Wilna Town City Zoning Code
ARTICLE X
Motor Vehicle Racing Business Districts MVR-B Districts
[Added 12-10-2012 by L.L. No. 5-2012]
§ 250-62 General intent and objectives.
MVR-Business Districts may be established in the Town of Wilna and designated at specific locations on the Zoning Map. The purpose for such districts is to ensure that motor vehicle racing entertainment uses which, because of their very nature, have serious objectionable operational characteristics, are regulated to protect the health, welfare and well-being of the residents of the Town of Wilna. It is in the best interest of the Town to prevent proliferation of such uses and to ensure that there will be no adverse influence on surrounding neighborhoods.
§ 250-63 General requirements and review criteria.
Following is a list of the general requirements and standards that a proposal must meet to be considered for MVR-Business District status:
A.
The zone change shall be for a minimum of 100 acres.
B.
An MVR-Business District may be created in the AR District in the Town of Wilna and shall be a minimum of 1,000 feet from an R-1, R-2, B-1, B-2 or I District or from an existing residential property line or community facility property line.
C.
All parking or racing facilities shall be a minimum of 250 feet from all property lines.
D.
MVR-B District uses shall be limited in operation to the hours 12:00 noon until 8:00 p.m. Special exceptions may be granted by the Town Board for an already approved MVR-B use for a special event.
E.
The proposed district shall meet all applicable general and specific site plan review criteria as outlined in Article VIII.
§ 250-64 Procedures.
A.
Application for establishment of an MVR-B District shall be made to the Town Board by the owner(s), or a duly authorized agent, of property to be included in the district.
B.
The Town Board shall refer such application to the Planning Board for consideration within seven working days of receipt of such an application.
C.
The Planning Board shall use the preliminary site plan review procedure to review the application as outlined in Article VIII, § 250-51
D.
After the Planning Board's review process is complete, they shall transmit their recommendation for approval, approval with modifications or disapproval to the Town Board within 10 days.
E.
The Town Board shall review the Planning Board recommendations and within 45 days of receipt of the recommendations, following public notice, shall hold a public hearing on the rezoning. The Town Board shall approve, approve with modifications or deny the rezoning after the public hearing and shall notify the Planning Board of their final action.
F.
The applicant(s) shall submit a final detailed district plan to the Planning Board in conformance with Article VIII, § 250-52B. If a final detailed district plan for an approved MVR-B District, with any modifications incorporated by the Town Board, is not submitted to the Planning Board within six months of the Town Board's rezoning approval, the Planning Board may request that the Town Board require a resubmission of the preliminary district plan for review and that the rezoning and approval actions by both Boards be repealed.
G.
The Planning Board shall review the final district plan for its conformity with the approved MVR-B District. The permitted development must be confined to the specific designated area as the approved rezoning.
H.
Upon approval by the Town Board, the Town Clerk shall be notified to proceed with the filing of all amendments for the rezoning with the Department of State. The Zoning Map shall be amended to show the change and an article shall be added to this text stating the requirements approved for that specific district. Each MVR-B District shall be numbered consecutively as part of its name. The amendments to this chapter shall become effective immediately upon filing with the Department of State.
I.
In order to exceed any of the above time frames for adoption of an MVR-B District, there must be agreement by both the applicant and the Town Board.
J.
An MVR-B District that is in effect shall only be expanded if in compliance with original permits granted. Expansion requiring new permits shall undergo the review process again.
§ 250-65 Criteria to be considered during site plan approval of race course business.
A.
Applicant must demonstrate there is adequate parking for those anticipated to attend and use the race course, including parking for trailers for recreational or other vehicles being trailered to the site for use.
B.
Applicant must show that there are adequate sanitary facilities for the people who will use the facilities in accordance with all Department of Health Standards.
C.
Applicant must demonstrate that the use of the property for a race course will not generate noise levels more than six decibels above ambient noise levels at the property lines of the site. If necessary, the Planning Board may consider having berms or other noise attenuation measures to achieve these noise levels.
D.
Lighting, if any, on the site, must be directionally controlled. Lighting is to be directed down onto the project site and not off the site.