Weedsport Village City Zoning Code
ARTICLE VII
Special Use Permits
§ 215-28 Purpose and intent.
The purpose of this article is to set forth supplemental regulations, procedures, and conditions which shall apply to specially permitted land use activities in the Village of Weedsport. Special uses are those uses that will have a special impact or unique form which requires a case-by-case review to determine the uses compatibility with the surrounding properties and to mitigate adverse impacts to the harmony of the neighborhood and the environment. In reaching a determination on a special use permit application, the Planning Board shall take into consideration such concerns as the specific location, design, configuration, and impact to others, together with the criteria set forth below.
§ 215-29 Applicability.
No zoning permit shall be issued by the Code Enforcement Officer for any land use or activity listed in Article IV as requiring a special use permit (SP) until the Planning Board has approved the special use permit application. The Planning Board shall approve applications for special use permits only when satisfied that all applicable requirements, as set forth in this section, have been complied with, in addition to all other requirements of this chapter. All fees as established by the Village Board of Trustees in a fee schedule shall be paid.
§ 215-30 Procedure for obtaining a special use permit.
The Planning Board shall hear and decide upon any application for a special use permit as listed in Article IV. Applicants shall have the burden of proof in establishing their right to a special use permit.
As part of a special use permit application, site plan review in accordance with the requirements listed in Article VIII is required. The following additional materials must also be provided by the applicant:
A special use permit application with all information required therein.
A narrative statement with any supporting evidence regarding the merits of the proposed use at the proposed location and how the proposal complies with the general and specific requirements of this chapter.
All completed forms and supplemental information as required by Article 8 of the New York State Environmental Conservation Law, known as the "State Environmental Quality Review Act," and regulations at NYCRR Part 617 adopted thereunder (collectively, "SEQRA").
Public hearing and Planning Board action on special use permits:
Within 62 calendar days of the receipt of a complete application for special use permit, the Planning Board shall conduct a public hearing.
The Planning Board shall publish a notice in the Village's official newspaper, post the notice on the Village's website, and post in any other location/media that the Village deems appropriate and necessary at least 10 business days prior to the date fixed for public hearing.
The Planning Board shall send by certified mail a copy of the public notice to all owners of parcels that are immediately adjacent to and extending 500 feet therefrom, or of that directly opposite thereto, extending 500 feet from the street frontage of the parcel(s) of land included in the application for the special use permit at least 10 business days prior to the date of such public hearing.
The Planning Board shall make a decision on the application within 62 calendar days after such hearing and file said decision within five business days after the day such decision was rendered with the Village Clerk, and mail such decision to the applicant with a copy to the Code Enforcement Officer. The time within which a decision must be rendered may be extended by mutual consent of the applicant and the Planning Board.
Referral to the County Planning Board must be made at least 10 business days before the required public hearing by the Planning Board under provisions of § 239-l, m and n of the New York State General Municipal Law.
§ 215-31 General requirements and standards.
The Planning Board shall grant a special use permit only if the proposed use will meet all of the following general requirements as well as any specific requirements and standards listed for the proposed use. A proposed use:
Must be in the best interest of the Village, the convenience of the community, the public welfare, and be a substantial improvement to property in the immediate vicinity;
Will not have an undue adverse effect upon adjacent property, the character of the neighborhood and surrounding areas, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety, welfare, or convenience of the public;
Will not create operations or uses that will be considered objectionable to nearby properties by reason of noise, fumes, vibrations, illumination or other outward effects on others in the zone;
Will be serviced adequately (as determined by the Planning Board) by essential public facilities and services, including, but not limited to, highways, streets, parking spaces, public transportation, police, ambulance and fire protection, drainage structures, solid waste management and refuse disposal, water and sewers, groundwater protection, schools, energy conservation, and any other services the Planning Board deems appropriate;
Will not have an adverse effect on the environment; and
Will be in conformance with all applicable requirements of this chapter.
In granting a special use permit, the Planning Board may impose conditions regarding layout, circulation, and performance it deems necessary to ensure that any proposed development will secure substantially the objectives of these regulations. These conditions may include but are not limited to the following:
Increasing the required lot size or yard dimensions.
Limiting the height, size, or location of buildings.
Controlling the location and number of vehicle access points.
Increasing the number of required off-street parking spaces.
Limiting the number, size, location, and lighting of signs.
Requiring fencing, screening, landscaping, or other facilities to protect adjacent or nearby property.
Designating areas for open space.
§ 215-32 Expiration and revocation of special use permits.
Expiration of permits:
An applicant granted a special use permit shall be given six months in which to begin to put into effect the use permitted by the granted special use permit. The Planning Board may increase this period from six months to one year at its discretion upon request from the permit holder.
A special use permit shall expire if the special permit use or uses cease for more than 12 consecutive months.
Revocation of special use permit. The Planning Board may revoke a special use permit upon reasonable cause should the permittee violate the conditions of the special use permit and fails to terminate such violation within 30 calendar days of receiving a notice of violation; engages in any activity not authorized by the special use permit; or fails to comply with any other provision of this chapter. Before a permit may be revoked, a public hearing shall be held by the Planning Board. Notice of the hearing shall be made in the official newspaper at least 10 business days prior to the date thereof. The permit holder shall be notified of the hearing by certified mail at least 10 business days prior to the hearing. At the hearing, the Planning Board shall hear the permit holder and all other persons wishing to be heard on the revocation of the special use permit. If the Planning Board decides to revoke a special use permit, the reasons for such revocation shall be stated in the public hearing minutes. The permit holder shall be immediately notified of the revocation by certified mail.
§ 215-33 Requirements for defined special uses.
Additional general requirements. All applicants seeking a special use permit for the proposed uses listed in Subsection A(1)(a) to (g) herein shall meet the following list of criteria as well as additional criteria specific to each individual use listed in § 215-33, Subsection B herein.
No structures or area for the storage of materials or equipment shall be located closer than 100 feet from a perennial or intermittent stream, regulated wetland, or floodplain.
Lots shall be maintained at all times and kept free from paper, cans and other rubbish.
Landscaping and buffering.
Suitable landscaping in accordance with the requirements of § 215-70 shall be installed and maintained and shall be subject to approval by the Planning Board.
There shall be a buffer strip along the side and rear property lines. The Planning Board may also require a buffer strip along the front property line depending on the use and the neighborhood context. Such buffer strips shall be at least 10 feet in depth and may consist of interlocking trees and foliage with or without a fence in a manner acceptable to the Planning Board. The maintenance of the buffer strip shall be the continuing obligation of the property owner.
Material storage. All materials shall be stored in enclosed structures. The setback requirements for storage areas shall be the same as required for the principal building.
The applicant shall submit plans to the Planning Board including at least the following information:
The area, dimensions, and location of the use.
The number, location, and dimensions of all structures.
The location and methods of containment of all outdoor hazardous material storage.
Specifications of the water supply, sewage, and refuse disposal facilities, and proof of approval of said facilities from the Cayuga County Health Department.
Any additional information requested by the Planning Board.
In addition to the procedures, requirements, and standards listed elsewhere in this article, the following uses have specific criteria that must be met by the applicant for a special use permit:
Accessory dwelling unit:
Accessory dwelling units shall be subordinate in area to the principal dwelling unit. The accessory dwelling unit shall not exceed a maximum of 1,500 square feet.
A maximum of one accessory dwelling unit shall be allowed on any one lot.
No accessory dwelling unit shall contain more than two bedrooms.
Accessory dwelling units shall utilize common water and septic facilities with the primary dwelling unit, unless otherwise approved by the Cayuga County Health Department.
All accessory dwelling units shall comply in all other respects with the provisions of local, state, and federal laws, ordinances, rules, and regulations, specifically including the New York State Uniform Fire Prevention and Building Code.
Animal care facility, animal kennel or shelter:
In addition to the requirements set by New York State, establishments which harbor or board animals with access to the outdoors shall meet the following standards:
The minimum lot size shall be two acres.
In order to reduce noise, the design of the structure shall deny dogs a view of the road.
Within the Historic Commercial, Neighborhood Commercial, and Commercial Zoning Districts, all animals shall be kept indoors and there shall be no outdoor facilities for animal training, care, or recreation.
Automobile sales or automobile service station:
Automobile service stations shall not be used for the storage, sale, rental, or display of automobiles, trucks, trailers, mobile homes, boats, snowmobiles or other vehicles, unless as part of the special use permit application for an automobile service station such use is approved by the Planning Board.
The entire site area that is traveled by motor vehicles shall be hard surfaced (i.e., asphalt, concrete, or any other surface that does not release dust or debris).
All maintenance, service, and repairs of motor vehicles shall be performed fully within an enclosed structure. No motor vehicle parts, partially dismantled motor vehicles, or unlicensed motor vehicles shall be stored outside of an enclosed structure for more than 48 hours.
A spill prevention plan shall be provided by the applicant.
Dwelling, multifamily.
Development applications for all newly constructed multifamily dwelling units shall meet the following:
Density. No multifamily building shall contain more than eight dwelling units.
Neighborhood character:
Buildings shall not have large or long continuous wall or roof planes. Varied roof heights, projecting bays, gables, recesses, porches, and other architectural design elements shall be used to visually divide larger buildings.
To prevent an out-of-scale, monolithic appearance, buildings shall be visually divided into smaller sections no longer than 50 feet in length by gaps, recesses, or other architectural devices in such a way that adjacent buildings and facades define a continuous street wall and pedestrian-friendly streetscape.
Accessory structures, such as clubhouses, pools, pool buildings, storage buildings, and trash enclosures, shall be located in a manner that does not disturb or encroach upon the streetscape (pedestrian walkways, roadways, etc.) or adjacent residential neighborhoods.
In addition to the requirements in Subsection B(4)(a) above, all multifamily dwellings located in the Residential (R) Zoning District shall comply with the following requirements:
Driveways and parking lots:
No driveway or parking lot should be closer than 25 feet to the front of any building or 10 feet to the side or rear of any building.
In the case of an enclosed garage or carport provided as a portion to the main structure, distance requirements for driveways providing access to these accommodations shall not apply.
Parking areas may be located in any setback other than the front setback, but no closer than 20 feet from any property line and shall comply with all other regulations of the district in which the use is located.
Gasoline station. Gasoline stations shall meet the following standards:
The site plan shall indicate the location, number, capacity, and type of fuel storage tanks, the number of pumps to be installed, and the depth to the tanks. The site plan shall also include a proposed landscaping plan including evergreen trees planted along a forty-foot buffer between adjacent properties.
No fuel pump, parking area, or outdoor service facility shall be located within 20 feet of any designated street line or within 40 feet of any property line.
All fuel tanks shall comply with all New York State Department of Environmental Conservation regulations.
No gasoline station shall have an entrance or exit for vehicles within 200 feet, as measured along the public street, in which there exists a school, park, public playground, church, chapel, convent, hospital, or public library.
Accessory uses:
Gasoline stations may include retail sales of food, convenience items, and minor automotive supplies or liquids provided that the sales of such items are within an enclosed structure and are an accessory use. Sales areas outside of the primary structure may be displayed on the pump islands or the building island only.
Gasoline stations may also include car washes as an accessory use.
Motor vehicle body work, major structural repair or painting by any means are not to be considered permitted accessory uses.
Gasoline stations shall be under the control of an attendant at all times during the hours of operation.
Industrial, light or medium:
General restrictions. All industrial uses shall comply to the standards referenced in this section, shall conform to performance standards established herein and shall be constructed, maintained and operated so as not to be injurious or offensive to occupants of adjacent properties or to those passing by on a public way by reason of the emission of noise, vibration, smoke, dust or other particulate matter, toxic or noxious waste materials, odors, fire and explosive hazards or glare.
All production or processing of materials or substances shall be enclosed by a fence or other safe barriers for the public safety and visual screening.
All storage shall be effectively screened from the view of pedestrian passersby on any public way adjacent to the premises containing such storage.
Storage of waste products must be completely enclosed within a building or storage shed.
Outside display of finished or semifinished products must be effectively screened from the view of pedestrian passersby on any public way adjacent to the premises on which such products are displayed.
Noise. Sound levels shall be measured with a sound-level meter and associated octave-band filter, and they shall not exceed standards prescribed by the American Standards Association at any point along the sound-producer's lot line. Objectionable noises due to intermittence, beat frequency or shrillness shall be muffled so as not to become a nuisance to adjacent uses.
Vibration. No use or associated activity shall be operated so that ground vibration is perceptible without instruments at any point along the lot lines of such use.
Smoke. No smoke shall be emitted in violation of this chapter. Industries shall be required to monitor their own emissions when the Cayuga County Health Department finds it necessary for environmental health reasons to check an industry's smoke, particulate or heat pollution levels.
Dust, dirt, odor and fumes. No amount of dust, dirt, soot, cinders, odors or fumes shall be emitted in violation of this chapter. Every use shall be so operated as to prevent the emission into the air of dust or other solid matter, odors or fumes in amounts which exceed the maximum standards of the New York State Board of Health. No objectionable, noxious, toxic or corrosive fumes or gases shall be emitted. A noxious or objectionable odor concentrate shall be deemed to be present at the point at which it can be perceived by smell or otherwise affects the breathing process.
Fire and safety. All uses must conform to New York State Building Code standards and shall operate so as to minimize the danger of fire or explosion by conforming to the requirements of the National Fire Code.
Glare and heat. Glare or heat resulting from the day-to-day operation of the industry or from exterior signs, building materials or other objects situated on the lot shall not be detectable beyond the lot line of that land use.
Industrial sewage and waste. Every use shall be so operated as to prevent the discharge into any public sewer, stream, river, lake or the ground of waste or other matter in amounts which will exceed the maximum standards of the Cayuga County Health Department and the New York State Department of Environmental Conservation. No connection with any public sewer or appurtenance shall be made or maintained in such a manner that there may be conveyed or created any hot, suffocating, corrosive, flammable, poisonous or explosive liquid, gas, vapor or substance or material of any kind. No wastes conveyed to or allowed to flow in or through the sewer or appurtenance shall contain materials which contain or create deposits obstructing the flow in the sewer.
Enforcement. The Code Enforcement Officer (CEO) shall be responsible for alerting the appropriate agency or department of a need for performance measurement when the CEO is made aware of a possible infraction of the special performance standards. Enforcement of this section shall be under the jurisdiction of the CEO in compliance with this chapter.
Penalties for violation. Any person who violates any provision of this section shall be guilty of an offense. Each week's continued violation will constitute a separate offense. Each offense shall be punishable by a fine not exceeding $1,000.
Civil proceedings. In addition to other remedies, the Code Enforcement Officer may institute appropriate action or proceedings to prevent any unlawful conduct or emissions prohibited by this section or to compel compliance with the provisions of this section.
Mixed-use buildings:
Mixed-use buildings may allow for two or more uses permitted in the zone in which the site is located, as listed in the Use Table, § 215-14.
All applicable requirements of this chapter shall be met for each use proposed.
The following requirements shall also be met:
In order to maintain a pedestrian-oriented commercial street frontage, the first floor of any proposed mixed use building in the Historic Commercial District shall look and function as a commercial storefront. Additionally, the design requirements in Article VI shall apply in the Historic Commercial District.
Residential units/uses shall not occupy space on the ground floor of any building with the exception of residential uses located at the rear of the ground floor, so long as a commercial storefront has been established across the entire front facade of the building. The required commercial storefront shall also occupy at least 51% of the floor area of the ground floor.
Entrances for residential units/uses shall be from the rear of the building where possible.
Entrances for upper-story residential units may be from either the rear or the front of the building, but if from the front, then the entrance doors shall meet the same standards as commercial storefront doors to maintain a consistent design across the entire front facade of the building.
Public self-storage facility. Public self-storage facilities shall meet the following standards:
Dimensional requirements. The minimum lot area shall be one acre. All self-storage structures shall be set back a minimum of 100 feet from front lot line, and meet the side and rear setbacks in § 215-16. All other buildings or structures on site shall meet the setback requirements in § 215-16. The setback requirements for outdoor storage areas shall be the same as required for buildings.
All activities associated with the on-site retail sales of storage services, including the lease of fixed, individually secured and self-contained storage lockers or rooms, must occur within a permanent, approved and permitted enclosed structure on property owned, operated or otherwise legally controlled by the lessor of said retail storage services. Any incidental outdoor storage, such as parking for automobiles, trucks, buses, motorcycles, and highway and non-highway recreational vehicles, must be shown on the site plan, and it shall be screened with walls or fences as determined by the Planning Board.
Public self-service storage facilities shall be limited to long-term storage use only. No activities other than rental of storage units and pickup and deposit of long-term storage items shall be allowed. "Long-term storage" will be defined as the storage of goods or materials for a period of 60 days or greater.
All rental contracts shall include clauses prohibiting:
The storage of flammable liquids and highly combustible, radioactive or explosive materials, hazardous chemicals or substances considered illegal under state or federal statutes.
The use of property for uses other than long-term storage.
Short-term storage of items for the intent of warehousing activities and/or for retail sales.
The storage of perishable items or live animals.
The owner shall inspect each and every storage unit for cause or at a period no greater than once yearly. The owner shall maintain records of their inspections and make them available to the Code Enforcement Officer upon request.
The building spacing must allow for a fire apparatus access lane as required by the New York State Building Code and be designed according to AASHTO standards to accommodate all types of vehicles maneuvering through the entire site.
Vehicle access shall be designed so as to accommodate auto, van, light-duty trucks and other two-axle vehicles. Internal site circulation lanes shall be adequate in dimensional cross-section, width and turning radii, where applicable, to provide for the maneuverability of fire trucks. Adequate access shall be determined by the Planning Board in consultation with the Highway Superintendent and Fire Department.
Drives shall be surfaced with asphalt or oil and chip or some other hard-packed material capable of sustaining the weight of fire equipment. All interior travel lanes shall be posted to prohibit parking.
Landscaping. Plantings shall be provided in all yards facing public rights-of-way to visually screen the storage units from public view. Storage unit doors shall be screened from visibility from public streets to the maximum extent practicable. An earthen berm along the public right-of-way along with plantings is recommended to screen self-storage units from public view.
In instances where development prohibits views to the rear of the property, landscaping and buffer requirements shall be determined at the discretion of the Planning Board.
Security. The entire site shall be designed to minimize the potential for vandalism or criminal activity. Any fencing for security or aesthetic purposes shall be approved by the Planning Board as to material, height and color.
Site lighting. All lighting shall be in conformance with § 215-69. A photometric lighting plan shall be provided. No light spillage permitted off-site.
Hours of operation for self-storage facilities shall be limited to the hours of 6:00 a.m. to 11:00 p.m. daily.
Signs shall be installed in accordance with applicable provisions of this chapter; however, no signs shall be permitted on any portions of the security fencing.
Rental unit size shall be limited to a maximum of 400 square feet, and no single tenant shall be permitted to rent or lease more than 2,000 square feet.
Buildings shall be designed and oriented to reduce the visual impact on adjacent properties and existing roadways.
No building shall have an exterior wall height greater than 10 feet nor shall any single self-storage structure be longer than 150 feet in length.
Recreation, outdoor. Outdoor recreation uses shall meet the following conditions:
Illuminated signs and other lights shall be directed away or shielded from adjoining properties.
No public address system is permitted to be used before 9:00 a.m. and after 10:00 p.m.
Sanitation facilities shall be provided as required by any Village, county, state or other agency.
Interior roads shall be easily traversable and have a well-drained surface with provisions for dust control.
The Planning Board may require the applicant to conduct various studies, including but not limited to noise, traffic, drainage or other. Such cost to conduct and review said studies would be borne by the applicant.
The applicant shall be required to provide for mitigation devices, such as but not limited to berms, fencing, landscaping, screening, water systems for dust suppression, traffic control, etc., for the control of noise, dust, fumes or other impacts that might occur as a result of the recreational activity.
Outdoor recreation uses located in the Residential (R) Zoning District shall also meet the following requirements:
No building or structure used in conjunction with any outdoor recreation use (other than utility lines) shall be located within 100 feet of any property line.
Unenclosed uses shall not be located closer than 150 feet from any property line, except when greater distances are otherwise required due to the unique characteristic of the use, facility, proximity of homes, topography, etc. Such unenclosed use shall be appropriately screened to ensure minimum impact upon adjacent properties.
Shopping center. Shopping centers shall meet the following standards:
There shall be a minimum lot size of 10 acres for such use.
A shopping center shall have its frontage on a state or county road, and ingress and egress for the site shall be designed so as not to constrict the flow of traffic on the public road.
Parking, loading, and service areas shall be located entirely within the confines of the lot, shall be physically separated from public streets by buffer strips against unchanneled motor vehicular ingress.
All accessways to a public street, according to access management standards, shall be located not less than 200 feet for a 30 mile-per-hour area and 495 feet for a 55 mile-per-hour area, from the intersection of any street line.
All buildings shall be arranged in a group or in groups, and the distance at the closest point between any two buildings or groups of attached buildings shall be not less than 15 feet.
All parking, loading, access and service areas shall be adequately illuminated at night.
All utility lines servicing a shopping center shall be placed underground.