Stockport Town City Zoning Code
ARTICLE V
Special Permit Uses
§ 120-37 Review and approval required.
A.
All special permit uses cited in the district Schedule of Use Regulations shall be subject to review and approval by the Planning Board in accordance with the standards and procedures included herein. In all cases where this chapter requires such special use permit authorization by the Planning Board, no building permit or certificate of occupancy shall be issued by the Code Enforcement Officer except upon authorization of and in full conformity with plans approved by the Planning Board. Where a proposed use also requires site plan approval by the Planning Board, the review processes for special use permits and site plan review shall be conducted by the Planning Board concurrently to the maximum extent practical.
B.
The purpose of special use approval is to allow the proper integration of uses into the community and zoning district which are only suitable in such areas given certain conditions and at appropriate locations. Because of their characteristics or the special characteristics of the area in which they are to be located, special uses require special consideration so that they may be properly located with respect to the objectives of the law and their effect on surrounding properties.
§ 120-38 Standards for consideration.
In authorizing any special permit use, the Planning Board shall take into consideration the public health, safety and general welfare, the comfort and convenience of the public in general and that of the immediate neighborhood in particular and the goals of the Town of Stockport Comprehensive Plan. The Planning Board shall also take in strict account the specific conditions set forth in this article for certain uses, applicable supplementary regulations stated in Article IV of this chapter and the following general objectives for any use requiring authorization by the Planning Board:
A.
Compatibility of the proposed use with adjoining properties, with the natural and built environment in the area, with the purposes of this chapter and with the purposes and requirements of the land use area and any applicable overlay districts.
B.
Accessibility to fire, police, and emergency vehicles. The Planning Board shall evaluate the adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, drainage channelization structures and traffic controls. Consideration will also be given to the project's impact on the overall traffic circulation system of the neighborhood and the Town. All proposed traffic accessways shall be adequate but not excessive in number, adequate in width, grade and alignment and visibility, and sufficiently separated from street intersections and other places of public assembly, and shall meet other similar safety considerations. All proposed traffic accessways shall be adequate but not excessive in number; adequate in width, grade, alignment and visibility; be sufficiently separated from street intersections and places of public assembly; and meet similar safety considerations.
C.
Adequacy of parking for the proposed use. Adequate provision for safe and accessible off-street parking and loading spaces shall be provided to prevent parking in public streets of vehicles of persons connected with or visiting the use. All parking and service areas shall be screened at all seasons of the year from the view of adjacent residential lots and street, and the general landscaping of the site shall be in character with that generally prevailing in the neighborhood. Such landscaping shall, to the extent practicable, include the preservation of existing trees to the maximum extent possible.
D.
Suitability of the property for the proposed use considering its size, topography, vegetation, soils, and hydrology and, if appropriate, its ability to be buffered or screened from neighboring properties and public roads. The Planning Board may impose setbacks greater than those contained in this chapter if they are necessary to meet the goals of the law. The location and size of the use, the nature and intensity of the operations involved, the size of the site in relation to the use, and the location of the site with respect to existing and future streets providing access shall be in harmony with the orderly development of the district.
E.
Environmental, social and economic impacts of traffic, noise, dust, odors, release of harmful substances, solid waste disposal, glare, or any other nuisances. The proposed use shall be designed and shall be carried out in a manner that protects natural environmental features on the site under review and in adjacent areas.
F.
Adequacy and arrangement of pedestrian traffic access and circulation, including, but not solely limited to, separation of pedestrians from vehicular traffic, control of intersections and overall pedestrian convenience; where appropriate, consideration of access and facilities for bicycles.
G.
Location, arrangement, size, design and general site compatibility of buildings, lighting and signs. The location, nature and height of the buildings, walls and fences and the nature and intensity of intended operations will not discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.
H.
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and or noise-deterring buffer between the project and adjoining properties.
I.
In the case of an apartment house or multiple-dwelling complex, the adequacy of usable open space for playgrounds and informal recreation.
J.
Adequacy of provisions for the disposal of stormwater and drainage, sanitary waste and sewage, providing water supply for both fire protection and general consumption, solid waste disposal and snow removal storage areas.
K.
Protection of adjacent properties against noise, glare, unsightliness or other objectionable features.
L.
Such use is suitably located in relation to transportation, water and sewerage requirements of this chapter, or where not specifically required, that such facilities are otherwise adequate to accommodate anticipated use.
M.
The character of the Town, neighborhood and values of surrounding property are safeguarded.
N.
The character and appearance of the proposed use, buildings, structures and/or outdoor signs shall be in general harmony with the character and appearance of the surrounding neighborhood, shall not be more objectionable to nearby properties by reason of noise, fumes, vibration or flashing lights than would the operations of any permitted principal use and shall not adversely affect the general welfare of the inhabitants of the Town of Stockport.
§ 120-39 Specific standards for certain uses.
In addition to the general standards stated above and the site plan review considerations stated in § 120-48, the following specific standards shall be complied with for the particular special permit uses cited below:
A.
Multifamily dwellings.
(1)
In the Hamlet (H) District:
(a)
The number of units located on a lot shall not exceed six dwelling units per acre.
(b)
Adequate central water supply and common sewage disposal facilities shall be provided in full accordance with the requirements of the Town of Stockport and the Columbia County Department of Health.
(c)
No individual multifamily structure shall contain more than six residential units, nor may any group of structures exceed a total of 20 dwelling units.
(d)
Not less than 40% of the land area on any multifamily lot or within any multifamily dwelling shall be reserved and maintained as usable open space.
(2)
In all other districts where multifamily dwellings are allowed:
(a)
The number of units located on a lot shall not exceed four dwelling units per acre. No individual structure shall contain more than four residential units, nor may any group of structures exceed a total of 20 dwelling units.
(b)
All structures containing multiple-family units shall have a minimum roof pitch of 6 over 12.
(c)
All front yards attached to multiple-family structures shall have a clearly defined front yard using landscaping, fencing, hedging, or brick or stone wall, none of which shall exceed three feet in height. Front yards of attached townhouses may be unified into one common yard treated as a single front yard for the entire building.
(d)
All multiple-family units shall have the following dimensions:
[1]
Maximum building coverage: 60%.
[2]
Minimum nonimpervious surfaces: 30%.
[3]
Maximum building size: six dwelling units in a building and 95 feet in length.
[4]
Open space between buildings on the same lot: 30 feet.
[5]
Rear yard garage required.
(e)
All multiple-family developments shall consist of structure of an architectural style that emulates single-family residences in building design, entrance, and other architectural details.
B.
Individual mobile homes in R, RR, and A District, provided that:
(1)
Any mobile home sited in the Town shall be demonstrated to the satisfaction of the Code Enforcement Officer to have been constructed in accordance with the 1976 federal regulations for mobile homes and shall meet current requirements stated within the New York State Uniform Fire Prevention and Building Code for one- and two-family dwellings, including factory-manufactured homes.
(2)
The mobile home shall be wholly sited either on a concrete pad with a concrete block or durable manufactured mobile home skirting installed along its entire perimeter or on a poured foundation. Either installation shall be in full conformance with the requirements of the New York State Uniform Fire Prevention and Building Code.
(3)
Water supply and sewage disposal systems shall be installed in full conformance with the requirements of the Columbia County Health Department, and a certificate to that effect shall be provided from the Health Department prior to the issuance of a certificate of occupancy by the Code Enforcement Officer.
(4)
Any modifications or additions to the mobile home shall be in conformance with the New York State Uniform Fire Prevention and Building Code and applicable provisions of this chapter.
(5)
No mobile home shall be located within 60 feet of a street or highway or within 150 feet of an existing dwelling fronting on any Town, state or county road.
(6)
All other minimum requirements stated within this chapter pertaining to single-family dwellings shall be met.
C.
Extractive operations and soil mining, including the loading, hauling and/or processing of sand, gravel, soil, shale, topsoil, stone or any aggregate material, provided that:
(1)
All applicable provisions of the New York State Mined Land Reclamation Law[1] and other state and federal regulations shall be fully complied with.
[1]
Editor's Note: See § 23-2701 et seq. of the Environmental Conservation Law.
(2)
A time schedule for completion of either the entire operation or, if excavation is to occur in stages, of each stage of the operation is submitted for approval.
(3)
An operations plan, including the number and type of trucks and other machinery to be used on the site, including their respective noise levels, is submitted for approval.
(4)
A progressive restoration and rehabilitation plan showing both existing contours and proposed final contours after operations are completed is submitted for approval.
(5)
A performance guaranty (performance bond or escrow deposit) to assure rehabilitation is provided, upon recommendation of the Planning Board, in an amount and form satisfactory to the Town Board and the Town Attorney.
(6)
A buffer zone of not less than 300 feet shall be established between the operation and the nearest property line.
(7)
In general, such special use permit shall be restricted to a disturbed area not to exceed five acres and to a time period not to exceed three years.
D.
Gasoline stations and auto or equipment service, rental or sales, provided that:
(1)
No gasoline station shall be located within 200 feet of any school, church, public library, theater, hospital, park, playground or other public gathering place designed for occupation by more than 50 people.
(2)
The area of use by motor vehicles, including display and storage, except access drives thereto, as well as any structures shall not encroach on any required yard area, with it further provided that no building shall be erected closer than 50 feet to any street or lot line.
(3)
No fuel pump shall be located within 25 feet of any lot line or within the required side or front yard, whichever shall be more restrictive. The station layout shall eliminate the necessity of any vehicle backing into a public right-of-way.
(4)
Entrance and exit driveways shall total no more than two in number and shall have an unrestricted width of not less than 18 feet nor more than 30 feet and be located no closer than 15 feet to any side lot line.
(5)
Gasoline or flammable oils in bulk shall be stored in accordance with New York State DEC Part 614 Regulations, with no aboveground or underground storage located nearer than 25 feet to any lot or street line.
(6)
All major repair work, storage of materials, supplies and parts shall be located within a structure completely enclosed on all sides, not to be construed as meaning that the doors on any repair shop must be kept closed at all times.
(7)
Suitable year-round buffering and landscaping shall be provided in all rear and side yards.
(8)
Those establishments which sell gasoline in combination with a quick-stop retail food outlet shall:
(a)
Ensure that adequate parking is available on site for customers making purchases at the store but not buying gasoline. This parking area shall be located in such a manner that it does not interfere with the safe entry and exit of vehicles purchasing gasoline.
(b)
Provide an enclosed trash dumpster for disposal of stock packings removed by store employees and trash receptacles for customer use on the premises.
(c)
Maintain no outdoor displays of merchandise which interfere with the safe flow of traffic and pedestrians.
(d)
Locate all vending machines on the side of the building.
(e)
Direct all rooftop heating/ventilation/air-conditioning or refrigeration units away from adjacent residential properties.
E.
Summer or vacation colonies, including cabins and cottages available for rent during the non-winter months, provided that:
(1)
The minimum lot area shall be 15 acres.
(2)
Such cabins or cottages shall be designed for one family only, with not more than two such dwelling units permitted per gross acre.
(3)
All such dwelling units shall be serviced by a central water supply and common sewage disposal system satisfactory to the Columbia County Health Department.
(4)
No building or recreational facility shall be located less than 100 feet from any lot line and shall be effectively screened from adjacent properties.
F.
Camps and campgrounds, provided that:
(1)
The minimum lot area shall be 20 acres.
(2)
No tent, activity area or recreational facility shall be closer than 200 feet from any lot line.
(3)
There shall be not more than four tent platforms, recreational vehicle berths or cottages per gross acre.
(4)
Water supply and sewage disposal facilities shall satisfy all applicable requirements of the Columbia County Health Department.
G.
Day camps, provided that:
(1)
The minimum lot area shall be five acres.
(2)
No activity area or recreational facility shall be closer than 100 feet from any residential property boundary.
(3)
There shall be not more than eight day campers accommodated per acre of available land area.
(4)
Water supply and sewage disposal facilities shall satisfy all applicable requirements of the Columbia County Health Department.
H.
Membership clubs providing public and private recreational facilities, other than for a one- or two-family dwelling, including playgrounds, swimming facilities, golf courses and hunting and fishing clubs with accessory structures for administration, operation and clubhouse purposes, provided that:
(1)
The minimum lot area shall be five acres.
(2)
No building shall be located closer than 50 feet to any street or lot line.
(3)
Plans for public address systems and lighting for outdoor recreational facilities shall be submitted to and approved by the Planning Board.
I.
Boarding or breeding kennel or animal hospitals, provided that:
(1)
Buildings or structures, including fenced runs and similar outdoor areas, shall be located not less than 100 feet from any lot line nor within 300 feet of the nearest neighboring residential structure.
(2)
The facility shall be screened from neighboring streets and properties by natural vegetation.
J.
Cemeteries and crematories, provided that:
(1)
No burial or memorial plats or buildings shall be located closer than 50 feet to any residential lot line, except that when a dense evergreen hedge or wall or landscaped strip at least six feet in height providing complete visual screening from all adjacent residential property is provided, burial or memorial plats of less than six feet in height may be located as close as 25 feet to any residential lot line.
(2)
All burials shall be undertaken in strict accordance with applicable regulations of the New York State Department of State and the Department of Health.
K.
Churches and other similar places of worship, including related parish houses, seminaries, convents, dormitories and other accessory uses, provided that:
(1)
No building shall be erected closer than 50 feet to any street or lot line.
(2)
The maximum structure coverage shall not exceed 20% of lot area.
L.
Hospitals and sanitariums for general medical care, nursing homes and senior citizens' housing, provided that:
(1)
The minimum lot area shall be three acres.
(2)
The maximum structure coverage shall not exceed 15% of lot area.
M.
Public, denominational or private schools, including playgrounds and accessory uses required for their operation, provided that:
(1)
No building shall be erected closer than 50 feet to any street or lot line.
(2)
The maximum structure coverage shall not exceed 15% of lot area.
(3)
No open space recreation use or facility shall occur within 50 feet of a residential property boundary.
N.
Cultural facilities (library, art gallery, museum, etc.), provided that:
(1)
No building shall be erected closer than 50 feet to any street or lot line.
(2)
The maximum structure coverage shall not exceed 20% of lot area.
O.
Hotel or motel, provided that:
(1)
The minimum residential lot area shown on the district Schedule of Area and Bulk Regulations for the land use district in which the hotel or motel is proposed to be located shall be increased by 5,000 square feet for each guest room provided.
(2)
The minimum side and rear yard setback requirements shown on the Schedule of Area and Bulk Regulations for the land use district in which the hotel or motel is proposed shall be doubled if such yard abuts property in a residential district (RC, RA, R or H).
(3)
The minimum front, side and rear yard setback requirements for off-street parking areas stated in § 120-23B shall be similarly doubled if such yard abuts property in a residential district.
(4)
All uses integral to the hotel or motel development shall either be clearly accessory to the hotel or motel development, as defined in § 120-4, or shall be permitted uses or special permit uses within the land use district in which the hotel or motel development is proposed.
(5)
Integral accessory uses shall generally be limited to the following: meeting rooms; restaurant and dining facilities; recreational facilities, such as swimming pools and tennis courts; and small personal service/retail shops fully within the hotel or motel facility and selling newspapers, magazines, tobacco, small gifts and similar items.
(6)
The maximum structure coverage, including all principal and accessory structures, shall not exceed 15% of lot area.
P.
Personal service establishments. In addition to all site plan, special use, and zoning district requirements, the following shall be required:
(1)
Parking shall be located behind or to the side of the principal building.
(2)
Applicants must clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, parking, and appearance.
(3)
The hours of operation may be restricted through the special use permit.
(4)
Exterior lighting shall be compatible with the surrounding neighborhood.
(5)
Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhood. No more than two curb cuts per street frontage shall be allowed. Factors determining the number of curb cuts permitted include number of curb cuts in the area, potential for traffic congestion and hazards, and number of travel lanes of the street serving the site.
(6)
Loading areas shall be sited in such a way so as to minimize the impact on any surrounding neighborhood. Sufficient screening shall be provided to screen and diffuse noise impacts on adjacent residences.
(7)
For existing structures, no exterior changes may be made that are nonresidential in character.
Q.
Accessory apartments. One dwelling unit serving as an accessory apartment shall be permitted as an accessory use to a single-family dwelling in any residential district subject to special use permit approval by the Planning Board. The accessory apartment may be located within the principal building or an accessory structure located on the same lot. The certificate of occupancy for the principal use shall clearly identify such accessory dwelling unit and its floor area. In addition, an accessory apartment shall comply with the following provisions:
(1)
One of the dwellings is or will be owner-occupied.
(2)
The accessory apartment is self-contained, with separate cooking, sleeping and sanitary facilities for use by the occupants.
(3)
The dwelling has only one exterior front entrance, with any additional entrances being located at the side or rear of the structure.
(4)
The accessory apartment is clearly subordinate to the principal residence and contains no greater than 35% of the total habitable space of the existing structure prior to the development of such accessory apartment or no more than 1,000 square feet for new structures. "Habitable space" shall be that as defined in Article 3, Part 711.1, of the New York State Uniform Fire Prevention and Building Code, as amended.
(5)
The conversion of any existing residence or construction of a new residence to accommodate an accessory apartment as defined herein and in § 120-4 is limited to one accessory apartment per principal residence with a maximum of two bedrooms.
(6)
The principal residence and its accessory apartment is, at the time of conversion, on a single lot with lot area, lot width and setbacks of no less than the minimum specified for the principal residence in the district Schedule of Area and Bulk Regulations.
(7)
Parking, as required for an accessory apartment/principal residence, is a minimum of two spaces per dwelling unit on-site and is designed and located to be convenient without encroaching on any yard/setback area.
(8)
Approval has been granted by the Columbia County Health Department for any required on-site sanitary or water supply system, including, as may be applicable, a determination that the existing on-site water supply and sewage disposal facilities are sufficient to accommodate the additional demands of the accessory apartment where conversion is proposed.
(9)
Within 60 days after the transfer of title to premises for which a special use permit has been granted for an accessory apartment, the Code Enforcement Officer shall inspect the premises to determine that the dwelling is owner-occupied. If an owner or occupant refuses permission to the Code Enforcement Officer to inspect the dwelling and the additional apartment contained therein or if the Code Enforcement Officer determines that all of the applicable provisions of the special use permit have not been complied with, the Code Enforcement Officer shall serve a written notice upon the owner or occupant setting forth the conditions found to be in violation and allowing a reasonable time for the owner or occupant to comply. If the owner or occupant fails to comply within the time allowed or if the Code Enforcement Officer shall determine that the dwelling is not the actual residence of the owner, the Planning Board shall revoke the special use permit and direct that the additional apartment unit created pursuant to this subsection be vacated. The dwelling shall thereafter be used as a single-family detached dwelling.
(10)
Stairways leading to any floor or story above the first floor shall be located within the walls of the building wherever practicable. Stairways and fire escapes shall be located on the rear wall in preference to either side wall. In no instance shall a stairway or fire escape be located on any wall fronting on a street.
R.
Riding academy. The business use of riding academy is hereby allowed in the Rural Residential, Residential and Hamlet Districts by special permit, provided that the parcel of land consists of a total acreage of 15 acres. The total acreage of the parcel of land shall be determined by considering the entire parcel, including those portions of the parcel not within the Rural Residential, Residential or Hamlet District.
S.
Shopping center. The shopping center building envelope shall be no more than 20,000 square feet. All parking shall be to the side or rear of the structure. Full screening shall be provided between the shopping center parcel and adjacent parcels. Glare onto neighboring properties shall be strictly prohibited and shall be controlled with use of fully shielded light fixtures. The Planning Board may also require timers to extinguish lights, except for security lighting, after business hours.
T.
Swimming pools. Any outdoor swimming pool, whirlpool or hot tub, as defined in § 120-4, shall be subject to the following safety measures, as required by the New York State Uniform Fire Prevention and Building Code:
(1)
The outdoor swimming pool, whirlpool or hot tub shall be enclosed on all sides by a security fence not less than four feet nor more than six feet in height, or, in the case of a whirlpool or hot tub, a securely locked cover shall be provided.
(2)
Such security fence, as may be applicable, shall be provided with a locking gate to prevent accidental entry or unauthorized use of the outdoor swimming pool, whirlpool or hot tub.
U.
Roadside stands and farmstands.
(1)
Roadside stands shall be permitted pursuant to the Schedule of Use and Bulk Regulations in accordance with the following requirements:
(a)
In all zoning districts except Agriculture (A), such stand shall not exceed 100 square feet in total area.
(b)
Roadside stands 100 square feet or less in the A District are permitted by right and do not need special use or site plan approvals, providing all standards of the section are met. Any roadside stand greater than 100 square feet shall require site plan review approval.
(c)
Such stand shall be located not less than 25 feet from any street line, except in the H District, where 10 feet shall be the required front setback.
(d)
Such stand shall be solely used for display and sale of agricultural products.
(2)
Farmstands shall be permitted pursuant to the Schedule of Use and Bulk Regulations in accordance with the following requirements:
(a)
Site plan approval shall be required for all farmstands.
(b)
In the Agricultural Overlay District (A), farm stands may be up to 2,500 square feet of gross floor area, inclusive of all customer, storage and office areas.
(c)
All parking, signage, landscape, and other development standards of this chapter shall be met.
V.
Bed-and-breakfast establishments.
(1)
Bed-and-breakfasts shall be owner-occupied and their certificate of occupancy shall so stipulate. Further, all bed-and-breakfasts up to six units must also be consistent with all New York State Uniform Fire Prevention and Building Code standards.
(2)
Unless otherwise allowed by the Planning Board, off-street parking shall not be located in a front yard and shall be screened from roads and adjacent properties so as to provide no variation from the residential character of the site. Off-street parking spaces for members of the owner's family residing in the dwelling unit as well as one parking space per room shall be provided.
(3)
Each bed-and-breakfast shall be established, maintained and operated so as to preserve and complement the residential character and integrity of the surrounding area.
(4)
No guest shall stay for a period of time in excess of 30 consecutive days.
(5)
Each bedroom occupied by a paying guest shall be equipped with a properly installed and functioning smoke detector. Further, a smoke detector shall be properly installed and functioning on or near the ceiling in the room or hallway from which each bedroom rented to paying guests exists.
(6)
The Zoning Enforcement Officer and/or Code Enforcement Officer shall be given such access to the dwelling on an annual basis for the purpose of making inspections to ensure compliance with all federal, state and local codes, rules and regulations, including the New York State Uniform Fire Prevention and Building Code. An operating permit and firesafety site inspection shall take place annually. Upon issuance of a special use permit for a bed-and-breakfast, the owner shall give written permission for periodic site inspection by the Zoning and/or Code Enforcement Officer.
(7)
A single exterior sign or display may be established on the site of the bed-and-breakfast. Said sign or display shall not exceed six square feet in area. No freestanding sign shall be located less than 15 feet from the front property line or less than five feet from the side property line. Further, said sign or display shall be as unobtrusive as reasonably possible and may be illuminated by no more than two seventy-five-watt light bulbs which shall be shielded so as to prevent glare, etc.
(8)
The bed-and-breakfast shall be maintained and operated at all times so as to comply with the New York State Uniform Fire Prevention and Building Code and the rules and regulations promulgated thereunder, as amended, including furnishing of smoke alarms, carbon monoxide detectors and exit signs.
(9)
During site plan review, the Planning Board shall consider the:
(a)
Adequacy and arrangement of vehicle traffic access and circulation;
(b)
Location, arrangement, appearance and sufficiency of off-street parking;
(c)
Location, arrangement, size and design of lighting and signs;
(d)
Relationship and compatibility of proposed use (bed-and-breakfast) to uses of adjacent parcels in the immediate vicinity, together with their scale;
(e)
Adequacy, type and arrangement of trees, shrubs, fences and other landscaping or improvement constituting a visual or noise-deterring buffer between the site and adjacent or adjoining uses.
(10)
The owner shall maintain a guest register and shall preserve registration records for a minimum of three years.
W.
Domestic animal agricultural use.
(1)
In any hamlet district, a special use permit approval shall be required as follows for the raising of domestic animals and animal agricultural uses. No special use permit is required for bona fide 4-H and FFA youth project animals; provided, however, that the standards below are met. All other animal agriculture in hamlet districts shall obtain special use permit approval from the Planning Board and meet the following standards:
Animal Type | Minimum Lot Size | Additional Animals | |
|---|---|---|---|
Horses and mules | 1 animal per one acre to a maximum of 10 animals | 1 acre per animal | |
Livestock | 1 animal per one acre to a maximum of 10 animals | 1 acre per animal | |
Fowl and game birds | 10 birds per one-acre lot to a maximum of 25 animals | ||
Goats, pigs, sheep | 2 per one-acre lot to a maximum of 10 animals | Prorated number of animals for each portion of an acre |
(2)
All bedding materials and stored manure must be stored in a covered structure or more than 25 feet from any property line.
(3)
All buildings and structures used to store feed or other materials used for the domestic livestock use shall be located a minimum of 35 feet from all property lines. A minimum of 100 feet shall be provided between any area or structure used for the storage of animal wastes and wetlands, and waterways.
(4)
All livestock shall be fenced.
(5)
No animal shall have direct access to a jurisdictional wetland, impoundment, stream, spring, or well on the lot on which the livestock is located.
(6)
The animal agricultural use in the hamlets shall not constitute a nuisance with regard to noise, odor, vectors, dust, or other nuisance effects beyond the property lines of the parcel.
(7)
Conversion of a domestic livestock use to a more intense, commercial livestock operation shall not be permitted in any hamlet district.
X.
Convenience store.
(1)
There shall be a maximum of 10% of floor area for seating facilities.
(2)
Exterior display of merchandise for sale will be allowed only on paved walkway within three feet of building.
(3)
Loading areas shall minimize impact on neighborhood; screening and buffer zones shall be provided if adjacent to residential use.
(4)
At least 1 entrance and all principal windows shall be street oriented.
(5)
Use of alternative pavements (brick pavers, porous pavement, are encouraged).
(6)
Vehicle entrances shall be minimized to maximize safety, efficient traffic circulation while minimizing impact on neighborhood.
(7)
The applicant shall demonstrate that the use is compatible with neighborhood.
(8)
Exterior lighting shall not glare on adjacent property or public right-of-way.
(9)
The hours of operation may be restricted.
(10)
The scale, massing, and building design shall be compatible with neighborhood.
(11)
Parking shall not be in the front yard (unless impractical).
Y.
Self-storage warehouse.
(1)
The minimum front setback shall be 35 feet.
(2)
No security fencing, security gate, or other obstruction to vehicle access shall be permitted in the required front yard or in any required transitional yard.
(3)
No door opening for any rental unit shall be constructed facing any residential use.
(4)
Door openings for rental units shall face the interior of the site unless impracticable.
(5)
Accommodations for resident managers is permitted.
(6)
The roof shape and materials shall be pitched and compatible with the design and materials of neighboring buildings and shall meet all design and siting requirements for the district.
(7)
Views of the storage facility from public rights-of-way shall be fully buffered with vegetative material.
(8)
All parking shall be to the rear of the building or to the side, if adequately screened.
(9)
Storage units shall not be used for the servicing or repair of motor vehicles, boats, trailers, lawn mowers and other similar equipment; or for office, retail, manufacturing or other similar uses.
(10)
No activities such as miscellaneous or garage sales shall be conducted on the premises.
(11)
All storage uses shall be inside an enclosed building.
(12)
An on-site office for a manager may be approved by the Planning Board as part of the business.
(13)
Security fencing shall not include electrically charged, barbed wire or razor wire, and shall not be placed in a required front yard setback area.
(14)
Spacing between structures shall be a minimum of 20 feet, and emergency access shall be provided to at least three sides of all structures.
(15)
All lighting shall be shielded and directed downwards; light sources shall be located and designed so as to prevent light from being directed outside the boundaries of the development. Light poles and fixtures shall be located as low as practical. A greater number of low "area" lights are favored over higher lights. Incandescent lights are favored over sodium or mercury-type lighting.
(16)
Access drives shall be designed to handle automobiles, vans, light trucks, and other two-axle vehicles.
Z.
Junkyards and automobile junkyards.
(1)
All provisions of Chapter 79 of the Code of the Town of Stockport shall be met.
(2)
No junkyard items or junk cars shall be located so as to be visible from public roads or adjoining residential properties. The applicant shall erect and maintain a fence that is eight feet high and encloses the entire junkyard. Where a junkyard is or would be visible from a public highway or from neighboring properties, the fence should be made of wood or other materials sufficient to screen the junkyard from view of roadways or neighboring properties. Where the topography, natural growth of timber, or other considerations accomplish the purposes of this section, in whole or in part, the fencing requirements hereunder may be reduced by the Planning Board, upon granting the permit; provided, however, that such natural barrier conforms to the purposes of this chapter.
(3)
No junk or junk cars shall be stored or placed within:
(a)
Three hundred feet of any public park, church, educational facility, nursing home, public building, or other place of public gathering;
(b)
Three hundred feet of any stream, lake, pond, wetland, or other body of water;
(c)
One hundred feet of any well used as a drinking water source;
(d)
One hundred feet of the right-of-way of any state, county, or Town road; or
(e)
Fifteen feet of any fence or screening.
(4)
Draining oil, gas and antifreeze. All junk motor vehicles shall be drained of oil, gas, and antifreeze and these materials disposed of properly in a hazardous waste facility, or recycled. Disposal of oil, gas, and antifreeze from junk cars shall be prohibited in any junkyard.
(5)
Screening. Where a junkyard is or would be visible from a public highway or from neighboring properties, an eight-foot high opaque fence shall be provided to totally screen the junkyard from view. As an alternative, the Town Board may permit screening of the junkyard by adequate planting of evergreen trees or shrubs. The Planning Board may waive the requirement of screening where the site cannot be effectively screened due to topography, or where the existing topography of the site would effectively screen junk storage areas.
(6)
Burning. No materials shall be burned in a junkyard except in compliance with the New York State Outdoor Burning Law (see 6 NYCRR Part 215). Inside, adjacent to and continuous with the fence or enclosure, there shall be one strip of land at least three feet in width which shall be kept free of all dry grass, junk, plant growth, or other combustible material so as to provide a fire lane or break around the entire area where business activity is conducted.
(7)
Burying. No junkyard or junk car items shall be buried in a junkyard except in compliance with the New York State Solid Waste Disposal Law (see 6 NYCRR Part 360).
(8)
Lighting. Exterior lighting proposed for the site shall be planned, erected, and maintained in such a manner that it will not cast direct light or glare upon adjacent properties, or upon any public right-of-way. No light source shall be higher than 20 feet.
(9)
The Planning Board shall specify in the junkyard approvals which types of junk may be stored or deposited in the junk storage area. No items shall be stored in any junk storage area other than those items specified on a junkyard permit approved by the governing board pursuant to this chapter.
§ 120-40 Costs related to review, expiration, and revocation.
A.
In its review, the Planning Board may consult with the Town Engineer and other Town and County officials and board, as well as with representatives of federal and state agencies, including the Soil and Water Conservation District, the United States Army Corps of Engineers or the New York State Department of Environmental Conservation.
B.
A special use permit shall become void one year after approval unless construction has begun within such time or, by conditions of the use permit, greater or lesser time is specified as a condition of approval, or unless prior to the expiration of one year, the permit is extended for a period of no more than one year.
C.
The Planning Board, on its own motion, may revoke any special use permit for noncompliance with conditions set forth in the granting of said permit after first holding a public hearing and giving notice of such hearing. The foregoing shall not be the exclusive remedy, and it shall be unlawful and punishable hereunder for any person to violate any condition imposed by a special use permit.
§ 120-41 Application procedure; fee; hearing.
The Planning Board shall review and act on all special permit uses in accordance with the procedure specified herein.
A.
Application and fee. Thirteen copies shall be submitted to the Planning Board at least 10 days prior to the meeting in writing, on forms prescribed by the Board, and shall be accompanied by the following:
(1)
A sketch site plan as otherwise required in § 120-46 of this chapter.
(2)
Such additional information as is required for certain uses under § 120-39.
(3)
Payment of the applicable fee in accordance with the fee schedule established and annually reviewed by the Town Board.
B.
Public notice and hearing. The Planning Board shall conduct a public hearing and fix a time and place for a public hearing on any such special permit application within 62 days from the day an application is received on any matter referred to it under this section. A legal notice of the public hearing shall be published in the official newspaper of the Town at least five days prior to the public hearing. The Planning Board shall also provide notice and execute required the referral pursuant to New York General Municipal Law § 239-m as follows:[1]
[1]
Editor's Note: So in original.
C.
County referral. No action shall be taken by the Planning Board until an advisory recommendation has been received from said County Planning Board or 30 calendar days have elapsed since the Planning Board received such full statement. Notice to applicant and county Planning Board shall be made at least 10 days before such hearing.
(1)
Actions which shall be referred to the county include those which affect property located within 500 feet of the following:
(a)
Municipal boundary.
(b)
Boundary of any existing or proposed county or state park or other recreation area.
(c)
Right-of-way of any existing or proposed county or state road or highway.
(d)
Existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines.
(e)
Existing or proposed boundary or any county- or state-owned land on which a public building or institution is situated.
D.
Decisions. Every decision of the Planning Board with respect to a special use permit application shall be made by resolution within 62 days within 62 days of the public hearing and such resolution shall clearly state the decision and any conditions attached thereto. Each such decision shall be filed in the office of the Town Clerk within 10 calendar days thereof and a copy thereof mailed to the applicant. In rendering its decision, the Board shall approve, disapprove or approve with modifications and conditions the special use permit application. The time within which the Board must render its decision may be extended by mutual consent of the applicant and the Board. The decision of the Board shall be filed in the office of the Town Clerk within five business days of the date such decision is rendered and a copy thereof shall be mailed to the applicant.
E.
Compliance with SEQRA. The Planning Board shall comply with the provisions of the state environmental quality review act under Article 8 of the Environmental Conservation Law and its implementing regulations.
F.
Compliance with Agriculture and Markets Law Article 25-AA, § 305-a.
(1)
Agricultural data statement; submission, evaluation. Any application for a special use permit that would occur on property within an agricultural district containing a farm operation or on property with boundaries within 500 feet of a farm operation located in an agricultural district shall include an agricultural data statement supplied by the applicant. The Planning Board shall evaluate and consider the agricultural data statement in its review of the possible impacts of the proposed project upon the functioning of farm operations within such agricultural district. The applicant is responsible for submitting this data.
(2)
Agricultural data statement; notice provision. Upon the receipt of such application by the Planning Board, the Clerk of such board shall mail written notice of such application to the owners of land as identified by the applicant in the agricultural data statement. Such notice shall include a description of the proposed project and its location, and may be sent in conjunction with any other notice required by state or local law, ordinance, rule or regulation for the said project. The cost of mailing said notice shall be borne by the applicant and any information needed for such statement shall be provided by the applicant.
(3)
Agricultural data statement; content. An agricultural data statement shall include the following information: the name and address of the applicant; a description of the proposed project and its location; the name and address of any owner of land within the agricultural district, which land contains farm operations and is located within 500 feet of the boundary of the property upon which the project is proposed; and a Tax Map or other map showing the site of the proposed project relative to the location of farm operations identified in the agricultural data statement.
(4)
The Planning Board shall consider the following when reviewing any special use permit application within an Agricultural District:
(a)
Any potential for conflict with agricultural uses within the district.
(b)
Compatibility of the project with existing or permitted uses on adjacent lands.
(c)
The agricultural productivity of the lands or soils involved.
(d)
The need to minimize the amount of agricultural soils converted to nonagricultural use.
(e)
The availability of adequate soils for septic tanks and leach fields.
(f)
The effect of the proposed use on water, air, or soil resources, and on rare or irreplaceable natural resources.
§ 120-42 Effect of approval.
A.
No building permit shall be issued for any structure regulated by this section until such special use permit has received Planning Board approval and a copy of a resolution to that effect has been presented to the Code Enforcement Officer.
B.
No certificate of occupancy shall be issued for any structure or use of land covered by this section until the structure is completed or the land developed in strict accordance with the Planning Board resolution of special permit approval and applicable requirements of this chapter.
C.
Any use for which a special permit may be granted shall be deemed a conforming use in the district in which it is located, provided that such permit shall be deemed to affect only the lot or portion thereof for which such permit has been granted.
D.
The Planning Board may require in its resolution of approval that a special use permit be renewed periodically. Such renewal may be withheld only after public hearing and upon specific determination by the Planning Board that such conditions as may have been prescribed in conjunction with the issuance of the original permit have not been or are no longer being complied with. In such cases, a period of 60 days shall be granted for full compliance by the applicant prior to revocation of the special use permit.
E.
The granting of a special use permit in the FF-O (Flood-Fringe Overlay) District shall not be held to constitute a representation, guaranty or warranty of any kind by the Town of Stockport or by any official or employee thereof regarding the practicability or safety of any structure or use or the proper functioning of the proposed facilities and plans and shall not be held to create a liability upon or cause of action against such public body, official or employee for any damage that may result pursuant to such development or use.
§ 120-43 Expiration of permit.
A special use permit shall be deemed to authorize only one particular special use and shall expire if the special use permit activity is not commenced and diligently pursued within one year of the date of issuance of the special use permit or if the special use ceases for more than one calendar year for any reason.
§ 120-44 Appeals.
Any person or persons jointly or severally aggrieved by any decision of the Planning Board on a special use permit application may apply to the Supreme Court of the State of New York for relief through a proceeding under Article 78 of the Civil Practice Law and Rules of the State of New York. Such proceeding shall be governed by the specific provisions of Article 78, except that the action must be initiated, as therein provided, within 30 days after the filing of the Board's decision in the office of the Town Clerk. Costs shall not be allowed against the Planning Board unless it shall appear to the court that it acted with gross negligence, in bad faith, or with malice in making the decision appealed from.