The proposed special use is consistent with the general intent of the Town's Comprehensive Plan and with each of the specific purposes set forth in this chapter.

The location, size and use of the structures involved, nature and intensity of the operations involved and size and layout of the site in relation to the proposed special use are such that it will be compatible with the orderly development of the zoning district.

Operation of the proposed special use is no more objectionable to the uses of nearby properties, by reason of dust or smoke emission, noise, odors, fumes, pollution of air or water, including subsurface waters, unsightliness or similar conditions, than would be the operation of any permitted use.

The proposed special use satisfies each and all standards and conditions specified for such special use by the relevant provisions of this article.

The Planning Board may impose additional conditions or restrictions as it may deem necessary prior to approving any special use permit application in order to protect public health and safety, the quality of the Town's natural resource base and the value of property.

The Code Enforcement Officer shall make an on-site visit to each property authorized as a special use not less than one time each year. The purpose of said site visit is to insure that the use is being operated in accord with the conditions specified by the Planning Board. If the Code Enforcement Officer shall determine that a violation of this chapter or the conditions imposed by the Planning Board exists, the owner and, if applicable, operator of such special use shall be notified, in writing, of the violation. If such violation continues to exist 15 days following such notification, or if three violations occur within a consecutive twelve-month period, the certificate of occupancy and/or certificate of compliance shall be null and void. A new special use permit application shall be required to be submitted and approved prior to the reestablishment of said use.

No site preparation or construction shall commence nor shall existing structures be occupied for any special permit use until final site plan approval has been granted by the Planning Board and permits have been issued by all governmental agencies involved.

An application for the establishment, construction, enlargement or alteration of an airport shall include, in addition to requirements for special use permits outlined in Article IX, the following statements and information:

The Planning Board may, at its discretion, exclude from the requirements of Subsection A(8) above, any private airport established, constructed or maintained by an individual on his property for his personal or hobby use; provided, however, that the following conditions are met:

The Planning Board, in considering a request for a special use permit or the extension of a permit to operate an airstrip, may impose any conditions it deems necessary to protect the health, safety and public welfare of the Town.

Minimum lot size shall be two acres.

Exercise pens and runways shall not be permitted within 100 feet of any lot line.

All animal hospital facilities shall be maintained in enclosed structures which shall be of soundproof construction and so maintained as to produce no dust or odors at the property line.

Hours of operation (those hours when dogs are brought to and from the establishment and when dogs are allowed out of cages) shall be limited to 7:00 a.m. to 8:00 p.m.

The building proposed for occupancy as a bed-and-breakfast establishment shall contain no more than four lodging rooms for hire.

The operator of the bed-and-breakfast establishment shall reside on the premises.

The dwelling shall not be altered in a manner which would cause the premises to differ from its residential character, nor shall any extensions or additions to the dwelling be made for the purpose of renting such space for overnight accommodations.

Outbuildings detached from the principal dwellings shall not be used for the purpose of a bed-and-breakfast establishment.

A minimum of one off-street parking space shall be provided for each rental unit, in addition to the two spaces required for a single-family dwelling. No such parking space shall be located in the front yard area and each space shall not be less than nine feet by 20 feet.

The dwelling may display a sign not to exceed two feet by two feet in size.

No bed-and-breakfast establishment shall be permitted where access is provided by a shared driveway.

No bed-and-breakfast establishment shall be permitted in an individual mobile home or mobile home park.

Each rental unit in a bed-and-breakfast establishment shall maintain a working smoke detector.

Such uses shall comply in full with the Orleans County Sanitary Code and the New York State Uniform Fire Prevention and Building Code.

Camping grounds shall be occupied only by travel trailers, pickup coaches, motor homes, camping trailers, recreational vehicles, and tents suitable for temporary habitation and used for travel, vacation and recreation purposes. No permanent external appurtenances such as carports, cabanas or patios may be attached to any travel trailer or other vehicular accommodation parked in a campground. The removal of wheels and placement of a unit on a permanent frost-free foundation in a camping ground is prohibited.

Minimum site area: 10 acres.

Minimum sizes for individual campsites: 25 feet by 80 feet to accommodate areas with travel trailers and campers; and 25 feet by 50 feet for areas to be occupied exclusively with tents.

Not more than 10 travel trailers, campers, tents, recreational vehicles or motor homes shall be permitted per acre of gross site area.

A camping ground shall be so located that no entrance or exits from a site shall discharge traffic into any residential area nor require movement of traffic from the camping ground through a residential area. A camping ground shall have a minimum of 150 feet of frontage on a public street.

Conditions of soil, groundwater level, drainage and topography shall not create hazards to the property or the health or safety of the occupants. Natural vegetation shall be retained wherever possible. The site shall not be exposed to objectionable smoke, noise, odors, or to other adverse influences, and no portion of the camping grounds subject to flooding, subsidence or erosion shall be used for any purpose which would expose persons or property to hazards.

Management headquarters, recreational facilities, toilets, dumping stations, showers, coin-operated laundries, and other uses and structures customarily incidental to the operation of camping grounds are permitted as accessory uses to the camping grounds. In addition, retail stores and other convenience establishments shall be permitted as accessory uses in camping grounds in such districts where such uses are not allowed as principal uses, subject to the following restrictions.

Plans for sewage disposal and water supply shall be designed in accordance with standards promulgated by the New York State Department of Health and/or Environmental Conservation, and shall receive approval from said agencies.

Streets.

Recreation facilities. A minimum of 8% of the gross site area for the camping ground shall be set aside and developed as common use areas for open or enclosed recreation facilities. No travel trailer site, required buffer strip, street right-of-way, storage area or utility site shall be counted as meeting recreational purposes.

Entrances and exits to camping grounds shall be designed for safe and convenient movement of traffic into and out of the camping ground and to minimize friction with movement of traffic on adjacent streets. All traffic into or out of the camping ground shall be through such entrances and exits. No entrance or exit shall require a turn at an acute angle for vehicles moving in the direction intended. Road curbs shall have a minimum radius of 50 feet and shall be designed for drive-through campsite parking.

An adequate lighting system shall be provided for the camping ground. Pedestrian walkways shall be provided to lead to all parking areas, rest rooms or other service buildings. All walkways shall have adequate lighting.

All utilities shall be underground.

Not less than one covered twenty-gallon garbage receptacle shall be provided for each campsite. No campsite shall be situated further than 100 feet from a garbage receptacle. Garbage and rubbish shall be collected and disposed of as often as may be necessary to insure sanitary conditions.

All applicable sanitation standards promulgated by the State of New York, County of Orleans, or Town of Barre shall be met.

Setbacks. Each building or structure within a camping ground shall comply with the setback regulations applicable to the zoning district in which such camping ground is located, except that travel trailers, campers, tents, motor homes, and the motor vehicles propelling or carrying the same may be located not closer than 25 feet to any side or rear lot line nor closer than 60 feet to any front lot line.

Campsites and buildings shall be set back not less than 50 feet from any stream which carries water more than six weeks per year.

A site development plan shall be submitted in conformance with the requirements of Article X of this chapter.

The minimum tract size shall be 15 acres.

The lot size, yard, area and height requirements shall be established on an individual case basis which reflects the unique conditions of each site proposed for development, the potential impact on adjacent properties and to insure consistency with the Town Comprehensive Plan.

The number of lots or units (density of development) in a cluster plan shall not exceed that which could be created under a conventional development plan for the same tract of land.

The developers shall set aside an area of not less than 20% of the gross acreage of the tract to be devoted exclusively to permanent recreation areas or open space.

All recreation or open space areas shall, in the opinion of the Planning Board, be suitable for such use. The ownership and future maintenance of such recreation areas shall be subject to the approval of the Town Board or offered for dedication to the Town.

In determining the overall density to be allowed for a residential site, all areas of the site will be included.

All applicable health and safety codes, including provisions of the New York State Fire Prevention and Building Code, are met.

The maximum amount of coverage of buildings and paved areas on the lot shall not exceed 15% of the lot area.

Landscaped buffers shall be provided, which are sufficient to screen views of the facility from neighboring property and to minimize the impacts of noise, traffic and other operations of the facility on neighboring property, roads and other public facilities.

The following information shall be submitted as part of the application for site plan approval and for a special use permit for a drive-in business, in addition to that information required in other sections of this chapter.

All drive-in businesses shall be a minimum of 200 feet from other such businesses, which distances shall be computed as follows:

Banks with drive-in facilities shall be permitted, provided that at least five car-length spaces are provided in the approach drive within the property line of the lot for each drive-in teller's window. Such spaces shall be exclusive of required off-street parking spaces.

All drive-in businesses shall provide suitable storage of trash in areas which are so designated and constructed as to allow no view of the trash storage from the street, to prevent wastepaper from blowing around the site or adjacent properties or public rights-of-way, and to permit safe, easy removal of trash by truck or hand.

The minimum distance from any driveway to a side lot line shall be 20 feet.

The minimum distance between driveways on the site shall be 50 feet measured from the two closest driveway curbs.

The minimum distance into the site from a street intersection shall be 30 feet measured from the intersection of the street right-of-way to the nearest end of the curb radius.

Drive-in businesses adjacent to or integrated in a shopping center or cluster of commercial facilities shall use the common access with other business establishments in that center.

Exterior lighting proposed for the site shall be planned, erected and maintained so it will not cast direct light or glare upon adjacent properties or public rights-of-way. The light source shall not be higher than 20 feet.

Sufficient landscaping and fencing shall be provided in order to minimize visual impacts and minimize conflicts with adjacent land uses.

Water supply and sewage disposal systems shall be reviewed by the Orleans County Health Department.

Any outdoor eating area associated with a drive-in restaurant shall be maintained, landscaped and physically separated from any off-street parking area or driveway. Outdoor eating shall be allowed only if all parking and vehicular travel areas have a dust-free (paved) surface.

The proposed installation in a specific location is necessary and convenient for the efficiency of the essential services or the satisfactory and convenient provision of service to the area in which the particular use is located.

The design of any building in connection with such facility shall conform to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights in the district in which it is to be located.

Adequate landscaping will be provided to create a visual and sound buffer between such facilities and adjacent property.

Adequate and attractive fences and other safety devices will be provided.

Adequate off-street parking shall be provided.

All new and replacement electric distribution, telephone, cable TV and other lines shall be placed underground, if practical, as determined by the Planning Board during site plan review.

All points of necessary access, or transformers, shall be placed in secure structures at ground level.

All major electrical transformer facilities or substations, if above ground, shall be secured by an outer and inner fence, each 10 feet from each other at any point; also no transformer or associated switches shall be closer than 100 feet from any lot line.

Such structures shall not exceed 2,000 square feet of floor area.

Not more than 1/3 of the total floor area shall be for the display and sale of products grown off the premises.

Such structures shall conform to the minimum setback requirements for accessory buildings in this district as specified in Article V, District Regulations, of this chapter.[1]

Sufficient land area shall be provided to accommodate off-street parking for not less than three vehicles on site.

The type of business allowed as an in-home occupation includes, but is not limited to:

The business shall be owned and operated by the occupant of the residential structure.

A total of at least four parking spaces shall be provided. Such parking shall be provided off the street and other than in a required front yard.

No more than three persons, other than members of the immediate family occupying such dwelling, shall be employed as part of the home occupation or home professional occupation.

A home occupation or home professional occupation must be conducted within a dwelling which is bona fide residence of the principal practitioner or in an accessory building thereto which is normally associated with a residential use. Such home occupations may occupy either up to 30% of the gross floor area of the residence to be used for the conduct of the home occupation or up to 40% of the floor area of an accessory structure but not both.

In no way shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of sounds, noises or vibrations.

No outdoor display of goods or outside storage of equipment or materials used in the home occupation or profession shall be permitted.

No sign shall be permitted except in accordance with the provisions of § 350-29.

Off-street parking shall be provided in accordance with § 350-30.

No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question under normal circumstances wherein no home occupation exists.

Only one commercial-type vehicle may be used in connection with the home occupation.

Not more than one home occupation or profession shall be permitted for each residential property.

The provision of the State Junkyard Law (General Municipal Law § 136, as amended) are hereby adopted by reference and shall apply to all junkyards as defined in this chapter. The expansion or alteration of existing junkyards shall also be governed by the provisions of this section.

Minimum dimensional requirements:

A junkyard shall be completely surrounded with a solid fence at least eight feet in height which completely obscures the junkyard from public view and with a suitable gate which shall be closed and locked except during the working hours of such junkyard or when the applicant or his agent shall be present. Such fence shall be erected no nearer than the required setbacks.

All junk stored or deposited by the operator shall be kept within the enclosure of the junkyard except as removal shall be necessary for the transportation of same in the reasonable course of business.

All vehicles or engines stored in the yard shall first be drained of any oil, gasoline or other fluids. Such fluids shall be safely stored and disposed of off site.

There shall be no storage or stockpiling of tires or batteries except within an enclosed building.

Direct sales to the general public shall be confined to an enclosed building located on the site except for the sale of reconditioned motor vehicles. Said motor vehicles may be displayed in a defined area outside of the fenced junkyard portion but on the subject parcel. A minimum area of 200 square feet shall be required for each motor vehicle displayed for sale.

No motor vehicle or dismantled parts may be stored within 100 feet of the bed of a stream carrying water on an average of six months of the year.

Off-street parking shall be in accordance with § 350-30 of this chapter.

A performance bond shall be submitted in an amount determined by the Planning Board as sufficient to cover the cost of required fencing, restoration of property, and Planning Board review.

Special permits granted pursuant to this section shall be inspected annually.

The lot size shall be adequate to accommodate the number of animals proposed to be housed at site The Planning Board shall specify a minimum lot size on a case-by-case basis.

The Planning Board may require fencing or suitable enclosure for facilities located outside the building and, in addition, may require buffer landscaping to create a visual, sound and smell buffer between such facilities and adjacent properties.

The Planning Board shall specify the minimum lot size, setbacks for shelter, and kennel outdoor runs for the animals.

Adequate provisions shall be made for disposing of animal waste.

Noise and odors shall not become a nuisance to adjacent property owners.

In issuing the special use for kennels the Planning Board shall specify the maximum number and types of animals to be housed, boarded or trained.

All animals shall be kept within a totally enclosed building between 8:00 p.m. and 6:00 a.m.

The Planning Board may approve a special use permit for manufactured home parks in the AR Agricultural/Residential District, R-1 Residential District, and the B General Business District, provided that the following standards and provisions are maintained:

Such sales may be conducted either in a fully enclosed building located on the same lot or in an unenclosed area.

Minimum specifications.

No vehicles shall be displayed for sale or rent within 35 feet of the front property line, or within 25 feet of any side or rear property line. No manufactured homes shall be displayed within any required building setback. The maximum coverage for buildings shall apply to manufactured homes for sale, in addition to buildings used in the conduct of such sales.

No retail sale of fuels shall occur on the site at any time.

All signage shall comply with § 350-29 of this chapter.

No exterior light source shall be erected in excess of 50 feet above the ground surface, and all lighting shall be placed to eliminate the casting of direct light or glare upon adjacent properties.

Repair of motor vehicles on site is prohibited unless the provisions found in § 350-59, Motor vehicle service stations and auto repair shops, of this chapter are complied with in full.

In addition to the information required in the special permit and site plan review applications and enumerated in Articles X and XI herein, the site plan submitted shall also show the location and number of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground, and number and location of fuel pumps to be installed.

Such uses shall be screened from adjacent uses by a buffer area not less than 10 feet in depth composed of densely planted evergreen shrubbery, solid fencing, or a combination of both which, in the opinion of the Planning Board, will be adequate to prevent the transmission of headlight glare across the property line. The Planning Board shall determine on an individual case basis how close to the right-of-way the landscaped buffer shall be required to be installed. Such buffer screen shall have a minimum height of six feet above the ground. If said shrubbery becomes decayed and fails to provide an adequate screen, the Code Enforcement Officer shall direct the property owner to replace said shrubs.

The entire area of the site traveled by motor vehicles shall be hard surfaced.

All repairs of motor vehicles, except for minor servicing, shall be performed in a fully enclosed building. No motor vehicle parts or partially dismantled motor vehicles shall be stored outside of an enclosed building.

No commercial parking shall be allowed on the premises of a motor vehicle service station or auto repair shop.

Accessory goods for sale may be displayed on the pump island and the building island only. The outdoor display of oil cans and/or antifreeze and similar products may be displayed on the respective island if provided for in a suitable stand or rack.

No accessory building or structure, including gasoline pump or automotive service appliances, shall be erected within 40 feet of any street line.

No motor vehicle service station or auto repair shop may display more than four unregistered vehicles for sale or repair outside of an enclosed building at any one time. All licensed motor vehicles being serviced or repaired shall be stored in a neat, orderly manner.

No motor vehicle service station or auto repair shop shall have more than two driveways on any public street fronting the site. The driveway width on any street shall not exceed 1/3 of the total site frontage on each street.

No driveway shall be closer than 50 feet to the intersection of two street lines or within 20 feet of an adjacent lot line.

No motor vehicle service station or auto repair shop and no driveway to any such use shall be established within 200 feet of the boundary line of the R-1 Residential District, or of any school, church, park, playground, public library, or any place of public assembly designed for occupancy by 50 persons or more, regardless of the district where the subject premises are located. For the purposes of this section, the distance shall be measured along the street line on the side of the street where such use is proposed or such driveway would cross.

The maximum gross density shall not exceed eight units per acre.

Minimum habitable floor area requirements:

Unit distribution.

Setback requirements.

No exterior wall shall exceed 100 feet in length unless there is a lateral offset of at least eight feet in its alignment not less frequently than along each 100 feet of length of such exterior wall.

All stairways to the second floor or higher shall be located inside the building.

Access to public road.

Requirements for off-street parking as provided in § 350-30 of this chapter shall be met, except that the location of off-street parking lots may be modified to conform with the approved site plan, provided that such lots shall not be located within the front yard or the required side yard setback. Paved pedestrian walkways, with appropriate lighting, shall be provided from off-street parking areas to all living units each parking area is intended to serve.

Off-street parking shall be provided in the amount of two spaces for each unit.

The aggregate of building coverage of a multiple-family dwelling development shall not exceed 30% of the total lot area.

Services.

Recreation, open space, maintenance.

Utilities.

Day-care centers.

All other public and semipublic uses.

No site preparation or construction shall commence nor shall existing structures be occupied until final site plan approval has been granted by the Planning Board and permits have been issued by all governmental agencies involved.

The permitted use may include any of the following:

The land devoted to this use shall not be less than 10 contiguous acres.

One principal single-family dwelling may be located on the land devoted to this use, provided that it complies with the requirements for this chapter. The land area on which the principal single-family dwelling is located (minimum lot size of AR District) shall not be considered as part of the land devoted to this use as set forth in Subsection C above.

The number of horses that may be boarded and/or trained at such property shall not exceed 25 horses for the first 10 acres of land devoted to this use, plus one horse for each additional 1/2 acre of land available for such purpose.

The stable shall be located not less than 100 feet from any boundary line. The storage of manure shall be located on land not less than 200 feet from any boundary line. The Planning Board may require manure storage areas to be screened and/or buffered from adjacent areas.

Any riding ring shall be at least 50 feet from any boundary line.

Accessory buildings, such as barns (not housing horses), sheds and the like, may be located on the land devoted to this use, provided that they are set back a minimum of 50 feet from the street line and from each boundary, and provided further that they are not used for the storage of manure.

Structures on the land devoted to this use (not including the principal dwelling) shall not be in the aggregate cover more than 5% of the area of the land devoted to this use.

No structure shall exceed 35 feet in height.

Suitable and adequate off-street parking shall be provided in accordance with the requirements established by this chapter and the Planning Board.

Exterior lighting shall be permitted only to the extent necessary to prevent injury to the public and shall be so installed and arranged as to reflect light away from the adjoining streets and prevent any nuisance to adjoining property.

The installation and use of exterior loudspeakers shall be conducted in such a manner as to minimize potential nuisances to adjacent properties.

Purpose. The purpose of these supplemental regulations is to promote health, safety, and the general welfare of the residents of the Town of Barre; to provide standards for safe provision of telecommunications consistent with applicable federal and state regulations; to minimize the total number of telecommunications towers in the community by encouraging shared use of existing and future towers, and the use of existing tall buildings and other high structures; and to minimize adverse visual effects from telecommunications towers by requiring careful siting, visual impact assessment, and appropriate landscaping.

General criteria. No special use permit or renewal thereof or modification of a current special use permit relating to a telecommunications facility shall be authorized by the Planning Board unless it finds that such telecommunications facility:

Co-location.

Dimensional standards.

Lighting and marking.

Appearance and buffering.

Access and parking.

Security.

Engineering and maintenance.

Removal.

Purpose.

General regulations.

Waiver of restrictions. The restrictions enumerated in Subsection B above may be waived by the Town Planning Board if the applicant shows and the Board finds that the following conditions have been met in addition to the general conditions contained in Article VIII of this chapter:

Amortization. By amortization, the right to maintain a legal nonconforming adult use shall terminate in accordance with the following schedule:

The Planning Board may approve the construction and maintenance of temporary housing to support individual agricultural operation with AR housing to support individual agricultural operation within an AR District, provided the following standards and condition are maintained.

The maximum number of temporary housing units allowed for an individual agricultural operation will be based on:

Background.

Definitions. As used in this section, the following terms shall have the meanings indicated:

Regulations: extraction of stone and other mining operation. The extraction of stone, sand or gravel shall be permitted with a special use permit in the districts allowed by this chapter, provided the following standards and conditions are maintained. The minimum parcel size shall be not less than 10 acres.