PART II, GENERAL LEGISLATION

Chapter 190, ZONING

 

ARTICLE XIII, Special Exception Uses [Added 12-11-1978 by L.L. No. 5-1978EN

§ 190-132. Authorization.

The Board of Appeals is hereby authorized to act on proposed special exception uses which are specifically provided for in this Article. Such action may include approval, conditional approval or disapproval based on the standards set forth in this Article. A decision of the Board of Appeals granting a special exception use shall be final. A decision of the Board of Appeals denying a special exception use or establishing conditions on such approval shall be final 30 days after the date on which such decision is mailed to the applicant, unless within that 30 days the applicant files with the Village Board a written notice of appeal alleging that the denial of the application or establishment of conditions represented an abuse or unreasonable exercise of discretion by the Board of Appeals. In event that such a notice of appeal is filed, following notice as provided in §§ 190-126 and 190-127, the Village Board shall hold a public hearing and shall determine whether denial of the application or establishment of conditions by the Board of Appeals would represent an abuse or unreasonable exercise of discretion by the Board of Appeals.

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§ 190-133. Application procedure; conditions.

  1. The Board of Appeals shall adopt and file in the Municipal Clerk's office such rules of procedure as it may deem necessary to the proper exercise of its responsibilities with respect to special exception uses.
  2. Prior to taking action on any special exception use, the Board of Appeals shall hold a public hearing after public notice as provided in §§ 190-126 and 190-127. No action shall be taken respecting such matter until all interested parties shall have been given an opportunity to be heard.
  3. All matters which are the subject of a mandatory referral or notice to other agencies, as set forth in the enabling statutes and in §§ 239-l and 239-m, Article 12-B of the General Municipal Law, shall be transmitted to the appropriate agencies by the Secretary of the Board of Appeals in accordance with the provisions of this section.
  4. The Secretary of the Board of Appeals shall keep minutes of the Board proceedings showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact. The Secretary shall also keep records of examinations and official actions, all of which shall be immediately filed in the office of the Board of Appeals and shall be a public record. Each decision of the Board of Appeals with respect to the approval of a special exception use shall be so stated and documented as to provide a definitive authorization to the Building Inspector for issuing a building permit or certificate of occupancy.
  5. A site plan for any proposed special exception use in any district where authorized, shall be submitted to the Planning Board for approval prior to authorization by the Board of Appeals for the issuance of a building permit.
  6. A special exception authorization by the Board of Appeals for the issuance of a building permit shall expire within 90 days of such authorization in the event that such permit shall not be applied for within such ninety-day period. Extension of such authorization may be granted by the Board of Appeals for additional ninety-day periods.
  7. A special exception use, for which a building permit is authorized by the Board of Appeals pursuant to the provisions of this Article, shall be construed to be a conforming use.
  8. Any violation of the limitations or special conditions and safeguards established by the Board of Appeals with respect to a specific authorization for a special exception use shall be deemed a violation of this law, punishable under the provisions of §§ 190-150 through 190-152.

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§ 190-134. Standards for authorization of use.

For every such special exception use, the Board of Appeals shall determine that:

  1. Such use will be in harmony with and promote the general purposes and intent of this chapter as stated in § 190-2.
  2. The plot area is sufficient, appropriate and adequate for the use and reasonably anticipated operation and expansion thereof.
  3. The proposed use will not prevent the orderly and reasonable use of adjacent properties in adjacent use districts.
  4. The site is particularly suitable for the location of such use in the community.
  5. The characteristics of the proposed use are not such that its proposed location would be unsuitably near to a church, school, theater, recreational area or other place of public assembly.
  6. The proposed use, particularly in the case of controlled industry, conforms to the chapter definition of the special exception use where such definition exists or with the generally accepted definition of such use where it does not exist in the chapter.
  7. Access facilities are adequate for the estimated traffic from public streets and sidewalks so as to assure the public safety and to avoid traffic congestion; and further that vehicular entrances and exists shall be clearly visible from the street and not within 75 feet of the intersection, except under unusual circumstances.
  8. All proposed curb cuts have been approved by the street or highway agency which has jurisdiction.
  9. There are off-street parking and truck loading spaces at least in number required by the provisions of § 190-80, but in any case adequate number for the anticipated number of occupants, both employees and patrons or visitors; and further that the layout of the spaces and driveways is convenient and conducive to safe operation.
  10. Adequate buffer yards and screening are provided where necessary to provide adjacent properties and land uses.
  11. Adequate provisions will be made for the collection and disposal of stormwater runoff from the site and of sanitary sewage, refuse or other waste, whether liquid, solid, gaseous or of other character.
  12. The site development plan shall be compatible with the distribution of soil characteristics on the site and their implications for such development.
  13. Consideration has been given to preserving signification trees and natural features in the vicinity.
  14. The proposed use recognizes and provides for the further specific conditions and safeguards required for particular uses in § 190-135, if any.

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§ 190-135. Special conditions and safeguards.

No authorization for a building permit shall be granted by the Board of Appeals for any use listed in this section, unless the Board shall specifically find that, in addition to meeting all the general standards set forth in § 190-134, the proposed special exception use also meets the special conditions and safeguards required in this section.

  1. Animal hospitals and animal boarding.
    1. Adjacent properties shall be adequately protected from noise, odors and unsightly appearance.
    2. All buildings, structures and accessory uses areas, except off-street parking, shall be at least 50 feet from any property line.
  2. Auditoriums and meeting halls.
    1. No building or structure shall be build within 50 feet of any property line.
    2. Lot coverage shall not exceed 20%.
    3. The site boundaries shall be at least 200 feet distance along any bounding street form any residence district boundary line.
  3. Automobile laundries.
    1. The lot area shall be not less than 20,000 square feet and shall have a minimum of 150 feet along a major street or highway.
    2. No church, school, library, playground or similar place of public assembly shall be within 500 feet of the site.
    3. Storage areas for vehicles waiting for service shall be provided on site and shall not occur on a public street or highway. Not more than five motor vehicles shall be stored outdoors overnight.
    4. An automobile laundry shall not provide other than washing, waxing, simonizing or similar treatment services.
    5. Outdoor storage and display of accessories, portable signs and outdoor repair work 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.
  4. Bus passenger shelters.
    1. The shelter shall be so located that there is ample room to permit the bus to leave the traveled roadway conveniently for picking up or discharging passengers.
    2. The only advertising display on such structure shall be one sign not exceeding two square feet in area.
  5. Filling stations.
    1. The lot area shall shall be not less than 20,000 square feet and shall have a minimum frontage along a major street or highway of at least 150 feet.
    2. No church, school, library, playground or similar place of public assembly shall be within 500 feet of the site.
    3. All pumps and lubricating and other devices shall be located at least 25 feet from any building, structure or street line.
    4. Entrance or exit driveways shall be located at least five feet from any side or rear property line. Such driveways shall be so laid out as to avoid the necessity of any vehicle backing across any right-of-way.
    5. Any area devoted to the temporary storage of motor vehicles or parts thereof or to purposes of dismantling shall be screened from view of persons on adjacent streets and properties by enclosing such area within a solid fence eight feet high, or such area shall be located inside a building. Not more than five vehicles shall be stored outdoors overnight.
    6. Outdoor storage of other than 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.
  6. Membership clubs, nonprofit.
    1. All buildings and structures shall be at least 50 feet from any property line.
    2. Lot coverage shall not exceed 20%.
  7. Motels and hotels. There shall be at least 2,500 square feet of lot area for each first floor guest room and an additional 1,000 square feet of lot area for each guest room on other floors.
  8. Nursery schools; licensed day-care centers. The following are required in residential and nonresidential districts, except as otherwise indicated: [Amended 8-17-1992 by L.L. No. 6-1992]
    1. The lot area shall be not less than one acre.
    2. In a nonresidential district, all buildings, structures and areas of organized activity, such as play areas, swimming pools, etc., shall be not less than 20 feet from the rear lot line and 10 feet from the front and side lot lines. In a residential district, all buildings, structures and areas of organized activity, such as play areas, swimming pools, etc., shall be not less than 75 feet from any property line.
    3. Off-street parking shall conform to Article IX of this chapter.
    4. Except as otherwise provided herein, only one permanent family-type dwelling unit shall be located on the premises, and said dwelling unit shall comply with the provisions of this chapter for the residence district in which the lot is located or, when it is located in a nonresidence district, it shall comply with the provisions of the GC District, and the building footprint shall not exceed 20% of the lot size.
    5. Outdoor floodlighting or public address systems are prohibited.
    6. In residential districts, one sign not larger than eight square feet in area shall be permitted; and in nonresidential districts, one sign not larger than 12 square feet in area shall be permitted.
    7. Landscaping and fencing shall be provided as required by the Planning Board.
    8. A license or permit to operate shall be obtained from the State of New York and/or County of Monroe.
    9. Hours of operation shall be between 6:00 a.m. and 8:00 p.m., Monday through Saturday.
  9. Nursing homes; rest homes.
    1. The lot area shall be not less than one acre and shall have a minimum frontage of 150 feet along the principal bounding street.
    2. All buildings and structures shall be not less than 50 feet from any property line.
    3. Lot coverage shall not exceed 20%.
  10. Parking garages and storage garages.
    1. There shall be adequate provision for access to the site and off-street standing areas for vehicles waiting to park.
    2. Vehicular entrances and exits shall be controlled by curbing.
    3. Facilities for servicing, repairs and outdoor storage of motor vehicles shall be prohibited.
  11. Philanthropic, fraternal or social organization offices or meeting rooms.
    1. All buildings and structures shall be not less than 50 feet from any property line.
    2. Lot coverage shall not exceed 20%.
  12. Planned industrial parks.
    1. The site area shall be not less than 50 acres.
    2. Individual sites resulting from subdivisions or from leasing arrangements may average 80,000 square feet each, provided that no site of less than 80,000 square feet may be located within 400 feet of the park's boundary and, further, that no site shall be less than 20,000 square feet.
    3. If the proposed park is not subject to the subdivision regulations as a result of common ownership, it shall be approved in a similar manner by the Board of Appeals and meet the same standards for design and public improvements.
  13. Truck transfer stations.
    1. The lot area shall be not less than 20,000 square feet and have a minimum frontage along a state or county highway of at least 150 feet.
    2. No church, school, library, playground or similar place of public assembly shall be within 500 feet of the site.
    3. All entrance and exit driveways shall be approved by the County Highway Engineer or the District Engineer of the State Department of Public Works, depending on whose jurisdiction the highway is located in.
    4. All fuel pumps, lubricating and other devices shall be located at least 25 feet from any building, structure or street line.
    5. No repair work shall be performed outdoors.
    6. All fuel, oil, gasoline or similar substances shall be stored underground and at least 10 feet from any and all lot lines and installed and maintained in accordance with the standards of the National Board of Fire Underwriters.
    7. All dismantled automobiles trucks, tractors, trailers and similar equipment and parts and accessories thereof shall be stored within a building.
    8. All parking areas for operating vehicles shall be paved, curbed and drained in accordance with Village specifications. Such areas shall be at least 50 feet from any residence district boundary and at least 10 feet from any property line. No vehicle shall park or stand outside such paved parking area.
    9. Screening shall include planting of bushes or trees in addition to a fence so that truck motor noise and the sound of overnight operation of refrigeration units will tend to be muffled.
  14. Repair garages. [Added 8-17-1992 by L.L. No. 8-1992]
    1. There shall be adequate off-street parking spaces, one for each employee and one for each vehicle waiting for service, repair or work at the repair garage. There shall be no more than 10 cars parked on the premises outside any buildings waiting for work to be done. In any event, there shall not be the storage of any vehicles outside the buildings for other than service, repair or work to be done at the garage.
    2. All buildings shall be no less than 50 feet from any property line.
    3. Operating hours shall be between 7:00 a.m. and 6:00 p.m., Monday through Saturday inclusive.
    4. No work shall be done outside the buildings on the premises.
    5. The premises shall be screened from adjoining property by landscaping approved by the Planning Board.
    6. Lot coverage of the building shall not exceed 75%, and the lot size shall be not less than 1/2 acre.

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