Caroga Town City Zoning Code
SUPPLEMENTARY REGULATIONS
SIGN REGULATIONS
SIGN REGULATIONS:
Purpose:
The purpose of these sign regulations is to
Promote and protect the public health, safety and welfare and ensure optimum overall preservation and enjoyment of the scenic, aesthetic and open space resources of the Town and of the Adirondack Park.
To safeguard property values, create a more attractive climate for tourism and other business, protect open country scenery along highways and generally provide a more aesthetically pleasing community and region.
To reduce obstructions and distractions that may contribute to traffic accidents and to minimize hazards that may be caused by signs hanging or projecting over public rights-of-way.
Sign Permit:
1. No sign shall be erected, placed, installed attached, hung, altered, enlarged or relocated without first obtaining a Sign Permit from the Code Enforcement Officer in accordance with this Article.
Application for Sign Permit:
Any person, firm or corporation owning property seeking a Sign Permit shall file an Application with the Code Enforcement Officer. The Application shall be on a form provided by the Code Enforcement Officer.
Each Application shall, at a minimum, contain the following information:
The section, block and lot number of the tax parcel upon which the sign is proposed to be installed.
The specific location of the sign on the parcel.
The design of the sign including:
Size: length, width and height
Material
Colors
Wording
Type of Illumination, if any
Method of installation/attachment
Location of installation/attachment
For freestanding signs, identify the height of the top of sign above finish grade
Any other information as requested by Code Enforcement Officer.
Upon receipt of an Application for a Sign Permit, the Code Enforcement Officer shall sign and date the Application to signify its receipt. The Code Enforcement Officer shall review the Application to determine if it’s complete or if additional information may be required from the applicant. If additional information is required, the Code Enforcement Officer shall notify the applicant, in writing, within seven (7) working days, of what additional information will be required to complete the Application.
Once an Application is determined to be complete, the Code Enforcement Officer shall, within seven (7) calendar days, notify the applicant, in writing, that either:
The proposed sign complies with all requirements of this Article and that a Sign Permit is issued,
The proposed sign does not comply with one or more of the requirements of this Article and therefore a Sign Permit is denied. The Code Enforcement Official shall advise the applicant of the specific requirements of this Article that the Application did not comply with.
Noncomplying Signs:
Any sign which after the adoption of this Article becomes noncomplying due to lack of compliance with the signage requirements of this Article, said signs shall be considered a noncomplying sign.
No noncomplying sign shall be enlarged, altered or modified that would result in an increase in its noncompliance.
If a noncomplying sign is to be replaced, the new sign shall comply with all requirements of this Article.
Exempt Signs:
The following signs may be erected and maintained without a Sign Permit provided that they comply with NYSDOT standards and are non-illuminated (unless indicated otherwise below). These signs shall be erected and maintained only on the same parcel of land where the subject of the sign is located.
Signs advertising the name of a real estate firm or person and the sale or rental of the premises upon which the sign is located. There shall be no more than two (2) per property. All signs shall be removed within 30 calendar days of closing of sale or rental. These signs shall only be placed upon the property for sale or rent.
Signs advertising the name of a real estate firm or person and the sale or rental of a property located on a dead-end or private road may be placed at an off-premises location along the nearest public road to the property for sale or rent.
Except for Paragraph B above, no real estate type signs shall be placed or located on any property not for sale or rental.
Signs denoting the architect, engineer, or contractor where construction, repair, or renovation is in progress, limited to one per property, and that are removed within 30 days of completion of project.
Professional and trade name plates and home business signs. Such signs may be illuminated by external white light only and shall be limited to one per person or business.
Signs that mark property boundaries, give directions for roads or trails, prohibit trespassing, hunting, fishing, or off-road vehicles, or warn of hazards.
Any sign erected by the federal, state, county, or town government or any department or agency thereof. Such signs are not limited in size.
Signs giving the name of the residents of a dwelling and/or its 911 address. Such signs may be illuminated by external white light only and shall be limited to one per dwelling and be no greater than 3 square feet.
Signs placed temporarily to advertise a garage sale, yard sale, tag sale, or similar sale on the site of the sale. Such signs may be placed no earlier than 2 days prior to the event, and shall be removed by the sponsor within one day after the close of the event.
Temporary signs, including banners or pennants, relating to garage, lawn, or other individual, non-recurring sales, or for a church bazaar, political campaign, fund drive, parade, fair, fireman’s field day, or other event or undertaking conducted by a political, civic, religious, charitable, or educational organization. Temporary signs shall not be displayed for more than 14 calendar days. Such signs shall be removed by the sponsor within one day after the close of the event. Temporary signs shall have a maximum area of 15 square feet.
Temporary signs, customarily of paper or cardboard, placed in the windows of retail stores to advertise weekly specials. Such temporary signs are not limited in size or number.
On-Premises Signs:
No on-premises sign shall be erected anywhere within the Town until a Sign Permit has been issued by the Code Enforcement Officer.
On-premises signs meeting the standards in Sections H and I below are allowed after the issuance of a Sign Permit by the Code Enforcement Officer.
Off-Premises Signs:
No off-premise sign shall be erected anywhere in the Town until a Sign Permit has been issued by the Code Enforcement Officer.
All off-premise signs shall conform with the following standards:
Shall have a sign area of no more than ten square feet, nor shall any such sign be a luminous sign.
All off-premise signs shall conform to all applicable requirements of the State Department of Environmental Conservation for off-premise signs within the Adirondack Park.
Is a non-illuminated shared sign with each sign being a maximum of 4 square feet and a maximum of four (4) individual signs mounted on an individual structure. The applicant for each individual sign shall be responsible for its maintenance and removal. The applicant for the structure upon which the signs are mounted shall be responsible for its maintenance and removal.
Meets all the applicable standards of Paragraphs J and K below.
Will be useful in providing information not otherwise reasonably available to the public.
Will be visually compatible with its surroundings.
Will not pose a traffic hazard or otherwise endanger the health, safety, or welfare of the public.
Has been subject to a jurisdictional determination by the Adirondack Park Agency.
Design and Location of Signs:©J.Long
The provisions contained in this section shall apply to all signs, regardless of their locations with respect to any zoning district.
No sign shall be illuminated by or contain flashing, intermittent, rotating or moving light or lights. All luminous signs, indirectly illuminated signs and lighting devices shall employ only lights emitting light of constant intensity.
No luminous sign, indirectly illuminated sign or lighting device shall be placed or directed so as to cause glaring or non-diffuse beams of light to be cast upon any public street, highway, sidewalk, or adjacent premises or otherwise to cause glare or reflection that may constitute a traffic hazard or nuisance. No sign shall, in its construction, employ any mirror or mirror-like surface, nor any day-glowing or other fluorescent paint or pigment.
No sign or part thereof shall contain or consist of any banner, pennant, ribbon, streamer, spinner or other similar moving, fluttering or revolving device. The said device, as well as strings of lights, shall not be used for advertising or attracting attention whether or not they are part of any sign. No sign or part thereof may rotate or move back and forth.
No sign shall be placed upon or be supported by any water body or tree.
No exterior freestanding sign shall contain any neon or similar lighting.
No sign shall be erected or maintained upon the roof of any building or structure.
No motor vehicle on which is placed or painted any sign intending to advertise the premises subject to Agency jurisdiction shall be parked or stationed, on such premises in a manner primarily intended to display the sign.
Not more than one pole sign may be erected or maintained upon the premises of any gasoline or other automotive service station; and no such pole sign shall have a sign area greater than 15 square feet.
No sign shall exceed 20 feet in overall height, measured from the highest level of natural ground immediately beneath the sign to the highest point of the sign or the supporting structure thereof.
No sign shall project more than 3 feet from the wall of any building, nor shall any sign project from the roof of any building or into any public way.
No sign shall be erected or maintained within the right-of-way, nor within 10 feet of the road bed of any public street or highway; nor shall any sign exceeding 20 square feet in the sign area to be erected or maintained within 20 feet of the road bed of any public street or highway. Provided, however, that these minimum setback distances shall not apply to signs erected upon any building entirely housing the business or activity with which the signs are principally associated. For the purposes of this provision, the road bed shall mean the trafficable portion of the road, street, or highway, bounded on either side by the outer edge of the shoulder or guardrail, whichever extends farthest. Where there is no shoulder or guardrail, there shall be deemed to be a shoulder extending four (4) feet from the outer edge of the pavement or unpaved traffic lanes.
No sign shall be erected or maintained more than 200 feet from the business or activity with which it is principally associated. For the purposes of this provision, the location of a business or activity shall include all of the principal private access road connecting the actual place of that business or activity with a public street or highway.
Size, Height and Components of Signs:
No sign shall be erected or maintained having a sign area greater than 40 square feet.
No luminous sign shall be erected or maintained having a sign area greater than 15 square feet.
If two (2) signs are erected or maintained with respect to a given activity, the total sign area of the two (2) signs shall not exceed 60 square feet.
No pole sign erected or maintained upon the premises of any gasoline or other automotive service station shall have a sign area greater than 15 square feet.
No sign shall exceed 20 feet in overall height, measured from the highest level of natural ground immediately beneath the sign to the highest point of the sign or the supporting structure thereof.
Unsafe, Illegal and Obsolete Signs:
In any case where the Code Enforcement Officer shall find any sign unsafe and a potential danger to persons or property, or if he/she shall find any sign which in his judgment has been erected, installed, attached, established, painted or otherwise created in violation of this Article, he shall follow the procedures in respect to violations set forth in Article 10 herein, and the provisions of said Article shall apply in respect to prosecution, penalties and punishment for such violations.
In the case of an unsafe sign that the Code Enforcement Officer believes to be an immediate peril to persons or property, he/she may order and arrange for the removal of such sign, without notice to the owner thereof.
Such sign shall be declared obsolete and in violation of this Article, and the Code Enforcement Officer shall forthwith follow the procedures in respect to violations as set forth in Article 10 and the provisions of the said Article shall apply in respect to prosecution, penalties and punishment for such violation.
In any case where the Code Enforcement Officer finds it necessary to cause the removal of a sign because of the failure to do so by the owner thereof or of the premises on which such sign is located, the cost of any other expense incidental thereto shall be charged against the owner of the property and such charge shall be a lien against the property until paid.
SHORELINE REGULATIONS
SHORELINE REGULATIONS:
Purpose:
The purpose of these shoreline regulations is to promote and protect the public health, welfare and safety and to protect economic property values, aesthetic and recreational values and other natural resource values associated with all lakes, ponds, streams, swamps or wetlands.
It is the further purpose of these regulations to:
Provide for the protection, preservation, proper maintenance and use of Township watercourses and wetlands in order to minimize disturbance to them and to prevent damage from erosion, turbidity or siltation, a loss of fish or other beneficial aquatic organisms, a loss of wildlife and vegetation and/or from the destruction of the natural habitat thereof.
To provide for the protection of the Township’s potable freshwater supplies from the dangers of drought, overdraft, pollution or mismanagement.
Shoreline Regulations: General:
Pursuant to Section 806 of the Adirondack Park Agency Act, APA Shoreline Restrictions apply to all lakes and ponds in the Town of Caroga, to all rivers being studied for inclusion into the Wild, Scenic and Recreational Rivers System and all other rivers and streams navigable by boat including canoe.
Shoreline Setbacks and Lot Widths:
Structures greater than 100 square feet, except docks and boathouses, shall be set back from the mean high-water mark of all lakes, ponds and navigable waters and streams in accordance with the Dimensional Standards set forth in Article 4, Section IV above.
Shoreline setbacks shall be measured horizontally along the shortest line between any point of the structure and any point on the shoreline at the mean high water mark. Individual structures that are attached to each other are considered a single structure for the purpose of implementing these restrictions.
Shoreline lot widths shall be measured along the shoreline as it winds and turns.
Retaining walls greater than 100 square feet in size are subject to the shoreline structure setbacks.
Docks and Boathouses:
Docks and boathouses that lawfully existed before September 21, 2010, may be repaired or replaced in-kind without a Dock Permit. Lawfully existing docks and boathouses may also be expanded, provided the structures remain within the parameters established by the definitions of docks and boathouses in Section II of Article 5 and shall require the issuance of a Dock Permit per Subsection E below.
Dock Permits:
Any property owner proposing to install a new dock and/or boat hoist on a dock after effective date of this Ordinance shall obtain a Dock Permit from the Code Enforcement Officer.
Applications for a Dock Permit shall be on a form approved by the Code Enforcement Officer.
All Applications for a Dock Permit shall be submitted and signed by the property owner. Applications shall include a copy of the property deed and a survey prepared by a NYS Licensed Land Surveyor.
The Code Enforcement Officer shall review the Application for a Dock Permit to verify that:
The property owner has legal access to the Lake to install a dock.
The dock and boat hoist shall be located on the property owner’s property.
The dock and boat hoist shall be constructed in accordance with applicable codes.
The Code Enforcement Officer shall have the authority to waive the requirement for a property survey.
Any property owners desiring to expand, alter or replace a dock shall obtain a Dock Permit from the Code Enforcement Officer per this section.
Sewage System Setbacks:
Any new leaching facility (including a seepage pit, drainage field, outhouse, or pit privy) receiving any form of household effluent must be set back at least 100 feet from any water body, including an intermittent stream with a defined bed and bank or 200 feet if soil percolation rates are greater than 3 minutes per inch. The setback is measured horizontally along the shortest distance from the mean high water mark to the closest point of the leaching facility.
New York State Department of Health standards also require that the absorption field (leaching facility) of any new on-site sewage disposal system be installed at least 100 feet from the source of any water supply system.
Alteration or replacement of a lawfully existing leaching facility located within 100 feet of a water body must occur in conformance with the setback requirements to the greatest extent possible, with the leaching facility located no closer to the mean high water mark, and must provide enhanced treatment.
Upon the expansion of any structure to allow for an actual or potential increase in occupancy, the leaching facility serving the structure must be located at least 100 feet from all water bodies.
Shoreline Cutting:
Except to allow for the removal of diseased vegetation and rotten or damaged trees, all vegetative cutting on a parcel with shoreline on a lake, pond, or navigable river or stream must comply with the following restrictions:
Within 35 feet of the mean high-water mark, no more than 30 percent of the trees in excess of six inches diameter at breast height (42 inches above ground) may be cut over a 10-year period.
Within 6 feet of the mean high-water mark, no more than 30 percent of any vegetation may be removed.
TOURIST ACCOMMODATIONS
TOURIST ACCOMMODATIONS:
A tourist accommodation unit attached to another unit by party wall constitutes one-tenth of a principal building regardless of each unit’s size. Ten (10) units therefore constitute a single principal building.
Each tourist cabin or similar structure constitutes one-tenth of a principal building if it involves less than 300 square feet of floor space. A tourist cabin involving 300 square feet or more of floor space constitutes one principal building.
The minimum land area for the tourist cabin or similar structure for rent or hire involving more than 300 square feet of floor area shall be the minimum lot area in Article 4 hereof for the zoning district in which the cabin or structure is located.
ADULT USE BUSINESS
ADULT USE BUSINESS:
Introduction:
There are adverse secondary impacts associated with the establishment and operation of adult use businesses within a community.
Among these adverse secondary impacts are a deterioration in the local quality of life, an adverse effect upon local property values, an adverse effect upon the local economic viability, an imposition, whether intentional or unintentional, of exposure to adult-oriented expression undesired by neighbors, pedestrians and passersby, an increase in traffic, noise, litter and nuisance, criminal and illicit sexual behavior, a threat to the health and safety of children and young adults and an undermining of the established sense of community.
These adverse secondary impacts of the establishment and operation of adult-oriented businesses are a threat to the general health, safety and economic viability of the community.
The unregulated establishment and operation of adult-oriented businesses would lead to the wide-spread imposition of adverse secondary impacts upon residents, businesses, economic viability, property values, and quality of life of the Town and would, therefore, be detrimental to the general health, safety and economic viability of the community.
The U.S. Constitution, and the Constitution and laws of the State of New York grant to the Town of Caroga the power, especially police powers, to enact reasonable legislation and measures to regulate the location and operation of adult-oriented businesses, hereinafter defined, in order to protect the general health, safety and economic viability of the community.
Intent:
It is the express intent of the Town of Caroga to:
Ameliorate, mitigate, reduce or prevent the wide-spread and unregulated imposition of the adverse secondary impacts of adult use businesses upon the residents, businesses, economic viability, property values, quality of life and general health, safety and welfare of the community.
To protect the right of free expression, guaranteed by the U.S. Constitution and the State of New York Constitution, as may be expressed and presented in the form of goods and services offered by adult use businesses.
It is not the intent of the Town of Caroga to:
Deny any person the right of free expression, guaranteed by the U.S. Constitution and the State of New York Constitution, as may be expressed and presented in the form of goods and services offered by adult use businesses; or
To impose upon any person any additional limitations or restrictions upon the right of free expression, guaranteed by the U.S. Constitution and the State of New York Constitution, as may be expressed and presented in the form of goods and services offered by adult use businesses, beyond those granted to the Town under the U.S. Constitution, the New York State Constitution and the laws of the State of New York regarding the time, place and manner of that free expression. These constitutionally protected rights are understood to include the right to sell, distribute and exhibit the legal goods and services offered by adult use businesses; or
To impose upon any person any additional limitations or restrictions upon the right to obtain, view and partake of any communications guaranteed by the U.S. Constitution and the New York State Constitution, as may be expressed and presented in the form of goods and services offered by adult use businesses, beyond those granted to the Town under the U.S. Constitution, the New York State Constitution and the laws of the State of New York regarding the time, place and manner of that free expression; or
To estimate, decide, determine, resolve, consider, conclude, judge or qualify in any manner or fashion the quality or value of the content, nature, message, form, format, appearance, substance or presentation of the free expression guaranteed by the U.S. Constitution and the New York State Constitution, as may be expressed and presented in the form of goods and services offered by adult use businesses.
3. The Town of Caroga is aware that, according to numerous decisions by both Federal Courts and Courts of the State of New York, the regulation of the location of adult use businesses must be based upon a finding of the adverse secondary impact of these businesses upon the community and must be directed solely toward the mitigation of these impacts, not be directed toward any form of speech or expression, be no broader than necessary and must provide alternative locations within the Town for adult use businesses.
Conservation with an Adult Use (C (AU)) Overlay Zone:
An Overlay Zone is hereby established for adult use businesses on two (2) Town-owned parcels of Conservation District land on Lane Road.
The two (2) parcels are:
Parcel A — Tax Map Number 115.-1-48.1 (having 50.0 acres)
Parcel B — Tax Map Number 115.-1-66 (having 98.16 acres)
This overlay zone shall be known as C (AU) District (Conservation with an Adult Use Overlay Zone).
Adult use businesses are allowed in the C (AU) District by the issuance of a Special Use Permit by the Planning Board. No other form of development is allowed in this District.
Procedure for obtaining the Special Use Permit for the C (AU) District:
Submit a plan for a lot ownership:
1) The Town of Caroga is the current owner of the parcels in the C (AU) District. An (AU) Business applicant gains title to a lot in this District through a land swap.
2) The applicant shall come before the Planning Board with a proposal for the swap. The applicant must either own or have an option to buy a vacant parcel of land in the Town having any zoning except “Conservation”. The swap shall be restricted to parcels within the same APA land use areas, in accordance with provisions of the Adirondack Park Agency Act.
3) The Planning Board shall have the right to approve or disapprove the applicant’s lot based on its suitability for conservation land.
4) The land area of the parcel shall be as large as or larger than the land needed for the AU business in the overlay zone.
5) The applicant’s parcel shall be deeded over to the Town with a deed restriction “for conservation use only”. In return, the AU applicant shall be given title to the parcel needed for his business within the overlay zone.
6) The deed to this parcel shall have a deed restriction “for AU use only”. Both deed restrictions shall be written to “follow the land” (as opposed to applying to just the current owners). The zoning for the applicant’s lot shall remain as it was before the swap. The zoning for the AU business lot shall remain C (AU) District. Once provisions for the land swap are completed to the satisfaction of the Planning Board, the applicant shall proceed to the second step below. The preparation, execution, and filing of the deeds for the lot swap shall not occur in this step of the procedure.
Subdivision Approval:
1) The applicant must obtain approval for a two-lot subdivision in accordance with the Town’s Subdivision Regulations in the Zoning Ordinance. This action creates the parcel needed for the AU business.
Site Plan Review Approval:
1) The applicant must obtain a Site Plan Review approval from the Planning Board. The proposed site development plan for the AU business is the subject of this Site Plan Review.
Prepare, execute and file deed:
1) Once the deeds are properly recorded with the County Clerk, the Planning Board shall issue the Special Use Permit.
Administrative Requirements for the C (AU) District:
All provisions of Article 10 — Administration and Enforcement shall apply to the C (AU) District.
Locational Requirements:
Any private booths or areas within such Adult Use Businesses, either for the viewing of motion pictures or live performances, shall be subject to the following requirements:
Any and all such booths, cubicles, studios, studies and rooms for the private viewing of adult motion pictures and/or live performances or areas shall be open to public view from the common areas of the establishments and that there shall not be any doors, curtains, blinds or other structures or devices that shall obstruct observation of the viewing areas from the common area of the establishment;
That such private viewing areas be well lighted and readily accessible at all times and shall continuously be open to view.
Lighting throughout the adult establishment shall be sufficient to illuminate every area which patrons are permitted access.
All Adult Use Businesses shall be conducted in an enclosed building. It shall be a violation to display or exhibit in the open air (outside of the establishment), through a window, or by means of depiction or decoration or to allow to be displayed or exhibited, any specified anatomical areas or specified sexual activities.
The exterior appearances of any building containing an adult use business shall be consistent with the character of surrounding structures and shall not detract from the appearance of the neighborhood.
Adult Use Businesses shall conform to all existing applicable sign regulations in addition to the following specific requirements:
Signs which are illuminated in neon or which contain flashing lights shall be prohibited.
Exterior signs, displays, or other advertisements which contain nude, semi-nude or provocative pictures or silhouettes shall be prohibited.
Interior signs, displays, posters or other advertisements which contain nude, semi-nude or provocative pictures shall be located a minimum of six (6) feet away from any window or door, and shall not be visible from the exterior of the establishment.
Permanent and/or temporary window and door signs shall not occupy more than twenty percent (20%) of each window or door.
Adult Use Businesses shall be required to meet all zoning and construction standards and requirements of the laws of the Town of Caroga, including, but not limited to, lot and bulk regulations, parking requirements, signage, façade and screening regulations.
Violations:
All violations of these Regulations shall be subject to the penalties identified in Article 10 — Administration and Enforcement.
FENCING/HEDGES
FENCING/HEDGES:
All fencing erected or placed in the Town shall comply with the following standards and requirements:
All fencing shall require a Zoning/Building Permit issued by the Code Enforcement Officer.
All fencing erected or placed in the Town shall be made of wood, vinyl, metal, chain link, stone or stone-like materials.
All fencing shall be erected a minimum of one (1) foot from the property line of property owner erecting the fence.
Fencing shall not be placed in the right-of-way of any road, whether State, County, Town or Subdivision unless specifically approved by the Town Highway Superintendent. In no situation shall fencing be constructed in any manner that would impair traffic safety.
Any fence within 40 feet of the center line of any road shall be of see-through design.
In no event shall fencing exceed 6 feet in height with two (2) exceptions:
Fencing around solar panels may exceed 6 feet as stipulated in Article 7, Section XII, Subsection (I)(3)(b)(3).
Fencing around Wind Energy Systems, Small may exceed 6 feet as stipulated in Section XII, Subsection (J)(5)(a).
The finished side of all fencing shall face neighboring property and/or right-of-way.
The property owner proposing to erect a fence shall provide the Code Enforcement Officer a property survey prepared by a NYS Licensed Surveyor or a written agreement between said property owner and the adjoining property owner consenting to the erection of any fence within five (5) feet of a property line. The Code Enforcement Officer may require a property survey to ensure the placement of a fence does not trespass on neighboring property.
All side and rear yard fences, walls and hedges shall be maintained so they do not encroach upon or over adjacent property lines.
No fence and/or hedges more than 4 feet in height shall be erected, placed or maintained so as to obstruct visibility of vehicular traffic within the triangular area formed by the intersecting street right-of-way lines and a straight line joining said lines at points 20 feet from the point of intersection, measured along said lines.
All fencing shall be maintained in a good condition and not allowed to become a public health or safety hazard.
No agricultural style fencing shall be allowed in Residential (R) Zoning Districts.
All fencing shall comply with the Shoreline Restrictions identified in Article 5, Section II, Subsection C.
No fences are allowed in Lakefront (LF) Districts except for fences around swimming pools as required by the Residential Code of New York State Appendix G, Swimming Pools, Spas and Hot Tubs.
The Code Enforcement Officer shall have the authority to waive a Zoning/Building Permit for fencing around vegetable, flower or similar spaces on a property.
OFF-STREET PARKING STANDARDS
OFF-STREET PARKING STANDARDS:
Off-Street Parking Requirements:
Off-street parking shall be required for all uses identified in the Off-Street Parking Standards Table included in this section.
Each off-street parking space shall consist of at least 200 square feet, shall be 10 feet wide, 20 feet long and shall be reached by an access driveway at least 20 feet in width.
For uses allowed by Site Plan Review, the Planning Board shall determine the exact number of off-street parking spaces shall be provided based upon the Off-Street Parking Standards Table included in this section. The Planning Board shall also determine the location and configuration of all off-street parking for uses requiring a Site Plan Review.
All off-street parking shall be provided in accordance with the following requirements:
For any structure having more than one use, parking space shall be required as provided for each use.
Parking spaces required in all districts shall be located in the side or rear yard on the same lot as the principal use.
Floor areas for the purposes of computing parking requirements shall be the sum of the horizontal area within exterior walls of the several floors of a structure excluding basement, cellar and attic areas used primarily for storage or service.
Any parking lot or parking area that will contain more than 20 cars shall be effectively divided by planted divider strips or curbing fixed in place so as to effectively divide each parking area of 20 cars from other driveways and parking areas for the purpose of insuring safety of vehicles moving within the entire parking area and to control speed.
Ingress and egress to parking areas in commercial and industrial developments shall be no closer to one another than 150 feet along Town streets and access to individual uses and parking areas shall be from a service road.
Off-street parking areas located within 50 feet of a residential use shall be shielded by wall, fencing or other suitable material which shall serve to screen noise, light and uncontrolled entrance.
All parking shall be adequately lighted and said lighting shall not overflow into residential areas.
Off-Street Parking Standards Table:
USE
MINIMUM OFF-STREET PARKING REQUIREMENTS
Adult Use Business
1/50 square feet
Agricultural Service Use
To be determined by Planning Board
Animal Hospital
1/400 square feet
Apartment
1 per unit
Aquaculture
1/400 square feet
Automobile Shop
1/400 square feet
Bakery
1/400 square feet
Bank or Financial Institution
1/400 square feet
Banquet Hall
1/50 square feet
Bar, Night Club or Tavern
1/50 square feet
Bed-and-Breakfast
2 spaces/dwelling unit plus 1 for each Guest Room
Boarding Home
1 per every 2 occupants
Bowling Alley
2 spaces/lane
Brew Pub
1/50 square feet
Brewery/Microbrewery
1/400 square feet
Campground
1 per space
Cemetery
To be determined by Planning Board
Church or Place of Worship
1/5 seats
Commercial Use
1/300 square feet and 1 per employee/shift
Community Residential Facility
1/each staff plus 1 per 5 residents
Condominium
1.5/dwelling unit
Convenience Store
1/300 square feet
Day Care Center
1 per each staff plus 1 per 8 children
Day Spa/Health Club
1/100 square feet
Distribution Center
1/10,000 square feet plus 1/employer/shift
Dormitory
1/dwelling unit
Dwelling Unit
2 spaces for each dwelling unit
Educational, Private
1/2 staff plus 1/10 classroom seats
Family Day Care Home
1 per each staff plus 1 per 8 children
Fraternal Organization
1/300 square feet
Funeral Home
1/5 seats
Golf Course
To be determined by Planning Board
Group Camp
To be determined by Planning Board
Group Family Day Care Home
1 per each staff plus 1 per 8 children
Guest Cottage
1/dwelling unit
Health Care Facility
1/400 square feet of ambulatory space
Health Club
1/400 square feet
Home Improvement Center
1/400 square feet
Home Occupation
1 space for each 100 sf of floor area devoted to each use
Hospital
1/2 beds
Industrial Use
1 space for each 2 employees on maximum work shift plus 2 spaces
Jewelry Store
1/400 square feet
Laboratory
1/400 square feet
Laundromat
1/4 machines
Light Manufacturing
1/1,000 square feet
Liquor Store
1/400 square feet
Manufactured Home Park
See Article 7(XII)(A)(7)
Marina
To be determined by Planning Board
Massage Establishment
1/400 square feet
Medical Clinic
1/300 square feet
Multiple Family Dwelling
1 per dwelling unit
Museum
1/500 square feet
Nursery
1/500 square feet
Nursery School
1 per each staff plus 1 per 8 children
Nursing or Adult Home
1/bed or 1/100 square feet
Office
1/400 square feet
Private Club or Lodge
1/300 square feet
Professional Offices
1/400 square feet
Public Uses and Structures
Public Park
To be determined by Planning Board
Public Utility
To be determined by Planning Board
Recreational, Public
To be determined by Planning Board
Recreational Vehicle Park
See requirements for Recreational Vehicle Park
Restaurant
1/150 square feet
Restaurant, Fast Food
1/150 square feet
Retail
1/300 square feet
Riding Stable and Academies
To be determined by Planning Board
Sand and Gravel Extraction: Commercial
To be determined by Planning Board
Sand and Gravel Extraction: Private
To be determined by Planning Board
Sawmill
To be determined by Planning Board
Shopping Center
1/300 square feet
Single-Family Dwelling
1 per dwelling unit
Ski Center
To be determined by Planning Board
Solar Farm
To be determined by Planning Board
Special Event Use
To be determined by Planning Board
Supermarket
1/300 square feet
Telecommunications Facility
To be determined by Planning Board
Telecommunications Tower
To be determined by Planning Board
Theater
1/4 seats
Tourist Accommodation
1 per unit and 1 per employee
Tourist Attraction
1 space/unit and 1 additional space/5 units
Tourist Home
1/dwelling unit
Townhouse
1.5/dwelling unit
Veterinary Hospital/Office
1/400 square feet
Warehouse
1/10,000 square feet plus 1/employee
Wholesale Distribution
1/10,000 square feet plus 1/employee
Note: For any use not listed, the Planning Board shall determine the minimum off-street parking requirements for each such use.
SUPPLEMENTARY REGULATIONS FOR SPECIFIC USES AND STRUCTURES
SUPPLEMENTARY REGULATIONS FOR SPECIFIC USES AND STRUCTURES:
Accessory Structures:
All accessory structures shall meet the minimum front, rear and side yard setbacks for the Zoning District they are located in.
Guest cottages must meet all setbacks required of any Principal Building. In no case can a guest cottage be a manufactured home.
More than two (2) residential accessory structures of at least 200 square feet per structure on a single lot shall require a Site Plan Approval.
Automobile Service Station:
No fuel pump shall be located within 40 feet from any street line or side lot line, measured from the outside edge of the fuel island.
All major automobile repair work shall be done within a completely enclosed building.
Curbing to regulate the location of a vehicular traffic shall be installed at the street line of the lot, except for access.
Lighting shall be low level and directed downward and onto the project parcel. Lighting should not impact adjacent properties.
Dwellings, Multiple Family:
The minimum land area necessary per each individual dwelling unit shall be the minimum lot area for the zoning district in which the multiple family dwelling is to be located, except in the Town Hamlet Zoning District, where the minimum land areas necessary for multiple family dwellings shall be 7,500 square feet per dwelling unit.
Guest Cottage:
The deed to property improved by a guest cottage should include a covenant which runs with, touches and concerns the land, is expressly enforceable by the Town, which restricts the use of the guest cottage and prohibits the conveyance of the guest cottage as a separate principal building without prior Town approval.
Home Occupations:
Home Occupations shall comply with the following requirements:
Maximum Floor Area. No more than 33 percent of the total floor area of a dwelling unit or up to 100% of an Accessory Structure.
Conduct of Services. The use shall be conducted wholly within the enclosing walls of the dwelling unit, garage or accessory structure.
Signage. There shall be no external evidence of such use except for 1 sign not exceeding 2 square feet. The area of such signage shall count towards the total aggregate signage are for the premise. Such signs shall not emit any flashing or intermittent illumination.
Residential Appearance. No external structural alterations, which are not customary to a residential building, shall be allowed.
Onsite Wholesaling and Retailing Prohibited. Any form of business whose primary function is the wholesale or retail sale of goods or articles excluding Internet retail sales from the premises shall not be considered a home occupation.
Traffic. The use shall not result in or cause vehicular traffic that will create a nuisance to abutting properties or be detrimental to the residential character of the neighborhood.
Keeping of Livestock:
Livestock shall mean horses, cows, pigs, sheep, goats, deer, llamas, alpacas, emus, ostriches, chickens, ducks, geese and similar animals and birds.
Buildings, pens and other structures used to house or contain livestock shall be located at least 50 feet from any lot line or roadway (as measured from the edge of the driving surface), and at least 100 feet from any well or waterway.
Any refuse pile, compost or waste material pile from livestock shall be located at least 50 feet from any lot line or roadway (as measured from the edge of the driving surface), and at least 100 feet from any well or waterway.
Major Public Utility Use:
Major Public Utility Uses shall be reviewed by the Planning Board where proposed in any residential district. The Planning Board shall have the power to require any reasonable change in the Site Plan in order to protect the residential nature of adjoining properties.
Underground utilities including telephone and electric facilities are encouraged. Developers may be asked to provide justification if underground utilities are not provided in the Site Plan. Major installations are not to include the installation of standard electric and telephone poles, lines, underground cable, or electric connections.
Major Public Utility Uses shall be fenced from public view with a 6-foot minimum fence. This excludes transmission lines.
Electrical distribution substations shall be fenced with a 10 foot minimum fence and screened.
All Major Public Utility Uses and electrical distribution substation locations shall meet all the setback requirements regardless of size. This excludes transmission lines.
Major Public Utility Uses also require a permit from the Adirondack Park Agency as a Class A regional project.
Restaurants & Fast Food Restaurants:
If a “drive-thru” window is proposed, special consideration should be given to segregating drive-thru window traffic from other internal site circulation.
Landscape buffering berms may be required to ensure compatibility with surrounding uses.
Lighting should be low level and directed downward and into the project parcel. Lighting should not impact adjacent properties.
The hours of operation of the proposed facility may be limited at the discretion of the Planning Board to ensure compatibility with adjacent uses.
Swimming Pools, Spas and Hot Tubs:
All swimming pools must meet all structure setbacks of the Zoning District the swimming pool is located in.
No fences are allowed in LF Districts except for fences around swimming pools as required by the Residential Code of New York State Appendix G, Swimming Pools, Spas and Hot Tubs.
Except where located in the rear yard, the street sides of the pool shall be shielded from public view.
No pool shall contain water until the fence is completely installed.
Each pool shall comply with the “Residential Code of New York State,” Appendix G, Swimming Pools, Spas, and Hot Tubs.
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Telecommunications Facility/Tower:
Each applicant for a telecommunications facility and/or tower shall provide the Town Code Enforcement Officer with an inventory of existing towers, antennas, or sites approved for towers or antennas that are either within the jurisdiction of the Town or within one (1) mile of the border thereof including specific information about the location, height and design of each tower. The applicant must show that no existing towers or structures are located within the geographic area which meet the applicant’s engineering requirements.
Towers shall either maintain a galvanized steel finish or subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.
At a tower site, the design of the buildings or related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings.
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment shall be of a neutral color that is identical to or closely compatible with the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
The tower shall not be artificially lighted unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen shall cause the least disturbance to surrounding views.
No signs shall be allowed on a telecommunications facility and/or tower.
Telecommunications Facilities and Towers must be setback a distance equal to at least 100% of the height of the tower from any adjoining lot line and/or leased area.
Guys and accessory buildings must satisfy the minimum zoning district setback requirements.
Towers shall be enclosed by security fencing not less than 6 feet in height and shall also be equipped with an appropriate anti-climbing device provided, however, that the Planning Board shall waive such requirements as it deems appropriate.
Telecommunications facilities and towers shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from any adjacent residential properties. The standard buffer shall consist of a landscaped strip at least 4 feet wide outside the perimeter of the compound. In locations where the visual impact of the telecommunications tower would be minimal, the landscaping requirement may be reduced or waived.
Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as when telecommunication facilities or towers are sited on large wooded lots, natural growth around the property perimeter may be a sufficient buffer.
Forestry Use:
All logging operations shall commence a minimum of 50 feet back from the front lot line to maintain a buffer and preserve the visual character of the property.
