Private lands:

Public lands:

The delineation of the Land Preservation (LP) Overlay District on Zoning Map Nos. 1, 2, 3 and 4 is intended to encompass the following specific features:

The delineation of these features and the corresponding resource considerations on Zoning Map No. 5 are not readily dimensioned from an identifiable point of reference on the Map. Field inspection and interpretation by the Enforcement Officer, with such professional expert assistance as may be necessary, shall determine the actual location of these features with reference to a particular site as may be required by the Planning Board or Board of Appeals in its review of an application or an appeal in such areas.

No building shall be constructed, erected, located or expanded, and no land or building or part thereof shall be used for any purpose or in any manner except as permitted for the district in which said building or land is located as set forth under the list of permitted standard and conditional uses in Attachment 6 of this chapter.[2]

No existing lot of record on the effective date of this part or its applicable amendment shall be reduced, subdivided or otherwise reduced in size or changed in configuration so as to make it nonconforming or to expand or exaggerate an existing nonconformity under this part.

No building shall be constructed, erected, located or expanded, nor shall any open space surrounding any building be encroached upon or reduced in any way, except in accordance with the lot, yard and building requirements of this part for the district in which such building is or is proposed to be located.

Notwithstanding Subsection B(2) and (3) above, any person who owned land outside the Adirondack Park on the effective date of this part, or who owned land within the Adirondack Park on May 22, 1973, may convey such land by bona fide gift, devise or inheritance to members of his or her immediate family (which term includes parents, children, brothers, sisters, grandchildren and grandparents) for the purpose of construction of a single-family dwelling or manufactured home for the use and occupancy of such immediate family members where such a use otherwise is permitted by this part, irrespective of the lot, yard and other dimensional requirements for the district in which the land lies, provided that the lot thus conveyed and construction and location of the dwelling or manufactured home satisfy the shoreline and building and sanitary requirements of this chapter.

No required yard or other open space surrounding any building shall be considered as providing the requisite yard or open space area for another building on the same or any other lot.

The regulations listed for each district are hereby adopted and prescribed for such district, subject to the provisions of other applicable sections of this part and, unless otherwise indicated, shall be deemed to be the minimum requirements in every instance of their application.

Where any lot or parcel is located in more than one zoning district, the required minimum lot area shall be as required for that district in which the building or use is proposed to be located, providing the lot or parcel has the required minimum lot width in this same district; otherwise, the required minimum lot area, lot width and yard dimensions shall be determined in corresponding proportion to the percentage of the lot or parcel in each separate zoning district.

Where any lot or parcel has one or more principal structures in existence on the effective date of this part, such principal structures shall be included in the application of the minimum lot area requirements through the assignment of requisite area related to each as would otherwise be required, except as they may be adjusted according to the provisions of Part 1, Subdivision Regulations, or the planned development district or shoreline requirements of this part.

The owner of said lot owns no adjoining unimproved land which would create a conforming lot if combined with the lot which is deficient in area or width.

Any building or use located on a nonconforming lot shall have front, side and rear yards conforming to the minimums required for the district in which said lot is located, except as may be otherwise approved by the Board of Appeals according to the variance process elsewhere provided for under this part.

Any building or use located on a nonconforming lot shall meet any applicable shoreline requirements as set forth in § 105-70 of this chapter, except as may be otherwise approved by the Board of Appeals according to the variance process elsewhere provided for under this part.

A building or use nonconforming as to location shall not be extended, expanded or altered in any way that will extend or further aggravate the nonconforming features.

A building or use nonconforming as to use shall not be extended, expanded or altered during its life to an extent exceeding in aggregate 50% of the size of such building or use on the effective date of this part or its applicable amendment unless such building or use is changed to conform to this part.

A nonconforming building or use, once purposefully and substantially removed for a period of one year or more, shall not be reintroduced or replaced other than by a conforming building or use.

Whenever a nonconforming use has been discontinued for a period of one year or more, any future use shall be in conformity with the provisions of this part.

A nonconforming building or use which has been damaged by fire or other natural causes may be restored, reconstructed or used as before, provided the bulk, height and area requirements shall not exceed that which existed before said damage. Said restoration must be completed and a certificate of compliance issued within one year of such occurrence, except as application may be made to and considered by the Board of Appeals; which Board may, for due cause shown, authorize such extension as it may determine appropriate within which to complete the project and obtain the certificate of compliance.

An accessory building or use to a nonconforming situation shall not be expanded or extended beyond the dimension, configuration or extent of occupation as of the effective date of this part or its applicable amendment in any manner that would extend or further aggravate the nonconforming situation.

Any building or use for which a permit has been lawfully granted and on which construction has been started and diligently prosecuted before the effective date of this part or its applicable amendment may be completed, provided that the building or use shall be completed and a certificate of compliance issued within one year from such effective date, except as application may be made to and considered by the Board of Appeals; which Board may, for due cause shown, authorize such extension as it may determine appropriate within which to complete the project and obtain the certificate of compliance.

The nature and content of an application for a building/use permit for a conditional use shall be as set forth in Appendix B of this chapter[1] and such additional information as may be required in the administration of this section. The Enforcement Officer shall determine the completeness of any application made under this section and shall notify the applicant within 10 days of the date of submission if such application is incomplete or deficient in any way and shall, further, specify the deficiencies.

The Planning Board shall consider the application and render its decision within 62 days of the date of submission of a complete application if no public hearing is held or, alternatively, schedule and hold a public hearing within 62 days of the date of submission and render its decision within 62 days of the date of hearing. These respective time frames may be extended only by mutual written agreement between the applicant and the Board. Consideration of the application at public hearing shall be optional, at the discretion of the Planning Board.

Notification of the Planning Board's decision to authorize or deny the permit and the reasons therefor will be given in writing to the Enforcement Officer, a copy filed with the Town Clerk within five days of the date of the Board's decision, and a copy of the Board's determination furnished to the applicant upon request.

Multiple-family dwelling; two-family dwelling; mixed commercial-residential use. Such uses shall be in accord with the following:

Home occupation. A home occupation shall comply with the following:

Business, professional office, funeral home. Such uses shall be located according to the following:

Manufactured home court shall be approved only according to the following:

Tourist accommodation; eating, drinking establishment. Such businesses shall be subject to the following regulations (if newly constructed or reclassified use):

Appliance sales and service, hardware/lumber store, fuel sales and service. Such uses shall be permitted according to the following:

Gasoline station, service garage; vehicle equipment sales, service. Any such establishment shall be subject to the following regulations:

Organized group camp; resort lodge, club. Any such use shall be evaluated by the Board and approved only according to the following:

Recreational campsite shall be approved only according to the following:

Junkyard. The establishment, continuation, change or expansion of such use shall be according to the following:

Forest; rural industry. Such use shall be permitted upon authorization of the Board when it determines that:

Commercial sand and gravel excavation. Upon receipt of a notice addressed to the Town Supervisor from the Department of Environmental Conservation (DEC) regarding a complete application for a mining permit, the Town Supervisor or Town Clerk shall contact and inform the DEC of the date the notice was received, and forward copies of the notice and completed application to the Town Planning Board for review and final action. The New York State Mined Land Reclamation Law supercedes all other state and local laws related to mining and reclamation, and provides the Town to schedule a public hearing, take action, and respond within 30 days of receiving the DEC notice. Upon taking final action, the Town Planning Board shall submit written comments to the DEC and applicant that state: whether mining is permitted at the proposed location; the Planning Board's decision; and the recommended conditions of approval in the DEC mining permit regarding ingress and egress to locally controlled roads; routing on locally-controlled roads, setbacks, barriers, dust control and hours of operation.

Public, private utility service facility. Such uses shall be subject to the following regulations:

Small business operation.

Kennel, animal shelter, animal hospital, riding academy, and commercial stable.

Bed-and-breakfast inn. Such business shall be subject to the following regulations:

It is the purpose of this section to provide a process for the recognition and detailed evaluation of those types of natural and related land use considerations important to the achievement of the Town Plan and the purpose of this part and which, given the nature, level of detail and scale of the Town-wide inventory and Zoning Maps, require a more exact and site-specific evaluation on a case-by-case basis than is otherwise possible. Specifically, the Land Preservation (LP) Overlay District has been established to depict land and water areas with particularly significant limitations to development that necessitate a more careful evaluation of the likely impact of such development. The types of limitations encompassed within this overlay district include:

Consistent with this purpose, the provisions of this section shall apply to all land and water areas in a Land Preservation (LP) Overlay District, Rural Town and Resource Management Town Districts, to all standard and conditional uses otherwise permitted in the underlying zoning districts, except that forest practices not otherwise subject to review shall be exempt from the provisions of this section in flood hazard areas, wetlands, and deer wintering components of important natural features, the exempt geographic areas to be determined by the Code Enforcement Officer.

The nature and content of an application for any use considered under this section shall be as set forth in Appendix B of this chapter[1] and such additional information as may be required in the administration of this section. The Enforcement Officer shall determine the completeness of any application considered under this section and shall notify the applicant within 10 days of the date of submission if such application is incomplete or deficient in any way and shall further specify the deficiencies.

The Planning Board shall consider the application, including such professional expert assistance as may be necessary, and render its decision within 62 days from the date of submission of a complete application if no public hearing is held, or, alternatively, schedule and hold a public hearing within 62 days of the date of submission and render its decision within 62 days of the date of hearing. These respective time frames may be extended only by mutual written agreement between the applicant and the Board. Consideration of the application at public hearing shall be optional, at the discretion of the Planning Board.

Notification of the Planning Board's decision to authorize or deny the permit and the reasons therefor will be given in writing to the Enforcement Officer, a copy filed with the Town Clerk within five days of the date of the Board's decision, and a copy of the Board's determination furnished to the applicant upon request.

Compliance with State Environmental Quality Review Act. In the review and approval of site plans, the Planning Board shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations.

Flood hazard areas. No use shall be situated within any flood hazard area where the location of such use will jeopardize the health, safety or welfare of the occupants of such use, the stability of the use itself or where such use will aggravate flooding conditions upstream due to the displacement of floodwaters. In particular, any use proposed in such area shall be reviewed according to the flood hazard area requirements of Part 2 of this chapter.

Wetlands. No use shall be situated in or adjacent to any wetland area where the location of such use, by landfill or drainage, will damage or affect in a significantly detrimental manner the water retention capacity or unique flora or fauna characteristics of such wetland; and further, no such use shall be located where the instability or inadequate bearing capacity of the wetland would jeopardize the stability of the use itself.

Steep slopes and high elevations. No use shall be situated on any slope in excess of 25% or above 2,500 feet in elevation where the location of such use will cause or aggravate significant earth erosion or slippage, encourage malfunctioning of any individual sewage disposal system or damage unique vegetation or fragile ecosystems located at such higher elevations.

Designated and study river corridors and designated highway corridors. Any use to be situated within such corridor shall, in addition to all other shoreline and setback requirements, be sited with consideration to the relationship of the proposed use to the waterway or roadway, its visibility from the shoreline or roadway with respect to the removal or placement of vegetation and the compatibility of the use with the character of the area and public purpose of the corridor designation.

Important natural and scenic features. Any use to be situated within such an area shall, in addition to all other requirements, provide reasonable assurance that such use will not significantly affect in a detrimental manner the biological features or scenic character which have distinguished such locations. In particular, the type and extent of the use, the placement and dimension of any structure and the removal or placement of vegetation will be reviewed by the Planning Board to determine that the proposed use will not unnecessarily encroach upon or destroy these features.

The Town may hire any consultant and/or expert necessary to assist the Town in reviewing a land use application, including, but not limited to, technical or engineering consultants or special legal counsel.

Except as otherwise provided in the Town Code, if prior to the completion of a review of a land use application the Town discovers the need to retain consultant and/or expert services, the applicant shall deposit with the Town funds sufficient to reimburse the Town for the reasonable costs of consultation and/or evaluation in connection with review of the application. The Town will maintain a separate escrow account for such funds.

Upon receipt of such funds, the Town Clerk shall cause the money to be placed in an account in the name of the Town and shall keep a separate record of all money so deposited and the name of the applicant upon receipt of the project for which the sums were deposited.

The Town's consultants and experts shall invoice the Town for services rendered in reviewing the application. The Town shall furnish a copy of each invoice received to the application file upon receipt of the invoice by the Town.

The Town shall review and audit all invoices received and shall approve payment only of such fees as are reasonable in amount and necessarily incurred by the Town in connection with a review of a land use application. For purposes of this chapter, a fee is reasonable in amount if it bears a reasonable relationship to the average charge by such an expert to the Town or others for services performed in connection with the review of a project similar to that involved in the land use application. In this regard, the Town may take into consideration the size and type of project involved, the expertise of the consultants and experts, the usual costs of such services as provided by the consultants and experts, and any other special conditions or considerations as the Town may deem relevant in connection with the review of the particular land use application.

Contracts for the retention of experts shall be let pursuant to the purchasing policy of the Town unless the contract is one that must be competitively bid.

After payment of all outstanding invoices, any funds held by the Town upon completion of a review of a land use application shall be returned to the applicant.

The following developments are hereby exempt from the application of this section:

Notwithstanding anything to the contrary contained in this chapter, an applicant or developer shall not be required to reimburse the Town for any part of a fee incurred by the Town for services performed in connection with matters, including but not limited to those resulting from complaints by third parties, as to which the Town determines the applicant had no responsibility or were beyond the reasonable control of the applicant.

The purpose of planned development district provisions is to provide a means of developing those land areas within the Town considered appropriate for new residential, recreational, commercial or industrial use — or a satisfactory combination of these uses — in an economic and compatible manner, while encouraging the utilization of innovative planning and design concepts or techniques in these areas without departing from the spirit and intent of this part.

In particular, this provision is designed to accommodate proposed planned unit development or clustering techniques not otherwise provided for in the established zoning districts.

For the establishment of a planned development district.

For the approval of development within an established planned development district.

Planned development considerations. The development considerations set forth in Appendix C of this chapter[3] will be evaluated in the process of reviewing the preliminary and final plans submitted under the planned development district process, and the Town shall be satisfied in every instance that these criteria are to be adequately handled or provided for in the proposed development.

Planned Residential (P-R) District.

Planned Recreation (P-Rec) District.

Planned Commercial (P-C) and Planned Industrial (P-I) Districts.

All accessory buildings or uses shall require a building/use permit to be issued prior to their initiation and a certificate of compliance upon their completion as elsewhere required in this part, except such minor ancillary uses as are specifically exempt.

Where applicable, such permit shall be issued conditionally upon satisfactory completion and issuance of a certificate of compliance for the principal building or use to which it is accessory. If said certificate of compliance is not issued within two years from the date of issuance of the permit for the accessory building or use, the conditions upon which said permit was issued shall be deemed not to have been complied with, and the accessory building or use shall be considered in violation of this part, except as application may be made to and considered by the Board of Appeals; which Board may, for due cause shown, authorize such extension as it may determine appropriate to allow for compliance with the conditions under which the permit was issued.

No more than two accessory buildings or uses in addition to any private automobile garage shall be permitted on any lot in conjunction with any standard use.

Accessory buildings and uses in conjunction with a conditional use, site plan review or planned development district shall be determined appropriate as to number, type and location by the Planning Board in accord with its review of any proposed use under these respective procedures.

Accessory buildings to a residential use which are not attached to a principal building may be erected in accordance with the following requirements:

An accessory building attached to a principal residential building or an accessory building to other than a residential use, whether attached to the principal building or not, shall comply in all respects with the requirements of this part applicable to the principal building.

No accessory building or structure shall be constructed or located to house or provide shelter for animals, other than domestic household pets, on any lot less than one acre in size. Front, side and rear yard setbacks for any such building or structure designed to house or provide shelter for livestock shall be a minimum of 75 feet from the road center line or shoreline and 50 feet from the side and rear lot lines.

Except as provided for in § 105-64F, the maximum height of any accessory building or structure shall be 1 1/2 stories or 18 feet, whichever is less, except that it shall not exceed the height of the principal building or use.

A private, outdoor swimming pool shall be permitted as an accessory use to a dwelling unit only in accordance with the following:

A swimming pool to be constructed or installed as an accessory use to a resort lodge or club, tourist accommodation, organized group camp or as part of any commercial facility shall be permitted after application to and issuance of a permit therefor by the Enforcement Officer. Such swimming pool shall be so located as not to cause a hazard to public safety or nuisance to adjoining uses and shall be designed and located in accord with acceptable engineering standards and any applicable state requirements.

A building, manufactured home, trailer or other structure accessory to the construction project for office, storage or related construction use may be permitted upon issuance of a permit by the Enforcement Officer, such installation to be temporary and continued only for the duration of the construction project to which it is accessory. Such facility shall not be designed or used for living accommodations, except for the nonpermanent accommodation of a clerk-of-the-works or night watchman, and shall be promptly removed upon completion of the construction project or part thereof to which it is accessory, such date to be determined by the Enforcement Officer. Upon notice from the Enforcement Officer, the permit shall expire and the rights and privileges thereunder shall be vacated. Failure to remove such installation in a prompt manner after notice by the Enforcement Officer shall be considered a violation of this part.

Lot width. The minimum lot width as measured along the shoreline shall be as follows according to the respective classifications of the Adirondack Park Land Use and Development Plan:

Setback. The minimum setback of all principal and accessory buildings or structures in excess of 100 square feet, other than docks, boathouses or swimming floats as hereinafter regulated, shall be a minimum distance from the mean high-water mark as follows for the respective classifications of the Adirondack Park Land Use and Development Plan:

Sanitary sewerage. In the case of all lakes, ponds, rivers and streams, both navigable and non-navigable, the minimum setback of any on-site sewage tile field or seepage pit will be 100 feet from the mean high-water mark, as well as 100 feet from all wetlands, in all zoning districts.

Vegetation. The removal of vegetation, including trees, will be permitted on shoreline lots, provided the following standards are met:

Minimum frontage. The following minimum shoreline frontages will be required in all zoning districts for deeded or contractual access to all such lakes, ponds, rivers or streams for five or more lots, parcels or sites or multiple-family dwelling units not having separate and distinct ownership of shore frontage:

Option shoreline clustering.

Ancillary water, waterfront structures shall be permitted only according to the following:

All signs shall be constructed of durable materials, maintained in good condition and not allowed to become dilapidated or in a state of disrepair.

The back or reverse side of a single-face sign visible from any public right-of-way shall be finished in an appropriate manner, which shall include a backing consistent in terms of materials and finish with the facing and the covering of all structural members of the sign.

All construction fixtures, wiring and installations shall conform to the National Electric Code and New York State Uniform Fire Prevention and Building Code where applicable.

All wiring to freestanding signs shall be underground, and all transformers or other installations shall be satisfactorily located and screened.

Any sign no longer maintained or for a business, service or activity no longer in existence at that location shall be removed, and any wall, surface or other area from which such sign is removed shall be restored so that no remnant of the sign is visible.

No additional sign permits shall be granted to locate additional signs on property that is currently violating these maintenance standards.

No building sign shall extend beyond the roofline or the end of the wall to which it is attached or project out away from the structure more than four feet.

Signs shall not be located in road rights-of-way nor extend beyond the lot lines of the parcel on which the sign is located.

Freestanding signs shall not be located within 10 feet of any lot line or extend more than 20 feet above adjoining ground level.

Sign placement shall not obstruct safe sight lines from roads or driveways or from intersecting roads.

No sign shall flash or include artificial light that is not maintained stationary and constant in intensity and color at all times.

Illumination shall not constitute a safety hazard or nuisance by reason of the intensity or direction of illumination onto adjacent residential premises or public roads. Illumination shall be mounted at the top of the sign, be downcast, and use fixtures with fully recessed bulbs and shields to cast directional lighting.

Signs shall not be illuminated between the hours of 11:00 p.m. and 6:00 a.m. unless the premises on which the sign is located is open for business.

No sign, except for traffic, regulatory or informational sign, shall use the words "stop," "caution" or "danger" or shall incorporate red, amber or green lights resembling traffic signals or shall resemble "stop" or "yield" signs in shape or color.

No sign shall be larger than 32 square feet.

No sign shall be attached to unregistered motor vehicles, trailers or other wheeled structures or vehicles. This restriction does not apply to magnetic business signs attached to registered vehicles or "for sale" signs.

Rotating signs shall be prohibited.

CC, CH and SCH Districts: A sign budget of 80 square feet, or 12 square feet per business, of sign area shall be permitted per lot for all additional signs on the premises, provided such signs conform to the provisions of this part.

Identification sign. A sign no larger than two square feet in area, bearing only the address and name of the occupants of the premises or other identification of the premises not having commercial connotations.

Regulatory signs. Signs regulating the use of a property, such as "no hunting," "no parking," "enter" and "exit" or "walk," "beware of dog," provided each regulatory sign has no commercial connotation.

Bulletin board. One bulletin board for and on the premises of a public, charitable or religious institution, provided the sign area does not exceed 32 square feet in area.

Temporary signs. Unlighted temporary signs are permitted, provided the sign area per lot does not exceed nine square feet, nor is the sign mounted on or attached to a motor vehicle, trailer or other wheeled vehicle or structure. Temporary signs shall not be displayed for a continuous period to exceed 30 days in any six-month period. All temporary signs shall include a date of posting.

Holiday commemorations. Decorations commemorating nationally or locally recognized holidays or religious events are permitted and may incorporate lights in these decorations to the extent the display does not interfere with neighboring uses or cause a safety hazard.

Unilluminated sign. One unilluminated sign not to exceed six square feet shall be permitted per lot.

No sign or part thereof shall contain or consist of banners, pennants, ribbons, streamers, spinners or moving, fluttering or revolving devices of any kind; and, further, no moving, flashing, rotating or otherwise nonstationary or intermittently lighted sign shall be permitted.

No lights or string of lights will be used for the purpose of advertising, displaying or otherwise attracting attention to the premises when not part of a sign or approved street or outdoor lighting. This shall not be interpreted to include seasonal or holiday decorations temporarily displayed.

Neon shall not exceed two square feet of sign area for any permitted sign.

No natural object shall be defaced and no sign shall be placed upon or supported by any tree, rock or other natural object other than the ground, except a posting or trespass sign.

Fences, outbuildings and appurtenant structures shall not be considered in the tabulation of lineal feet of the principal building, and such structures shall not be made part of any sign.

Flags, emblems or insignia of a nation, municipality or school may be displayed in any district without a permit therefor.

Temporary signs, including handbills, posters, flyers, announcements or advertisements shall not require a permit. They shall, however, comply with all other requirements of this part and shall further not be attached to fences, utility poles or trees or any other natural feature of the landscape. All such temporary signs shall be removed within 30 days from their date of placement, or such shall no longer be classified as temporary and will require a permit as elsewhere provided in this part. All temporary signs shall include a date of posting.

No mobile sign shall be permitted, and no motor vehicle on which is placed or painted any sign shall be parked or stationed in a manner primarily intended to display the sign.

Off-street parking space shall be required for all principal buildings or uses constructed, established or expanded after the effective date hereof so as to require a building/use permit.

The following off-street parking standards shall apply to the types of uses identified below and serve as the basis for determining the parking requirements for similar uses not specifically provided for herein:

In addition, the Planning Board in the review of a conditional use or under site plan review shall establish the requisite number of parking spaces and their satisfactory location consistent with the generally established standards of this part and the circumstances of the instant situation. In particular, it shall be the objective of the Planning Board to encourage sufficient and suitably located, designed and improved off-street parking in a coordinated manner that recognizes the relationship between adjoining or neighboring uses, the public roadway system and available public parking provisions. To this end, it shall be within the purview of the Planning Board in its review capacity to establish and vary parking requirements in any situation consistent with the nature, scale and hours of operation of any use, as well as to consider current provisions for and past experience with off-street parking in the expansion of any existing building or use.

Each off-street space shall consist of at least 180 square feet with a minimum width of nine feet. In addition, other than for an individual residence, space necessary for aisles, maneuvering and drives shall be provided and shall be so arranged as not to interfere with pedestrian or motor traffic on the public roadway and so as to permit all motor vehicles utilizing such facility to turnaround within the parking area to enable any vehicle to enter the public roadway in a forward position.

For any building having more than one use, parking space shall be required for each use. For the purposes of computing parking requirements, floor areas shall be the sum of the horizontal area within exterior walls of the several floors of a building, excluding basement, cellar and attic areas.

Parking or storage in any residential district of recreational vehicles or boats out of doors shall be confined to the rear or side yard and not within 10 feet of any lot line. No unlicensed, inoperable motor vehicle shall be parked or stored out of doors or other than in a fully enclosed structure in any residential district for a period to exceed six months.

Recreational vehicles and/or recreational living units.

Off-street loading shall be so arranged as not to interfere with pedestrian or motor traffic on the public roadway, and any required off-street loading berth shall have a clear area not less than 12 feet in width by 25 feet in length.

An off-street loading space may occupy any part of any required side or rear yard, except no such berth shall be located closer than 100 feet to any residential use other than on the same premises unless wholly within a completely enclosed structure.

Adequate screen planting, fencing or other visual separation shall be provided for in conjunction with any such required off-street loading area.

Any use required by this part to be fenced or screened from view shall provide a fence and/or structural or planting screen sufficient to enclose or so as to preclude entry or effectively screen such use from view from abutting properties and the public right-of-way as is considered appropriate.

The Planning Board shall determine the requirements for fencing and screening in conjunction with its review of any conditional use, planned development district or site plan review.

Visual separation, including earth mounding and screen-planting techniques designed to obscure or soften an unattractive or incompatible view.

Visual setting, including ground cover and plant materials designed to stabilize the landform and provide an appropriate foreground or setting.

Physical separation, including a combination of plant and man-made materials designed to separate distinct land use types or activities.

Solid fences. A building permit is required for solid fences. Except where otherwise required for visibility at street intersections, solid fences are allowed in required side or rear yards in all districts in which residences are allowed. Standards for solid fences are:

Open fences. Open lattice, picket, rail or wire fences are allowed, provided the following standards are met and maintained:

Issuance of a special use permit or granting of a use variance for property within 500 feet of the adjacent municipality;

Site plan review and approval on property that is within 500 feet of the adjacent municipality; or

Subdivision review and approval on such property within 500 feet of the adjacent municipality.

The boundary of any city, village, or town; or

The boundary of any existing or proposed county or state park or other recreation area; or

The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway; or

The existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines; or

The existing or proposed boundary of any county or state owned land on which a public building or institution is situated; or

The boundary of a farm operation located in an agricultural district, as defined by Article 25-AA of the Agriculture and Markets Law.

Any person or persons who are responsible for any acts contrary to the provisions of this part and who have not complied with the direction to remedy such noncompliance as provided for above shall be guilty of the violation of this part and, upon conviction therefor, shall be subject to the penalties provided hereinbelow.

Any person or persons who violate or cause to be violated any provision of this part shall, upon conviction for such violation, be subject to a fine not to exceed $250, imprisonment not to exceed 15 days, or both, for each such violation; and every week, seven days, that said violation continues shall constitute a separate and additional instance of violation.

In addition to the above-provided penalty and punishment, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this part.

The occupancy of the manufactured or modular home shall be in conformance with the appropriate number of occupants for which the dwelling was designed.

The manufactured home or modular home shall have an adequate supply of potable water and sewage disposal system. Both systems shall satisfy the recommended standards of the New York State Department of Health for individual water and waste disposal systems.

The manufactured home or modular home shall conform to all the area requirements of the zoning district in which it is located.

The manufactured home shall have the wheels removed and both modular and manufactured homes shall be attached to a permanent foundation. Permanent foundation shall mean a reinforced, minimum four-inch-thick concrete slab, perimeter masonry foundation or piers. Skirting shall be used to close any space between the manufactured home and its foundation or the ground in the case of piers. Piers, when used, shall be solid and extend into the ground to at least the frost line.

The exterior of the modular home or manufactured home and the parcel of land on which it is located shall be maintained in a neat, orderly and presentable condition.

The occupancy of the manufactured home shall be in conformance with an appropriate number of occupants for which the manufactured home was designed.

The manufactured home shall have an adequate supply of potable water and a sewage disposal system. Both systems shall satisfy the recommended standards of the New York State Department of Health for individual water and waste disposal systems.

The manufactured home shall conform to all the area requirements of the zoning district in which it is located.

The manufactured home shall be securely attached to a permanent foundation with wheels removed. Permanent foundation shall mean a reinforced, minimum four-inch-thick concrete slab, perimeter masonry foundation or piers. Piers, when used, shall be solid and extend into the ground to at least the frost line. Skirting shall be used to close any space between the manufactured home and its foundation or the ground in the case of piers.

The exterior of the manufactured home and the lot or parcel of land on which it is located shall be maintained in a neat, orderly and presentable condition.

The occupancy of the manufactured home shall be in conformance with the appropriate number of occupants for which the manufactured home was designed.

The manufactured home shall have an adequate supply of potable water and a sewage disposal system. Both systems shall satisfy the recommended standards of the New York State Department of Health for individual water and waste disposal systems.