ARTICLE VI
SUPPLEMENTAL REGULATIONS
SECTION 601 ANIMALS, POULTRY, AND BIRDS
A. Purpose - This section has as its main purpose the protection of residential neighborhoods from certain nuisances such as noise and odor associated with the keeping of animals.
B. Conditions - Animals and birds shall be regulated under the following conditions:
1. Nuisances - Animals and birds that create a nuisance due to odor, noise, property damage etc., shall be prohibited.
2. Containment - Animals shall be confined so as not to be able to come within 50 feet of adjacent residential structures nor within 10 feet of any boundary line.
3. Horses & Cows - Horses and/or cows shall be allowed for non -commercial use where over two (2) contiguous acres of pasture are present. The maximum number of horses or cows allowed shall be based on the acres of pasture available with (1) acre being required per horse or cow.
4. Poultry or Birds - No yards, coops, lofts, etc., for poultry or birds shall be erected or maintained in the front yard.
SECTION 602 BOARDING HOUSE/ BED AND BREAKFAST
A. Purpose - The conversion of existing dwellings to bed and breakfast uses shall be regulated in accordance with this section for districts where conversions are specifically listed as being allowed uses. The purpose of this section is to provide guidelines, which will insure that any conversions will not permit a significant adverse change in a residential neighborhood.
B. Conditions - The following conditions shall be considered by the Permitting Board:
1. Parking - Convenient off-street parking shall be available at a rate of 1 space per proposed bed and breakfast bedroom. These spaces shall be located beyond the minimum front yard setback line. Natural or artificial buffers may be required as necessary by the Permitting Board.
2. Existing Structures - Only dwelling units existing at the time of enactment of this section shall be eligible for conversion to a bed and breakfast. Garages or accessory buildings shall not be utilized.
3. Signs - In addition to all requirements of the supplemental sign section, signs shall be constructed of natural materials and shall not be illuminated. Other reasonable conditions may be imposed in order for the sign to blend into the neighborhood.
4. Location - A bed and breakfast shall only be established on a state or county road in Residential Districts where listed as a permitted use. They may be located anywhere in Business Districts where allowed.
5. Nuisances - Outside activities shall not be permitted by guests when it creates a nuisance or in any way, alters the character of the neighborhood.
6. Other Conditions - Any other reasonable condition as deemed necessary by the Permitting Board shall be permissible.
SECTION 603 CLUSTER RESIDENTIAL DEVELOPMENT
A. Purpose - Cluster residential provisions for single-family subdivisions and attached multiple-family projects, are intended to allow flexibility where desirable to permit and encourage superior development of relatively large undeveloped sites; development aims may include the preservation of views or natural features, provision of amenities for common use, including recreational facilities not feasible on individual lots, and innovative groups of dwellings which will provide desirable variety in the municipal housing stock. To carry out this purpose, standards for individual lot area and dimensions may be reduced from the standards of the district in which the cluster is located, if compensating permanent common area ancillary to the dwelling units is provided.
B. Standards for Development of Single-Family Clustered Subdivision -
1. A cluster single-family residential development shall not be less than 15 acres of contiguous undeveloped area under single ownership.
2. Uses permitted shall be limited to the residential uses permitted in the district in which the cluster development is located.
3. An approved municipal or community sewage system and water system must be utilized, if in place.
4. Maximum permitted reductions in individual lot standards - Any lot in a cluster development may be reduced from the standards of the district in which it is located by the following or lesser amounts:
a. Minimum lot area may be reduced by up to 25% of the required area.
b. Minimum lot width may be reduced by up to 25%.
c. Minimum yard requirements (front, side, and rear) may be reduced up to 25% where the yards are not adjacent to an existing public roadway.
5. Compensating permanent common areas ancillary to the dwelling units shall consist of all land and recreational areas held in common by the owners of the dwelling units in the development. This shall include but not be limited to private streets, parking areas, utility systems, parks, buffer areas, recreational areas to include tennis courts, pools, golf courses, storage areas, and wetlands. Permanent common areas shall be legally set aside and developed for the common use and enjoyment of all residents of the cluster development and appropriate convenient access shall be provided.
6. Compensating permanent common areas shall equal or exceed 100% of the total of individual lot area reductions, thus there shall be no overall increase in density.
7. Applicable general provisions and supplemental regulations of this Law shall apply to all cluster residential development.
8. Clustering regulations - May be mandated by the Permitting Board if it decides that clustering will be beneficial to the municipality and developer.
C. Standards for Development of Clustered Multiple Attached Dwellings (Apartments, Condominiums, Townhouses) -
1. A cluster multiple-family residential development shall not be less than 5 acres of contiguous undeveloped area under single ownership.
2. Multiple dwellings (attached) shall be listed as an allowable use in the district in which the project is proposed.
3. An approved municipal or community sewage and water system must be utilized, if in place.
4. The per acre density may be increased up to 10% over that specified in the area requirements for the district as long as the overall density of the project is maintained at or below the maximum allowed. This is accomplished by setting aside common areas as defined below.
5. Compensating permanent common areas ancillary to the dwelling units shall consist of all land and recreational areas held in common by the owners of the dwelling units in the development. This shall include but not be limited to private streets, parking areas, utility systems, parks, buffer areas, recreational areas to include tennis courts, pools, golf courses, storage areas, and wetlands. Permanent common areas shall be legally set aside and developed for the common use and enjoyment of all residents of the cluster development and appropriate convenient access shall be provided.
6. Applicable "general provisions" and "supplemental" sections of this Law shall apply to all cluster residential development.
D. Application and Procedures for Establishing a Cluster Residential Development-
1. Application for establishing a cluster residential development shall be made to the Zoning Enforcement Officer who shall refer the application to the appropriate Board.
2. The application shall include:
a. Names and addresses of owner and developer;
b. Written statements concerning need for development and suitability of site, potential impact on abutting properties and the neighborhood, development schedule for private and common areas, method of disposition of common areas including pertinent documents regarding owner's association or other organization and long-term maintenance, estimates of annual maintenance costs, other pertinent information;
c. Location map drawn to scale of not less than 1 inch equals 1,000 feet showing subject parcel, existing and proposed access streets and nature of abutting development;
d. Overall development plan drawn to scale of 1 inch equals 10 feet with contour interval of 2 feet, showing exact size and shape of the subject parcel, natural features to be preserved, proposed residential lots and their dimensions, internal and surrounding streets and all other provisions for pedestrian and vehicular access and circulation, off street parking and loading areas, utility rights-of-ways or installations on or near the property, location, dimensions and area of proposed open space or other commonly held facilities which are part of the compensating permanent common area, comparison of total area of residential lot reduction with total area of common area, nature and location of public or private utilities which would serve the residential cluster;
e. Preliminary landscaping and drainage plans at a scale of 1 inch equals 10 feet with 2 foot contour intervals and/or;
f. Preliminary architectural and engineering drawings to show the nature of residential and open space or recreational facilities proposed.
E. Action by Permitting Board and Planning Board -
1. The Permitting Board will review and rule on the application for a cluster residential development as expeditiously as practical and in no case later than 90 days after all information required for the application is received. The Planning Board may make a recommendation to the Permitting Board in accordance with the article on Planning Boards.
2. The Boards will consider -
a. Need for development and suitability of site;
b. Impact on the neighborhood, traffic flow through the community and municipality as a whole;
c. Feasibility and practicality of providing and maintaining common areas, including costs to prospective homeowners;
d. Need for complete disclosure to prospective buyers of future costs and responsibilities in connection with common areas;
e. Need to require performance bond if nature of development warrants; and
f. Other factors which affect the viability of the proposal and the general welfare of the municipality.
3. The Permitting Board may request preliminary meetings with the applicant to provide additional information or explain the proposal.
4. The Permitting Board may hold an informational meeting in addition to a required public hearing to receive local opinion and reaction and shall make information concerning the proposal available to the public before such meeting.
SECTION 604 DAY CARE CENTER
A. Purpose – The purpose of this section is to provide guidelines for Day Care Centers in order to insure the safety and welfare of those being cared for while at the same time providing protection to existing neighborhoods.
B. Conditions - The following conditions shall be considered by the permitting board - for all Day Care Centers requiring a Special Use Permit:
1. Lot size
2. Heating Source
3. Load and unload areas
4. Outside recreation
5. Signs
6. Fire safety
7. Adjacent uses
8. Buffers
9. Other conditions
C. Preexisting Conditions - Day Care Centers existing at the time of passage of this section shall only be subject to review by hearing under this section if the board responsible for administering this section becomes aware of obvious non-compliance with this Law.
SECTION 605 DRIVE-IN BUSINESS
A. Purpose - Traffic safety shall be the primary purpose in designing drive-in businesses.
B. Definition - Drive-in establishments shall include those businesses designed to either wholly or partially provide services to customers while in their automobiles parked on the premises.
C. Conditions - Drive-in establishments shall be allowed in districts where they are listed and the following conditions shall be considered prior to granting the permit:
1. Traffic Safety, including the following:
a. Provisions for traffic to "back up" off of public streets shall be provided.
b. Safe entry and exit shall be provided with separate designated entry and exit points.
c. Proper parking, which allows convenience and safety shall be provided.
d. Pedestrian safety shall be considered when constructing the facility and parking spaces.
2. Location considerations will be analyzed to insure that the character of the neighborhood will not be significantly diminished.
3. Hours of operation.
4. The need for buffers, especially when situated near residential structures.
SECTION 606 FENCES / WALLS
A. Purpose - For the purpose of protecting properties adjacent to fences and walls from indiscriminate placement, unsightliness, related health and safety problems, etc., the following rules and standards shall apply:
B. Definition - Fences shall, for the purpose of this Law, include hedges and walls and are further defined in the definitions section.
C. Regulations - Fences and walls shall be allowed by permit in any district and shall conform to the regulations which follow:
1. Exempt Fencing - Fencing used for agricultural purposes on farms (see definition) shall be exempt from all regulations except for maintenance requirements detailed below. Additionally, non boundary fencing, located more than 25 feet from any property line shall be exempt.
2. Permits - Fences not exceeding 6’4” in height (when installed) shall be allowed without permit. Fences above 6'4" in height shall require a Special Use Permit and consideration will be given to visibility from adjacent properties, light and air movement, etc.
3. Setback from Road - Fences shall not be located within a legal right of way.
4. Proximity to Neighboring Properties - All fences, walls and hedges shall be located no closer than 2 feet from adjacent property lines. This rule can be waived if agreed to in writing by adjacent property owners.
5. Fire Hazard - Any fence considered to be flammable shall be prohibited. Also, any fence in a potentially hazardous location shall be not allowed.
6. Finished Sides - The finished sides of all fences must face adjacent properties. This rule can be waived if agreed to in writing by adjacent property owners.
7. Materials - Only durable materials generally used and accepted by the industry shall be used for fences.
8. Maintenance - All fences shall be maintained structurally and visually.
9. Lakeshore Fence - See supplemental section on Lakeshore Regulations.
10. Corner setbacks - Fences, walls, and/or hedges shall not be located so as to cut off or reduce visibility at intersections. See Section on Visibility in Article V.
11. Inter-block setbacks – Fences, walls, and hedges over thirty inches (30”) in height shall not be located so as to cut off or reduce visibility along adjoining driveways. For fences over thirty inches (30”) in height a minimum of 20 feet from the road edge shall be required for all driveways within 20 feet of the joint property line for passing traffic and pedestrian safety.
D. Preexisting Fences - Fences in existence at the time of the enactment of this Law shall only be subject to regulation number 8 Maintenance, and number 11 Inter-block setbacks, unless continued by Special Use Permit as listed above.
SECTION 607 GAS COMPRESSORS
A. Purpose - Gas transmission compressors are capable of producing unacceptable environmental intrusion, especially where residential uses are prevalent. In order to avoid unreasonable use of property resulting in substantially reduced use-value of adjacent inhabited or not inhabited properties, this section shall regulate the location and installation of all gas compressors not under the jurisdiction of the NYS Public Service Commission.
B. Administration -
1. Permit Requirements - In districts where gas compressors are permitted, a Special Use Permit shall be required for the placement of a new gas compressor.
2. Preexisting Gas Compressors - All gas compressors existing or being constructed at the time of enactment of this Law shall be subject to the following conditions, as listed below; C2c, Maintenance; C2d, Barriers; and C3, Identification Signs. These conditions shall be considered at a public hearing held a minimum of 30 days after the owner of the compressor station is notified in writing. All owners of parcels as well as renters within 2,000 feet of the existing gas compressor shall be notified in writing of the public hearing. Compliance shall take place within 2 months of receipt of a written decision by the Permitting Board. A longer compliance period may be granted by the Permitting Board if the cost of the alterations are significantly high.
C. Conditions - All gas compressors shall be located and designed such that any nuisances associated with the use shall be minimized. It shall be unlawful for any person or firm to make, continue, or cause to be made or continued any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures, or endangers comfort, repose, health, peace or safety to others. The following specific conditions shall be met:
1. Location - The site shall be appropriately located with consideration given to predominant wind direction, topography, location of dwelling units, and any other reasonable conditions as deemed necessary by the Permitting Board.
2. Noise Levels -
a. Easement - All new gas compressors covered by this section, must be located such that lands subject to a 40 decibels or higher noise level produced by a new compressor shall be covered by a noise easement clearly delineating the maximum noise level allowed at any inhabited dwelling unit or proposed site of a dwelling unit. Preexisting leases shall not negate the requirement for a noise easement as described above.
b. Certification of Noise Level - Prior to being granted a permit for the placement of a gas compressor, the owner of the proposed compressor shall be responsible for verifying the compressor and quieting devices (silencer, low speed fan, barriers such as walls or berms, etc.) as proposed will meet the specified decibel level requirements. A certified noise consultant must certify in writing that the requirements will be met. Additionally, after placement of the compressor is completed along with the specified quieting devices the same certified noise consultant must verify that the 40 decibels requirements are not exceeded. This certification must be accomplished within 30 days or the compressor shall be only operational during daylight hours until it is brought into compliance.
c. Maintenance - The compressor and quieting devices must be properly operated and maintained such that the noise level will not rise above the specified permissible levels. If it becomes apparent to the Permitting Board that the noise levels are not in compliance, the Board may require the owner of the compressor to do corrective maintenance and again, at the owner's expense, have the compressor noise level verified by a certified noise consultant. This certification must be accomplished within 30 days or the compressor shall be only operational during daylight hours until it is brought into compliance.
d. Barriers - Where it is deemed necessary, either a natural or man-made acoustical barrier may be required for the purpose of minimizing the nuisances associated with a gas compressor. In extreme cases, where no alternative is available, a fully enclosed
acoustically designed structure may be required. Generally, this section is intended to preserve and protect the general welfare, health, and safety of the public while still promoting the transmission of natural gas in a reasonable environmentally acceptable manner.
3. Identification Sign - Each gas compressor shall be identified with a conspicuously placed sign identifying the compressor, its location and the name of the person/company responsible for the unit in case of emergency. Additionally, a 24-hour emergency telephone number should be included.
4. Other - Any other reasonable conditions as deemed necessary by the Permitting Board may be imposed.
D. State Environmental Quality Review Law - All Permit requests for gas compressors shall be subject to an environmental review, in accordance with state law. No zoning permit shall be granted, until this environmental review has been accomplished by the municipality and necessary environmental permits obtained under NYS Environmental Conservation Law.
SECTION 608 GENERAL DEVELOPMENT CONDITIONS
A. Purposes – Development conditions shall be attached to permits or variances when necessary or advisable to reduce or eliminate conflicts between uses or to protect the health, safety, and general welfare.
B. Areas of Concern – The following checklist shall be considered by the appropriate Boards and administrators in their reviews of requests for building permits, Special Use Permits and Variances. The check list is not inclusive and does not limit the areas of concern over which conditions may be imposed.
1. Traffic – safety of ingress/egress from roadway, intersection visibility, level of anticipated new traffic generation in relation to existing road capacity and traffic, adequacy of off street parking and loading, pedestrian safety, and/or location of structures in relation to all of the above.
2. Safety – trash disposal, steep slopes, open pits, toxic and/or flammable fluids.
3. Health – sewers/water, sunlight, air movement, junk vehicles and/or trash storage.
4. Character of Neighborhood – development density, traffic volume, lot size, compatible uses, and/or buffers.
5. Public costs – road damage, need for new roads, and/or need for new utilities.
6. Environmental Protection – flood plain, wetlands, Protected waters and/or natural features.
7. Nuisances - noises, odor, dust, lights, hours of operation, lot size, buffer, and nuisance location.
8. Land Use Preservation – agriculture, and/or open space.
9. Aesthetics – restoration, appearance, scenic views, and/or buffers.
10. Lighting - impact on neighboring properties, and traffic safety.
11. NYS Certified Agriculture Districts.
C. Failure to comply – Applicants that receive Variances or Special Use Permits with conditions attached shall be responsible for the continual compliance with the specified conditions. Non compliance with any condition shall result in the revocation of the Variance/ Special Use Permit and the continuance of the use shall only be allowed after reapplication for the Variance/ Special Use Permit.
SECTION 609 GRAVEL OPERATIONS
A. Purpose - Gravel pits, not regulated by the NYSDEC, shall be regulated by this section, the purpose being to limit the nuisances associated with gravel pits and insure that adjacent residential neighborhoods are protected. See the definition of gravel pit, small.
B. Conditions - In districts where small gravel pits are allowed, the following conditions shall be considered:
1. Equipment Location - The placement of power activated sorting machinery, blasting, stockpiling, etc., shall only be as close to residential structures, on adjacent parcels, as is necessary. In determining the minimum distance, the following will be considered:
a. Type of machinery and potential nuisances associated with it.
b. Density of development in vicinity.
c. Prevailing winds.
d. Size of operation or number of trips per day.
e. Attitude of the adjacent property owners.
2. Fencing - Fences may be required for public safety as determined by the Permitting Board. Consideration will be given to the topography, type of operation, and equipment being used, size of the lot, population density, and any other reasonable characteristic.
3. Restoration - All gravel pits shall be restored to a safe and an aesthetically pleasing state within 2 months after termination of the operation. Termination shall be considered to have taken place when no gravel and sand has been extracted for a 1-year period and there is no intention of reactivation of the site. A Special Use Permit shall be required to keep a site in an active status after no reasonable amount of activity has taken place for 5 years.
C. Preexisting Operations - Gravel pits in existence before the enactment of this Law shall be subject to B2, Fencing and B3, Restoration above. In addition, any expansion or enlargement (purchase of additional property or use of property beyond scope of permit) of such gravel and sand operations shall be subject to all regulations in this Law within reason as determined by the Permitting Board.
SECTION 610 HOME OCCUPATIONS
A. In districts where allowed Home Occupations shall meet the following conditions:
1. Not more than one-third of the floor area in the principal building is so used.
2. No non-residents are employed.
3. Only customary household appliances and equipment are used.
4. There is no outside display of commodities.
5. No advertising except as allowed by Supplemental Sign Section. See Article VI, Section 630.
6. No offensive noise, vibration, smoke, dust, odors, heat, or glare shall be produced.
7. Examples of acceptable uses include art studio, dressmaking, musical instruction to a single pupil.
8. Sufficient off-street parking in accordance with Supplemental Section. See Article VI, Section 623.
SECTION 611 HOUSEHOLD SALES
A. Purpose - In order to preserve the character of neighborhoods, garage and other similar type of noncommercial sales (lawn sales, household sales, flea markets, etc.) shall be subject to the following conditions.
B. Conditions -
1. Frequency - Sales shall be limited to 3 periods of 3 days each per year per property owner.
2. Signs - Refer to supplemental sign section.
3. Fees - No fees shall be charged for household sales and permits are not required.
4. Exempt sales- All public or semi – public non-profit organizations shall be exempt from the requirements and limitations of this section.
SECTION 612 INDUSTRIAL PERFORMANCE STANDARDS
A. Purpose - It is the intent to maintain a quality environment that will lead to the development and maintenance of a well-planned industrial area, which will be attractive to sophisticated industrial establishments and will enhance the general welfare of the residents and assure both users and employees thereof of a safe and stable working area.
B. The Standards of Performance are:
1. Noise. It shall be unlawful for any person to permit the emission of measurable noise, as measured at the edge of the manufacturing district to exceed seventy decibels during the periods between 6:00 A.M. and 10:00 P.M. or sixty decibels during the periods between 10:00 P.M. and 6:00 A.M. The sound level may exceed these established sound levels for a period not to exceed six minutes, during any sixty minutes by not more than seven decibels. Noises shall be muffled so as not to become unreasonably offensive due to intermittence, beat frequency, high frequency or other means.
2. Odor - It shall be unlawful for any person to permit the emission of any odor that is unreasonably offensive.
3. Dust and Dirt - It shall be unlawful for any person to permit or cause the escape of such quantities of soot, cinders or fly ash as to exceed 0.3 grains per cubic foot of the flue gases when measured at the top of the stack. Other kinds of dust, dirt and other particulate matter shall not be in excess of 3.0 grains per cubic foot of air as measured at the top of the stack and corrected to standard conditions.
4. Parking and Driveways - Each land user subject to this Article VI must provide sufficient, suitable, on-site parking space to prevent any necessity for off-site parking. Drive and traffic access systems are allowed in all yard areas. However, when any yard sides on land that allows residential development, the drive or traffic access facilities must be placed as far from the boundary line as practical. No parking shall take place in any required yard area.
5. Vibration - It shall be unlawful for any person to permit or cause, as a result of normal operations, a vibration which creates a displacement of plus or minus 0.003 of one inch on a Vibration Monitor as measured outside the manufacturing district.
6. Noxious gases - It shall be unlawful for any person to permit the escape of such quantities of noxious acids, fumes or gases in such manner and concentration as to endanger the health, comfort or safety of any person or to cause injury or damage to property, business or vegetation, or which causes any excessive soiling at any point beyond the property line.
7. Glare - It shall be unlawful for any person to carry on a process such that a direct or sky-reflected glare, whether from floodlights or from high temperature process such as combustion or welding or other such process, is unreasonably offensive when visible.
8. Fire and safety hazards - All buildings, operations, storage, waste disposal, etc., shall be in accordance with applicable provisions of the latest edition of the New York State Uniform Fire Prevention and Building Codes. All activities and all storage of flammable and explosive material at any point shall be provided with adequate safety devices against the hazards of fire and explosion and adequate fire-fighting and fire-suppression equipment and devices.
9. Open Storage – It shall be unlawful for any person to permit the open storage of more than incidental quantities of any materials derived from the given industrial operation, without screening, such as a fence, hedge or other barrier, at least (7’) high, that obscures view of the storage area to persons passing in a normal manner from a public way or from any property line facing a public way. The following is a list of materials requiring screening:
a. New materials
b. Component parts
c. Work in progress
d. Finished products
e. Scrap or waste material
The location of said screening shall be subject to the front, side and rear yard restrictions provided, however, natural barrier screening, decorative planting, etc., shall not be subject to these restrictions. Preexisting open storage shall be exempt from this screening requirement.
10. Landscaping - A planted visual barrier may be required to be maintained in yard areas that abut land upon which residential structures exist or are permitted at the time of the special use permit application except when natural or physical man-made barriers exist. This planting barrier or visual screen shall have a width of no less than three feet. It shall be of such plant materials that within a reasonable period of time (five years) the vegetation barrier will provide a high degree of separation and privacy on a year round basis.
12. Lighting - The proposal for district and/or security lighting shall be submitted, along with the application for special use permit, and the Permitting Board may impose such conditions as found reasonably necessary to prevent spillover of light into roadways, public rights-of- way and neighboring properties.
SECTION 613 JUNK VEHICLES
A. Purpose - It is the intent of this section to minimize safety, health and aesthetically related problems by limiting, according to district and lot size, the storage outdoors of junk vehicles.
B. Number of Vehicles - The maximum number of junk vehicles that may be stored outdoors shall be as follows:
Districts
R
B I C |
Maximum Number
0
0 1 0 |
C. Location of Vehicles - Junk vehicles shall be stored out-of-sight as viewed from adjacent properties and roadways. Additionally, junk vehicles shall be placed a minimum of 50 feet from property lines of adjacent landowner and roadways.
D. Restoration of Vehicle Outdoors - Sustained progress in restoring a vintage vehicle (over 25 years) to operational condition shall be allowed under the following conditions and said vehicle shall not constitute a junk vehicle:
1. A maximum of 1 vehicle per parcel of land shall be allowed for restoration.
2. The entire restoration shall be accomplished in a reasonable amount of time, not to exceed 12 months.
3. Such vehicle shall be located so as to create the least nuisance possible.
4. Noise associated with the restoration shall be limited to reasonable hours.
5. Restoration shall be for personal use and not for profit.
E. Preexisting Junk Vehicles - Where more than the maximum number of junk vehicles are present at the time of enactment of this Law, a maximum of 6 months from date of written notification shall be allowed for the owner to come into compliance with this section.
SECTION 614 KENNELS
A. Purpose - In order to promote the general welfare of the village, new kennels shall be allowed only by Special Use Permit. The application shall include a diagram drawn to scale that displays the kennel building(s) and all other inhabited dwellings in the vicinity, information on buffers, number and type of animals, and any other information deemed appropriate.
B. Conditions to be considered when hearing a request for a kennel Special Use Permit:
1. Closeness to adjacent properties;
2. Maximum number of animals to be maintained;
3. Effect on character of neighborhood; and
4. Existing or proposed natural or man-made buffers.
SECTION 615 LAKESHORE REGULATIONS
A. Purpose - Due to the unique features associated with properties and the need to protect views, the following regulations shall apply to parcels located adjacent to Cassadaga Lake. In cases of conflict with other regulations, the most stringent shall apply.
B. Conditions -
1. Setbacks - No principal structures intended for inhabitation shall be permitted within 50 feet of the shoreline based on high water levels. Refer also to General Provisions section on established front yards.
2. Accessory Buildings - An Accessory Building not used for inhabitation, shall be allowed "By Right" when set back 50 feet or more from the shoreline based on high water levels. Accessory buildings less than 50 feet from the shoreline shall be allowed by Special Use Permit with consideration given to the following:
a. Visibility from adjacent parcels.
b. Structure is sufficiently anchored to prevent movement due to wind, high waters, etc.
c. Structure does not extend beyond the natural high water shoreline.
d. Other reasonable conditions deemed necessary may be imposed by the Permitting Authority.
e. All necessary environmental permits have been obtained under New York State Conservation Law.
3. Fences - Any fence established within 50 feet of the shoreline (based on high water level) shall be by Special Use Permit only. Consideration shall be given to the supplemental section on fences; and the following:
a. Visibility from adjacent parcels,
b. Height of fence,
c. Type of fence, and
d. Other reasonable conditions deemed necessary by the Permitting Authority.
e. Preexisting fences over 4 feet in height shall be subject to a Special Use Permit review to determine if there is a nuisance associated with the fence. If a nuisance exists, it shall be corrected within a reasonable time period as determined by the Permitting Board.
f. All Necessary environmental permits have been obtained under New York Conservation Law.
SECTION 616 LARGE GROUP GATHERINGS
A. Purpose - In order to promote safe and healthy gatherings of large groups of people, as defined in the definition section, certain conditions shall be complied with as defined below.
B. Conditions - Prior to the granting of a Special Use Permit, the following will be taken into consideration:
1. Traffic safety, parking, access;
2. Noise;
3. Health and sanitation;
4. Beverages to be served;
5. Security and traffic control;
6. Cleanup and restoration of land; and
7. Other, appropriate considerations.
C. Sponsor Responsibility - The sponsor of any large group gathering shall be responsible for compliance with any conditions which are specifically imposed as well as the overall conduct of the gathering.
D. Exempt Gatherings - Nonprofit and local civic group sponsored gatherings shall be exempt from permit requirements.
E. Preexisting Uses - All "large group" gatherings held after the effective date of this Law shall be subject to this section.
SECTION 617 LOADING AND UNLOADING
A. Purpose - Off-street loading and/or unloading spaces for non-farm commercial vehicles while loading and/or unloading shall be provided for new uses where it is deemed that such facilities are necessary to serve the use or uses on the lot. At least 1 off street loading and/or unloading space shall be provided for all commercial establishments in excess of 7,500 square feet of floor area.
B. Conditions:
1. Size - Each loading and/or unloading space shall be at least 14 feet wide, 60 feet long and shall have at least a 15 foot vertical clearance; shall have a 60 foot maneuvering area. Refer to Variance Section where this requirement cannot be met.
2. Use of Parking Spaces - Generally parking space shall not be used for loading and/or unloading purposes except during hours when business operations are suspended or if pedestrian and traffic will not be obstructed. However, the permitting board may allow the use of parking spaces when it is determined that the effects will be minimal.
Design – Loading and/or unloading facilities shall be designed so that trucks need not back in or out, or park in any public right of way. No truck shall be allowed to stand in a traveled roadway or pedestrian walk way or in any way block the effective flow of persons or vehicles. The loading and/or unloading area shall have an all weather surface to provide safe and convenient access during all seasons.
C. Preexisting Uses – Any Commercial use existing, as of the effective date of this Law, shall not be subject to this section. However, any existing use that is changed to another more intensive commercial use shall be evaluated at a public hearing to determine if portions of this section should apply.
SECTION 618 MIXED RESIDENTIAL / BUSINESS USES IN B DISTRICT
Commercial structures (preexisting and new) located within a retail section of a Business District may, by Special Use Permit, be partially used for dwelling purposes when the following conditions are met:
A. Location - The location is appropriate for housing units with respect to health, safety, and general welfare of the occupants.
B. Parking - Sufficient off street parking is available, preferably on the parcel where the structure is located or in close proximity to the structure.
C. Other Conditions - Other reasonable conditions as deemed necessary by the Permitting Authority.
SECTION 619 MOBILE HOME PARKS
A. Purpose - This section provides the various conditions that will insure that a quality park will be designed which provides a safe, healthy and appealing environment for mobile homes.
B. Conditions - Mobile home parks shall comply with the following standards:
1. Area and Setback Requirements -
a. Size - Parks shall consist of a minimum of 50 contiguous acres and shall be designed for a maximum of 4 units per acre overall.
b. Buffer - Appropriate vegetation or open space buffer shall be located around the perimeter of the park. Type and size of the buffer, shall be determined by the density and type of adjacent uses and the need for separating the uses. As a minimum, a 25-foot buffer (open space or vegetation) shall be required with the Permitting Board determining the need for a greater buffer.
c. Setback - All mobile homes and other development shall be located a minimum of 100 feet from the edge of any public road. Mobile homes shall be setback a minimum of 20 feet from the edge of the park's private road.
d. Lot - Each mobile home shall be located on a lot that is a minimum of 5,000 square feet, and a minimum of 50 feet in width. The width requirement can be waived for corner lots.
e. Side Yard - Mobile homes (including enclosed additions) shall be spaced a minimum of 25 feet from each other.
f. Floor Space - The minimum floor space allowed for a mobile home placed in a park shall be in accordance with area requirements for the district in which the park is located. Add-ons shall not be used in calculating the size.
2. Streets and Walkways -
a. Entrance and exits to the park shall be safely designed.
b. Private roads shall be a minimum of 16 feet wide and shall as a minimum be carpet coated, graveled, or paved, and be approved by the fire chief for use by emergency vehicles.
c. Private roadways shall be maintained in a manner so as to permit safe travel year-round (e.g., free of snow and ruts.)
d. Walkways from the street to door shall be required in addition to a patio for each mobile home, using generally accepted materials.
3. Parking -
a. Off street parking shall be provided with a minimum of 400 square feet for each mobile home with gravel, carpet coating, or paving being used.
b. Sufficient auxiliary parking shall be provided for trucks, boats, travel trailers, etc.
4. Recreation -
a. Open space and recreational areas shall be set aside and improved at central locations at a rate of 700 square feet per mobile home. They shall be maintained in a manner conducive to recreational use.
5. Skirting - Mobile homes shall be skirted with an attractive fire-resistant material within 3 months from the time of setup.
6. Outdoor Storage - Due to the limited lot sizes and close proximity of mobile homes no outdoor storage of tools, materials, equipment, junk, or any other items, other than registered vehicles, or patio-related items shall be allowed. Where storage sheds are necessary to comply with this requirement, they shall be located in rear yards and out-of-sight to the greatest degree possible, substantially anchored, and well - maintained.
7. Drainage - The park shall be located on a well drained site properly graded to insure rapid drainage and freedom from stagnant pools of water.
8. Location - Mobile home parks shall not be located in developed residential areas where their presence will result in a detrimental effect on the character of the neighborhood, due to significant traffic increases for the existing residential streets.
9. Park Design - It is recommended that the design of the park not be barracks-like in nature and not be designed on the gridiron pattern with identical rectangular spaces. The angling of spaces and the clustering of mobile homes around cul-de-sacs could be considered. Should this latter type of design be hampered by the minimum area requirement, the Permitting Board shall have the authority to alter those requirements by up to 10%.
10. Lighting & Utilities - Lighting within the park sufficient to promote public safety as may be required and directed by Permitting Board. It is recommended that consideration in each instance be given to the construction of all utilities underground. It shall be required that all lines between the meter and lot be underground.
11. Accessory Retail or Service Uses - Accessory uses such as recreational facilities, convenience stores, laundries, and mobile home sales/service, customarily associated with mobile home parks shall be permitted. However, the land utilized in this manner should not account for more than 5% of the total area of the park. Finally, no commercial character shall be visible from outside the park and such services shall only be allowed when the number of sites is sufficient to support these services.
C. Bond - At the discretion of the Permitting Board, the developer may be required to obtain an appropriate bond to insure compliance with conditions attached to the Special Use Permit/Site Plan Review.
D. Preexisting Parks - Mobile home parks in existence before the enactment of this Law shall be subject to the following regulations:
1. Mobile homes shall be skirted with an attractive fire-resistant material within 1 year of the effective date of this Law.
2. Enlargements or expansions of all mobile home parks in existence before the enactment of this Law shall comply with all regulations in this Law to the extent determined by the Permitting Board.
3. Off-street parking shall be provided within 1 year, where reasonable.
SECTION 620 MOBILE HOME STANDARDS
A. Purpose - This section has as its main purpose the preservation of neighborhoods by insuring that mobile homes are placed properly with aesthetic and safety standards considered.
B. Conditions - In districts where mobile homes are allowed by Special Use Permit, all of the conditions listed below shall be considered prior to the granting of the zoning permit. However, in those districts where mobile homes are allowed "by right," a zoning permit will only be granted after the first 3 conditions listed below (floor space, parking, and skirting) have been met.
1. Minimum Floor Space - The original "advertised" floor space for a mobile home, excluding add-ons shall be a minimum of 760 square feet.
2. Parking - Off-street parking spaces in accordance with the supplemental section on parking.
3. Skirting - Attractive, fire-resistant skirting shall be installed within 6 months of when the mobile home is placed on the lot.
4. Location - Mobile homes shall only be allowed in Mobile Home Parks.
5. Landscaping - Landscaping appropriate to the neighborhood shall be considered.
6. Additions - All additions shall be in accordance with the New York State Uniform Code and shall be compatible with the construction of the mobile home.
7. Storage - Miscellaneous garage and recreational items traditionally stored undercover shall not be stored outdoors. Appropriate storage shall be supplied.
8. HUD Requirements - All mobile homes (new and used) shall comply with HUD construction requirements prior to being allowed to be placed on a lot.
9. Other Considerations - Any other reasonable conditions as deemed necessary by the permitting board shall be considered for inclusion. See supplemental section on general development conditions for a list of possible conditions to include.
SECTION 621 MOTOR VEHICLE SERVICE STATIONS
A. Purpose - Gas stations as defined in the definition section, are regulated in this section to promote safe and properly located stations that are visually attractive.
B. Conditions - The following conditions shall be considered:
1. Entrance/Exit - No public garage, or motor vehicle service station, or private garage for more than 5 vehicles shall have a vehicular entrance closer than 200 feet to an entrance to a church, school, theater, hospital, public park, playground, or fire station. Such measurement shall be taken at the shortest distance between such entrances if across the street, and along the street frontage if both entrances are on the same side of the street or within the same square block.
2. Location - All motor vehicle service stations shall be so arranged and all gasoline pumps shall be so placed as to require all servicing on the premises and outside the public way; and no gasoline pump shall be placed closer to any side property line than 50 feet.
3. Storage of Vehicles Awaiting Repairs -
a. 1 to 3 vehicles stored outside awaiting repairs shall be kept in one contiguous location and neatly arranged.
b. Where 4 to 10 vehicles are temporarily stored outdoors, they shall be screened by an appropriate fence which makes it impossible to view the vehicles from adjacent roads or properties.
c. The temporary storage of over 10 vehicles outdoors shall be prohibited.
d. All parts shall be enclosed within a screened/fence area or stored inside of a building.
4. Abandoned Tanks and Pumps - All abandoned tanks and pumps shall be removed or secured in accordance with the NYS Uniform Fire and Building Code and/or DEC rules and regulations.
SECTION 622 MULTIPLE DWELLINGS
A. Purpose - Attached multiple dwellings, in districts where allowed shall be subject to Special Use Permits and where 3 or more units are proposed, site plan review requirements shall also apply. Each development proposal shall be evaluated on its own merits with reasonable conditions attached.
B. Special Use Permit Conditions – The following shall be considered where appropriate for inclusion.
1. Safe ingress and egress.
2. Roadway ownership and design. Insure roadways and fire lanes are adequate for year round fire equipment movement.
3. Parking in accordance with the supplemental section, and additionally auxiliary parking.
4. Storage facilities such that adequate indoor storage is available. See supplemental section.
5. Utilities to include sewer, water, phone, electric, cable TV, etc. See supplemental section on TV dishes.
6. Sign size, location, lighting, etc. See supplemental section on signs.
7. Recreational uses, active and passive.
8. Buffers, natural and man-made as necessary.
9. Clustering of development as specified in the area requirements.
10. Other reasonable and appropriate conditions as deemed necessary by the Permitting Board. See supplemental section on development conditions.
C. Site Plan Review Conditions - See site plan review section.
D. Accessory Apartment- A secondary apartment developed in an existing single family dwelling. No more than one unit shall be created per dwelling unit in districts where multiple units are allowed; the apartment shall be a minimum of 600 square feet in floor space with the resultant primary dwelling meeting all requirements such as minimum floor space.
SECTION 623 PARKING
A. Purpose - Off-street parking space(s) with a proper and safe access shall be provided within a structure or in the open to serve adequately the uses on each lot within the district. Any application for a building permit for a new or enlarged building structure or change in use shall include with it a plot plan drawn to scale and fully dimensioned, showing parking in compliance with the regulations of this Law. However, in the existing Business Districts, parking shall only be required to be provided for new development where it is reasonably possible. All parking spaces shall be allowed "By Right" which requires a zoning permit except that no permit is required for new single-family or duplex parking spaces.
B. Size Requirements - A required off street parking space shall be an area of not less than 171 square feet, not less than 9 feet wide by 19 feet long, exclusive of access drives or aisles, ramps, columns, or office and work areas. Aisles between vehicular parking rows shall not be less than12 feet in width when serving automobiles parked at a 45 degree angle in 1 direction or not less than 20 feet in width when serving automobiles parked perpendicular to the aisles and accommodating 2- way traffic.
C. Street Access - Parking facilities shall be designed with appropriate means of vehicular access to a street or alley in such a manner as will least interfere with the movement of traffic.
D. Location - No parking space nor portion thereof established on the same zoning lot with a building, shall be located within a required front yard, and no parking spaces nor portion thereof established on a lot without a building, shall be located closer to any street line than the front yard setback requirements of this Law in the same manner as a building or structure. The aforementioned required setbacks shall not be applicable to the Business District, nor to residential driveways which may be used for parking. For nonresidential off street parking, the Municipal Board may, upon request by the applicant, allow certain parking spaces off the applicant's property but within 500 feet of said property to be included as part of the required spaces.
E. Material Composition - All open off street parking space and access areas, except those accessory to single-family dwellings and duplexes shall be surfaced with some all-weather low dust materials such as stone, gravel, macadam, or asphalt.
F. Number of Spaces - The following parking spaces shall be provided and satisfactorily maintained by the owner of the property, for each use which, after the date when this Law becomes effective, is erected, enlarged, or altered for use for any of the following reasons:
D. Restoration of Vehicle Outdoors - Sustained progress in restoring a vintage vehicle (over 25 years) to operational condition shall be allowed under the following conditions and said vehicle shall not constitute a junk vehicle:
1. A maximum of 1 vehicle per parcel of land shall be allowed for restoration.
2. The entire restoration shall be accomplished in a reasonable amount of time, not to exceed 12 months.
3. Such vehicle shall be located so as to create the least nuisance possible.
4. Noise associated with the restoration shall be limited to reasonable hours.
5. Restoration shall be for personal use and not for profit.
E. Preexisting Junk Vehicles - Where more than the maximum number of junk vehicles are present at the time of enactment of this Law, a maximum of 6 months from date of written notification shall be allowed for the owner to come into compliance with this section.
SECTION 614 KENNELS
A. Purpose - In order to promote the general welfare of the village, new kennels shall be allowed only by Special Use Permit. The application shall include a diagram drawn to scale that displays the kennel building(s) and all other inhabited dwellings in the vicinity, information on buffers, number and type of animals, and any other information deemed appropriate.
B. Conditions to be considered when hearing a request for a kennel Special Use Permit:
1. Closeness to adjacent properties;
2. Maximum number of animals to be maintained;
3. Effect on character of neighborhood; and
4. Existing or proposed natural or man-made buffers.
SECTION 615 LAKESHORE REGULATIONS
A. Purpose - Due to the unique features associated with properties and the need to protect views, the following regulations shall apply to parcels located adjacent to Cassadaga Lake. In cases of conflict with other regulations, the most stringent shall apply.
B. Conditions -
1. Setbacks - No principal structures intended for inhabitation shall be permitted within 50 feet of the shoreline based on high water levels. Refer also to General Provisions section on established front yards.
2. Accessory Buildings - An Accessory Building not used for inhabitation, shall be allowed "By Right" when set back 50 feet or more from the shoreline based on high water levels. Accessory buildings less than 50 feet from the shoreline shall be allowed by Special Use Permit with consideration given to the following:
a. Visibility from adjacent parcels.
b. Structure is sufficiently anchored to prevent movement due to wind, high waters, etc.
c. Structure does not extend beyond the natural high water shoreline.
d. Other reasonable conditions deemed necessary may be imposed by the Permitting Authority.
e. All necessary environmental permits have been obtained under New York State Conservation Law.
3. Fences - Any fence established within 50 feet of the shoreline (based on high water level) shall be by Special Use Permit only. Consideration shall be given to the supplemental section on fences; and the following:
a. Visibility from adjacent parcels,
b. Height of fence,
c. Type of fence, and
d. Other reasonable conditions deemed necessary by the Permitting Authority.
e. Preexisting fences over 4 feet in height shall be subject to a Special Use Permit review to determine if there is a nuisance associated with the fence. If a nuisance exists, it shall be corrected within a reasonable time period as determined by the Permitting Board.
f. All Necessary environmental permits have been obtained under New York Conservation Law.
SECTION 616 LARGE GROUP GATHERINGS
A. Purpose - In order to promote safe and healthy gatherings of large groups of people, as defined in the definition section, certain conditions shall be complied with as defined below.
B. Conditions - Prior to the granting of a Special Use Permit, the following will be taken into consideration:
1. Traffic safety, parking, access;
2. Noise;
3. Health and sanitation;
4. Beverages to be served;
5. Security and traffic control;
6. Cleanup and restoration of land; and
7. Other, appropriate considerations.
C. Sponsor Responsibility - The sponsor of any large group gathering shall be responsible for compliance with any conditions which are specifically imposed as well as the overall conduct of the gathering.
D. Exempt Gatherings - Nonprofit and local civic group sponsored gatherings shall be exempt from permit requirements.
E. Preexisting Uses - All "large group" gatherings held after the effective date of this Law shall be subject to this section.
SECTION 617 LOADING AND UNLOADING
A. Purpose - Off-street loading and/or unloading spaces for non-farm commercial vehicles while loading and/or unloading shall be provided for new uses where it is deemed that such facilities are necessary to serve the use or uses on the lot. At least 1 off street loading and/or unloading space shall be provided for all commercial establishments in excess of 7,500 square feet of floor area.
B. Conditions:
1. Size - Each loading and/or unloading space shall be at least 14 feet wide, 60 feet long and shall have at least a 15 foot vertical clearance; shall have a 60 foot maneuvering area. Refer to Variance Section where this requirement cannot be met.
2. Use of Parking Spaces - Generally parking space shall not be used for loading and/or unloading purposes except during hours when business operations are suspended or if pedestrian and traffic will not be obstructed. However, the permitting board may allow the use of parking spaces when it is determined that the effects will be minimal.
Design – Loading and/or unloading facilities shall be designed so that trucks need not back in or out, or park in any public right of way. No truck shall be allowed to stand in a traveled roadway or pedestrian walk way or in any way block the effective flow of persons or vehicles. The loading and/or unloading area shall have an all weather surface to provide safe and convenient access during all seasons.
C. Preexisting Uses – Any Commercial use existing, as of the effective date of this Law, shall not be subject to this section. However, any existing use that is changed to another more intensive commercial use shall be evaluated at a public hearing to determine if portions of this section should apply.
SECTION 618 MIXED RESIDENTIAL / BUSINESS USES IN B DISTRICT
Commercial structures (preexisting and new) located within a retail section of a Business District may, by Special Use Permit, be partially used for dwelling purposes when the following conditions are met:
A. Location - The location is appropriate for housing units with respect to health, safety, and general welfare of the occupants.
B. Parking - Sufficient off street parking is available, preferably on the parcel where the structure is located or in close proximity to the structure.
C. Other Conditions - Other reasonable conditions as deemed necessary by the Permitting Authority.
SECTION 619 MOBILE HOME PARKS
A. Purpose - This section provides the various conditions that will insure that a quality park will be designed which provides a safe, healthy and appealing environment for mobile homes.
B. Conditions - Mobile home parks shall comply with the following standards:
1. Area and Setback Requirements -
a. Size - Parks shall consist of a minimum of 50 contiguous acres and shall be designed for a maximum of 4 units per acre overall.
b. Buffer - Appropriate vegetation or open space buffer shall be located around the perimeter of the park. Type and size of the buffer, shall be determined by the density and type of adjacent uses and the need for separating the uses. As a minimum, a 25-foot buffer (open space or vegetation) shall be required with the Permitting Board determining the need for a greater buffer.
c. Setback - All mobile homes and other development shall be located a minimum of 100 feet from the edge of any public road. Mobile homes shall be setback a minimum of 20 feet from the edge of the park's private road.
d. Lot - Each mobile home shall be located on a lot that is a minimum of 5,000 square feet, and a minimum of 50 feet in width. The width requirement can be waived for corner lots.
e. Side Yard - Mobile homes (including enclosed additions) shall be spaced a minimum of 25 feet from each other.
f. Floor Space - The minimum floor space allowed for a mobile home placed in a park shall be in accordance with area requirements for the district in which the park is located. Add-ons shall not be used in calculating the size.
2. Streets and Walkways -
a. Entrance and exits to the park shall be safely designed.
b. Private roads shall be a minimum of 16 feet wide and shall as a minimum be carpet coated, graveled, or paved, and be approved by the fire chief for use by emergency vehicles.
c. Private roadways shall be maintained in a manner so as to permit safe travel year-round (e.g., free of snow and ruts.)
d. Walkways from the street to door shall be required in addition to a patio for each mobile home, using generally accepted materials.
3. Parking -
a. Off street parking shall be provided with a minimum of 400 square feet for each mobile home with gravel, carpet coating, or paving being used.
b. Sufficient auxiliary parking shall be provided for trucks, boats, travel trailers, etc.
4. Recreation -
a. Open space and recreational areas shall be set aside and improved at central locations at a rate of 700 square feet per mobile home. They shall be maintained in a manner conducive to recreational use.
5. Skirting - Mobile homes shall be skirted with an attractive fire-resistant material within 3 months from the time of setup.
6. Outdoor Storage - Due to the limited lot sizes and close proximity of mobile homes no outdoor storage of tools, materials, equipment, junk, or any other items, other than registered vehicles, or patio-related items shall be allowed. Where storage sheds are necessary to comply with this requirement, they shall be located in rear yards and out-of-sight to the greatest degree possible, substantially anchored, and well - maintained.
7. Drainage - The park shall be located on a well drained site properly graded to insure rapid drainage and freedom from stagnant pools of water.
8. Location - Mobile home parks shall not be located in developed residential areas where their presence will result in a detrimental effect on the character of the neighborhood, due to significant traffic increases for the existing residential streets.
9. Park Design - It is recommended that the design of the park not be barracks-like in nature and not be designed on the gridiron pattern with identical rectangular spaces. The angling of spaces and the clustering of mobile homes around cul-de-sacs could be considered. Should this latter type of design be hampered by the minimum area requirement, the Permitting Board shall have the authority to alter those requirements by up to 10%.
10. Lighting & Utilities - Lighting within the park sufficient to promote public safety as may be required and directed by Permitting Board. It is recommended that consideration in each instance be given to the construction of all utilities underground. It shall be required that all lines between the meter and lot be underground.
11. Accessory Retail or Service Uses - Accessory uses such as recreational facilities, convenience stores, laundries, and mobile home sales/service, customarily associated with mobile home parks shall be permitted. However, the land utilized in this manner should not account for more than 5% of the total area of the park. Finally, no commercial character shall be visible from outside the park and such services shall only be allowed when the number of sites is sufficient to support these services.
C. Bond - At the discretion of the Permitting Board, the developer may be required to obtain an appropriate bond to insure compliance with conditions attached to the Special Use Permit/Site Plan Review.
D. Preexisting Parks - Mobile home parks in existence before the enactment of this Law shall be subject to the following regulations:
1. Mobile homes shall be skirted with an attractive fire-resistant material within 1 year of the effective date of this Law.
2. Enlargements or expansions of all mobile home parks in existence before the enactment of this Law shall comply with all regulations in this Law to the extent determined by the Permitting Board.
3. Off-street parking shall be provided within 1 year, where reasonable.
SECTION 620 MOBILE HOME STANDARDS
A. Purpose - This section has as its main purpose the preservation of neighborhoods by insuring that mobile homes are placed properly with aesthetic and safety standards considered.
B. Conditions - In districts where mobile homes are allowed by Special Use Permit, all of the conditions listed below shall be considered prior to the granting of the zoning permit. However, in those districts where mobile homes are allowed "by right," a zoning permit will only be granted after the first 3 conditions listed below (floor space, parking, and skirting) have been met.
1. Minimum Floor Space - The original "advertised" floor space for a mobile home, excluding add-ons shall be a minimum of 760 square feet.
2. Parking - Off-street parking spaces in accordance with the supplemental section on parking.
3. Skirting - Attractive, fire-resistant skirting shall be installed within 6 months of when the mobile home is placed on the lot.
4. Location - Mobile homes shall only be allowed in Mobile Home Parks.
5. Landscaping - Landscaping appropriate to the neighborhood shall be considered.
6. Additions - All additions shall be in accordance with the New York State Uniform Code and shall be compatible with the construction of the mobile home.
7. Storage - Miscellaneous garage and recreational items traditionally stored undercover shall not be stored outdoors. Appropriate storage shall be supplied.
8. HUD Requirements - All mobile homes (new and used) shall comply with HUD construction requirements prior to being allowed to be placed on a lot.
9. Other Considerations - Any other reasonable conditions as deemed necessary by the permitting board shall be considered for inclusion. See supplemental section on general development conditions for a list of possible conditions to include.
SECTION 621 MOTOR VEHICLE SERVICE STATIONS
A. Purpose - Gas stations as defined in the definition section, are regulated in this section to promote safe and properly located stations that are visually attractive.
B. Conditions - The following conditions shall be considered:
1. Entrance/Exit - No public garage, or motor vehicle service station, or private garage for more than 5 vehicles shall have a vehicular entrance closer than 200 feet to an entrance to a church, school, theater, hospital, public park, playground, or fire station. Such measurement shall be taken at the shortest distance between such entrances if across the street, and along the street frontage if both entrances are on the same side of the street or within the same square block.
2. Location - All motor vehicle service stations shall be so arranged and all gasoline pumps shall be so placed as to require all servicing on the premises and outside the public way; and no gasoline pump shall be placed closer to any side property line than 50 feet.
3. Storage of Vehicles Awaiting Repairs -
a. 1 to 3 vehicles stored outside awaiting repairs shall be kept in one contiguous location and neatly arranged.
b. Where 4 to 10 vehicles are temporarily stored outdoors, they shall be screened by an appropriate fence which makes it impossible to view the vehicles from adjacent roads or properties.
c. The temporary storage of over 10 vehicles outdoors shall be prohibited.
d. All parts shall be enclosed within a screened/fence area or stored inside of a building.
4. Abandoned Tanks and Pumps - All abandoned tanks and pumps shall be removed or secured in accordance with the NYS Uniform Fire and Building Code and/or DEC rules and regulations.
SECTION 622 MULTIPLE DWELLINGS
A. Purpose - Attached multiple dwellings, in districts where allowed shall be subject to Special Use Permits and where 3 or more units are proposed, site plan review requirements shall also apply. Each development proposal shall be evaluated on its own merits with reasonable conditions attached.
B. Special Use Permit Conditions – The following shall be considered where appropriate for inclusion.
1. Safe ingress and egress.
2. Roadway ownership and design. Insure roadways and fire lanes are adequate for year round fire equipment movement.
3. Parking in accordance with the supplemental section, and additionally auxiliary parking.
4. Storage facilities such that adequate indoor storage is available. See supplemental section.
5. Utilities to include sewer, water, phone, electric, cable TV, etc. See supplemental section on TV dishes.
6. Sign size, location, lighting, etc. See supplemental section on signs.
7. Recreational uses, active and passive.
8. Buffers, natural and man-made as necessary.
9. Clustering of development as specified in the area requirements.
10. Other reasonable and appropriate conditions as deemed necessary by the Permitting Board. See supplemental section on development conditions.
C. Site Plan Review Conditions - See site plan review section.
D. Accessory Apartment- A secondary apartment developed in an existing single family dwelling. No more than one unit shall be created per dwelling unit in districts where multiple units are allowed; the apartment shall be a minimum of 600 square feet in floor space with the resultant primary dwelling meeting all requirements such as minimum floor space.
SECTION 623 PARKING
A. Purpose - Off-street parking space(s) with a proper and safe access shall be provided within a structure or in the open to serve adequately the uses on each lot within the district. Any application for a building permit for a new or enlarged building structure or change in use shall include with it a plot plan drawn to scale and fully dimensioned, showing parking in compliance with the regulations of this Law. However, in the existing Business Districts, parking shall only be required to be provided for new development where it is reasonably possible. All parking spaces shall be allowed "By Right" which requires a zoning permit except that no permit is required for new single-family or duplex parking spaces.
B. Size Requirements - A required off street parking space shall be an area of not less than 171 square feet, not less than 9 feet wide by 19 feet long, exclusive of access drives or aisles, ramps, columns, or office and work areas. Aisles between vehicular parking rows shall not be less than12 feet in width when serving automobiles parked at a 45 degree angle in 1 direction or not less than 20 feet in width when serving automobiles parked perpendicular to the aisles and accommodating 2- way traffic.
C. Street Access - Parking facilities shall be designed with appropriate means of vehicular access to a street or alley in such a manner as will least interfere with the movement of traffic.
D. Location - No parking space nor portion thereof established on the same zoning lot with a building, shall be located within a required front yard, and no parking spaces nor portion thereof established on a lot without a building, shall be located closer to any street line than the front yard setback requirements of this Law in the same manner as a building or structure. The aforementioned required setbacks shall not be applicable to the Business District, nor to residential driveways which may be used for parking. For nonresidential off street parking, the Municipal Board may, upon request by the applicant, allow certain parking spaces off the applicant's property but within 500 feet of said property to be included as part of the required spaces.
E. Material Composition - All open off street parking space and access areas, except those accessory to single-family dwellings and duplexes shall be surfaced with some all-weather low dust materials such as stone, gravel, macadam, or asphalt.
F. Number of Spaces - The following parking spaces shall be provided and satisfactorily maintained by the owner of the property, for each use which, after the date when this Law becomes effective, is erected, enlarged, or altered for use for any of the following reasons:
Uses
One-Family Residence & Mobile Home
Two Family Residence Multi-Family Residence Church Home for Aged Elementary School High School & College Library Places of Assembly, inc., Convention Hall & Dance Hall Club, Lodge (Without Sleeping Accommodations) Places Providing Sleeping Accommodations, inc., Hotels, Motels, & Tourist Homes Mortuaries or Funeral Parlors Offices, Banks Food Market Eating & Drinking Establishments Bowling Alley Other Business Industrial Other Uses not Listed Above |
Minimum of 1 Space Per
Dwelling Unit
Dwelling Unit Dwelling Unit 5 Fixed Seats 3 Residents 20 Students 12 Students 1,000 Sq. Ft. 200 Sq. Ft. Each 5 capacity of hall Sleeping Unit *1/8 Viewing Room / Plus 1 for every Employee 100 Sq. Ft. Floor Area 200 Sq. Ft. Floor Area 4 Seats or 1 for each 200 Sq. Ft. of floor Area whichever is more Each 4 capacity of Facility. 300 Sq. Ft. Sales Area Employee (Max. Work Shift) 500 Sq. Ft. Floor Area *8 spaces per Viewing Room |
SECTION 624 PONDS
A. Purpose - In order to minimize traffic safety problems associated with ponds inappropriately located near roadways and to reduce the probability of creating an attractive nuisance in densely populated areas, the following conditions shall apply.
B. Conditions -
1. Traffic Safety -
a. Setback - All ponds constructed shall be set back a minimum of 50 feet from the edge of any roadway.
b. Location - New ponds shall be located in such a manner so as to minimize the likelihood of accidental vehicular access (e.g., avoid locating at the end of a dead end or "T" roadway).
c. Area Requirements - All area requirements (except front yard) for the district in which the pond is proposed shall be met in locating the pond.
2. Water Safety - In Residential and Conservation Districts in areas where there are 1 or more neighboring housing units within 100 feet of the proposed site for the pond, one of the following shall be accomplished:
a. Fence - As a minimum a 4-foot high security fence shall completely surround the pond, or
b. Slope – The pond shall be designed so that the slope from the shore 10 feet toward the center of the pond shall be a maximum of 25% (3 feet of drop per 12 feet in run).
SECTION 625 PROFESSIONAL OFFICES
Professional offices may be allowed by Special Use Permits, in accordance with the following specific conditions:
A. Parking - Adequate off-street parking must be provided in order to handle peak parking. Adequate space for expansion of parking and/or the maneuvering of vehicles must be provided.
B. Traffic Safety - The ingress/egress system must be designed so as to minimize potential traffic safety problems.
C. Signs - Only 1 sign for the purpose of advertising the business shall be allowed on the premises and it shall be in accordance with the sign section. Additionally, it shall be not higher than 5 feet in height to the top of the sign.
D. Buffer - A proper buffer zone shall be provided to protect adjacent properties if deemed necessary by the Permitting Authority.
E. Hours - Limited hours and days of operation may be included as a condition for the granting of the Special Use Permit.
F. Lot Size - The overall size of the property must be such that it is capable of supporting the professional office operations and any related activity while at the same time maintaining appropriate open space.
G. Neighborhood - The general character of the neighborhood must not be substantially changed by the presence of professional offices nor shall there be a resultant devaluation of adjoining properties.
SECTION 626 - RECREATIONAL VEHICLE / TRAILER STORAGE
A. Purpose - To encourage aesthetically pleasing residential neighborhoods, this section allows for the reasonable control of recreational vehicles.
B. Conditions - The following conditions shall be met:
1. Number - A maximum of two recreational vehicles, trailers or other similar vehicles may be stored outside on each parcel or series of contiguous parcels under single ownership.
2. Location - All recreational vehicles/trailers, etc., shall be stored in rear yards whenever it is possible and shall not be stored in a front yard. Nor shall they be allowed to become a nuisance. All area requirements of the district in which the vehicle is stored shall be met. Area Variances shall be requested where these rules cannot be met.
C. Preexisting Vehicles - All recreational vehicles existing at the time of enactment of this Law shall be subject to the regulations of this section 6 months from the date of notification in writing.
SECTION 627 RESTAURANTS
A. Purpose - Restaurants are regulated in order to promote safe, appealing establishments with minimal nuisances present.
B. Permanent Conditions - The following conditions must be met as required by the Permitting Board in order to receive the Special Use Permit.
1. Parking - See supplemental section on parking to determine the number of off-street parking spaces required. The location and layout of the parking spaces may be specified in the permit.
2. Traffic Safety - The entrance and exit location and size shall be safely designed with minimal obstructions. Pedestrian safety shall also be considered.
3. Nuisances - Noises from electric motors, compressors, etc., or glare from lighting shall be minimal.
4. Signs - All sign regulations as specified in the supplemental section shall be complied with fully.
5. Decks - Any deck, patio, porch or similar area utilized by customers shall be approved and in accordance with all area requirements.
6. Trash - All trash shall be located inconspicuously and in well-maintained containers that minimize the chance for spillage, unhealthy or unsightly conditions.
7. Buffers - As is required by the Permitting Board, appropriate buffers may be required which shield adjacent properties from any adverse conditions associated with the restaurant (e.g., parking lots, lighting, etc.).
8. Entertainment - The applicant shall specify the type of entertainment to be utilized, location in building, maximum frequency and hours of entertainment. No nuisance shall be permitted; and if it becomes apparent that any of these provisions are creating a nuisance, a public hearing shall be required to reevaluate the original application.
9. Other - Any other condition as deemed reasonable and necessary may be required by the Permitting Board.
SECTION 628 ROADSIDE STAND (SEASONAL)
A. Purpose - In order to minimize traffic safety problems associated with retail sales at roadside stands, the following regulations shall apply.
B. Definition - For the purposes of this Law, roadside stands shall consist of 2 types, general roadside stand and limited roadside stand.
1. General Roadside Stand - Produce sold but not necessarily grown on premises where stand is located.
2. Limited Roadside Stand - All produce grown on the premises (lots) where the stand is located and are sold only by the owner(s) of said premises. Also, the stand may only be located at the sales location during the produce sales season.
C. Minimum Conditions -
A. Purpose - In order to minimize traffic safety problems associated with ponds inappropriately located near roadways and to reduce the probability of creating an attractive nuisance in densely populated areas, the following conditions shall apply.
B. Conditions -
1. Traffic Safety -
a. Setback - All ponds constructed shall be set back a minimum of 50 feet from the edge of any roadway.
b. Location - New ponds shall be located in such a manner so as to minimize the likelihood of accidental vehicular access (e.g., avoid locating at the end of a dead end or "T" roadway).
c. Area Requirements - All area requirements (except front yard) for the district in which the pond is proposed shall be met in locating the pond.
2. Water Safety - In Residential and Conservation Districts in areas where there are 1 or more neighboring housing units within 100 feet of the proposed site for the pond, one of the following shall be accomplished:
a. Fence - As a minimum a 4-foot high security fence shall completely surround the pond, or
b. Slope – The pond shall be designed so that the slope from the shore 10 feet toward the center of the pond shall be a maximum of 25% (3 feet of drop per 12 feet in run).
SECTION 625 PROFESSIONAL OFFICES
Professional offices may be allowed by Special Use Permits, in accordance with the following specific conditions:
A. Parking - Adequate off-street parking must be provided in order to handle peak parking. Adequate space for expansion of parking and/or the maneuvering of vehicles must be provided.
B. Traffic Safety - The ingress/egress system must be designed so as to minimize potential traffic safety problems.
C. Signs - Only 1 sign for the purpose of advertising the business shall be allowed on the premises and it shall be in accordance with the sign section. Additionally, it shall be not higher than 5 feet in height to the top of the sign.
D. Buffer - A proper buffer zone shall be provided to protect adjacent properties if deemed necessary by the Permitting Authority.
E. Hours - Limited hours and days of operation may be included as a condition for the granting of the Special Use Permit.
F. Lot Size - The overall size of the property must be such that it is capable of supporting the professional office operations and any related activity while at the same time maintaining appropriate open space.
G. Neighborhood - The general character of the neighborhood must not be substantially changed by the presence of professional offices nor shall there be a resultant devaluation of adjoining properties.
SECTION 626 - RECREATIONAL VEHICLE / TRAILER STORAGE
A. Purpose - To encourage aesthetically pleasing residential neighborhoods, this section allows for the reasonable control of recreational vehicles.
B. Conditions - The following conditions shall be met:
1. Number - A maximum of two recreational vehicles, trailers or other similar vehicles may be stored outside on each parcel or series of contiguous parcels under single ownership.
2. Location - All recreational vehicles/trailers, etc., shall be stored in rear yards whenever it is possible and shall not be stored in a front yard. Nor shall they be allowed to become a nuisance. All area requirements of the district in which the vehicle is stored shall be met. Area Variances shall be requested where these rules cannot be met.
C. Preexisting Vehicles - All recreational vehicles existing at the time of enactment of this Law shall be subject to the regulations of this section 6 months from the date of notification in writing.
SECTION 627 RESTAURANTS
A. Purpose - Restaurants are regulated in order to promote safe, appealing establishments with minimal nuisances present.
B. Permanent Conditions - The following conditions must be met as required by the Permitting Board in order to receive the Special Use Permit.
1. Parking - See supplemental section on parking to determine the number of off-street parking spaces required. The location and layout of the parking spaces may be specified in the permit.
2. Traffic Safety - The entrance and exit location and size shall be safely designed with minimal obstructions. Pedestrian safety shall also be considered.
3. Nuisances - Noises from electric motors, compressors, etc., or glare from lighting shall be minimal.
4. Signs - All sign regulations as specified in the supplemental section shall be complied with fully.
5. Decks - Any deck, patio, porch or similar area utilized by customers shall be approved and in accordance with all area requirements.
6. Trash - All trash shall be located inconspicuously and in well-maintained containers that minimize the chance for spillage, unhealthy or unsightly conditions.
7. Buffers - As is required by the Permitting Board, appropriate buffers may be required which shield adjacent properties from any adverse conditions associated with the restaurant (e.g., parking lots, lighting, etc.).
8. Entertainment - The applicant shall specify the type of entertainment to be utilized, location in building, maximum frequency and hours of entertainment. No nuisance shall be permitted; and if it becomes apparent that any of these provisions are creating a nuisance, a public hearing shall be required to reevaluate the original application.
9. Other - Any other condition as deemed reasonable and necessary may be required by the Permitting Board.
SECTION 628 ROADSIDE STAND (SEASONAL)
A. Purpose - In order to minimize traffic safety problems associated with retail sales at roadside stands, the following regulations shall apply.
B. Definition - For the purposes of this Law, roadside stands shall consist of 2 types, general roadside stand and limited roadside stand.
1. General Roadside Stand - Produce sold but not necessarily grown on premises where stand is located.
2. Limited Roadside Stand - All produce grown on the premises (lots) where the stand is located and are sold only by the owner(s) of said premises. Also, the stand may only be located at the sales location during the produce sales season.
C. Minimum Conditions -
1. Year round operation possible
2. Some produce from off premise 3. Employees other than owner and relatives 4. Type permit 5. Requires safe entry and exit with good "line of sight" 6. Sufficient off-street parking to cover peak periods 7. Signs allowed in accordance with sign section 8. Maximum sign size 9. Hour operation specified 10. Section 608 Conditions can be imposed |
Limited
|
General
|
D. Preexisting Roadside Stands - All stands utilized in the 24-month period prior to the effective date of this Law shall be exempt from all regulations found in this section. However, any expansion or alterations shall be subject to regulations of this section.
SECTION 629 SEASONAL RECREATION CAMPS
Seasonal Recreation Camps shall be permitted according to the General Provisions of this Zoning Law.
SECTION 630 SIGNS
A. Purpose - The intent of this section is to preserve and enhance the Commercial and Industrial Districts, by encouraging signs in character and scale with individual buildings and with the municipality to avoid a chaotic, unsafe, or unattractive clutter of signs by prohibiting signs or advertising devices which are inappropriate, in size or type, to municipal character; and to protect the character of the Residential Districts by strictly limiting signs within them.
B. Administration -
1. Permits Required - Except as listed in paragraphs B2 and B3, a Zoning Permit shall be required before an outdoor sign is created, altered, relocated, or enlarged. A permit shall not be issued until all applicable sign regulations are met. All requests for permits must be accompanied by a plan drawn to scale showing the exact size, shape, location, and type of sign.
2. Exempt Signs - The following signs shall be exempt from all regulations of this Section - Public signs such as directional, street, traffic, and personal identification signs not more than 2 square feet in size.
3. Signs Requiring No Permit - The following signs shall be subject to all regulations of this section but shall be exempt from obtaining a permit as required above:
a. Temporary Signs to include contractor signs, political signs and fruit stand signs (see C3 below);
b. Non-illuminated, indoor signs;
c. Realty signs; and
d. Household sale signs. (See C3c below.)
C. Specific Regulations by Sign Type - Specific regulations shall take precedence over the more general sign regulations.
1. Signs Attached to Buildings -
a. No sign parallel to the building shall project more than 12 inches from the building wall on which it is attached.
b. No sign shall project higher than a roof -line.
c. No sign shall be permitted to be mounted on the roof of a building above the roof -line.
d. No sign shall extend higher than 18 feet in height as measured from the ground.
2. Freestanding Signs
a. Freestanding signs within the Business and Industrial Districts shall be in accordance with the following:
1. Height - A maximum height of 25 feet from the ground to the top of the sign shall be allowed.
2. Setback - Freestanding signs shall be set back a minimum of 15 feet from the road edge.
b. Freestanding signs in Residential and Conservation Districts shall be by Special Use Permit only.
3. Temporary Sign Regulations - The following specific regulations shall apply to temporary signs:
a. Contractor signs shall be allowed during periods from when the job commences and is completed. The sign must be removed if substantial progress on the job is not taking place. The maximum size shall be 10 square feet.
b. Political signs up to 32 square feet in size shall be allowed 4 weeks before and up to 1 week after the election and it shall be the responsibility of the candidate to comply with this regulation. Permission from the property owner must be received prior to sign placement.
c. Household Sale signs shall be permitted in accordance with the following regulations:
(1) Maximum Size - no more than 4 feet high by 4 feet wide.
(2) Maximum Number - no more than 6 signs shall be used and permission must be received from property owners where off premise signs are located.
(3) Location - Signs shall not be placed on utility poles.
(4) Illumination - Signs shall not be illuminated.
(5) Time - Household signs may be erected two days before the sale starts and must be removed within 24 hours of the last day of the sale.
d. Seasonal On-Premise Roadside Stand Signs shall be allowed in accordance with the following conditions:
(l) Maximum Size - 16 sq. ft. (Limited Stand) and 100 sq. ft. (General Stand).
(2) Maximum Number - No more than 2 signs shall be used per property with more signs requiring a Special Use Permit.
(3) Location - Signs shall not be placed on off premise trees or utility poles.
(4) Illumination - Signs shall not be illuminated.
(5) Time - Roadside stand signs shall only be permitted during the season in which the agricultural product being sold is available.
(6) Permits - No permit shall be required for seasonal on premise roadside stand signs.
e. Real estate signs up to 10 square feet in size shall be allowed until 1 month after the sale is finalized.
f. Signs for quasi-public uses to include churches, schools, libraries, hospitals, and nursing homes shall be a maximum of 25 square feet in size, and shall require a Special Use Permit. If the sign is to be freestanding, it shall be setback 15 feet from the street edge.
4. Billboards shall not be allowed.
5. Interior Illuminated Window Signs - Inside illuminated signs shall be a maximum of 2 square feet each and no more than 5% of the front window area can contain such signs. No permit is required. More than these maximum limits shall require a Special Use Permit.
6. Residential Development Signs - Signs advertising a subdivision or multiple-family development shall be allowed by Special Use Permit. A maximum size of 50 square feet shall be permitted and said signs may be illuminated.
7. Home Occupation Signs - See Supplemental Section on Home Occupations.
D. General Regulations for Business Signs - The following general regulations shall only apply to signs for which regulations covered herein are not covered in other more specific subsections.
(1) The sign size provided represents the maximum square feet allowed per Business or 20% of the building front, whichever is greater.
(2) Sign proposed to be located 100 feet or less from a Residential District shall require a Special Use Permit.
Sizes of Signs-
SECTION 629 SEASONAL RECREATION CAMPS
Seasonal Recreation Camps shall be permitted according to the General Provisions of this Zoning Law.
SECTION 630 SIGNS
A. Purpose - The intent of this section is to preserve and enhance the Commercial and Industrial Districts, by encouraging signs in character and scale with individual buildings and with the municipality to avoid a chaotic, unsafe, or unattractive clutter of signs by prohibiting signs or advertising devices which are inappropriate, in size or type, to municipal character; and to protect the character of the Residential Districts by strictly limiting signs within them.
B. Administration -
1. Permits Required - Except as listed in paragraphs B2 and B3, a Zoning Permit shall be required before an outdoor sign is created, altered, relocated, or enlarged. A permit shall not be issued until all applicable sign regulations are met. All requests for permits must be accompanied by a plan drawn to scale showing the exact size, shape, location, and type of sign.
2. Exempt Signs - The following signs shall be exempt from all regulations of this Section - Public signs such as directional, street, traffic, and personal identification signs not more than 2 square feet in size.
3. Signs Requiring No Permit - The following signs shall be subject to all regulations of this section but shall be exempt from obtaining a permit as required above:
a. Temporary Signs to include contractor signs, political signs and fruit stand signs (see C3 below);
b. Non-illuminated, indoor signs;
c. Realty signs; and
d. Household sale signs. (See C3c below.)
C. Specific Regulations by Sign Type - Specific regulations shall take precedence over the more general sign regulations.
1. Signs Attached to Buildings -
a. No sign parallel to the building shall project more than 12 inches from the building wall on which it is attached.
b. No sign shall project higher than a roof -line.
c. No sign shall be permitted to be mounted on the roof of a building above the roof -line.
d. No sign shall extend higher than 18 feet in height as measured from the ground.
2. Freestanding Signs
a. Freestanding signs within the Business and Industrial Districts shall be in accordance with the following:
1. Height - A maximum height of 25 feet from the ground to the top of the sign shall be allowed.
2. Setback - Freestanding signs shall be set back a minimum of 15 feet from the road edge.
b. Freestanding signs in Residential and Conservation Districts shall be by Special Use Permit only.
3. Temporary Sign Regulations - The following specific regulations shall apply to temporary signs:
a. Contractor signs shall be allowed during periods from when the job commences and is completed. The sign must be removed if substantial progress on the job is not taking place. The maximum size shall be 10 square feet.
b. Political signs up to 32 square feet in size shall be allowed 4 weeks before and up to 1 week after the election and it shall be the responsibility of the candidate to comply with this regulation. Permission from the property owner must be received prior to sign placement.
c. Household Sale signs shall be permitted in accordance with the following regulations:
(1) Maximum Size - no more than 4 feet high by 4 feet wide.
(2) Maximum Number - no more than 6 signs shall be used and permission must be received from property owners where off premise signs are located.
(3) Location - Signs shall not be placed on utility poles.
(4) Illumination - Signs shall not be illuminated.
(5) Time - Household signs may be erected two days before the sale starts and must be removed within 24 hours of the last day of the sale.
d. Seasonal On-Premise Roadside Stand Signs shall be allowed in accordance with the following conditions:
(l) Maximum Size - 16 sq. ft. (Limited Stand) and 100 sq. ft. (General Stand).
(2) Maximum Number - No more than 2 signs shall be used per property with more signs requiring a Special Use Permit.
(3) Location - Signs shall not be placed on off premise trees or utility poles.
(4) Illumination - Signs shall not be illuminated.
(5) Time - Roadside stand signs shall only be permitted during the season in which the agricultural product being sold is available.
(6) Permits - No permit shall be required for seasonal on premise roadside stand signs.
e. Real estate signs up to 10 square feet in size shall be allowed until 1 month after the sale is finalized.
f. Signs for quasi-public uses to include churches, schools, libraries, hospitals, and nursing homes shall be a maximum of 25 square feet in size, and shall require a Special Use Permit. If the sign is to be freestanding, it shall be setback 15 feet from the street edge.
4. Billboards shall not be allowed.
5. Interior Illuminated Window Signs - Inside illuminated signs shall be a maximum of 2 square feet each and no more than 5% of the front window area can contain such signs. No permit is required. More than these maximum limits shall require a Special Use Permit.
6. Residential Development Signs - Signs advertising a subdivision or multiple-family development shall be allowed by Special Use Permit. A maximum size of 50 square feet shall be permitted and said signs may be illuminated.
7. Home Occupation Signs - See Supplemental Section on Home Occupations.
D. General Regulations for Business Signs - The following general regulations shall only apply to signs for which regulations covered herein are not covered in other more specific subsections.
(1) The sign size provided represents the maximum square feet allowed per Business or 20% of the building front, whichever is greater.
(2) Sign proposed to be located 100 feet or less from a Residential District shall require a Special Use Permit.
Sizes of Signs-
Permit Type For
|
Max . Sq. Ft.
|
Districts
Res.
Bus. Cons. Ind. LEGEND:
R - By Right Permit
sp/u – Special Use NA - Not Allowed |
On
Prem.
R
R R R |
Off
Prem.
sp/u
sp/u sp/u sp/u |
On
Prem.
24’
48’ 48’ 64’ |
OffPrem.
24’
48’ 48’ 64’ |
Maximum Number Signs
|
Note: More than the maximum number of signs shall be allowed by Special Use Permit with conditions attached if it can be accomplished in good character with the neighborhood and does not exceed size requirements.
E. General Regulations -
1. Condition -
a. Every permitted sign must be constructed of durable materials and kept in good condition and repair.
b. It shall be the responsibility of the property owner to at all times maintain the sign in good and safe condition.
2. Location -
a. Traffic -
(1) No sign shall be so located that the sign might interfere with traffic, be confused with or obstruct the view or effectiveness of any official traffic sign, signal or marking.
(2) No sign shall be stapled, pasted or otherwise attached to utility poles or trees or within a road or street right-of-way.
b. Ingress and /or Egress -
(l) No sign shall be located which shall prevent free ingress or egress from any window, door, or fire escape.
(2) No sign shall be so placed that it will obscure light and/or air movement from a building.
3. Illumination -
a. No off premise neon signs are permitted.
b. Illuminating arrangements for signs shall be such that the light is concentrated on the sign with a minimal spillover cast on the street, sidewalk or adjacent properties.
c. Signs that contain, include or are illuminated by any flashing, intermittent or moving lights are prohibited.
4. Moving Parts -
a. No signs shall utilize moving parts.
b. Pennants, banners, flags, bunting whirligigs, or other similar attention-getting devices shall not be permitted where their purpose is to advertise or bring attention to a commercial business operation. This provision does not apply to the displaying of a national, state, or other flags not intended for advertising.
F. Cessation -
1. If a use ceases for a period of 1 year, all detached signs must be removed.
2. Such signs may be removed by the municipality at the expense of the owner or lessee of the property on which the sign is located if the sign has not been removed after 30 days' notice. All state laws will be complied with in causing removal of any sign.
G. NYS Regulations -
1. New York State Highway regulations related to outdoor advertising must also be complied with where applicable.
H. Preexisting Signs -
l. General Regulations Covered - Legally existing nonconforming signs shall be required to comply with the following general paragraphs:
1. Part E1, Conditions; and
2. Part F, Cessation;
Compliance - Sign owners notified of a violation must comply within 3 months of notification.
SECTION 631 SOLAR SYSTEMS
In order to promote and protect the use of solar systems (active and passive) the following regulations shall apply:
A. Solar Permit and Placement - The placement of structures or modification of existing structures which are to contain solar systems shall be by Special Use Permit if protection is to be sought under part B of this section. If no protection is sought for a solar system, then no permit shall be required for the installation unless the floor space is increased. Consideration should be given to locating the solar structure the furthest distance from adjoining properties, on the southern exposure. This distance shall be a minimum of 100 feet and may be required to be more if the slope so dictates.
B. Notification - If protection is sought, owners of all properties, within 200 feet of the property on which the solar collector is to be placed will be notified in writing of the intent to place a solar system in the neighborhood, and the possible effects that this could have on future development. The date, time, and location of the public hearing shall be included in the notification.
SECTION 632 STORAGE STRUCTURES
A. Purpose - Storage structures are regulated to insure that they are properly located so as to protect the rights associated with neighboring properties with respect to visibility, light and air movement, fire safety, and aesthetics.
B. Administration - All storage structures shall, as a minimum, require a Permit By Right while storage sheds over 150 square feet which are located in a Residential District shall require a Special Use Permit. Multiple storage sheds shall be aggregately considered to determine if the 150 square foot requirement is surpassed.
C. Conditions -
1. Area Requirements - The accessory area requirements for each district shall be met.
2. Lakeshore Regulations - Refer to the supplemental section on Lakeshore Regulations for additional requirements for any storage shed that is proposed to be located on a parcel adjacent to a lake.
3. Vacant Lots - In Residential District a storage structure may be placed on a vacant lot if it meets appropriate yard requirements and if it is accessory to a primary use located within 200 feet. For all other districts, storage structures need not be accessory, to a residential unit.
4. Truck Storage - For any truck, semi-trailer or other similar unit to be used for storage, a Special Use Permit shall be required. In residential districts, trucks and similar units shall only be allowed if they will have a negligible effect on the neighborhood.
SECTION 633 SWIMMING POOLS ( PRIVATE )
A. Purpose - The primary purpose of this section is to promote the safe installation and maintenance of private swimming pools.
B. Conditions - Private swimming pools shall be required to meet the following conditions:
1. Permits - It shall be unlawful to maintain, construct, erect, install, modify, alter, demolish or change any swimming pool, or to permit any such acts, without first obtaining a Zoning Permit, and then only as an accessory to a dwelling, for the private use of the owners, or occupants, of such dwelling, and their families and guests.
2. Fences – Outdoor swimming pools shall be provided with an enclosure which shall comply with the following:
a. Shall be at least four feet in height and have a maximum vertical clearance to grade of two inches.
b. Where a picket type fence is provided, horizontal openings between pickets shall not exceed 4 inches.
c. Where a chain-link fence is provided, the openings between links shall not exceed 2 3/8 inches.
d. Enclosure shall be constructed so as not to provide footholds.
e. Pickets and chain-link twists shall extend above the upper horizontal bar.
f. Such enclosure shall have railings and posts within the enclosure, which shall be capable of resisting a minimum lateral load of 150 pounds applied midway between posts and at top of posts, respectively. Enclosures, fence material or fabric shall be capable of withstanding a concentrated lateral load of 50 pounds applied anywhere between supports on an area 12 inches square, without failure or permanent deformation. Gates provided in the enclosure shall be self-closing and self-latching with the latch handle located within the enclosure and at least 40 inches above grade; and
g. A wall of a multiple dwelling is permitted to serve as part of the enclosure, provided that there is no direct access from the dwelling to the pool.
EXEMPTIONS:
a. Above-ground pools with at least 46 inches between pool decking or pool top and adjoining grade, are exempt from the requirements of above section 633 of this part, provided that their access ladder or steps can be blocked in an approved manner when not intended for use.
b. A pool less than 24 inches deep is exempt from the requirements of section 633.
3. Health Standards - Such pool shall be maintained in a manner sufficient to meet the bacterial standards established by the provisions of the New York State Sanitary Code relating to public swimming pools.
4. Drainage - It shall be insured that provisions for the drainage of such pools are adequate and will not interfere with the public water supply system, or existing sanitary facilities.
5. Noise - Such pool shall be equipped with an integral filtration system and filter pumps or other mechanical devices which shall be so located and constructed as not to interfere with the peace, comfort, and repose of the occupant of any adjoining property.
6. Setback Requirements - Pool shall be installed in accordance with the area requirements of the appropriate district.
C. Preexisting Uses - Pools in existence prior to the enactment of this Law shall, within two months, comply with the following conditions in the previous paragraphs: B2, Fences; B3, Health Standards; and B4, Drainage.
SECTION 634 TV DISH ANTENNAS
A. Purpose - The purpose of this section is to protect the aesthetic values of the community and the health and safety of its citizens. This section recognizes that the most visible parts of our environment are the public streets and the abutting front yards, and that the appearance of these areas largely sets the character and quality of our environment. Large TV dish antennas are intrusive and incompatible elements when installed in front yards and seriously impair the aesthetic qualities of residential streets and properties. Further, dish antennas in highly visible and accessible locations are an attractive nuisance for small children who might attempt to climb and play on them, and a tempting target for vandals; particularly during dark hours. Therefore, it is the intent and purpose of this section to require that TV dish antennas (over 4 feet in diameter) be located inconspicuously.
B. Conditions -
1. Location of Large TV Dish Antennas Over 4' in Diameter - Primary structure area standards (front, side, and rear yards) shall be met. Large dish antennas shall not be located in a front yard and they shall be as inconspicuously located in relation to adjacent structures as is reasonably possible.
2. Advertising - Advertising located on the dish shall be limited to identification lettering of the business that sold the dish to the landowner.
SECTION 635 TEMPORARY DWELLING UNITS (TRANSPORTABLE)
A. Purpose - The primary purpose of this section is to limit the use of travel trailers and other temporary dwelling units to uses for which they are intended, namely, seasonal/recreational use. Ultimately, the protection of neighborhoods is promoted with respect to health and general quality. Commercial travel trailer parks are not subject to regulation under this section.
B. Inhabitation Time - Travel trailer, motor homes and other similar uses, may be occupied only by non-renters and on a temporary basis in accordance with the following chart. No permit or fee is required unless the number of inhabitation days desired is greater than that specified, in which case a Special Use Permit must be requested.
E. General Regulations -
1. Condition -
a. Every permitted sign must be constructed of durable materials and kept in good condition and repair.
b. It shall be the responsibility of the property owner to at all times maintain the sign in good and safe condition.
2. Location -
a. Traffic -
(1) No sign shall be so located that the sign might interfere with traffic, be confused with or obstruct the view or effectiveness of any official traffic sign, signal or marking.
(2) No sign shall be stapled, pasted or otherwise attached to utility poles or trees or within a road or street right-of-way.
b. Ingress and /or Egress -
(l) No sign shall be located which shall prevent free ingress or egress from any window, door, or fire escape.
(2) No sign shall be so placed that it will obscure light and/or air movement from a building.
3. Illumination -
a. No off premise neon signs are permitted.
b. Illuminating arrangements for signs shall be such that the light is concentrated on the sign with a minimal spillover cast on the street, sidewalk or adjacent properties.
c. Signs that contain, include or are illuminated by any flashing, intermittent or moving lights are prohibited.
4. Moving Parts -
a. No signs shall utilize moving parts.
b. Pennants, banners, flags, bunting whirligigs, or other similar attention-getting devices shall not be permitted where their purpose is to advertise or bring attention to a commercial business operation. This provision does not apply to the displaying of a national, state, or other flags not intended for advertising.
F. Cessation -
1. If a use ceases for a period of 1 year, all detached signs must be removed.
2. Such signs may be removed by the municipality at the expense of the owner or lessee of the property on which the sign is located if the sign has not been removed after 30 days' notice. All state laws will be complied with in causing removal of any sign.
G. NYS Regulations -
1. New York State Highway regulations related to outdoor advertising must also be complied with where applicable.
H. Preexisting Signs -
l. General Regulations Covered - Legally existing nonconforming signs shall be required to comply with the following general paragraphs:
1. Part E1, Conditions; and
2. Part F, Cessation;
Compliance - Sign owners notified of a violation must comply within 3 months of notification.
SECTION 631 SOLAR SYSTEMS
In order to promote and protect the use of solar systems (active and passive) the following regulations shall apply:
A. Solar Permit and Placement - The placement of structures or modification of existing structures which are to contain solar systems shall be by Special Use Permit if protection is to be sought under part B of this section. If no protection is sought for a solar system, then no permit shall be required for the installation unless the floor space is increased. Consideration should be given to locating the solar structure the furthest distance from adjoining properties, on the southern exposure. This distance shall be a minimum of 100 feet and may be required to be more if the slope so dictates.
B. Notification - If protection is sought, owners of all properties, within 200 feet of the property on which the solar collector is to be placed will be notified in writing of the intent to place a solar system in the neighborhood, and the possible effects that this could have on future development. The date, time, and location of the public hearing shall be included in the notification.
SECTION 632 STORAGE STRUCTURES
A. Purpose - Storage structures are regulated to insure that they are properly located so as to protect the rights associated with neighboring properties with respect to visibility, light and air movement, fire safety, and aesthetics.
B. Administration - All storage structures shall, as a minimum, require a Permit By Right while storage sheds over 150 square feet which are located in a Residential District shall require a Special Use Permit. Multiple storage sheds shall be aggregately considered to determine if the 150 square foot requirement is surpassed.
C. Conditions -
1. Area Requirements - The accessory area requirements for each district shall be met.
2. Lakeshore Regulations - Refer to the supplemental section on Lakeshore Regulations for additional requirements for any storage shed that is proposed to be located on a parcel adjacent to a lake.
3. Vacant Lots - In Residential District a storage structure may be placed on a vacant lot if it meets appropriate yard requirements and if it is accessory to a primary use located within 200 feet. For all other districts, storage structures need not be accessory, to a residential unit.
4. Truck Storage - For any truck, semi-trailer or other similar unit to be used for storage, a Special Use Permit shall be required. In residential districts, trucks and similar units shall only be allowed if they will have a negligible effect on the neighborhood.
SECTION 633 SWIMMING POOLS ( PRIVATE )
A. Purpose - The primary purpose of this section is to promote the safe installation and maintenance of private swimming pools.
B. Conditions - Private swimming pools shall be required to meet the following conditions:
1. Permits - It shall be unlawful to maintain, construct, erect, install, modify, alter, demolish or change any swimming pool, or to permit any such acts, without first obtaining a Zoning Permit, and then only as an accessory to a dwelling, for the private use of the owners, or occupants, of such dwelling, and their families and guests.
2. Fences – Outdoor swimming pools shall be provided with an enclosure which shall comply with the following:
a. Shall be at least four feet in height and have a maximum vertical clearance to grade of two inches.
b. Where a picket type fence is provided, horizontal openings between pickets shall not exceed 4 inches.
c. Where a chain-link fence is provided, the openings between links shall not exceed 2 3/8 inches.
d. Enclosure shall be constructed so as not to provide footholds.
e. Pickets and chain-link twists shall extend above the upper horizontal bar.
f. Such enclosure shall have railings and posts within the enclosure, which shall be capable of resisting a minimum lateral load of 150 pounds applied midway between posts and at top of posts, respectively. Enclosures, fence material or fabric shall be capable of withstanding a concentrated lateral load of 50 pounds applied anywhere between supports on an area 12 inches square, without failure or permanent deformation. Gates provided in the enclosure shall be self-closing and self-latching with the latch handle located within the enclosure and at least 40 inches above grade; and
g. A wall of a multiple dwelling is permitted to serve as part of the enclosure, provided that there is no direct access from the dwelling to the pool.
EXEMPTIONS:
a. Above-ground pools with at least 46 inches between pool decking or pool top and adjoining grade, are exempt from the requirements of above section 633 of this part, provided that their access ladder or steps can be blocked in an approved manner when not intended for use.
b. A pool less than 24 inches deep is exempt from the requirements of section 633.
3. Health Standards - Such pool shall be maintained in a manner sufficient to meet the bacterial standards established by the provisions of the New York State Sanitary Code relating to public swimming pools.
4. Drainage - It shall be insured that provisions for the drainage of such pools are adequate and will not interfere with the public water supply system, or existing sanitary facilities.
5. Noise - Such pool shall be equipped with an integral filtration system and filter pumps or other mechanical devices which shall be so located and constructed as not to interfere with the peace, comfort, and repose of the occupant of any adjoining property.
6. Setback Requirements - Pool shall be installed in accordance with the area requirements of the appropriate district.
C. Preexisting Uses - Pools in existence prior to the enactment of this Law shall, within two months, comply with the following conditions in the previous paragraphs: B2, Fences; B3, Health Standards; and B4, Drainage.
SECTION 634 TV DISH ANTENNAS
A. Purpose - The purpose of this section is to protect the aesthetic values of the community and the health and safety of its citizens. This section recognizes that the most visible parts of our environment are the public streets and the abutting front yards, and that the appearance of these areas largely sets the character and quality of our environment. Large TV dish antennas are intrusive and incompatible elements when installed in front yards and seriously impair the aesthetic qualities of residential streets and properties. Further, dish antennas in highly visible and accessible locations are an attractive nuisance for small children who might attempt to climb and play on them, and a tempting target for vandals; particularly during dark hours. Therefore, it is the intent and purpose of this section to require that TV dish antennas (over 4 feet in diameter) be located inconspicuously.
B. Conditions -
1. Location of Large TV Dish Antennas Over 4' in Diameter - Primary structure area standards (front, side, and rear yards) shall be met. Large dish antennas shall not be located in a front yard and they shall be as inconspicuously located in relation to adjacent structures as is reasonably possible.
2. Advertising - Advertising located on the dish shall be limited to identification lettering of the business that sold the dish to the landowner.
SECTION 635 TEMPORARY DWELLING UNITS (TRANSPORTABLE)
A. Purpose - The primary purpose of this section is to limit the use of travel trailers and other temporary dwelling units to uses for which they are intended, namely, seasonal/recreational use. Ultimately, the protection of neighborhoods is promoted with respect to health and general quality. Commercial travel trailer parks are not subject to regulation under this section.
B. Inhabitation Time - Travel trailer, motor homes and other similar uses, may be occupied only by non-renters and on a temporary basis in accordance with the following chart. No permit or fee is required unless the number of inhabitation days desired is greater than that specified, in which case a Special Use Permit must be requested.
Maximum Number of Days
District
Res.
Bus. Ind. Cons. |
Inhabited Per Time Period
2 weeks per 3 months
4 weeks per 3 months 6 months per year 6 months per year |
C. Conditions -
1. Inhabitation - To be inhabited in an Industrial and Conservation District, the travel trailer need not be located on a lot which contains an inhabited dwelling. For all other districts, the lot must have an inhabited dwelling. It is intended that travel trailers be generally inhabited by visitors/guests and not be residents of the principal dwelling unit.
2. Storage - A travel trailer may be stored (uninhabited) on any lot indefinitely.
3. Setbacks - Front, side, and rear yard setbacks shall be met in the placement of the travel trailer.
4. Utilities - Permanent utility systems, used exclusively for temporary dwellings in residential or commercial districts, shall not be constructed.
5. Nuisances - Accessory dwellings may not be utilized in a manner to cause a nuisance.
6. Field Offices - Contractors may use temporary dwellings for "field offices" after obtaining a permit. Additionally, temporary dwelling units may be utilized by owner/builders during the construction of a structure.
7. Maintenance - All travel trailers shall be maintained in a condition suitable for highway use and capable of passing a state inspection.
D. Preexisting Uses - Storage and occupancy of travel trailers, already in existence as of the effective date of this Law, shall within 1 year be in compliance with this section.
SECTION 636 TEMPORARY MOBILE HOMES
A. Purpose - The control of mobile homes in districts where they are normally not allowed is the primary goal of this section.
B. In Conjunction with Construction (Inhabited) -
1. Administration - A temporary Special Use Permit may be applied for in conjunction with the construction of a dwelling unit.
2. Conditions - The following conditions may be attached to the permit:
a. A time schedule for commencement and completion of the dwelling unit. As a minimum, construction on the dwelling unit shall begin within 1 year from the date when the mobile home is placed temporarily on the lot. Additionally, the mobile home shall be removed within 3 years from the date it was first placed on the lot, at which time the dwelling unit shall be habitable.
b. The placement of the mobile home on the lot shall be in accordance with area standards unless the Municipal Board determines that such conforming placement would not be practical, in which case the conditions will be specified.
c. Due to the temporary nature of the permit, the mobile home need not be skirted.
C. Not Inhabited -
1. Administration - A mobile home may be stored uninhabited within a district which allows mobile homes by right or by Special Use Permit only after a temporary Special Use Permit has been granted.
2. Conditions to be considered include: time limitations and placement location.
SECTION 637 TOPSOIL / EXCAVATION
A. Purpose - During the construction of a foundation, general landscaping, or any other extensive excavating project, a person, firm, corporation, etc., shall not strip, excavate, or otherwise remove soil/gravel unless the following conditions are met:
B. Conditions -
1. Topsoil - Topsoil is replenished or left with sufficient amounts to support future development needs.
2. Steep Slopes - The creation of steep slopes shall be limited to the greatest extent possible.
3. Groundwater Runoff - Runoff will not be caused to flow into neighboring properties, to pool, or cause erosion. A storm water drainage plan for both the construction period and the long term should be considered when slope and soil types dictate. A minimum amount of siltation should be allowed to leave the site.
4. Time Requirement - All of the above conditions shall be met within 1 year from the time the project started. However, the Municipal Board shall have the power to grant extensions or shorten the time frame for just cause after receiving a written request that includes the reasons for the request.
SECTION 638 TOWERS / WINDMILLS
A. Purpose - All towers over 60 feet in height as well as all windmills shall be regulated for the purpose of assuring safe installations which are properly located.
B. The following conditions shall be considered for inclusion in the permit:
1. Location - Towers over 60 feet and all windmills shall be located a distance from surrounding residential structures sufficiently so as to not cause a nuisance, due to noise, appearance or other factors.
2. Buffer - The placement or retention of buffers shall be required where they would improve the compatibility of the use with surrounding areas.
3. Attractive Nuisance - The base of towers over 60 feet in height and windmills shall be sufficiently protected from entry either by tower/windmill design or by protective fences, etc. Where guy wires are utilized, the anchor points shall be sufficiently protected to minimize the possibility of hitting the guy wires with recreational vehicles. Additionally, a sign shall be conspicuously placed near the base of a communications tower and it shall generally state that danger exists and that no access is permitted.
4. Other Regulations - State and federal regulations governing towers or windmills must be complied with.
5. Only one tower or windmill shall be located on any one lot.
C. Preexisting Towers - All towers utilizing guy wires in existence at the time of enactment of this section shall be brought into compliance with part B3 within 6 months from date of written notification.
SECTION 639 TOXIC WASTE / FLAMMABLE LIQUIDS
A. Purpose - For the purpose of protecting present and future generations from the potentially harmful health and safety effects of toxic and flammable materials, the following regulations shall apply to new Industries/Business:
B. Conditions -
1. Toxic Waste - It shall be unlawful to maintain, store, bury or in any other way keep solid or liquid wastes, which are considered to be toxic or hazardous. However, toxic wastes, which are the results of a locally operated manufacturing process shall be permitted to be temporarily stored for a reasonable period of time pending proper disposal.
2. Flammable Liquids - It shall be unlawful to maintain flammable liquids used in commercial operations within 200 feet of any inhabited dwelling unit. The storage of any flammable liquid must be in accordance with state and local regulations. Farm operations shall not be subject to this regulation.
SECTION 640 TRASH STORAGE
A. Purpose - It is the intent of this section to minimize safety, health, and aesthetically related problems by controlling the storage of trash in accordance with the needs of each district.
B. Conditions for Temporary Storage
1. Quantity - Trash may be temporarily stored or collected if it does not exceed the following limits. More than the maximum shall require a Special Use Permit.
1. Inhabitation - To be inhabited in an Industrial and Conservation District, the travel trailer need not be located on a lot which contains an inhabited dwelling. For all other districts, the lot must have an inhabited dwelling. It is intended that travel trailers be generally inhabited by visitors/guests and not be residents of the principal dwelling unit.
2. Storage - A travel trailer may be stored (uninhabited) on any lot indefinitely.
3. Setbacks - Front, side, and rear yard setbacks shall be met in the placement of the travel trailer.
4. Utilities - Permanent utility systems, used exclusively for temporary dwellings in residential or commercial districts, shall not be constructed.
5. Nuisances - Accessory dwellings may not be utilized in a manner to cause a nuisance.
6. Field Offices - Contractors may use temporary dwellings for "field offices" after obtaining a permit. Additionally, temporary dwelling units may be utilized by owner/builders during the construction of a structure.
7. Maintenance - All travel trailers shall be maintained in a condition suitable for highway use and capable of passing a state inspection.
D. Preexisting Uses - Storage and occupancy of travel trailers, already in existence as of the effective date of this Law, shall within 1 year be in compliance with this section.
SECTION 636 TEMPORARY MOBILE HOMES
A. Purpose - The control of mobile homes in districts where they are normally not allowed is the primary goal of this section.
B. In Conjunction with Construction (Inhabited) -
1. Administration - A temporary Special Use Permit may be applied for in conjunction with the construction of a dwelling unit.
2. Conditions - The following conditions may be attached to the permit:
a. A time schedule for commencement and completion of the dwelling unit. As a minimum, construction on the dwelling unit shall begin within 1 year from the date when the mobile home is placed temporarily on the lot. Additionally, the mobile home shall be removed within 3 years from the date it was first placed on the lot, at which time the dwelling unit shall be habitable.
b. The placement of the mobile home on the lot shall be in accordance with area standards unless the Municipal Board determines that such conforming placement would not be practical, in which case the conditions will be specified.
c. Due to the temporary nature of the permit, the mobile home need not be skirted.
C. Not Inhabited -
1. Administration - A mobile home may be stored uninhabited within a district which allows mobile homes by right or by Special Use Permit only after a temporary Special Use Permit has been granted.
2. Conditions to be considered include: time limitations and placement location.
SECTION 637 TOPSOIL / EXCAVATION
A. Purpose - During the construction of a foundation, general landscaping, or any other extensive excavating project, a person, firm, corporation, etc., shall not strip, excavate, or otherwise remove soil/gravel unless the following conditions are met:
B. Conditions -
1. Topsoil - Topsoil is replenished or left with sufficient amounts to support future development needs.
2. Steep Slopes - The creation of steep slopes shall be limited to the greatest extent possible.
3. Groundwater Runoff - Runoff will not be caused to flow into neighboring properties, to pool, or cause erosion. A storm water drainage plan for both the construction period and the long term should be considered when slope and soil types dictate. A minimum amount of siltation should be allowed to leave the site.
4. Time Requirement - All of the above conditions shall be met within 1 year from the time the project started. However, the Municipal Board shall have the power to grant extensions or shorten the time frame for just cause after receiving a written request that includes the reasons for the request.
SECTION 638 TOWERS / WINDMILLS
A. Purpose - All towers over 60 feet in height as well as all windmills shall be regulated for the purpose of assuring safe installations which are properly located.
B. The following conditions shall be considered for inclusion in the permit:
1. Location - Towers over 60 feet and all windmills shall be located a distance from surrounding residential structures sufficiently so as to not cause a nuisance, due to noise, appearance or other factors.
2. Buffer - The placement or retention of buffers shall be required where they would improve the compatibility of the use with surrounding areas.
3. Attractive Nuisance - The base of towers over 60 feet in height and windmills shall be sufficiently protected from entry either by tower/windmill design or by protective fences, etc. Where guy wires are utilized, the anchor points shall be sufficiently protected to minimize the possibility of hitting the guy wires with recreational vehicles. Additionally, a sign shall be conspicuously placed near the base of a communications tower and it shall generally state that danger exists and that no access is permitted.
4. Other Regulations - State and federal regulations governing towers or windmills must be complied with.
5. Only one tower or windmill shall be located on any one lot.
C. Preexisting Towers - All towers utilizing guy wires in existence at the time of enactment of this section shall be brought into compliance with part B3 within 6 months from date of written notification.
SECTION 639 TOXIC WASTE / FLAMMABLE LIQUIDS
A. Purpose - For the purpose of protecting present and future generations from the potentially harmful health and safety effects of toxic and flammable materials, the following regulations shall apply to new Industries/Business:
B. Conditions -
1. Toxic Waste - It shall be unlawful to maintain, store, bury or in any other way keep solid or liquid wastes, which are considered to be toxic or hazardous. However, toxic wastes, which are the results of a locally operated manufacturing process shall be permitted to be temporarily stored for a reasonable period of time pending proper disposal.
2. Flammable Liquids - It shall be unlawful to maintain flammable liquids used in commercial operations within 200 feet of any inhabited dwelling unit. The storage of any flammable liquid must be in accordance with state and local regulations. Farm operations shall not be subject to this regulation.
SECTION 640 TRASH STORAGE
A. Purpose - It is the intent of this section to minimize safety, health, and aesthetically related problems by controlling the storage of trash in accordance with the needs of each district.
B. Conditions for Temporary Storage
1. Quantity - Trash may be temporarily stored or collected if it does not exceed the following limits. More than the maximum shall require a Special Use Permit.
Districts
Res.
Bus. Ind. Cons. |
Maximum Cubic Feet
60 per dwelling unit (1- 2 yds.)
432 (2- 8 yds.) 960 (4 - 8 yds) 60 (1- 2 yds) |
2. Only trash originating from the parcel on which the container is placed shall be allowed.
3. Location - Trash must be stored in 1 contiguous location. All new accumulations of trash created after the enactment of this Law shall be out of sight of highways and adjacent properties to the greatest degree possible. Additionally, new accumulations of trash shall be placed a minimum of 200 feet from any parcel boundary or public roadways if the parcel size permits.
4. Buffer - Trash shall be located so as to be not visible from adjacent properties and roadways; otherwise, artificial barriers (e.g., fences, shrubs, etc.) shall be used to screen the trash.
5. Disposal - Trash shall be stored only as long as necessary and shall be disposed of in a timely manner, not to exceed 60 days.
6. Covers - All dumpsters and storage containers shall have a top that shall be utilized.
7. Preexisting - These conditions shall apply to all trash existing at the time of enactment of this Law.
SECTION 641 TRAVEL TRAILER PARKS (COMMERCIAL CAMPGROUND)
A. Purpose - The purpose of this section is to protect existing neighborhoods from intense development associated with travel trailer parks. Consideration will be given to aesthetics, buffers, safe access, and other reasonable conditions.
B. Conditions -Travel trailer parks shall comply with the following standards:
1. Area & Setbacks -
a. All lots (pads) shall be a minimum of 75 feet from any public highway.
b. A 100 feet wide buffer zone of appropriate vegetation shall be provided around the circumference of the park where adjacent property use is of such a nature that there could be conflicts. No travel trailers or other structures shall be located in the buffer area.
c. Minimum lot sizes shall be 2,500 square feet for a vacation camp and 1,500 square feet for overnight camps.
2. Streets & Walkways -
a. Access to the park must be designed to assure safe and convenient movement of traffic into and out of the park with a minimum disruption of traffic on adjacent public roads. This shall include a minimum clear view of 150 feet while pulling out onto the adjacent public roadways.
b. Walkways shall be provided to service buildings.
c. All park roadways shall be a minimum of 50 feet from any property line except for the entry and exit roads.
d. Park roads shall be constructed or treated in such a manner so as to minimize the creation of dust or mud.
3. Parking - Off-street parking, loading, and maneuvering space shall be provided.
4. Occupancy - The maximum length of occupancy per year shall be 8 months. Trailers shall not be utilized as a permanent residence.
5. Accessory Uses - Accessory uses such as snack bars, recreation facilities, showers, laundries, etc., customarily associated with travel trailer parks shall be permitted. However, the land utilized in this manner should not account for more than 10% of the total area of the park and the services shall be directed towards the occupants of the park. Finally, no commercial character shall be visible from outside the park and such services shall only be allowed when the number of sites is sufficient to support these services.
6. Location - Parks shall not be located so as to cause heavy traffic to be directed through residential areas not accustomed to heavy traffic.
7. Lake Dockage - All docks shall begin on the shoreline no less than 200 feet from all property lines abutting the shorelines.
8. Supervision - The park owner shall be responsible for having supervisory personnel on premises around the clock during the camping season for the purpose of policing the premises within the limits prescribed to him by law.
9. Nuisances - The park owner shall prevent any undue proliferation of smoke, dust, or any pollution of the air or water by the campers or campsites. Quiet hours shall be established by the owner, as necessary.
SECTION 642 VEHICLE REPAIR / AUTO BODY REPAIR SHOP
A. Purpose - In order to preserve the character of neighborhoods and promote safe and aesthetically pleasing repair shops, all such shops shall be reviewed in accordance with the following conditions:
B. Conditions - The following conditions shall be met:
1. Storage of Vehicles Awaiting Repairs
a. 1 to 3 vehicles stored outside awaiting repairs shall be kept in one contiguous location and neatly arranged.
b. Where 4 to 10 vehicles are temporarily stored outdoors, they shall be screened by an appropriate fence that makes it impossible to view the vehicles from adjacent roads or properties.
c. The temporary storage of over 10 vehicles outdoors shall be prohibited.
2. Hours of Operation - The hours of operation shall be derived so as to limit the noise during non-business hours.
3. Area Requirements - The lot on which the shop is to be located shall be a minimum of l-l/2 times the minimum lot size for the appropriate district (other use category).
4. Buffers - Where deemed necessary, appropriate buffers shall be required.
5. Trash - The supplemental section 640 on trash shall be complied with.
6. Other Conditions - Conditions listed in supplemental section on "General Conditions" may be required where deemed appropriate.
C. Preexisting Uses
1. Expansion and Enlargements - All expansions or enlargements of repair shops in existence prior to enactment of this Law shall be subject to the regulations of this section.
2. Preexisting Uses - Where it is determined at a public hearing held by the Zoning Board of Appeals that a nuisance exists with a preexisting use, then B1, Vehicle Storage; B2, Hours of Operation; B4, Trash; can be required to be enforced within a reasonable time period.
SECTION 643 VEHICLE SALES
A. Purpose - For the purpose of promoting safe and aesthetically pleasing motor vehicle sales lots, the following conditions are enacted:
B. Conditions -
1. Lot Size - Land area must be sufficient to handle vehicles, ingress and egress, and off-street parking.
2. Location - All vehicles being offered for sale shall be set back a minimum of 25 feet from the street edge and neatly arranged in an organized manner. Vehicles not offered for sale shall be located behind the main building setback line and, if necessary, it may be required that they be fenced in so as not to be visible.
3. Signs - All signs and advertising devices must comply with the supplemental sign section.
4. Traffic Safety - Ingress and egress must be safely located.
5. Buffer - As needed to provide compatibility with adjacent uses.
C. Preexisting Vehicle Sales Operations – All Vehicle Sales existing at the time of enactment of this law shall be subject to the regulation of this section 6 months from the date of notification in writing.
3. Location - Trash must be stored in 1 contiguous location. All new accumulations of trash created after the enactment of this Law shall be out of sight of highways and adjacent properties to the greatest degree possible. Additionally, new accumulations of trash shall be placed a minimum of 200 feet from any parcel boundary or public roadways if the parcel size permits.
4. Buffer - Trash shall be located so as to be not visible from adjacent properties and roadways; otherwise, artificial barriers (e.g., fences, shrubs, etc.) shall be used to screen the trash.
5. Disposal - Trash shall be stored only as long as necessary and shall be disposed of in a timely manner, not to exceed 60 days.
6. Covers - All dumpsters and storage containers shall have a top that shall be utilized.
7. Preexisting - These conditions shall apply to all trash existing at the time of enactment of this Law.
SECTION 641 TRAVEL TRAILER PARKS (COMMERCIAL CAMPGROUND)
A. Purpose - The purpose of this section is to protect existing neighborhoods from intense development associated with travel trailer parks. Consideration will be given to aesthetics, buffers, safe access, and other reasonable conditions.
B. Conditions -Travel trailer parks shall comply with the following standards:
1. Area & Setbacks -
a. All lots (pads) shall be a minimum of 75 feet from any public highway.
b. A 100 feet wide buffer zone of appropriate vegetation shall be provided around the circumference of the park where adjacent property use is of such a nature that there could be conflicts. No travel trailers or other structures shall be located in the buffer area.
c. Minimum lot sizes shall be 2,500 square feet for a vacation camp and 1,500 square feet for overnight camps.
2. Streets & Walkways -
a. Access to the park must be designed to assure safe and convenient movement of traffic into and out of the park with a minimum disruption of traffic on adjacent public roads. This shall include a minimum clear view of 150 feet while pulling out onto the adjacent public roadways.
b. Walkways shall be provided to service buildings.
c. All park roadways shall be a minimum of 50 feet from any property line except for the entry and exit roads.
d. Park roads shall be constructed or treated in such a manner so as to minimize the creation of dust or mud.
3. Parking - Off-street parking, loading, and maneuvering space shall be provided.
4. Occupancy - The maximum length of occupancy per year shall be 8 months. Trailers shall not be utilized as a permanent residence.
5. Accessory Uses - Accessory uses such as snack bars, recreation facilities, showers, laundries, etc., customarily associated with travel trailer parks shall be permitted. However, the land utilized in this manner should not account for more than 10% of the total area of the park and the services shall be directed towards the occupants of the park. Finally, no commercial character shall be visible from outside the park and such services shall only be allowed when the number of sites is sufficient to support these services.
6. Location - Parks shall not be located so as to cause heavy traffic to be directed through residential areas not accustomed to heavy traffic.
7. Lake Dockage - All docks shall begin on the shoreline no less than 200 feet from all property lines abutting the shorelines.
8. Supervision - The park owner shall be responsible for having supervisory personnel on premises around the clock during the camping season for the purpose of policing the premises within the limits prescribed to him by law.
9. Nuisances - The park owner shall prevent any undue proliferation of smoke, dust, or any pollution of the air or water by the campers or campsites. Quiet hours shall be established by the owner, as necessary.
SECTION 642 VEHICLE REPAIR / AUTO BODY REPAIR SHOP
A. Purpose - In order to preserve the character of neighborhoods and promote safe and aesthetically pleasing repair shops, all such shops shall be reviewed in accordance with the following conditions:
B. Conditions - The following conditions shall be met:
1. Storage of Vehicles Awaiting Repairs
a. 1 to 3 vehicles stored outside awaiting repairs shall be kept in one contiguous location and neatly arranged.
b. Where 4 to 10 vehicles are temporarily stored outdoors, they shall be screened by an appropriate fence that makes it impossible to view the vehicles from adjacent roads or properties.
c. The temporary storage of over 10 vehicles outdoors shall be prohibited.
2. Hours of Operation - The hours of operation shall be derived so as to limit the noise during non-business hours.
3. Area Requirements - The lot on which the shop is to be located shall be a minimum of l-l/2 times the minimum lot size for the appropriate district (other use category).
4. Buffers - Where deemed necessary, appropriate buffers shall be required.
5. Trash - The supplemental section 640 on trash shall be complied with.
6. Other Conditions - Conditions listed in supplemental section on "General Conditions" may be required where deemed appropriate.
C. Preexisting Uses
1. Expansion and Enlargements - All expansions or enlargements of repair shops in existence prior to enactment of this Law shall be subject to the regulations of this section.
2. Preexisting Uses - Where it is determined at a public hearing held by the Zoning Board of Appeals that a nuisance exists with a preexisting use, then B1, Vehicle Storage; B2, Hours of Operation; B4, Trash; can be required to be enforced within a reasonable time period.
SECTION 643 VEHICLE SALES
A. Purpose - For the purpose of promoting safe and aesthetically pleasing motor vehicle sales lots, the following conditions are enacted:
B. Conditions -
1. Lot Size - Land area must be sufficient to handle vehicles, ingress and egress, and off-street parking.
2. Location - All vehicles being offered for sale shall be set back a minimum of 25 feet from the street edge and neatly arranged in an organized manner. Vehicles not offered for sale shall be located behind the main building setback line and, if necessary, it may be required that they be fenced in so as not to be visible.
3. Signs - All signs and advertising devices must comply with the supplemental sign section.
4. Traffic Safety - Ingress and egress must be safely located.
5. Buffer - As needed to provide compatibility with adjacent uses.
C. Preexisting Vehicle Sales Operations – All Vehicle Sales existing at the time of enactment of this law shall be subject to the regulation of this section 6 months from the date of notification in writing.