Victor Village City Zoning Code

ARTICLE VII

Special Use Permits

§ 170-29 Planning Board authorized to review, approve special use permit.

The Planning Board is hereby authorized, pursuant to § 7-725-b of the Village Law, to review and approve, approve with conditions, or disapprove applications for a special use permit within the Village as designated pursuant to and in accordance with the standards and procedures set forth in this chapter.

§ 170-30 Direct application for area variance.

Notwithstanding any provision of law to the contrary, where a proposed special use permit contains one or more features which do not comply with the zoning regulations, application may be made to the Zoning Board of Appeals for an area variance pursuant to § 7-712-b of the Village Law, without the necessity of a decision or determination of an administrative official charged with the enforcement of this chapter.

§ 170-31 Public hearing.

The Planning Board shall conduct a public hearing on the special use permit application within 62 days of the receipt of a complete application for a special use permit and shall be advertised in the Village's official newspaper.

§ 170-32 State Environmental Quality Review Act.

Prior to rendering a decision on the special use permit, 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 as codified in 6 NYCRR 617.

§ 170-33 Conditions on issuance of special use permit.

The Village of Victor Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed special use permit. Upon its granting of said special use permit, any such conditions must be met in connection with the issuance of permits by the Village of Victor Code Enforcement Officer.

§ 170-34 Uses requiring special use permits.

Certain uses, not permitted as a matter of right in a zoning district, may be located therein upon the issuance of a special use permit by the Planning Board. The provisions of this subsection shall apply to the issuance of all special use permits.

No special use permit shall be issued, until the Planning Board, after a hearing, determines that:

The use will be in harmony with the general purpose and intent of this chapter, taking into account the location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it and the size of the site with respect to streets giving access thereto.

The use will not tend to depreciate the value of adjacent property, taking into account the possibility of screening or other protective measures.

The use will not create a hazard to health, safety or general welfare.

The use will not be detrimental to the flow of traffic in the vicinity.

The use will not alter the essential character of the neighborhood nor be detrimental to the residents thereof.

In addition, the Planning Board shall consider the following:

General conformance with Village of Victor planning strategies, including but not limited to the village revitalization plan, comprehensive plan, and design guidelines.

Consistency with development standards and guidelines of the zoning district in which the use is located.

Criteria for site plan review (see Article V hereof).

Those uses requiring a special use permit for which additional, specific standards have been established are enumerated below:

Gas station mini mart. Gas station mini marts may be permitted in the Gateway Corridor Business District, provided that the following standards are met:

In addition to the information required in the site plan as spelled out in Article V of this chapter, the site plan shall also show the number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground, the number and location of pumps to be installed, the type of structure and accessory buildings to be constructed.

The entire area of the site traveled by motor vehicles shall be paved with asphalt or concrete.

Accessory goods for sale shall not be displayed on the pump island and shall be located on the building island only.

No gas station mini mart shall be located within 500 feet of any public entrance to a school, library, hospital/urgent care, or church. Such distance shall be measured in a straight line from said public entrance to the lot line nearest said entrance along the street line.

Where such uses abut a residential zone, they shall be screened by a buffer area composed of planted evergreen shrubbery or solid fencing, or a combination of both, which, in the opinion of the Planning Board, will be adequate to prevent the transmission of headlight glare and illumination across the zone boundary line. Such buffer screen shall have a minimum height of four feet above the finished grade at the highest point of the parking area. The materials used shall be in keeping with the character of the adjacent residential area.

All fuel pumps shall be located at least 20 feet from any street or property line.

Automobile repair service. Automobile repair services may be permitted in the Gateway Corridor Business District and Village Center Business District, provided that the following standards are met:

In addition to the information required in the site plan as spelled out in Article V of this chapter, the site plan shall also show the type of structure and accessory buildings to be constructed and the number of automobiles which are to be garaged.

Any repair of motor vehicles shall be performed in a fully enclosed building, and no motor vehicle shall be offered for sale on the site. No motor vehicle parts or partially dismantled motor vehicles shall be stored outside of an enclosed building.

Where such uses abut a residential zone, they shall be screened by a buffer area composed of planted evergreen shrubbery or solid fencing, or a combination of both, which, in the opinion of the Planning Board, will be adequate to prevent the transmission of headlight glare and illumination across the zone boundary line. Such buffer screen shall have a minimum height of four feet above the finished grade at the highest point of the parking area. The materials used shall be in keeping with the character of the adjacent residential area.

Adult entertainment use. The Village Board of the Village of Victor has determined that adult entertainment uses exhibit serious objectionable operational characteristics which can lead to significant adverse impacts on the surrounding community and that the unrestrained proliferation of such businesses is inconsistent with existing development and future plans for the Village of Victor in that adult entertainment uses often result in influences on the community which increase the crime rate and undermine the economic, moral and social welfare of the community. The deleterious effects of these uses change the economic, social and moral character of the existing community and adversely affect existing businesses and community and family life. Therefore, the Village Board of the Village of Victor recognizes that special regulation is necessary in order to prevent the proliferation of adult entertainment uses and to ensure that the effects of such uses will not adversely affect the health, safety and economic well-being of the community. Adult entertainment uses shall also be subject to the following:

All provisions of the Zoning Law of the Village of Victor applicable to any use specified in the Industrial District.

Such uses shall be a minimum of 2,000 feet from schools, churches, public parks and recreation lands, municipal boundary lines, residentially zoned lands and other specified uses and businesses set forth in this article. Measurement of distances shall be from the property lines of the uses.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

No exterior sign shall contain any photographic or artistic representation of the human body.

All building openings, entries, windows, doors, etc., shall be located, covered or screened in such a manner as to prevent a view into the interior of the building from any public right-of-way or adjacent property.

No adult entertainment use shall be established in any building of which any part is used for residential purposes.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

No residential use shall be established in any building of which any part is used for an adult entertainment use.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

One parking space for every 200 square feet of gross floor area devoted to the adult use shall be provided.

All adult entertainment uses shall be provided with on-site parking for all vehicles during typical peak use periods.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Victor Village City Zoning Code

ARTICLE VII

Special Use Permits

§ 170-29 Planning Board authorized to review, approve special use permit.

The Planning Board is hereby authorized, pursuant to § 7-725-b of the Village Law, to review and approve, approve with conditions, or disapprove applications for a special use permit within the Village as designated pursuant to and in accordance with the standards and procedures set forth in this chapter.

§ 170-30 Direct application for area variance.

Notwithstanding any provision of law to the contrary, where a proposed special use permit contains one or more features which do not comply with the zoning regulations, application may be made to the Zoning Board of Appeals for an area variance pursuant to § 7-712-b of the Village Law, without the necessity of a decision or determination of an administrative official charged with the enforcement of this chapter.

§ 170-31 Public hearing.

The Planning Board shall conduct a public hearing on the special use permit application within 62 days of the receipt of a complete application for a special use permit and shall be advertised in the Village's official newspaper.

§ 170-32 State Environmental Quality Review Act.

Prior to rendering a decision on the special use permit, 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 as codified in 6 NYCRR 617.

§ 170-33 Conditions on issuance of special use permit.

The Village of Victor Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed special use permit. Upon its granting of said special use permit, any such conditions must be met in connection with the issuance of permits by the Village of Victor Code Enforcement Officer.

§ 170-34 Uses requiring special use permits.

Certain uses, not permitted as a matter of right in a zoning district, may be located therein upon the issuance of a special use permit by the Planning Board. The provisions of this subsection shall apply to the issuance of all special use permits.

No special use permit shall be issued, until the Planning Board, after a hearing, determines that:

The use will be in harmony with the general purpose and intent of this chapter, taking into account the location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it and the size of the site with respect to streets giving access thereto.

The use will not tend to depreciate the value of adjacent property, taking into account the possibility of screening or other protective measures.

The use will not create a hazard to health, safety or general welfare.

The use will not be detrimental to the flow of traffic in the vicinity.

The use will not alter the essential character of the neighborhood nor be detrimental to the residents thereof.

In addition, the Planning Board shall consider the following:

General conformance with Village of Victor planning strategies, including but not limited to the village revitalization plan, comprehensive plan, and design guidelines.

Consistency with development standards and guidelines of the zoning district in which the use is located.

Criteria for site plan review (see Article V hereof).

Those uses requiring a special use permit for which additional, specific standards have been established are enumerated below:

Gas station mini mart. Gas station mini marts may be permitted in the Gateway Corridor Business District, provided that the following standards are met:

In addition to the information required in the site plan as spelled out in Article V of this chapter, the site plan shall also show the number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground, the number and location of pumps to be installed, the type of structure and accessory buildings to be constructed.

The entire area of the site traveled by motor vehicles shall be paved with asphalt or concrete.

Accessory goods for sale shall not be displayed on the pump island and shall be located on the building island only.

No gas station mini mart shall be located within 500 feet of any public entrance to a school, library, hospital/urgent care, or church. Such distance shall be measured in a straight line from said public entrance to the lot line nearest said entrance along the street line.

Where such uses abut a residential zone, they shall be screened by a buffer area composed of planted evergreen shrubbery or solid fencing, or a combination of both, which, in the opinion of the Planning Board, will be adequate to prevent the transmission of headlight glare and illumination across the zone boundary line. Such buffer screen shall have a minimum height of four feet above the finished grade at the highest point of the parking area. The materials used shall be in keeping with the character of the adjacent residential area.

All fuel pumps shall be located at least 20 feet from any street or property line.

Automobile repair service. Automobile repair services may be permitted in the Gateway Corridor Business District and Village Center Business District, provided that the following standards are met:

In addition to the information required in the site plan as spelled out in Article V of this chapter, the site plan shall also show the type of structure and accessory buildings to be constructed and the number of automobiles which are to be garaged.

Any repair of motor vehicles shall be performed in a fully enclosed building, and no motor vehicle shall be offered for sale on the site. No motor vehicle parts or partially dismantled motor vehicles shall be stored outside of an enclosed building.

Where such uses abut a residential zone, they shall be screened by a buffer area composed of planted evergreen shrubbery or solid fencing, or a combination of both, which, in the opinion of the Planning Board, will be adequate to prevent the transmission of headlight glare and illumination across the zone boundary line. Such buffer screen shall have a minimum height of four feet above the finished grade at the highest point of the parking area. The materials used shall be in keeping with the character of the adjacent residential area.

Adult entertainment use. The Village Board of the Village of Victor has determined that adult entertainment uses exhibit serious objectionable operational characteristics which can lead to significant adverse impacts on the surrounding community and that the unrestrained proliferation of such businesses is inconsistent with existing development and future plans for the Village of Victor in that adult entertainment uses often result in influences on the community which increase the crime rate and undermine the economic, moral and social welfare of the community. The deleterious effects of these uses change the economic, social and moral character of the existing community and adversely affect existing businesses and community and family life. Therefore, the Village Board of the Village of Victor recognizes that special regulation is necessary in order to prevent the proliferation of adult entertainment uses and to ensure that the effects of such uses will not adversely affect the health, safety and economic well-being of the community. Adult entertainment uses shall also be subject to the following:

All provisions of the Zoning Law of the Village of Victor applicable to any use specified in the Industrial District.

Such uses shall be a minimum of 2,000 feet from schools, churches, public parks and recreation lands, municipal boundary lines, residentially zoned lands and other specified uses and businesses set forth in this article. Measurement of distances shall be from the property lines of the uses.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

No exterior sign shall contain any photographic or artistic representation of the human body.

All building openings, entries, windows, doors, etc., shall be located, covered or screened in such a manner as to prevent a view into the interior of the building from any public right-of-way or adjacent property.

No adult entertainment use shall be established in any building of which any part is used for residential purposes.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

No residential use shall be established in any building of which any part is used for an adult entertainment use.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

One parking space for every 200 square feet of gross floor area devoted to the adult use shall be provided.

All adult entertainment uses shall be provided with on-site parking for all vehicles during typical peak use periods.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]