service facility property lines, excluding points of ingress and egress and property lines adjacent to existing commercial uses. This landscaped buffer area shall be densely planted with a mixture of shrubs, trees and fences not less than six feet high, which will create an opaque screen, provided that all landscaped buffer areas along property lines which are crossed by access drives shall be planted with low shrubs no greater than three feet high and with trees with a branching habit not less than eight feet high, and provided further that no planting shall cause a hazardous condition by interfering with the normal line of sight (350 feet in either direction) needed for safe entering and exiting maneuvers by motor vehicles. All landscaped areas shall be designed to be easily maintained and protected by at least a six-inch nonmountable concrete or granite curbing. Landscape plans shall be prepared by a registered New York State landscape architect.
(4)
A gasoline service combination car wash facility shall provide adequate lot area to accommodate six times the maximum capacity at the entrance and four times the maximum capacity at the exit of each car wash structure and shall further provide an alternate traffic circulation pattern for those customers not using the car wash facilities.
(5)
In the event that the continuous business operation of a gasoline service facility shall be discontinued for a continuous period exceeding one month, the owner and/or lessee thereof shall provide adequate protection against unlawful entry into the buildings and onto the property, shall close all vehicular entrances to the property to prevent the storage of abandoned vehicles thereon and shall remove all flammable liquids from all tanks located at said facility and fill all of said tanks with water for a six-month period only, and thereafter with a solid material.
(6)
In the event that any gasoline service facility becomes an abandoned gasoline service facility as defined herein, the owner and/or lessee of said facility shall immediately remove any and all tanks, gasoline pumps, identification signs and lighting poles and shall paint the exterior of all remaining structures, if other than brick, a neutral color.
C.
Small wind energy systems. The following regulations are in addition to those regulations in the underlying zoning district.
[Added 7-13-2009 by L.L. No. 2-2009]
(1)
Tower height shall be limited to 80 feet.
(2)
No part of the wind system structure, including guy wire anchors, may extend into the required setback for the underlying zoning district of the installation.
(3)
The setback from the tower to the property line shall be 1 1/2 half the tower height.
(4)
Sounds emitting from small wind energy systems shall not exceed 60 decibels as measured at the closest property line. The level, however, may be exceeded during short-term events such as utility outages and/or severe wind storms.
(5)
Small wind turbines must meet the certification program recognized by the American Wind Energy Association or its successor as may hereafter exist.
(6)
Compliance with State Building Code: Building permit applications for small wind energy systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base and footings. An engineering analysis of the tower showing compliance with the State Building Code and certified by a licensed professional engineer shall also be submitted. This analysis is frequently supplied by the manufacturer.
(7)
Compliance with Federal Aviation Administration (FAA) regulations: Small wind energy systems must comply with applicable FAA regulations, including any necessary or required regulations or approvals for installation close to the Hancock International Airport.
(8)
Compliance with National Electric Code: Building permit applications for small wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code or its successors as may hereafter exist.
(9)
Utility notification: No approvals for small wind energy systems shall be granted until satisfactory evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator.