Chenango Town City Zoning Code
ARTICLE IV
Supplementary Standards
§ 73-9 Performance standards.
Land uses in all districts shall operate within the limits specified as follows as safeguards and conditions for the protection of the community welfare. Standard methods of collection, measure and chemical analysis or any method approved by the United States Bureau of Standards and Broome County Health Department shall be used in the application of these standards.
A.
[1]Noise.
[Added 7-2-2007 by L.L. No. 5-2007; amended 10-1-2007 by L.L. No. 7-2007]
(1)
It is the public policy of the Town of Chenango that every person is entitled to ambient noise levels that are not detrimental to life, health and the enjoyment of her or his property. As such, noise disturbances are any sounds which endanger or injure the safety or health of humans, or disturb a reasonable person of normal sensibilities. Further, the making, creation or maintenance of excessive or unreasonable noises within the Town menace the public health, comfort, convenience, safety, and welfare of the people of the Town. Thus, it is hereby declared that it shall be unlawful for any person to cause, allow or permit to be made an unreasonable noise within the geographical boundaries of the Town or within those areas over which the Town has jurisdiction, including the waters, rivers and riverbanks adjacent to, abutting or bordering the Town.
(2)
Land uses in all districts shall operate within the limits specified as follows as safeguards and conditions for the protection of the community welfare. Standard methods of collection, measure and chemical analysis or any method approved by the United States Bureau of Standards and Broome County Health Department shall be used in the application of these standards.
(3)
Section 73-9A shall be literally construed so as to effectuate the purposes described in § 73-9A. Nothing herein shall abridge the powers and responsibilities of any police department, law enforcement agency or code enforcement department to enforce the provisions of § 73-9A. Nothing herein shall be construed to abridge the emergency powers of any health department, code enforcement department or right of such department to engage in any necessary or proper activity.
(4)
Definitions and word usage. All terminology defined herein which relates to the nature of sound and the mechanical detection and recording of sound is in conformance with the terminology of the American National Standards Institute (ANSI) or its successor body. As used in § 73-9A, the following terms shall have the meanings indicated:
AMBIENT NOISE
The all-encompassing noise associated with a given environment, usually a composite of sounds from many sources.
A-WEIGHTED SOUND LEVEL
The sound pressure level, in decibels, as measured on a sound level meter using the A-weighted network. The level so read is designated "dBA."
COMMERCIAL AREA
A group of commercial facilities and the abutting public rights-of-way in public spaces.
COMMERCIAL FACILITIES
Any premises, property or facility involving traffic in goods or furnishing of services for sale or profit, including but not limited to:
(a)
Dining and/or drinking establishments.
(b)
Banking and other financial institutions.
(c)
Establishments providing retail services.
(d)
Wholesale services.
(e)
Recreation and entertainment.
(f)
Community services.
(g)
Public services.
(h)
Office buildings.
(i)
Transportation.
(j)
Warehouses.
(k)
Hotels and motels.
COMMUNITY SERVICE FACILITY
Any facility used to provide services to the public, including but not limited to:
(a)
Club meeting halls, offices and facilities.
(b)
Organization offices and facilities.
(c)
Facilities for the support and practice of religion.
(d)
Private and parochial schools.
CONSTRUCTION
Any activity necessary or incidental to the erection, demolition, assembling, altering, installing or equipping of buildings, public or private highways, roads, parks, utility lanes or other property, including but not limited to related activities such as land clearing, grading, earthmoving, excavating, blasting, filling and landscaping, but not including agriculture.
CONSTRUCTION EQUIPMENT
Equipment or tools used for construction activities as defined herein.
CONTINUOUS SOUND
Any sound that is not impulse sound dBA, the abbreviation designating the unit of sound as measured by a decibel level meter using A-weighting, also known as "dB(A)."
DECIBEL
The practical unit of measurement for sound pressure level; the number of decibels of a measured sound is equal to 20 times the logarithm to the base 10 of the ratio of the sound pressure of the measured sound to the sound pressure of the standard sound (20 micropascals); abbreviated "dB."
DEMOLITION
Any dismantling, intentional destruction or removal of buildings or structures.
EMERGENCY
Any occurrence or circumstance involving actual or imminent physical or property damage which demands immediate action.
EMERGENCY WARNING DEVICE
Any sound signal device used to warn of an emergency.
EMERGENCY WORK
Any work or action necessary to deliver essential services, including, but not limited to, repairing water, gas, electricity, telephone or sewer facilities or public transportation facilities, removing fallen trees on public rights-of-way, dredging of waterways or abating life-threatening conditions.
EXTRANEOUS SOUND
A sound that is neither part of the neighborhood residual sound nor comes from the source under investigation.
FREQUENCY
The number of sound pressure oscillations per second, expressed in hertz ("hZ").
IMPULSE SOUND
Sound characterized by either a single pressure peak or a single burst (multiple pressure peaks) having a duration of less than one second.
INDUSTRIAL FACILITY
Any activity in its related premises, property, facilities or equipment involving the fabrication, manufacture or production of durable or nondurable goods, including any property currently or hereafter zoned for any classification of industrial zoning according to the Zoning Map of the Town of Chenango.
MOTOR VEHICLE
Any vehicle that is propelled other than by human or animal power.
MUFFLER
A properly functioning sound dissipation device or system for abating the sound of escaping gases on equipment where such a device is part of the normal configuration of the equipment.
MULTIPLE-DWELLING BUILDING
Any building wherein there are two or more dwelling units.
NOISE
Any sounds of such level and duration as to be or tend to be injurious to human health or welfare, or which would unreasonably interfere with the enjoyment of life or property throughout the Town of Chenango.
NOISE DISTURBANCE
Any sound which endangers the safety or health of or injures humans or animals, or annoys or disturbs a reasonable person of normal sensitivities, or endangers or injures personal or real property.
PEAK SOUND PRESSURE LEVEL
Maximum absolute value of instantaneous sound pressure level during a specific time interval.
PERSON
Any individual, association, partnership, corporation or other entity and includes any officer, employee, department or agency of the above.
PLAINLY AUDIBLE
Any sound that can be detected by a person using his or her unaided hearing faculties. As an example, if the sound source under investigation is a portable or personal vehicle sound application or reproduction device, the enforcement officer need not determine the title of the song, specific words or the artist performing the song. The detection of the rhythmic bass component of the music is sufficient to constitute a plainly audible sound.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, road, highway, sidewalk or alley that is leased, owned, controlled or maintained by a government entity, no matter how designated.
PUBLIC SERVICE FACILITY
Any facility and its related premises, property or equipment used to provide governmental services to the public, including but not limited to:
(a)
Maintenance centers.
(b)
Waste recycling centers.
(c)
Water and sewage facilities.
PUBLIC SERVICE INDUSTRIAL FACILITY
Any facility and its related premises, property or equipment used to provide industrial governmental services to the public, including but not limited to:
(a)
Waste collection centers.
(b)
Waste recycling centers.
(c)
Water and sewage facilities.
PUBLIC SPACE
Any real property or structures thereof that are owned, leased or controlled by a governmental entity.
REAL PROPERTY LINE
Either the imaginary line, including its vertical extension, that separates one parcel of real property from another, or the vertical and horizontal boundaries of a dwelling unit that is one in a multiple-dwelling unit building.
RESIDENTIAL AREA
A group of residential properties and the abutting public rights-of-way and public spaces.
RESIDENTIAL PROPERTY
Property used for human habitation.
SOUND
An oscillation in pressure, particle displacement, particle velocity or other physical parameter in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity and frequency.
SOUND LEVEL PRESSURE
The level of a sound measured in dB units with a sound level which has a uniform (flat) response over the bank of frequencies measured.
SOUND REPRODUCTION DEVICE
Any device that is designed to be used or is actually used for the production or reproduction of sound, including but not limited to any amplified musical instrument, radio, television, tape recorder, phonograph, loudspeaker, public address system or any other sound-amplifying device.
SOUND SOURCE
Any person, animal, device, operation, process, activity or phenomenon that emits or causes sound.
UNREASONABLE NOISE
Any sound which is defined in § 73-9A(4).
VIBRATION
An oscillatory motion of solid bodies, of deterministic or random natures, described by displacement velocity or acceleration with respect to a given reference point.
(5)
Specific acts considered to be unreasonable noise.
(a)
The factors to be considered in determining whether the following specific acts constitute unreasonable noise in a given situation include but are not limited to any or all of the following:
[1]
The intensity of the noise.
[2]
Whether the nature of the noise is usual or unusual.
[3]
Whether the origin of the noise is associated with nature or with human-made activity.
[4]
The intensity of the background noise, if any.
[5]
The proximity of the noise to sleeping facilities.
[6]
The nature and the zoning district of the area within which the noise emanates and of the area within 500 feet of the source of the sound.
[7]
The time of the day or night the noise occurs.
[8]
The time duration of the noise.
[9]
Whether the sound source is temporary.
[10]
Whether the noise is continuous or impulsive.
[11]
The volume of the noise.
[12]
The existence of complaints concerning the noise from persons living or working in different places or premises who are affected by the noise.
(b)
Specific acts include but are not limited to any of the following acts or causes thereof which either annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of a reasonable person of normal sensibilities, and are therefore declared to be unlawful and to constitute unreasonable noise.
[1]
Causing or permitting the operation of any device, vehicle, construction equipment or lawn maintenance equipment, including but not limited to any diesel engine, internal combustion engine, or turbine engine without a property functioning muffler.
[2]
Using, operating or permitting the use or operation of any sound production or reproduction device (including those emanating from houses, buildings and vehicles) to be plainly audible beyond the source property line at any time during the day or night.
[3]
Emitting motor sounds from on-road and/or off-road vehicles beyond the source property line at any time during the day or night that are plainly audible and that would disturb the peace or comfort of a reasonable person of normal sensibilities.
[4]
Emitting human sounds that are plainly audible beyond the source property line at any time during the day or night that would disturb the peace or comfort of a reasonable person of normal sensibilities.
[5]
Causing a vehicular sound reproduction system to be plainly audible at a residential property line in such a manner as to be disturbing or a nuisance to reasonable persons of normal sensibilities at any time during the day or night. As an example, if the sound source under investigation is a portable or personal vehicular sound amplification or reproduction device, the detection of the rhythmic bass component of the music or voice is sufficient to verify plainly audible sound. An enforcement officer need not determine the title, specific words or the artist performing the music or song.
[6]
Operating or permitting the use of any tools or equipment in an R Residential District for construction, drilling, excavation or demolition work between the hours of 9:00 p.m. on Saturday and 7:00 a.m. on Monday, where such sound created from the use or operation thereof is plainly audible across a residential property line, except in cases of an emergency.
(6)
Maximum permissible continuous sound levels. In addition to those specific prohibitions set forth hereinabove in § 73-9A(5), the following general prohibitions regarding continuous sound levels shall apply in determining unreasonable noise. For the purpose of § 73-9A, noise shall be measured as follows:
(a)
The measurement of sound or noise shall be made with a sound level meter meeting the standards prescribed by the American National Standards Institute.
(b)
The slow meter response of the sound level meter shall be used in order to best determine that the average amplitude has not exceeded the limiting noise level.
(c)
Measurement of noise levels shall be made at or beyond the property line of the property on which such noise is generated or perceived, as appropriate, and shall be taken at least four feet from ground level.
(d)
Compliance with the noise limits shall be maintained at all elevations at the boundary of the property.
(e)
Daytime hours shall be between 7:00 a.m. and 11:00 p.m. Nighttime hours shall be between 11:00 p.m. and 7:00 a.m.
(7)
The limits referred to above shall be in accordance with the following:
(a)
In industrial use districts:
[1]
During daytime hours: 70 dBA.
[2]
During nighttime hours: 70 dBA.
(b)
In commercial use districts:
[1]
During daytime hours: 65 dBA.
[2]
During nighttime hours: 57 dBA.
(c)
In residential use districts:
[1]
During daytime hours: 60 dBA.
[2]
During nighttime hours: 50 dBA.
(8)
Variances. Upon written petition to the Zoning Board of Appeals, that Board may grant a variance as to the limits specified hereinabove. Such variance shall be issued for specific properties and shall specify both limits and hours during which those limits are applicable.
(9)
Exceptions. Unless the sound levels are dangerous or injurious to the health or safety of a person, the provisions of this law shall not apply to:
(a)
Sounds and vibrations emitted for the purpose of alerting people in emergencies.
(b)
Sounds created by bells or chimes of religious institutions.
(c)
Sounds created by any public entity in the course of its duties (fire companies, tow trucks, schools, police agencies, etc.).
(d)
Noise from burglar alarms of any building or motor vehicle.
(e)
Sound and noise from power tools or construction-related equipment or activities on Sundays, where the tools or construction-related activities are used or conducted by or on behalf of the property owner for the maintenance or improvement of the owner's principal residence.
(f)
Noise from lawn mowers and related lawn equipment, snowblowers, snowplows and agriculture equipment.
(g)
Noise typically associated with residential uses (e.g., air conditioners in good working order, swimming pool filter motors, etc.).
(h)
Noise created by the normal operation of public and private schools, typically consisting of classes and other school-sponsored activities, noise generated by municipally sponsored concerts and special events.
(i)
Noise generated by events of bona fide charitable organizations under the New York State Not-for-Profit Corporation Law.
(j)
Noise allowed by special permit issued by the Town of Chenango.
(k)
Noise due to emergency repairs during any hour of any day of the week and construction equipment being loaded or unloaded on Sundays in a residential district.
(10)
Enforcement and administration. The noise control requirements established by § 73-9(A) shall be administered and jointly enforced by the Town enforcement officers and the police agencies of Broome County or officials authorized by the Town Board of the Town of Chenango. Violations of § 73-9A may be established upon verbal or written complaint by at least one person.
(11)
Penalties for offenses. Any person who violates any provision of § 73-9A shall be deemed guilty of a violation and, upon conviction thereof, shall be subject to penalties in the following manner:
(a)
Upon a first conviction: by a fine of not less than $50 and not more than $250 or by imprisonment for a period not to exceed seven days, or by both such fine and imprisonment.
(b)
Upon a second conviction: by a fine of not less than $100 and not more than $1,000 or by imprisonment for a period not to exceed 10 days, or by both such fine and imprisonment.
(c)
Upon a third or subsequent conviction: by a fine of not less than $250 and not more than $3,000 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment.
(d)
If the violation is of a continuing nature, each eight-hour period during which it occurs shall constitute an additional, separate and distinct offense.
[1]
Editor's Note: Former Subsection A, Noise, as amended, was repealed 9-18-2006 by L.L. No. 4-2006.
B.
Odor. It shall be unlawful for any person to permit the emission of any odor that is unreasonably offensive as measured at the individual property lines.
C.
Parking.
[Amended 6-11-2003 by L.L. No. 1-2003]
(1)
Each land user must provide sufficient suitable on-site parking spaces to prevent any necessity for off-site parking, as required by this chapter.
(2)
It shall be unlawful to park any tractor-trailer truck or a trailer for a tractor-trailer truck or a tractor-trailer truck attached to a truck in any neighborhood with a residential designation.
D.
(Reserved)[2]
[2]
Editor's Note: Former Subsection D, Vibration, was repealed 9-18-2006 by L.L. No. 4-2006.
E.
Noxious gases.
[Amended 6-11-2003 by L.L. No. 1-2003]
(1)
It shall be unlawful for any person to permit the escape of such quantities of noxious acids, fumes or gases that may affect the comfort or safety of any person or have a tendency to cause injury or damage of property, business or vegetation.
(2)
Vehicles and equipment left idling create a nuisance to Town residents in the form of harmful exhaust fumes and noxious gases. Thus, it shall be unlawful for any person or entity to cause or to permit any vehicle to idle in a residentially designated zone for more than five minutes in any sixty-minute time period other than a legally authorized emergency vehicle or unless the engine is being used to operate a loading, unloading or processing device.
F.
Glare. It shall be unlawful for any person to carry on a process such that a continuous direct or sky-reflected glare, whether from floodlights or welding or temperature process, such as combustion or welding, or other such high intensity or brilliance to be carried on at such a location as to cause glare or impair the vision of the driver of any motor vehicle.
G.
Fire and safety hazards.
(1)
All buildings, operations, storage, waste disposal, etc. shall be in accordance with the applicable provisions of the New York State Uniform Fire Prevention and Building Code.[3]
[3]
Editor's Note: Former Subsection G(2), Open burning, which immediately followed, was repealed 7-6-2022 by L.L. No. 4-2022.
H.
Open storage. It shall be unlawful for any person to permit the open storage of any material, scrap or waste, including usable and/or salvageable merchandise or stock-in-trade, without screening, such as a fence, hedge or other barrier at least eight feet high, that makes the open storage invisible to persons passing in a normal manner any property line facing the public right-of-way. Location of said screening shall be subject to the front, side and rear yard restrictions; provided, however, that protective fencing, decorative planting, etc. shall not be subject to these restrictions.
I.
Smoke. It shall be unlawful for any person to permit the emission of any smoke from any source whatsoever that is unreasonably offensive as measured at the individual property line.
[Amended 9-18-2006 by L.L. No. 4-2006]
J.
Pollution of water. It shall be unlawful for any person to permit the pollution of surface water drainage or of groundwater in any manner that renders it less usable in quality and quantity for irrigation, swimming, drinking, visual attractiveness or whatever lawful uses made of water resources to persons downstream than such water's usefulness as it enters said person's property or area of operation. County Health Department standards shall be met.
K.
Height exceptions. The limitations of height shall not apply to chimneys, silos, ventilators, skylights, tanks and other necessary features usually carried above roofs, nor to towers or spires of churches or other buildings, if such features are in no way used for living purposes.
L.
Visibility at intersections. On corner lots, no fence, wall, hedge or other structure or planting more than 24 inches above the adjacent road center line which restricts visibility at an intersection shall be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line joining said street lines at points which are 30 feet distant from the point of intersection, measured along said street lines.
[Amended 7-16-1979]
M.
Dwellings on small lots. Nothing in this section or any amendment thereto shall prohibit the erection of a one-family dwelling on any lot of less than the required area, provided that all other provisions of this section are complied with, if such lot at the time of the passage of the Town of Chenango Zoning Ordinance, amended, as adopted May 23, 1966, is held under separate ownership or lesseeship from the adjoining lots or if the adjoining lot or lots are under the same ownership or lesseeship and are not vacant lots.
[Amended 5-5-2008 by L.L. No. 2-2008]
(1)
Dwellings on small lots established prior to the enactment date of this local law.[4] Any parcel of land with frontage, depth, width with area conforming to that prescribed for a lot in the district in which said lot is situated prior to the adoption of this local law may be used as a lot for the purpose permitted in the district without obtaining a variance from the Zoning Board of Appeals, provided all other provisions of the previously existing regulations have been complied with.
[4]
Editor's Note: “This local law” refers to L.L. No. 2-2008.
(2)
Dwellings on lots established after the adoption of this local law.[5] All lots established after adoption of this local law shall meet all provisions of the newly adopted Zoning regulations in the district in which the lot is situated.
[5]
Editor's Note: “This local law” refers to L.L. No. 2-2008.
N.
Waste disposal and storage of material. Dumping of rubbish, refuse, garbage, waste material or other substances is prohibited in all restricted districts within the Town; nonputrescible materials may be used for the purpose. Any such fill is to be leveled immediately, and when such fill is completed, it shall be covered immediately with at least four inches of clean earth. No materials of any kind shall be stored outdoors on the premises in any restricted districts, except for the construction of a structure to be actually erected on the premises upon which the materials are stored within a period of one year from the date of such storage. [See also § 73-12C(4).]
O.
Change of use. No change shall be made in the use or type of occupancy of an existing building unless a certificate of occupancy shall have been issued by the Code Enforcement Officer.
P.
Fuel vessels and containers. Any vessel or container used for the purpose of holding or storing any fuel for use incidental to the principal use of a dwelling as a residence, in any zoned area, shall be considered an accessory structure as defined herein, whether in or on the ground. The setback from side or rear property lines shall be not less than 10 feet, and the construction and installation shall be in accordance with the New York State Uniform Fire Prevention and Building Code. All other rules and regulations shall apply thereto unless there is provision otherwise. Fuel shall include, but is not limited to, gasoline, kerosene, fuel oils, natural gas and manufactured gas.
[Amended 4-15-1996 by L.L. No. 2-1996]
Q.
Swimming pools.
[Added 6-1-1981]
(1)
All outdoor swimming pools shall be considered an accessory building, as defined in this chapter.
(2)
In-ground pools.
(a)
Location:
[1]
All in-ground pools shall be located or conform to the setbacks of the existing buildings on the lot.
[2]
No part of any pool shall be located closer than six feet from any side or rear property line.
(b)
Protection. Shall conform to New York State Uniform Fire Prevention and Building Code regulations.
[Amended 4-15-1996 by L.L. No. 2-1996]
(3)
Aboveground pools.
[Amended 4-15-1996 by L.L. No. 2-1996; 10-6-1997]
(a)
Protection: shall conform to New York State Uniform Fire Prevention and Building Code regulations.
(4)
Lighting. All lighting shall be diffused and directed away from neighboring property.
(5)
Permits.
(a)
No swimming pool shall be erected until after obtaining a building permit.
(b)
Each permit application shall be accompanied by:
[1]
A site plan showing location and size of pool on lot, with dimensions to all property lines and buildings. The site plan will include a storm runoff plan for the lot.
[2]
Pool dimensions and liquid capacity.
[3]
Size and type of filter and motor.
[4]
Method of filling and emptying pool.
(c)
A permit will be obtained from the Town Water Department before filling any swimming pool for the first or subsequent fillings.
(6)
Indoor swimming pools.
(a)
Indoor swimming pools shall be considered part of the primary building and shall comply with rules and regulations for the same.
(b)
Applicants for indoor pools will provide plans therefor prepared by a licensed engineer or architect before obtaining a permit.
R.
Grass and undergrowth. It shall be unlawful for any person to permit grass or undergrowth to exceed 12 inches in height on a developed residential lot or portions thereof, as determined by the Code Enforcement Officer.
[Added 3-12-1997]
§ 73-10 Nonconforming uses.
A.
Continuation. The lawful use of any building or land existing at the time of the enactment of this chapter may be continued although such use may not conform to the provisions of this chapter, unless specifically provided for elsewhere in these regulations.
B.
Changes. A nonconforming use can be enlarged or expanded to the border of the parcel's boundaries as they existed at the time the use became nonconforming, and no further. A parcel's use may be changed to a more restrictive classification and, when so changed, shall not thereafter resume the less restrictive use.
[Amended 7-10-2024 by L.L. No. 3-2024]
C.
Completion. Nothing in this section shall prohibit the completion of any lawful structure for which the excavation has been prepared and the foundation walls constructed at the date this chapter takes effect; provided, however, that construction must be completed within a period of one year from that date.
D.
Reconstruction. Any structure containing a nonconforming use which has been wholly or partially destroyed by means other than intent or design beyond 50% of its assessed valuation may not be constructed or repaired for the designated nonconforming use existing prior to the event. Any structure containing a nonconforming use which has been partially destroyed by means other than intent or design to a lesser extent than 50% of its assessed valuation may be reconstructed or repaired within one year thereafter for the designated nonconforming use prior to the event.
E.
Cessation.
(1)
Whenever a nonconforming use of a building and/or land has ceased for six months, any future use shall be in conformity with the provisions of this chapter.
(2)
Any use requiring a license or special permit which becomes nonconforming as of the date of the adoption of these regulations shall, within six months, apply for and secure such license or permit and shall file such plot plans or maps as may be required. In addition, the Town may, within one year from the issuance of such license or permit, require such screening, landscaping or grading as may be reasonable and consistent with the purpose and intent of those regulations.
(3)
Any extension of a use in a zoned area permitting such use shall conform to the requirements set forth in these regulations.
§ 73-11 Special district standards.
[Amended 8-17-1981]
A.
(Reserved)[1]
[1]
Editor's Note: Former Subsection A, Flood Management District, was repealed 3-26-1987 by L.L. No. 2-1987. For current provisions, see Ch. 39, Flood Damage Prevention.
B.
Aquifer District.
[Added 7-18-1983; amended 8-19-1991]
(1)
The purpose and intent of establishing the wellhead aquifer recharge and watershed protection areas described in this subsection is to minimize the potential for contamination of the aquifer which currently supplies or in the future may supply water to users in the Town of Chenango and thereby to protect and maintain groundwater quality in the protection zones tributary to the Chenango Water District well fields and to protect the general health and safety of the residents of the Town of Chenango. The Aquifer District shall include those areas set forth on an aquifer map established by enactment of the Town Board of the Town of Chenango and incorporated as part and parcel of this chapter.[2]
[2]
Editor's Note: The Aquifer District Map is on file in the office of the Town Clerk.
(2)
Nonapplicability. The Aquifer District regulations contained herein in their entirety, and including §§ 73-12C(12); 73-55, Attachment XII; 73-56, Attachment XIII; and 73-57, Attachment XIV; and all schedules, designations and regulations thereunder shall not apply to any activity or development regulated by the Environmental Conservation Law, Article 23, Title 27, entitled the "New York State Mined Land Reclamation Law."
[Added 12-16-1991[3]]
[3]
Editor's Note: This legislation also renumbered former Subsection B(2) and (3) as B(3) and (4).
(3)
Definitions. As used in this subsection, the following terms shall have the meanings indicated, except where the context clearly indicates a different meaning:
AQUIFER
A saturate permeable subsurface geologic unit that can transmit a significant quality of water under ordinary hydraulic gradients.
AQUIFER RECHARGE ZONE
Those land areas outside the Wellhead Protection Zone (Zone I) through which a large volume of precipitation or surface runoff flows directly into the aquifer. This area is designated on the Wellhead Protection Map as "Zone II."
CONE OF DEPRESSION
The depression, roughly circular in shape, produced in a water table or other piezometric surface by the extraction of water from a well at a given rate. The volume and extent of the cone varies with the rate and duration of withdrawal of water.
CONSTRUCTION AND DEMOLITION DEBRIS
Solid wastes resulting from land clearing, road building or the construction, demolition and repair of structures. Such wastes include, but are not limited to, bricks, concrete, rock, lumber, paving materials, tree stumps and brush.
DEVELOPMENT
Any man-made change to improved or unimproved real estate that includes, but is not limited to, the construction of buildings, tanks or other material storage facilities, the renovation of structures, dredging, filling, grading, landfilling, commercial excavation or the installation of pipelines and waste treatment facilities.
DISCHARGE
Discharge denotes the release of a material by any means onto the surface of the ground, below the surface of the ground, into surface waters or into groundwaters.
GROUNDWATER
The subsurface water found in soils and geologic formations that are fully saturated.
PERSON
A single individual, a group of individuals, an association, a company or a corporation.
REFUSE
All putrescible and nonputrescible solid waste that includes, but is not limited to, garbage, rubbish, ashes, incinerator residue, junk cars, dead animals, commercial wastes, medical wastes and industrial wastes.
TOXIC OR HAZARDOUS MATERIAL
Any substance, whether in solid, liquid or gaseous state, that because of its characteristics may present a potential hazard to human health or the drinking water supply if discharged to the surface of the land or the aquifer in the Town of Chenango. This includes, but is not limited to, hazardous substances listed in Part II of Title 40 of the Code of Federal Regulations, as amended; substances that meet the hazardous waste characteristics tests as defined by the Federal Resource Conservation and Recovery Act of 1976, as amended; and the regulations adopted pursuant thereto; acids or bases beyond a pH range of 6.5 to 8.5; petroleum products; metal plating solutions; solvents or degreasers. This definition shall not include natural gas subject to regulation by state or federal authorities.
VIOLATION
A failure to comply with or conform to the provisions of this section.
WATERCOURSE
A stream channel with either intermittent or continuous water flow.
WATERSHED ZONE
The land surface that is hydraulically tributary to the Aquifer Recharge Zone as so designated on the official map of the Aquifer District.
WELLHEAD PROTECTION ZONE
The land area that is so designated on the official Aquifer District Map.
(4)
Designation of districts; Zoning Map.
(a)
For the purpose of this chapter, the Town of Chenango is hereby divided into the following types of aquifer district zones, all of which are depicted on the Official Map of the Town of Chenango adopted herewith and made part of this chapter:
[1]
Zone I (Wellhead Protection Area).
[2]
Zone II (Aquifer Recharge Area).
[3]
Zone III (Watershed Area).
(b)
The specific uses permitted in each zone are set forth in detail in § 73-55, attachment number XII, entitled "Schedule of Regulations Aquifer District -- Zone I, Wellhead Protection Area;" § 73-56, attachment number XIII, entitled "Schedule of Regulations Aquifer District -- Aquifer Recharge Zone;" and § 73-57, attachment number XIV, entitled "Schedule of Regulations Aquifer District -- Watershed Area," all of which are incorporated herein and made a part and parcel of this chapter.
§ 73-12 Special permit standards.
[Amended 7-16-1979; 2-7-1983; 7-18-1983; 11-6-1989; 8-19-1991; 12-16-1991; 9-13-1993; 1-24-1994; 4-15-1996 by L.L. No. 2-1996; 5-5-2008 by L.L. No. 2-2008; 7-7-2008 by L.L. No. 3-2008; 6-1-2020 by L.L. No. 3-2020; 4-2-2025 by L.L. No. 2-2025]
Uses permitted after the issuance of a special permit by the Planning Board shall conform as follows:
A.
The provisions prescribed herewith for each special permit use.
B.
All other applicable provisions for the district for which said use is permitted unless said provisions are waived by the Planning Board.
C.
The special permit uses are as follows:
(1)
Professional offices/home occupations. Any use conducted entirely within a dwelling which is clearly incidental and secondary to residential occupancy and does not change the character thereof nor, with the exception of a permitted sign, have any exterior evidence of such secondary use. Such permitted professional offices/home occupations shall include, but shall not be limited to, the following: accountant, architect, artist, barber, beautician, chiropractor, dentist, dressmaker, engineer, insurance broker, lawyer, medical doctor, real estate broker, repairman (excluding the repair of motor vehicles), surveyor, tailor and teacher.
(a)
Regulations. A professional office/home occupation may be permitted in a dwelling in an R District, in an A-Agricultural District, except that a home occupation shall be permitted in an existing accessory building on the same parcel as the principle residence within an Agricultural Zone only, or Residential Zone of the PDD Districts, provided that:
[1]
The home occupation shall consist of the inhabitants and not more than two noninhabitants of the dwelling.
[2]
(Reserved)
[3]
One vehicle parking space with a minimum dimension of eight feet six inches by 18 feet with necessary ingress and egress to said parking space and not on any part of the public right-of-way shall be provided for each 100 square feet of gross floor area of the professional office/home occupation.
[4]
Appropriate landscaping shall be provided in conformity with the district in which such professional office/home occupation is located.
[5]
The Planning Board shall review the site plan site and make a determination that the use will not constitute a traffic hazard or otherwise be detrimental to the residential character of the area. The Planning Board may place conditions on use to alleviate such hazards.
(b)
Restrictions or prohibitions.
[1]
Indoor and/or outdoor storage or display of merchandise not produced by such home occupation.
[2]
Window displays.
[3]
Use of property as a dropoff point for merchandise not produced by such home occupation.
[4]
Selling of merchandise not produced by such home occupation.
[5]
Building alterations and storage of equipment and machinery visible from off the lot on which the home occupation is located.
[6]
Storage and display of merchandise produced by such home occupation which is visible from off the lot on which the home occupation is located.
[7]
Special permit shall expire when the home occupation changes ownership when the nature of the home occupation changes or the real property changes ownership or for what ever conditions the Planning Board may establish.
(2)
Electrical distribution substations and other public utility structures. Electrical distribution substations and other public utility structures may be permitted in any district, provided that:
(a)
A facility, when not housed in a completely enclosed structure, shall be enclosed with a fence set back from property lines in accordance with the yard requirements as set forth for principal structures for the district in which said facility is located.
(b)
Appropriate landscaping shall be provided in conformity with the district in which such facility is located.
(c)
The facility shall not involve business offices, storage areas or structures requiring trucking or traffic movements.
(d)
At no point at the boundary of said public utility site in residential areas shall the sound-pressure levels exceed tolerable levels in accordance with accepted standards as determined by the County Health Authorities and/or the Public Service Commission.
(3)
Nursing homes, hospitals or medical arts buildings. Nursing homes, hospitals or medical arts buildings, not including homes for the mentally defective, may be permitted in A Residence Districts, provided that:
(a)
No principal building shall be located closer than 50 feet to any lot line which is not a street line.
(b)
The location shall be such as to offer reasonable protection to the neighborhood against possible detrimental effects, taking into consideration the physical relationships to surrounding properties and access to the site over any nearby residential streets. The Planning Board shall determine appropriate safeguards after review of the site plans.
(c)
Off-street parking shall be provided in the following ratio: two parking spaces for each one bed unit. Where there are no bed units, parking will be in accordance with § 73-20G through G(2)(f).
(d)
Signs. A special permit to exceed the requirements as set forth for permitted signs may be granted if the use for which such permits is sought will meet the requirements set forth in this chapter.
(4)
Dump or waste disposal.
(a)
No dump or waste disposal lot, land or part thereof used for the disposal of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind by abandonment, dumping, burial, burning or any other means and for whatever purpose shall be used until a special use permit for said use has been obtained from the Planning Board, provided that said special permit use complies with the Town of Chenango Dump and Waste Disposal Ordinance.[1]
[1]
Editor's Note: See Ch. 34, Dumping.
(b)
All persons, associations, partnerships, firms or corporations in the business of collecting, buying, selling or otherwise dealing in junk as defined by this chapter shall be subject to the issuance of a special permit by the Planning Board as provided in § 15-4 of this Code.
(5)
Use of cellars as dwellings. A cellar or basement may be used as a dwelling subject to specifications and requirements for dwellings in R Residential District or to the specifications and requirements for dwellings where said use is located in another district which permits residential uses, provided that no cellar shall be used as a dwelling until a special permit for a term not to exceed two years has been obtained from the Planning Board. The Planning Board shall require any additional regulations and specifications as it deems necessary in case a permit is issued. The Planning Board may renew the permit once for an additional period not to exceed one year, but in no case is the Planning Board obligated to issue or renew such a permit.
(6)
Amusement centers. A special permit for amusement centers in NC Districts may be granted by the Planning Board, provided that, upon review of the submitted site plan, the Planning Board determines that the proposed use shall be in conformance with the provisions of the Zoning Ordinance (Schedule of Regulations) as it relates to:
(a)
Location and size of the parking area (number of required spaces approved by the Board).
(b)
Traffic circulation.
(c)
Proper lighting system (diffused, no glare).
(d)
Landscaping (properly maintained screening adjacent to R District).
(e)
Size and location of signs.
(f)
Other conditions deemed necessary by the Board.
(7)
Aviation landing fields. An aviation landing field is permitted only after special permit for said use has been obtained from the Planning Board, provided that the special permit use complies with Article VII.
(8)
Gasoline service stations and auto repair shops. Gasoline service stations and auto repair shops shall be subject to the issuance of a special permit by the Planning Board as provided in § 15-4 and shall also be subject to the following conditions:
(a)
No garage or filling station shall be located within 250 feet of the lot or parcel occupied by a public or private school, public or private hospital, public library or a church. The measurement distance shall be from the closest lot line to the closest lot line.
(b)
Pumps, lubricating or other devices shall be located at least 20 feet from any street line or highway right-of-way.
(c)
All fuel, oil or similar substances shall be stored at least 35 feet distance from any street or lot line.
(d)
All automobile parts, dismantled vehicles and similar articles shall be stored within a building.
(e)
No repair work shall be performed out of doors.
(f)
No more than one unlicensed vehicle shall be stored outside of the building at any one time.
(g)
Such other conditions as may be deemed appropriate by the Planning Board to preserve the character of the district and to protect adjacent property.
(9)
Quarry, sandpit, gravel pit and topsoil stripping. Quarries, sandpits, gravel pits and topsoil stripping shall be subject to the issuance of a special permit by the Planning Board, provided that the Board receives sufficient evidence to indicate that the proposed use will not materially harm property nor comprise a nuisance to the health, safety or welfare of the community. The Board may impose such conditions and safeguards as may be deemed necessary to protect and conserve adjacent property and to maintain the character of the district, as provided in § 15-4, and shall be in conformity with the Town of Chenango Excavation Ordinance.[2]
[2]
Editor's Note: See Ch. 36, Excavations.
(10)
Adult entertainment business.
(a)
Adult entertainment businesses shall be subject to the issuance of a special permit by the Planning Board, as provided in § 15-4 of this Code, and shall be subject to the following conditions:
[1]
No adult entertainment business shall be located within 1,000 feet of a residential area.
[2]
No building housing an adult entertainment business shall be located closer than 50 feet to any street line.
[3]
No signs of any kind shall be permitted on the exterior of any building housing an adult entertainment business, except for one unlighted sign, two square feet in size, affixed to the front of the building. Said permitted sign shall not project above the roof nor perpendicular to any face of the building where it is affixed. Said sign may indicate the type of business but contain no illustrations.
[4]
No adult entertainment business shall be located within 1,200 feet of a school, church, park or playground. The measurement shall be from closest lot line to closest lot line.
(b)
Such special permit shall be for a period of one year. Applications for subsequent years may be considered by the Planning Board in the same manner as the original application.
(11)
Restaurants, eating or drinking establishments not selling or serving alcoholic beverages. Under certain circumstances, the Planning Board may or may not grant an applicant permission to establish an eating or drinking establishment within a Neighborhood Commercial District, provided that no alcoholic beverages are sold or consumed on the premises, after a normal public hearing and site plan review.
(12)
Aquifer District.
(a)
General requirements for all Aquifer District Zones.
[1]
An operations permit must be obtained for all currently existing nonconforming developments within all Aquifer Zones.
[2]
No person shall perform any act which may result in the contravention of water quality standards contained in 10 NYCRR Part 5 (Drinking Water Supplies) or any other applicable federal or state law or regulation.
[3]
The area lying within the boundaries of a wellhead protection zone is to be designated as a sensitive environmental area.
(b)
Nonconforming use permits.
[1]
The owner of an existing development made nonconforming by this chapter shall obtain from the Town of Chenango Planning Board an operating permit. Unless a permit has been granted within one year following the adoption of this chapter, such nonconforming operation shall cease.
[2]
Upon review of the application and all supporting documentation, the Planning Board shall determine if any corrective action is required to lessen or remove the risk of groundwater contamination posed by the nonconforming development. When the applicant demonstrates to the Planning Board that all required corrective action has been implemented, the Planning Board shall issue an operating permit for the development.
(c)
New development permits. Any new construction or development within a wellhead protection zone that exceeds any of the criteria below listed shall be allowed only on issuance of the special permit by the Planning Board.
[1]
Any new construction or development, other than residential, farming, gardening, forestry, harvesting or grazing, that exceeds $50,000 in cost.
[2]
Any new construction or development that involves the storage of toxic or hazardous materials exceeding 55 gallons or 500 pounds or the use of toxic or hazardous materials exceeding 55 gallons or 500 pounds in a single month.
[3]
Any new project that requires a permit from the New York State Department of Environmental Conservation.
(d)
Application for new development permits. An application for a new development permit shall submit the following information:
[1]
The name, address and telephone number of the applicant.
[2]
If the applicant is a corporation, the names, addresses and telephone numbers of the principal corporate officers and directors; in a partnership, the names and addresses of the partners.
[3]
A map showing the location of the premises for which the permit is sought and plans prepared by a licensed professional engineer or architect that show all features necessary for the satisfactory on-site conveyance, storage, use and disposal of sanitary wastes, stormwater runoff, process wastes and toxic or hazardous wastes within the property boundaries of the business or commercial establishment.
[4]
Whenever storage of hazardous or toxic materials exceeds 500 gallons or 5,000 pounds or the use exceeds 500 gallons or 5,000 pounds in a single month, provisions for the containment of any potential spills or such other protection as the Town Planning Board may deem appropriate.
[5]
Copies of any permits and applications to any other governmental agency.
[6]
A list of all toxic or hazardous materials currently used or stored on the premises that includes quantities, methods of storage, usages and methods of disposal.
[7]
One completed original and two copies of the Town of Chenango Groundwater Protection Form.
[8]
Such other information that the Planning Board shall determine necessary to a decision on the application.
(e)
Issuance of nonconforming use or development permits. The Town Planning Board may grant a permit, deny a permit or grant a permit with stated conditions. The applicant shall use the best available means to prevent contamination of the water supply of the Town of Chenango. This requirement shall be a continuing requirement. The Town Zoning Board shall maintain continuing jurisdiction and shall have the power and authority to require the applicant to maintain the development or facilities using state-of-the-art technology.
(f)
Change in use or ownership. A permit holder shall be responsible for submitting an application for a new permit if hazardous or toxic materials not listed in the original permit are subsequently used or stored at the site. A change in ownership of the property shall necessitate the issuance of a new permit.
(13)
Kennels for the care and breeding of pets and domestic animals. Kennels for the care and breeding of pets and domestic animals shall be subject to the issuance of a special permit by the Planning Board as provided in § 15-4 and shall be subject to the following standards:
(a)
No animals as defined by Chapter 32, Article II, § 32-11, shall be harbored or maintained without a special permit of the Planning Board.
(b)
No more than two animals as defined by Chapter 32, Article II, § 32-11, or three licensed dogs maintained or harbored prior to the existence of the adoption of this article shall be maintained or harbored without a special permit of the Planning Board.
(c)
All animal food shall be kept under cover and in sealed containers.
(d)
All animal waste shall be removed daily from the premises in tightly covered containers.
(e)
The premises shall be maintained so as not to constitute a nuisance as defined by Chapter 32, Article II, § 32-11.
(14)
Riding academies, rodeos, animal expositions and competitions either for profit or not for profit.
(15)
Additional accessory structures: More than two accessory structures. Additional accessory structures shall be subject to the issuance of a special permit by the Planning Board as provided in § 15-4 and shall be subject to the following standards:
(a)
The additional accessory structures shall not be in conflict with the character of the neighborhood and surrounding properties.
(16)
Light industrial business. Light industrial businesses shall be subject to the issuance of a special permit by the Planning Board. The Board may impose such conditions and safeguards as may be deemed necessary to maintain the character of the district, as provided in § 15-4, and shall also be subject to the following conditions:
(a)
Shall not be located within 1,000 feet of the R, PDD-R-1, PDD-R-II or MH Zoning Districts;
(b)
Shall only be permitted on lots adjacent to Interstate-81;
(c)
Shall not exceed 8,500 square feet of floor area;
(d)
Shall not produce significant truck traffic in excess of adjacent streets and highways’ capacity for the same; and
(e)
Shall not produce dust, vibration, noise or other external impacts that cause a disturbance off-site.
D.
Suspension or termination of special permits. Said special permit(s), granted upon application, public notice and hearing may be withheld or withdrawn upon determination that:
(1)
Any conditions imposed by the original grant are not being adhered to in whole or in part; or
(2)
That the temporary duration of the original grant necessitates cessation.
E.
Fee schedule. The Town Board shall establish a schedule of fees for special permit uses payable when the permit is applied for. Permits issued under such a schedule shall expire one year from the date of issue.
F.
Grace period.
(1)
No legal action shall be taken against any person with regard to any violation of this article, which violation exists on the date of the enactment of this article, provided that such person terminates all violations by him, whether by removal, repair or permit as herein provided, within 12 months of said enactment date.
(2)
Upon the creation of any additional sewer districts or expansions of existing districts, all violations which exist shall be terminated, whether by removal, repair or permit, as herein provided, within 12 months of receiving written notification of sewers being available.