Detached residential accessory uses and structures are permitted, provided they meet the following requirements:

Such detached accessory uses and structures may include, but are not limited to:

Attached residential garages, carports, decks and terraces located in the side or rear yard and meeting the garage setback requirement of the zoning district in which it is located.

Fences and walls subject to the provisions of § 120-53.9 of this chapter.

Handicapped access ramps, installed permanently, provided they are in conformance with Article 53 of this chapter and do not obstruct access to required parking.

Home occupations subject to the additional requirements specified in § 120-40.15.

Electric vehicle charging stations when located in the side or rear yard.

Commercial vending machines in any commercial district, but not within the required setbacks. If located within 150 feet of a residential district, the machine shall be screened from the residential district.

Decks, patios, and terraces when associated with a legal outdoor seating or assembly area.

Detached garage, but only in the rear yard.

Dish antennas two meters or less in diameter located in the rear yard in any commercial district.

Fences and walls subject to the provisions of § 120-53.9 of this chapter.

Freestanding radio antennas located in the rear yard.

Parking lots and parking areas, including electrical vehicle charging stations, subject to the provisions of Article 51 of this chapter.

Solar energy systems located in the rear yard.

Wind energy conversion systems located in the rear yard, subject to site plan approval (Article 62).

Green infrastructure techniques, such as rain barrels, rain gardens, or bioswales.

Temporary outdoor display of retail merchandise subject to the requirements for outdoor displays set forth in § 120-40.18.

Walkup service windows facing any public right-of-way when accessory to a permitted retail sales and service use.

Permanently installed handicapped access ramps when located in the side or rear yard, provided that the ramp is in conformance with Article 53 of this chapter and does not obstruct access to required parking.

Vehicular wheelchair lifts when located so as not to block windows, force the enclosure of an open front porch, or obstruct access to required parking.

The sales area shall be paved, suitably graded and drained, and maintained in a neat and orderly manner;

The number of cars that may be for sale on the premises must be specified on the special use permit. An increase in the number of cars to be sold shall require a new permit;

Exterior illumination shall be provided that meets the minimum determined by the Planning Board as necessary to provide adequate security of the premises; and

Sufficient screening shall be provided along all lot lines abutting or adjacent to residentially zoned or developed property to block any view of operations from all points on such residential property when viewed from ground level.

The number of vehicles that can be accommodated on site for repair and storage is to be determined by the Planning Board;

Repair shops shall not be used for the storage, sale, rental or display of automobiles, trucks, trailers, mobile homes, boats, snowmobiles or other vehicles;

All maintenance, service, and repairs of motor vehicles shall be performed fully within an enclosed structure. No motor vehicle parts, partially dismantled motor vehicles, or unlicensed motor vehicles shall be stored outside of an enclosed structure for more than 48 hours; and

A spill prevention plan shall be provided.

In addition to the information required for site plan review, the plan shall also indicate the location, number, capacity, and type of fuel storage tanks, the number of pumps to be installed, and the depth to the tanks;

No gasoline station or automotive repair shop shall have an entrance or exit for vehicles within 200 feet, as measured along the public street, in which there exists an educational institution, public playground, religious institution, hospital or public library, and such access shall be not closer to any intersection than 125 feet;

Gas stations may include retail sales of food, convenience items, and minor automobile supplies or liquids, provided that the sales of such items are within an enclosed structure and are an accessory use. Sales areas outside of the primary structure may be displayed on the pump islands or the building island only;

Gasoline stations shall be under the control of an attendant at all times during the hours of operation;

All oil drainage pits and hydraulic lifts shall be located within an enclosed structure and shall be located no closer than 50 feet to any property line;

Fuel pumps shall be located no closer than 30 feet from the public right-of-way or 50 feet from any other property lines;

All storage facilities for fuel, oil, gasoline or similar substances shall be underground and shall be at least 30 feet from any property line. Tanks shall be installed and maintained in accordance with all state and federal standards; and

Tanks shall be located at least 500 feet from a place of public assembly as defined by the New York State Uniform Fire Prevention and Building Code.

Such day-care facility is owned and operated by said single-family homeowner or resident;

Any alterations made to the exterior of the building due to the day-care use are completed in such a way to preserve the residential character of said building; and

Parking is provided in accordance with the parking requirements of home occupations in Article 51 of this chapter.

All roof drains and roof runoff shall be transferred at the roof source through a solid line into a water retention or detention pond or swale.

Sidewalks, parking lots and roadways shall be protected from roof-water icing in accordance with this section and all applicable codes.

Where lots cannot be served by the extension of an existing public sanitary sewer, the developer shall obtain the approval of individual septic tanks and subsurface disposal fields by the appropriate agencies.

Lots shall be laid out and graded to provide positive drainage away from the building.

Discharge of roof leaders directly to roadside gutters or sanitary sewers will not be permitted.

In the design of storm sewer installations, special consideration shall be given to avoidance of problems, which may arise from concentration of stormwater runoff over adjacent properties.

Sump pumps shall not be connected to the sanitary sewer.

Drainage plans shall be provided in detail.

All dwelling units and structures shall comply with the standards set forth in the New York State Uniform Code. Said standards shall take precedence to this chapter should there be a conflict.

Driveways for ingress and egress shall be as required by the Planning Board.

There may not be less than two and not more than eight units in a single-, two-, or multifamily attached dwelling group. The maximum length of attached structures shall not exceed 150 feet.

Building setbacks.

Distance between buildings and driveways.

Buildings shall not have large or long continuous wall or roof planes. Varied roof heights, projecting bays, gables, recesses, and porches shall be used to visually divide larger buildings to produce a scale that is visually compatible with the Village's distinctive aesthetic character. To prevent an out-of-scale, monolithic appearance, larger buildings shall be visually divided into smaller sections no longer than 50 feet in length by gaps, recesses, or other architectural devices in such a way that adjacent buildings and facades define a continuous street wall and the public realm of the street.

Multifamily buildings shall be laid out so that multiple entrances face the street. Each entrance shall be connected by sidewalk to the Village's public sidewalk system. Garage entrance/exit doors are prohibited on the front facade of buildings.

Accessory structures, such as clubhouses, pools, pool buildings, storage buildings, and trash enclosures, shall be located in a manner that does not disturb or encroach upon the public realm of the site (pedestrian walkways, roadways, etc.).

Parking areas may be located in any yard other than the front yard, but no closer than 20 feet from any property line, and shall comply with all other regulations of the district in which the use is located.

Each multifamily dwelling development shall provide a recreation area(s) at a standard of 400 square feet for the first 10 units and an additional 100 square feet for each additional five units or fraction of five thereafter. No such recreation area shall contain less than 5,000 square feet. Each such recreation area shall be developed with both passive and active recreation facilities, including the installation of appropriate playground or leisure equipment.

Stairways to upper floors shall be located inside the building.

Unroofed handicap ramps shall be placed in the side or rear yard and shall maintain an eight-foot setback from the respective street or property line.

All dwelling units and structures resulting from conversion shall comply with the standards set forth in the New York State Uniform Code. Said standards shall take precedence to this chapter should there be a conflict.

No dwelling unit conversion shall be permitted in a structure with less than 2,400 square feet of gross floor area.

No dwelling unit conversion shall be permitted which results in more than four bedrooms. Each dwelling unit shall meet the minimum habitable floor area required by Table 40-2 below.

Any alterations made to the exterior of the building due to the unit conversion shall be completed in such a way to preserve the single-family residential character of said building.

No dwelling unit conversion shall be permitted unless the dwelling, following such conversion, complies with all off-street parking and loading regulations required by Article 51 of this chapter.

Conversion of existing buildings to decrease the number of dwelling units requires alterations or modifications to ensure the discontinued dwelling unit is permanently and fully integrated into a legal dwelling unit with unimpeded access throughout the legal unit.

The integration of a discontinued dwelling unit shall be further evidenced by the removal of those appurtenances that previously supported the discontinued dwelling unit and may include the removal of the kitchen (including appliances, cupboards, plumbing, utility connections, etc.) and utility meters, in excess of one meter per dwelling unit, except in the case of two or more dwelling units where an additional house meter may be permitted.

Dwelling unit conversions that do not meet the previous requirements may be permitted only upon approval of an application for an area variance in accordance with provisions of Article 65 (Variances).

No person shall cause or permit the establishment of a go-cart track or similar vehicular track within 500 feet of any residentially zoned district or within 500 feet of any religious institution, educational institution, park, playground or existing go-cart track, similar vehicular track or miniature golf course. For the purposes of this section, measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the property used as a part of the premises for the track and/or course to the nearest property line of a residentially zoned district, religious institution or educational institution or to the nearest boundary of a park or playground;

A solid wall having a minimum height of six feet, incorporating noise-absorbing material on the inside, shall be placed on all sides of the facility that abut residentially occupied property. Noise levels shall be limited to 65 dB as measured 75 feet outside the wall. The remaining sides of the property shall be fenced in with a fence having a minimum height of four feet;

Only operator-owned go-carts or other vehicles shall be allowed. No individually owned go-carts or other vehicles shall be allowed; and

Parking requirements for go-carts and other vehicles are three parking spaces for every one go-cart or similar vehicle.

The display area shall not exceed 10% of the gross floor area of the primary structure;

The display area shall not block automobile traffic, private sidewalks, fire lanes, or other travel lanes;

Such displays shall be allowed adjacent to a principal building wall and extending to a distance no greater than five feet from the wall;

Such displays shall not be permitted to block windows, entrances or exits and shall not impair the ability of pedestrians to use the building; and

The items for display are for sale and said area is not used for storage purposes.

Outdoor storage shall not be allowed in the front yard;

Outdoor storage shall not occupy more than 10% of the entire lot area;

All outdoor storage shall be fully screened to ensure the area is not visible from the public right-of-way or adjacent residential districts or uses;

Screening shall be of sufficient height and density to completely hide storage from public view, including from streets and other public accessways; and

All screening shall be maintained in such a manner as to present a neat and orderly appearance at all times.

Outdoor storage shall not be allowed in the front yard;

All outdoor storage shall be fully screened to ensure the area is not visible from the public right-of-way or adjacent residential districts or uses;

Screening shall be of sufficient height and density to completely hide storage from public view, including from streets and other public accessways; and

All screening shall be maintained in such a manner as to present a neat and orderly appearance at all times; and

Contractor material and equipment storage must be a minimum of 200 feet from a residential or open space district.

Ponds constructed as part of active agricultural operations are exempt from this section.

Retention and detention ponds mandated and/or owned by the Village are exempt from this section.

Natural ponds left in their natural state are exempt from this section.

All ponds must be maintained so as to assure that they do not become offensive to neighboring properties by reason of stagnation, algae, mosquito-breeding and similar conditions.

No pond can interfere with or impede the natural flow of water nor adversely impact any floodplain or wetland area.

Decorative ponds may be constructed on any residential property subject to the applicable setback requirements and without the necessity of obtaining a building permit or landscape alteration permit.

Garden ponds may be constructed on any residential property subject to all of the provisions of § 120-53.10 regulating swimming pools, including obtaining a building permit.

No open-water pond may be constructed on any residential property unless:

Provide standards for the safe provision of telecommunications consistent with applicable federal and state regulations.

Minimize the number of telecommunications towers in the community by encouraging shared use of existing and future towers and the use of existing tall buildings and other high structures.

Minimize adverse visual effects from telecommunications facilities by requiring careful siting, visual impact assessment and appropriate screening.

New uses which are accessory to residential uses, such as satellite dishes and television antenna(s).

Amateur radio operators as licensed by the Federal Communications Commission (FCC).

Lawful or approved uses existing prior to the effective date of these regulations.

The installation of a commercial communications antenna(s) on an existing structure, provided the following criteria are met:

The Village Planning Board shall review all applications. A special use permit shall not be granted unless the applicant can demonstrate that the proposed telecommunications facilities:

The site plan shall show elevations, height, width, depth, types of materials, color schemes and other relevant information for all existing and proposed structures, equipment, parking, access, and other improvements. The site plan shall also include a description of the proposed telecommunications facility and such other information that the Village Planning Board requires.

A completed environmental assessment form (EAF), including a visual EAF addendum, pursuant to the State Environmental Quality Review Act (SEQRA). Particular attention shall be given to the visibility of the facility from key viewpoints identified in the visual EAF, existing treelines and proposed elevations.

A landscape plan delineating the existing trees or areas of existing trees to be preserved, the location and dimensions of proposed planting areas, including the size, type and number of trees and shrubs to be planted, curbs, fences, screening elevations of fences and material used.

The Planning Board may, at the expense of the applicant, employ its own consulting assistance to review the findings and conclusions of the safety analysis, visual analysis or structural inspection provided by the applicant.

The applicant shall be required to post a bond to cover the cost of removal, as well as the cost of landscape remediation, according to the Village Engineer's specifications.

The shared use of existing telecommunications facilities or other structures shall be preferred to the construction of new facilities. Any special use permit application, renewal or modification thereof shall include proof that reasonable efforts have been made to collocate onto an existing telecommunications facility or upon an existing structure, such as a silo, water tank or emissions stack. The application shall include an adequate inventory report specifying existing telecommunication towers and structures exceeding 75% of the height of the proposed tower within the applicant's cell grid area. The inventory report shall contain an evaluation of opportunities for shared use as an alternative to the proposed location.

The applicant must demonstrate that the proposed telecommunications facility cannot be accommodated on existing telecommunications facility sites in the inventory due to one of the following reasons:

A lot leased or owned for the purpose of construction of a tower as part of a telecommunications facility shall not result in the creation of a nonconforming lot.

All telecommunications facilities shall comply with the greater of the setback standards of the underlying zoning district, the fall zone of the tower or the height of the tower.

The entire fall zone may not include public roads and must be located entirely within property either owned or leased by the applicant of for which the applicant has obtained an easement and may not contain any structure other than those associated with the telecommunications facility.

Towers shall not be artificially lighted and marked beyond requirements of the Federal Aviation Administration (FAA). However, an applicant may be required to add FAA-style lighting and marking if, in the judgment of the Village Planning Board, such a requirement would be of direct benefit to public safety.

The use of any portion of a telecommunications facility for signs, promotional or advertising purposes, including but not limited to company name, phone numbers, banners, streamers or balloons is prohibited.

The facility shall have the smallest visual effect practicable on the environment, as determined by the Village Planning Board. Any tower that is not subject to FAA marking pursuant to Subsection F(1) of this section shall:

Accessory facilities shall maximize the use of building materials, colors and textures designed to blend in with the natural surroundings.

The applicant shall be required to submit a completed visual environmental assessment form (EAF). In addition to a visual EAF addendum, the Village Planning Board may require visual and aesthetic information, as it deems appropriate on a case-by-case basis. Such additional information may include, among other things, line-of-sight drawings and/or visual simulations.

Proposed telecommunications facilities shall have appropriate vegetative screening around the tower base area and any accessory facilities to screen their view from neighboring residences, recreation areas or public roads. Such screening shall include the maximum feasible retention of existing vegetation. The Village Planning Board may similarly require screening adjacent to waterways, landmarks, refuges, community facilities or conservation or historic areas within common view of the public.

Access driveways shall make maximum use of existing public or private roads to the extent practical.

Parking areas shall be sufficient to accommodate the greatest number of service vehicles expected on the premises at any one time.

Driveways or parking areas shall provide adequate interior turnaround, such that service vehicles will not have to back out onto a public thoroughfare.

Equipment or vehicles not used in direct support, renovation, additions or repair of any telecommunications facility shall not be stored or parked on the facility site.

Towers and accessory facilities shall be surrounded by a fence or wall, including barbed wire to prevent accidents, at least eight feet in height of a reasonable design approved by the Village Planning Board, but with limited visual impact.

A security system shall be provided with adequate lighting. Such lighting should only occur when the area within the fenced perimeter has been entered.

There shall be no permanent climbing pegs within 30 feet of the ground of any tower.

A locked gate at the junction of the access driveway and a public thoroughfare may be required to obstruct entry by unauthorized vehicles. Such gate must not protrude into the public right-of-way.

All telecommunications facilities shall be built, operated and maintained to acceptable industry standards, including but not limited to the most recent applicable standards of the Institute of Electronic and Electronic Engineers (IEEE) and the American National Standards Institute (ANSI).

A New York State licensed professional engineer shall inspect all telecommunications facilities at least every five years for structural integrity. A copy of the inspection report shall be submitted to the Code Enforcement Officer.

Units shall only be placed in the driveway, or if access exists, at the side or rear of the lot. The unit may not be placed in the front yard.

Units may not be placed on lots with no principal building or residential unit.

Units shall be set back at least five feet from any lot line and five feet from any structure.

Approval from the Code Enforcement Officer shall be required if the location of a unit meets either of these conditions:

Placement may not limit visibility of vehicles or pedestrians and must be in accordance with § 120-53.8, Visibility at intersections.

The name of the registrant to whom the enclosed temporary storage unit is supplied;

The registrant's property status: owner, renter, lessee, etc.;

The address at which the enclosed temporary storage unit will be placed;

The delivery date and removal date;

The active building permit number, if applicable;

A sketch depicting the location and the placement of the enclosed temporary storage unit on the lot; and

The signature of the parcel owner or other legal occupant with the written permission of the parcel owner.

Up to two vehicles or watercraft for personal use, such as, but not limited to, boats, campers, recreational vehicles, trailers, or motor homes may be parked on a residential lot for the purpose of storage;

Said vehicle(s) may be parked or stored on a paved surface that is located behind the front building line; and

The location of the vehicle shall comply with § 120-53.8, Visibility at intersections.

The Village of Clifton Springs hereby assumes no responsibility to collect, and no person shall place in the public right-of-way, the following waste material:

The fact that waste material is in a public right-of-way shall be rebuttable prima facie evidence that such material was placed there by the owner of the property abutting that public right-of-way.

No person shall accumulate or permit the accumulation of refuse on any premises owned or occupied by said person, except for the purpose of collection by the refuse collector.

The owner or occupant of any premises shall keep the same free, clear and clean of all refuse and maintain sidewalks and yard areas free and clear of all refuse and, upon written notice, shall, within five days, cause to be corrected any unsanitary or unsafe condition on or about the premises.

Any compost or mulch pile shall be maintained in such fashion as not to attract rodents or cause the development of any odor or other hazard to the public health and safety.

Toxic, flammable or hazardous wastes not otherwise regulated by a public authority shall not be accumulated on any premises, improperly disposed of or placed at the curb for collection or recycling.

If the use of any lot or building involves the disposal of sewage or wastewater and public sewers are not available, an adequate sanitary disposal system for the same shall be installed in accordance with regulations and standards promulgated by Chapters 92 and 97 of the Code of the Village of Clifton Springs and by the Department of Health and at all times maintained on such lot or in lawful connection therewith. The minimum lot area otherwise required shall be increased where necessary to the extent required to provide such disposal system. Certification of approval for the installation of on-site sewage disposal systems shall be obtained from the Village Zoning Enforcement Officer or the Department of Health and submitted to the Village Zoning Enforcement Officer prior to the start of construction.

Except for customary farm operations, no lot shall be used for the commercial storage or disposal of solid or liquid waste without the prior approval of the Village Board. Duly approved individual sewage disposal systems shall be exempt from this provision. Village Board approval shall be given only upon a finding that the proposed use shall not have a detrimental effect upon surrounding properties and evidence of any required permits necessary from the New York State Departments of Health and/or Environmental Conservation. The Village Board may require the submission of any documents necessary to make the foregoing finding. Consistent with the provisions of Subsection E above, this provision shall not prohibit the storage of animal waste upon any farm.

Individual sewage disposal systems shall be designed, installed and maintained in accordance with approved plans and the procedures and standards of the New York State Departments of Health and Environmental Conservation; and Chapter 92 of the Code of the Village of Clifton Springs, entitled "Sanitary Sewers."

Rooftop- and building-mounted solar collectors that meet the definition of a minor accessory solar collection system are permitted as accessory structures in all zoning districts in the Village. Site plan approval and building permits shall be required for installation of rooftop- and building-mounted solar collectors.

Where site plan approval is required elsewhere in the regulations of the Village for a development or activity, the site plan review shall include review of the adequacy, location, arrangement, size, design, and general site compatibility of the proposed minor accessory solar collection system.

All installations of minor accessory solar collection systems must be performed in accordance with applicable electrical and building codes, the manufacturer's installation instructions, and industry standards, and, prior to operation, the electrical connections must be inspected by the Village Code Enforcement Officer or by an appropriate electrical inspection person or agency, as determined by the Village. In addition, any connection to the public utility grid must be inspected by the appropriate public utility.

When solar storage batteries are included as part of a rooftop- or building-mounted solar collector system that meets the definition of a minor accessory solar collection system, they must be placed in a secure container or enclosure meeting the requirements of the New York State Building Code when in use and when no longer used shall be disposed of in accordance with the laws and regulations of Ontario County and other applicable laws and regulations.

If a minor accessory solar collection system ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the collector, mount and associated equipment and facilities no later than 90 days after the end of the twelve-month period.

Abandonment.

Major solar collection systems and solar farms are prohibited in all zoning districts in the Village.

Ground-mounted and freestanding solar collectors that meet the definition of a minor accessory solar collection system are prohibited in all zoning districts in the Village.

The prohibitions in this subsection shall not apply to solar collection systems located on property owned by the Village of Clifton Springs whose primary purpose is to benefit the Village of Clifton Springs.