Watervliet City Zoning Code
ARTICLE VIII
Additional Regulations for Specific Uses
§ 272-39 Purpose.
The purpose of this article is to place additional development requirements on specific uses, both permitted and specially permitted, because of the potential impacts to surrounding properties. The regulations promote the public health, general safety and neighborhood character of the immediate neighborhood and the larger community and mitigate often inherent impacts of a use such as, but not limited to, noise, traffic, vehicle circulation, visual impact, odors, dust and fumes.
§ 272-40 Adult entertainment.
A.
Adult entertainment uses shall be permitted only in the Light Industrial (LI) District and are subject to the following restrictions:
(1)
No adult entertainment use shall be permitted in any building used in whole or in part for residential purposes.
(2)
No more than one adult entertainment use shall be permitted on any lot, and no such use shall be permitted within 750 feet of any other such use.
(3)
No adult entertainment use shall be permitted on any lot that is located within 450 feet of any lot on which is located a school, religious institution, cemetery, community center, day-care center, public park, playing field, bike path or other public recreational facility.
(4)
No adult entertainment use shall be conducted in any manner that allows the observation of any material depicting, describing or relating to any sexual act or any part of the anatomy from any public way or from any other property. This provision shall apply to any display, decoration, sign, show, window or other opening.
(5)
There shall be no outdoor sign, display or advertising of any kind other than an identification sign limited to the name of the establishment.
(6)
Adult entertainment uses shall comply with all other requirements of this chapter, as well as all other applicable City, county, state and federal laws and regulations.
B.
The distances provided in Subsection A above shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the parcel lot line upon which the adult use is to be located to the nearest point of the parcel lot line or the land use district boundary line from which the adult use is to be separated.
§ 272-41 Bed-and-breakfast.
§ 272-42 Car wash.
A.
This section applies to any car wash established as a permanent use. This section does not apply to temporary car washing activities sponsored by schools, churches or other nonprofit organizations or groups in order to raise money for designated events.
B.
A car wash premises shall not be used for the sale, rent or display of automobiles, trailers, boats or other vehicles unless one of these uses is the permitted principal use on the lot and the car wash is an accessory use.
C.
Washing, vacuuming, steam cleaning, waxing, polishing or machine-drying operations, and the building within which they must be conducted, shall be a minimum 150 feet from any residential district boundary line.
D.
Ingress and egress shall be so designed as to minimize traffic congestion, and for this purpose, the number and location of driveways shall be subject to the explicit approval of the Planning Board.
E.
In addition to any off-street parking requirements of this chapter, queue lanes shall provide for a minimum of four vehicles per bay on the lot.
§ 272-43 Drive-through windows.
A.
Due to potential impacts on traffic volume and vehicular and pedestrian circulation, the additional standards of this section are required for the permitting of drive-through windows.
B.
Drive-through windows shall not be permitted in the MU-1 District as the existing development pattern in the district of few alleys or driveways and small lots is not compatible with appropriate drive-through window traffic circulation and may compromise the pedestrian character of the corridor.
C.
Site location criteria. The site of the drive-through window shall meet the following criteria:
D.
General design standards. All of the following must be provided for the principal use to be granted a building permit for a drive-through window:
(1)
Drive-through windows shall be prohibited in the front yard unless it is on a corner lot.
(2)
All lighting on the exterior of the building shall be of an indirect nature, emanating only from fixtures located under canopies or hoods, under eaves of buildings and at ground level in the landscaping. Freestanding pole lights shall not exceed a maximum height of 14 feet and shall be so arranged and shielded that there shall be no glare or reflection onto adjacent properties or public rights-of-way.
(3)
Signs should be placed and queue lanes should be designed so that waiting cars do not block sidewalks or public streets.
(4)
Landscaping, queue lane devices, and overall design shall not prevent vehicles from safely and efficiently leaving waiting lanes.
(5)
Traffic circulation.
(a)
A traffic study addressing on-site and peak hours off-site traffic and circulation impacts is required.
(b)
Pedestrian crosswalks shall be clearly marked, including signs for vehicles to stop for pedestrians.
(c)
Queue lanes shall be designed for the maximum length possible. At a minimum, queue lanes should accommodate average peak monthly traffic flow, allowing 23 feet per vehicle. Applicants must provide data about the peak flows of the business to determine the minimum waiting needed.
(d)
The queue lanes shall be independent of any on-site parking, parking maneuvering areas, public streets or traffic ways serving other on- and/or off-site uses.
E.
Site plan requirements. In addition to the general requirements for site plan review, drive-through window site plans must also include the following features:
§ 272-44 Gasoline station.
A. CANOPY FUEL PUMP PUMP ISLAND
Definitions. For the purposes of this section, the following terms shall have the meanings indicated:
Any structural protective cover that is not enclosed on any of its four sides and is provided for a service area designated for the dispensing or installation of gasoline, oil, antifreeze, headlights, wiper blades and similar products.
Any device that dispenses automotive fuel and/or kerosene. A fuel pump may contain multiple hoses or be capable of serving more than one fueling position simultaneously.
A concrete platform measuring a minimum of six inches in height from the paved surface on which fuel pumps are located.
B.
General criteria.
(1)
No gasoline station shall be permitted to be established on any lot within 500 feet of an existing gasoline station or of any lot for which a building permit has been issued for a gas station.
(2)
No fuel pumps and tanks shall be closer than 50 feet to any existing residential structure.
(3)
All accessory services shall occur within buildings enclosed by a roof and a wall.
(4)
Principal buildings shall be oriented to the street.
(5)
All fuel pumps and pump islands shall be set back a minimum distance of at least 15 feet from any right-of-way line or property.
(6)
Accessory commercial retail uses shall not exceed 25% of the total floor area which includes all areas under a canopy or roof and all pump areas of the principal use to which it is accessory.
(7)
Outdoor storage of motor vehicles shall be prohibited at all times. Premises shall not be used for the sale, rent or display of automobiles, trailers, mobile homes, boats or other vehicles.
C.
Canopies.
(1)
Canopies shall not exceed 16 feet in height or the height of the principal building, whichever is less.
(2)
Canopies shall be architecturally integrated with the principal building and all other accessory structures on the site through the use of the same or compatible materials, colors and roof pitch.
(3)
Any lighting fixtures or sources of light that are a part of the underside of the canopy shall be recessed into the underside of the canopy so as not to protrude below the canopy ceiling surface more than two inches.
(4)
All equipment including fire suppression materials shall be screened.
(5)
Permitted materials for canopies include brick, stone, stucco and any other material if consistent with an architectural style permitted in § 272-56, Design standards for new mixed-use, commercial and other nonresidential structures, if the principal building conforms to that style. The following materials are not permitted:
(6)
Flat roofs are not permitted. Roof design shall incorporate architectural features such as faux roof pitch to screen all mechanical equipment.
§ 272-45 Motor vehicle repair, major.
A.
All repairs shall be performed within an enclosed principal building on the premises.
B.
The maximum number of parking spaces devoted to overnight storage of vehicles shall be no more than three spaces per repair bay. These spaces shall be clearly delineated on all site plans and special use permit applications.
C.
No vehicle awaiting repair shall be located on the premises for more than 45 days.
D.
All overnight storage exceeding the maximum number of permitted storage spaces shall be enclosed and not visible from adjoining properties.
§ 272-46 Motor vehicle sales.
A.
All lots used for the outdoor display of automobiles shall have a completely enclosed building on the same lot.
B.
All repairs, servicing, sales and car washing shall be performed within the principal building.
C.
Customer vehicles with external damage awaiting repairs shall be stored either inside a building or in a screened outdoor area.
D.
Screening, in accordance with the perimeter landscaping requirements of § 272-57, Landscaping and screening, shall be provided along all lot lines abutting a lot line zoned residential. No vehicles may be located within any landscaped areas.
E.
All customer, employee and display parking spaces shall be clearly delineated on the site plan and on the site.
F.
All required off-street parking spaces shall be reserved exclusively for the parking of customer and employee vehicles and shall not be used for the display of merchandise.
§ 272-47 Professional offices in R-3 District.
A.
Purpose. The City recognizes that while the R-3 District represents urban residential neighborhoods within the City, some of the neighborhoods' older, significant residential structures could be more viable as mixed-use structures that include compatible, small professional businesses.
B.
Professional offices in the R-3 District shall have a maximum number of two professionals and maximum total staff of six, including all professionals.
C.
Professional offices in the R-3 District shall conform to the off-street parking standards of this chapter.
§ 272-48 Religious institutions.
A.
Religious institutions located in the R-1A, R-1, R-2 and R-3 Districts shall meet the following requirements:
(1)
All structures, parking areas and loading areas shall be set back a minimum 25 feet from the side lot line.
(2)
Off-street parking shall be located in the rear and screened in accordance with the perimeter landscaping requirements of § 272-57, Landscaping and screening, along all rights-of-way and lot lines.
(3)
A parish house or rectory shall comply with the requirements for a single-family dwelling.
§ 272-49 Residential care facility.
A.
A residential care facility shall conform to and be maintained in harmony with the overall character and appearance of the surrounding neighborhood.
C.
A residential care facility shall be registered with the Zoning Enforcement Officer and Fire Chief, and the following information shall be filed and kept up-to-date:
§ 272-50 Self-storage facility.
A.
Facades fronting the road shall be parallel to the road and shall be constructed of clay brick, natural stone, decorative concrete or stucco.
B.
If more than one building, buildings shall be connected with an internal vehicular circulation system with a minimum width of 24 feet.
C.
No storage unit door shall face the road frontage.
D.
The primary entrance shall be articulated and built out from the primary building.
E.
Buildings shall have a pitched roof or the appearance of a pitched roof.
F.
Screening, in accordance with § 272-57, Landscaping and screening, shall be provided along all lot lines adjacent to a residential district.
G.
Security fencing used to protect the facility shall be located on the inside of the landscaping and screening.
§ 272-51 Wireless telecommunications towers and antennas.
A.
Purpose.
(1)
The City of Watervliet finds that wireless telecommunications facilities may pose significant concerns to the health, safety, public welfare, character and environment of the City and its inhabitants. The City also recognizes that facilitating the development of wireless service technology can be an economic development asset to the City and of significant benefit to the City and its residents. The intent of this section is to minimize the impact of wireless telecommunications facilities, establish a fair and efficient process for review and approval of applications, assure an integrated, comprehensive review of environmental impacts of such facilities, and protect the health, safety and welfare of the City of Watervliet.
(2)
In order to ensure that the placement, construction, and modification of wireless telecommunications facilities protects the City's health, safety, public welfare, environmental features, the nature and character of the community and neighborhood and other aspects of the quality of life specifically listed elsewhere in this section, the City hereby adopts the overall policy with respect to a special use permit for wireless telecommunications facilities for the express purpose of achieving the following goals:
(a)
Promoting and encouraging, wherever possible, the sharing and/or co-location of wireless telecommunications facilities among service providers.
(b)
Promoting and encouraging, wherever possible, the placement, height and quantity of wireless telecommunications facilities in such a manner, including but not limited to the use of stealth technology, to minimize adverse aesthetic and visual impacts on the land, property buildings, and other facilities adjacent to, surrounding, and in general the same area as the requested location of such wireless telecommunications facilities, which shall mean using the least visually and physically intrusive facility that is not technologically or commercially impracticable under the facts and circumstances.
(c)
That in granting a special use permit, the City has found that the facility shall be the most appropriate site as it is the least visually intrusive among those available in the City.
B.
Application of regulations.
(1)
No wireless telecommunications tower or antenna shall hereafter be erected, moved, reconstructed, changed or altered without conforming to these regulations. No existing structure shall be modified to serve as a telecommunications tower or antenna unless conforming to these regulations.
(2)
Freestanding telecommunications towers are permitted in the LI District with a special use permit.
(3)
Antennas may be mounted on rooftops of existing structures. Such antennas are defined as accessory uses for the purposes of this chapter and shall be permitted in the MU-1, MU-2, B, and LI Districts with a special use permit in accordance with the regulations of Article XII, Special use Permits.
(4)
The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed telecommunications facility, including the use of camouflage of the tower structure and/or antenna to reduce visual impact.
(5)
For applicants proposing minor changes to existing facilities or proposing the use of camouflage for a telecommunications tower, the Planning Board may waive any or all requirements under this section if it finds that such minor changes or camouflage significantly reduces the visual impact to the surrounding area. However, the Planning Board may not waive the requirement that a public hearing be held on the application.
(6)
Exemptions. The following shall be exempt from this section:
(a)
The City's fire, police, Department of Transportation or other public service facilities owned and operated by the local government.
(b)
Any facilities expressly exempt from the City's siting, building and permitting authority.
(c)
Over-the-air reception devices, including the reception antennas for direct broadcast satellites (DBS), multichannel multipoint distribution (wireless cable) providers (MMDS), television broadcast stations (TVBS) and other customer-end antennas that receive and transmit fixed wireless signals that are primarily used for reception.
(d)
Facilities exclusively for private, noncommercial radio and television reception and private citizen's bands, licensed amateur radio and other similar noncommercial telecommunications.
(e)
Facilities exclusively for providing unlicensed spread spectrum technologies [such as IEEE 802.11a b g (Wi-Fi) and Bluetooth] where the facility does not require a new tower.
C.
General criteria. No special use permit relating to a telecommunications facility shall be authorized by the Planning Board unless it finds that such facility:
(1)
Is necessary to provide adequate service to locations that the applicant is not able to serve with existing facilities;
(2)
Conforms to all applicable regulations promulgated by the Federal Communications Commission (FCC), Federal Aviation Administration (FAA), and other federal agencies;
(3)
Will be designed and constructed in a manner that minimizes visual impact to the greatest extent possible; and
(4)
Is the most appropriate site among those available within the technically feasible area for the location of a telecommunications facility.
D.
Co-location.
(1)
The shared use of existing telecommunications towers, rooftop antennas or other structures shall be preferred to the construction of new facilities. Any special use permit application shall include proof that reasonable efforts have been made to co-locate within an existing telecommunications facility or upon an existing structure within a reasonable distance, regardless of municipal boundaries, of the site. The applicant must demonstrate with data from a qualified engineer that the proposed telecommunications facility cannot be accommodated on existing telecommunications facilities due to one or more of the following reasons:
(a)
The planned equipment would exceed the structural capacity of existing and approved telecommunications facilities or other structures, considering existing and planned use for those facilities;
(b)
The planned equipment would cause radio frequency interference with other existing or planned equipment, which cannot be reasonably prevented;
(c)
Existing or approved telecommunications facilities or other structures do not have space on which the proposed equipment can be placed so it can function effectively and reasonably;
(d)
Other technical reasons make it impracticable to place the equipment proposed by the applicant on existing facilities or structures; and
(e)
The property owner or owner of the existing telecommunications facility or other structure refuses to allow such co-location or requests an unreasonably high fee compared to fees for such co-location as typically established in current industry rates.
(2)
An applicant intending to share use of an existing tower shall be required to submit documentation of such intent from an existing tower owner. The applicant shall pay all reasonable fees and costs to adapt an existing tower or structure to a new shared use. Those costs include but are not limited to structural reinforcement, preventing transmission or receiver interference, additional site screening, and other changes, including real property acquisition or a lease agreement required to accommodate shared use.
E.
Submission requirements.
(1)
Co-location/shared use. A special use permit application shall be made to the Zoning Enforcement Officer. Each application shall include at least the following:
(a)
A completed application for a building permit.
(b)
Documentation of consent from the owner of the existing facility to allow shared use.
(c)
A site plan in accordance with Article XI, Site Plan Review, of this chapter. The site plan shall show all existing and proposed structures and improvements, including antennas, roads, buildings, guy wires and anchors, parking and landscaping and shall include grading plans for new facilities and roads. Any methods used to conceal the modification of the existing facility shall be indicated on the site plan.
(d)
An engineer's report certifying that the proposed shared use will not diminish the structural integrity and safety of the tall structure and explaining what modifications, if any, will be required in order to certify to the above. An engineer qualified to complete the report required by this section shall be a New York State licensed professional engineer specializing in electrical engineering with expertise in radio communications facilities and, if a monopole or tower is required or the electrical engineer is not qualified to certify the structural soundness of the installation, a New York State licensed professional engineer specializing in structural engineering is required.
(e)
A completed full environmental assessment form (EAF) and a completed visual EAF addendum is required.
(f)
A copy of the applicant's FCC operating license.
(2)
New development, freestanding towers and rooftop-mounted antennas. A special use permit application shall be made to the Zoning Enforcement Officer. Each application shall include at least the following:
(a)
Site plan. For all new freestanding towers or rooftop antennas, an applicant shall be required to submit a site plan as described in Article XI, Site Plan Review. The site plan shall show all existing and proposed structures and improvements, including roads, and shall include grading plans for new facilities and roads. The site plan shall also include documentation on the proposed intent and capacity of use as well as a justification for the height of any tower or antennas and justification for any land or vegetation clearing required.
(b)
The applicant shall examine the feasibility of designing the proposed tower to accommodate future demand for at least four additional commercial applications, for example, future co-locations. The tower shall be structurally designed to accommodate at least four additional antenna arrays equal to those of the applicant and located as close to the applicant's antenna as possible without causing interference. This requirement may be waived, provided that the applicant, in writing, demonstrates that the provision of future shared usage of the tower is not technologically feasible, is commercially impracticable or creates an unnecessary and unreasonable burden, based upon:
[1]
The foreseeable number of FCC licenses available for the area;
[2]
The kind of wireless telecommunications facilities site and structure proposed;
[3]
The number of existing and potential licenses without wireless telecommunications facilities spaces/sites; and
[4]
Available space on existing and approved towers.
(c)
The site plan shall include a completed visual environmental assessment form (Visual EAF) and a landscaping plan addressing other standards listed within this chapter with particular attention to visibility from key viewpoints within and outside of the municipality as identified in the Visual EAF. The Planning Board may require submittal of a more detailed visual analysis based on the results of the Visual EAF.
(d)
Signed and sealed documentation from an expert qualified in the field of telecommunications and radio frequency engineering, showing that the tower and/or facility is needed to provide adequate coverage to an area of the City that currently has inadequate coverage, including a graphical depiction of the inadequate coverage area.
(e)
A copy of the lease agreement (if applicable).
(f)
A copy of the applicant's FCC operating license.
(g)
A statement by the applicant as to whether construction of the tower will accommodate co-location of additional antennas for future users.
(h)
An agreement by the tower/structure owner that other wireless telecommunications providers will be permitted to co-locate on the proposed tower/structure within the limits of structural and radio frequency engineering requirements.
F.
Site and design requirements.
(1)
Freestanding towers.
(a)
Height.
[1]
The applicant shall submit documentation justifying the total height of any tower, facility and/or antenna requested and the basis therefor. Documentation in the form of propagation studies must include all backup data used to perform at the requested height and at a height a minimum of 10 feet lower to allow verification of this height need. Such documentation will be analyzed in the context of the justification of the height needed to provide service primarily and essentially within the City, to the extent practicable, unless good cause is shown.
[2]
No tower constructed after the effective date of this section, including allowing for all attachments, shall exceed that height which shall permit operation without required artificial lighting of any kind in accordance with municipal, City, state, and/or any federal statute, law, local law, City ordinance, code, rule or regulation.
(b)
Fall zones. Telecommunications towers and facilities shall be constructed so as to minimize the potential safety hazards and located in such a manner that if the facility should collapse or fail, all portions of said tower or facility will remain within the property boundaries and will avoid habitable structures, public streets, utility lines and other telecommunications facilities.
(c)
Signal interference. Facility signals shall not interfere with the ongoing transmission operations of police and other emergency agencies. Any signal interference with said law enforcement agency or other duly recognized emergency agency shall be cause for the revocation of the approval until such time as the issue of signal interference is satisfactorily resolved.
(d)
Setbacks.
[1]
Telecommunications facilities shall comply with all existing setbacks within the affected zoning district and Subsection F(2) below. Setbacks shall apply to all tower parts, including guy wire anchors, and any accessory facilities.
[2]
In addition, the setback for the telecommunications tower shall be the height of the tower plus the setback requirements for principal uses within the affected zoning district. Additional setbacks may be required by the Planning Board to contain on-site ice-fall or debris from tower failure and preserve the privacy of adjoining residential and public properties.
(2)
Roof-mounted antennas. An antenna may be mounted on rooftops of existing structures consistent with the following standards:
(a)
The antenna does not exceed a height of eight feet above the roof parapet of the building upon which the antenna is located.
(b)
The antenna complies with all applicable FCC and FAA regulations.
(c)
The antenna complies with applicable building codes.
(d)
The design shall minimize visual impacts through use of radio transparent screening panels designed to match the building facade to make the antennas the least visually intrusive to adjacent properties.
(e)
Design of ancillary equipment shall incorporate noise attenuation for noise produced by emergency generators installed to provide power to the facility in emergency situations.
(f)
Cable design. Rooftop installation shall be designed to minimize tripping hazards on walking/working surfaces.
(3)
Lighting. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting of as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.
(4)
Visibility and aesthetics.
(a)
Towers shall be a galvanized finish or painted gray above the surrounding treeline and painted gray, green, black or similar colors designed to blend with the natural surroundings below the surrounding treeline unless other standards are required by the FAA. Towers should be designed and sited so as to avoid, whenever possible, the need for FAA lighting and painting requirements. Accessory facilities shall maximize use of building materials, colors, and textures that are designed to blend with the natural surroundings.
(b)
Structures offering slender silhouettes (i.e., monopoles or guyed towers) may be preferable to freestanding lattice structures except where such freestanding structures offer capacity for future shared use. The Planning Board may consider the type of structure being proposed and how it relates to the surrounding area.
(c)
The applicant must examine the feasibility of designing a proposed telecommunications tower to accommodate future demand for additional facilities.
(5)
Vegetation and screening.
(a)
Existing on-site vegetation shall be preserved to the maximum extent possible, and no cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) shall take place prior to approval of the special permit application.
(b)
The Planning Board may require appropriate vegetative buffering around the fences of the tower base area, accessory facilities and the anchor points of guyed towers to buffer their view from neighboring residences, recreation areas, waterways, historic or scenic areas, or public roads.
(6)
Signage. The use of any portion of a telecommunications facility for signs for promotional or advertising purposes, including but not limited to company name, phone numbers, banners, streamers and balloons, is prohibited. The Planning Board may require the installation of signage with safety information.
(7)
Security.
(a)
Towers, anchor points around guyed towers, and accessory facilities shall each be surrounded by fencing not less than six feet in height.
(b)
There shall be no permanent climbing pegs within 15 feet of the ground.
(c)
Motion-activated or staff-activated security lighting around the base of a tower or accessory facility may be provided if such lighting does not project off the site.
(d)
A locked gate at the junction of the accessway and a public thoroughfare may be required to obstruct entry by unauthorized vehicles. Such a gate must not protrude into the public thoroughfare.
G.
Abandonment and removal. When submitting an application for a telecommunications facility, the applicant shall also submit an agreement to remove all antennas, driveways, structures, buildings, equipment sheds, lighting, utilities, fencing, gates, accessory equipment or structures, as well as any tower used as a telecommunications facility if such facility becomes technologically obsolete or ceases to perform its originally intended function for more than 12 consecutive months. Upon removal, the land shall be restored to its previous condition, including but not limited to the seeding of exposed soils. The Planning Board is hereby authorized to require the applicant, as a condition of approval, to submit a reclamation plan indicating the procedures to be undertaken to restore the site subsequent to removal of the facilities. The Board is also authorized to require the applicant to post an escrow deposit with the City in an amount sufficient to ensure compliance with this section.