Skaneateles City Zoning Code
ARTICLE XI
Critical Impact Uses and Critical Impact Permits
§ 225-51 Purpose.
A.
Due to extrinsic circumstances or intrinsic characteristics, certain land use activities may have an unreasonably detrimental effect on other structures or uses, actual or permitted, within the Village. The land use activities defined in this article as critical impact uses are hereby declared to be land use activities which have the potential of having an unreasonably detrimental effect either against structures or uses adjacent to or in close proximity to the site of such critical impact use or, in a few instances, against structures and uses throughout the Village.
B.
A land use activity defined in this article as a critical impact use shall not be considered as a permitted use in a district unless this chapter designates such critical impact use as a permitted use within such district and unless a critical impact permit for such critical impact use is granted by the Planning Board pursuant to this article.
[Amended 5-24-2018 by L.L. No. 4-2018]
C.
Any critical impact use which is designated as a permitted use within the district where it is located and for which a critical impact permit shall have been granted shall be deemed a use permitted in the district where located, except that a separate critical impact permit from the Planning Board shall be required prior to any addition to or enlargement of such critical impact use. No critical impact permit shall be issued for such critical impact use except as provided in this article, and any critical impact permit issued pursuant to this article shall affect only the building or premises for which it shall have been granted.
[Amended 5-24-2018 by L.L. No. 4-2018]
§ 225-52 Determination of critical impact use.
The development or redevelopment of any lot or the structures and improvements thereon (including principal and accessory structures and signs) is hereby defined as a critical impact use, if such lot or the structures and improvements thereon or the land use connected with such lot or structures or improvements thereon, either prior to or subsequent to such development or redevelopment, shall involve:
A.
The use of a floor area (cumulative of all floors) in excess of 20,000 square feet contained in all structures associated with the use.
B.
The use of two or more principal buildings or structures on any parcel or contiguous parcels with common ownership located within the watershed of Skaneateles Lake as shown on the Zoning Map.
C.
The use of a structure exceeding 45 feet in height.
D.
The employment of more than 20 persons at maximum shift.
E.
The creation of over eight dwelling units.
F.
Any land use development within the watershed of Skaneateles Lake (as said watershed is shown on the Zoning Map), or within 500 feet of a designated historical landmark shown on the Zoning Map, or within 500 feet of a stream, a lakeshore, creek, river or similar tributary as denoted on the Village Zoning Map, or involving an area of land, whether or not in contiguous parcels, in excess of 40,000 square feet, or involving a parcel of land contiguous to or having direct access to Genesee Street which would require a building permit, with the following exceptions:
G.
Any use providing a maximum seating capacity in excess of 100 persons or requiring more than 10 off-street parking spaces.
H.
Any land area situated within the Downtown D District as indicated on the Village Zoning Map.
I.
The establishment of a vehicular activity.
J.
The construction or placement of telecommunications infrastructure.
[Added 9-22-1997 by L.L. No. 4-1997]
K.
A restaurant without vehicular-oriented or drive-through service use as defined in § 225-4 of this chapter.
[Added 3-22-1999 by L.L. No. 1-1999]
L.
Any use which would cause estimated sewer flows in excess of 400 gallons per day.
[Added 3-22-1999 by L.L. No. 1-1999]
§ 225-53 Applicability.
A.
General. The provisions of this article shall apply to all land use activities defined as critical impact uses pursuant to the provisions of this article.
B.
Conditional uses. Notwithstanding any other provision of this chapter, a conditional use which is also a critical impact use as defined in this article shall not be deemed to be a use permitted in a district until both a special use permit is granted by the Zoning Board of Appeals pursuant to Article X of this chapter and a critical impact permit is issued by the Planning Board pursuant to this article with respect to such conditional use.
[Amended 5-24-2018 by L.L. No. 4-2018]
C.
Existing uses.
(1)
In general. Except as otherwise provided herein, existing uses may continue to be used and improved without restriction.
(2)
Existing uses subject to this article. Notwithstanding any other provisions of this article, the lawful use of any building, structure or land existing at the date of adoption of this chapter may be continued even though such use would constitute a critical impact use as defined in this article, except that the following extension to or additions to or enlargements of such use shall be subject to this article:
(a)
Structural or nonstructural improvements to the principal structure which result in an increased floor area or bulk space to the interior or which increase the exterior size (either horizontal, vertical or overall size) of the principal structure.
(b)
Improvements, structural and nonstructural, to exterior signs, lighting units and similar accessory structures and appurtenances, including replacement where the cost exceeds 50% of the value of such structure or appurtenance (in which case the resulting structure or appurtenances shall be brought into compliance with the specific provisions of this article).
(c)
Improvements to existing uses, including off-street parking facilities, accessory structures and appurtenances, shall be subject to this article where such uses have previously been authorized by special permit or by variance.
§ 225-54 Critical impact permits.
[Amended 3-22-1999 by L.L. No. 1-1999; 3-14-2005 by L.L. 2-2005; 5-24-2018 by L.L. No. 4-2018]
A.
General. All critical impact uses permitted pursuant to the provisions of this chapter in a district upon the issuance of a critical impact permit shall be subject to the jurisdiction of the Planning Board.
B.
Application. An application for a critical impact permit to permit the erection, alteration or use of a building, structure or premises for a critical impact use permitted upon the issuance of a critical impact permit in the district in which said building, structure or premises is currently located or is proposed to be located shall be submitted to the Planning Board.
C.
Information required to accompany application. No application for a critical impact permit shall be valid unless it shall contain all the information required by § 225-72C of this chapter and unless there shall be annexed thereto four copies of the information required by § 225-72D, together with any other information which the Planning Board shall deem pertinent or useful in determining whether the proposed critical impact use meets the requirements of this chapter.
D.
Referral of application to Municipal Board. Upon receipt of an application for a critical impact permit, the Planning Board shall immediately refer such application, together with one copy of the map or survey accompanying such application, to the Municipal Board for its recommendations, which shall be deemed advisory only. The Planning Board shall not take final action upon the application for a critical impact permit until receiving the recommendations of the Municipal Board; except that if the Municipal Board shall fail to report to the Planning Board within 30 days of such referral, the Planning Board may take final action without such report.
E.
Public hearing. The Planning Board shall take no final action upon any application for a critical impact permit until it shall have held a public hearing upon such application.
F.
Basis for determination.
(1)
General provisions. Before issuing a critical impact permit, the Planning Board shall take into consideration the public health, safety, morals and welfare and shall make the following findings:
(a)
The plans for the proposed critical impact use meet the prescribed requirements of this chapter, including all of the regulations contained in this chapter for the district in which located.
(b)
The proposed critical impact use will not have an adverse impact upon the character or integrity of any land use within the immediate neighborhood having a unique cultural, historical, geographical, architectural, or other special quality of similar magnitude.
(c)
The proposed critical impact use is in harmony within the visual and physical context of the immediate neighborhood.
(d)
Such critical impact use and site development plan are in harmony with and will not impede the orderly development or redevelopment of the general neighborhood and the location, nature and height of buildings, structures, walls, fences and parking areas and will not discourage the appropriate development and use of adjacent lands or adversely affect existing land use in close proximity to the subject site.
(e)
The proposed critical impact use is to be developed in such a way as to ensure maximum amenities will be available to the site based upon a consideration of the site plan and functional requirements of the proposed critical impact use, including a specific finding that all structures, equipment and materials are reasonably accessible for police and fire protection and that the water supply, sewage disposal and surface drainage systems are adequate to serve the proposed critical impact use.
(f)
Traffic controls for vehicular and pedestrian movement are designed to protect the safety of the general public and the occupants, employees, attendants, and other persons for whose benefit the use is intended.
[1]
In making this determination, the Planning Board shall review, but need not be limited to, the following considerations:
[a]
Location and adequacy of parking and loading facilities.
[b]
Pedestrian rights-of-way.
[c]
Traffic regulatory devices.
[d]
Location, number and design of points of ingress and egress.
[e]
Accessibility to emergency vehicles with particular emphasis on proximity to structures, no-parking or no-loading zones or areas and provision for turning and free movement.
[f]
Storage facilities for snow.
[g]
Age and mobility of all persons for whose benefit the use is intended.
[h]
Speed limits upon, and general character of, public highways in close proximity.
(g)
The proposed critical impact use shall comply with the provisions of Chapter 167, Article III, Use of Sewers, of the Village Code, as amended by Local Law No. 1-1994 and as it may be amended in the future, and all applicable laws, rules and regulations of the Village, United States and New York State governments.
(2)
Criteria. In making a determination as to compliance with any one or more of the findings and conditions specified for a critical impact permit as herein provided, consideration shall be given, but need not be limited to, the following elements:
G.
Waivers. The Planning Board may grant a waiver of the application of any provision, in whole or part, of the restrictions contained in Subsection F of this section where it is shown that:
H.
Conditions and conformity to Village specifications.
(1)
The Planning Board may impose such conditions on the approval of any application for a critical impact permit which, in its opinion, are necessary and reasonable to implement the provisions of this article.
(2)
Where portions of a project seeking a critical impact permit are to be dedicated, upon completion, to the Village as public infrastructure (i.e., streets, utilities, etc.), the Planning Board shall take all necessary and appropriate steps to ensure that the construction of said improvements conforms to all applicable codes, rules and regulations and to approved project plans and specifications. The Planning Board may engage the services of the Village Engineer for that purpose and may, in addition, appoint a field representative, who shall be engaged to be on site on behalf of the Village during the construction of such infrastructure. The services of a field representative shall be engaged for the purpose of reviewing and monitoring the construction of those infrastructure-related improvements which will ultimately be dedicated to the Village upon completion. The field representative shall act as an owner's representative, with authority to communicate with the contractor or developer, and coordinate with Village personnel, and shall report to the Planning Board periodically with regard to the progress of construction and with regard to compliance with, or deviation from, all applicable Village standards and specifications of construction and technical requirements, including necessary testing requirements.
I.
Scope of critical impact permit. A critical impact permit required in this article shall be in addition to, and not in lieu of, any other approvals or permits that may be required by any provision of this chapter or any other ordinance, local law, code, rule or regulation of the Village.
§ 225-55 Conflicts.
The provisions of this article shall take priority over any conflicting provision of this chapter.
§ 225-56 Jurisdiction.
The Zoning Board of Appeals is hereby divested of original jurisdiction over any land use activity subject to this article.