Crawford, NY Zoning Ordinance

Application for a special permit use shall be made directly to the Secretary of the Planning Board in the form required by the Planning Board.

To be considered complete, an application must consist of:

A completed, signed application form with any required attachments.

A detailed site plan, as set forth in Article VI.

All fees as prescribed in the schedule of fees adopted by resolution of the Town Board to cover all review costs, including but not limited to filing fees, engineering fees, legal fees, planning fees and hearing notice fees.

[Amended 8-14-1986 by L.L. No. 5-1986]

An applicant may request an informal nonbinding presubmission conference with the Planning Board to discuss the proposed special permit use.

Upon receipt of a complete application, the Planning Board shall, by motion duly adopted, fix a time not more than 45 days later for a public hearing on the proposed special permit use and shall provide for the giving of notice at least 10 days prior to the date thereof, as follows:

By publishing a notice in the official newspaper.

By posting a notice of the hearing in at least one public place.

By requiring the applicant to serve notice of the date, time, place and substance of the hearing by certified mail, return receipt requested, on all property owners within 200 feet of the property on which such special permit use is proposed to be located.

By providing such other notice as may be required by Article 12-B of the General Municipal Law or other applicable law. No action shall be taken on applications referred to the Orange County Planning Department until the Department's recommendation has been received or until 30 days have elapsed after the Department received the notice, whichever is earlier.

The Planning Board shall make findings and render a decision on the application not later than 45 days after the public hearing is closed, unless the time to render a decision is extended by consent of the Planning Board and the applicant.

Every decision by the Planning Board granting a permit for a special permit use shall clearly set forth the nature and extent of such authorized use, shall be deemed to include any special conditions and safeguards required by this article and shall set forth any additional conditions to which the use shall be subject, given the Planning Board's findings, in order to promote the purposes of this chapter and to protect the health, safety and welfare of the neighborhood where the special permit use is to be located and of the community in general.

Every decision by the Planning Board granting a permit for a special permit use shall be deemed to provide for the annual inspection of the premises by the Building Inspector upon reasonable notice and for the payment by the permit holder of an annual inspection fee. Said fee shall be in an amount established pursuant to a resolution of the Town Board, as said resolution may be amended from time to time, and shall be due by December 31 of each year.

In the event that an application for a special permit use shall remain inactive for a period of 12 months, the same shall be deemed abandoned. Nothing herein shall preclude an applicant from reapplying to the Planning Board.

[Added 5-8-1997 by L.L. No. 4-1997[1]]

Editor's Note: This local law also provided that it shall supersede any inconsistent provision of the Town Law.

Planning Board authority after approval of special permit.

[Added 10-21-2010 by L.L. No. 1-2010]

An annual review of a special permit may be required by the Planning Board. If an annual review is required, a public hearing shall first be set by the Planning Board to hear public concerns regarding the special permit use. The Planning Board shall review the special permit for compliance with applicable conditions and to address any concerns that may have arisen since the special permit was first granted. If the Code Enforcement Officer has issued a notice of violation relating to the special permit, the Planning Board may call for a public hearing at any time to review the special permit.

The Planning Board is authorized to modify the conditions of a special permit or add new conditions in order to mitigate any adverse effects of the use, as determined by the Planning Board, after the permit holder is given notice and an opportunity to be heard.

A special permit may be suspended or modified by the Planning Board if it is determined, after the permit holder is given notice and an opportunity to be heard, that information was intentionally misrepresented in order to obtain a special permit or that there has been an abuse and/or misuse of the special permit.

The Code Enforcement Officer or the Planning Board may initiate a proceeding before the Planning Board to review, modify or suspend a special permit. Any suspension or modification of a special permit may be appealed to the Town Board for a final determination within 30 days after filing of the Planning Board's determination in the Town Clerk's office. An aggrieved party is required to exhaust administrative remedies by appeal to the Town Board. If such appeal to the Town Board is not timely made, then no judicial proceeding to challenge the Planning Board's determination is permitted. Any judicial proceeding to challenge the Town Board's determination shall be instituted within 30 days after filing of the Board's determination in the Town Clerk's office.

The provisions of this Subsection C(9) shall apply to all special permits and special permit uses approved by the Planning Board, whether such approval was granted before or after adoption of this Subsection C(9).

[Amended 12-6-2018 by L.L. No. 7-2018]

§ 137-27 Guiding principles and standards.

Special permit uses shall only be those expressly authorized and set forth in Article III of this chapter.

For each special permit use, the Planning Board shall determine the following:

That such use will be in harmony with and promote the general purposes and intent of this chapter.

That the plot area is sufficient, appropriate and adequate for the proposed use and the reasonably anticipated operation and expansion thereof.

That the proposed use will not prevent the orderly and reasonable use of adjacent properties in adjacent use districts.

That the site is particularly suitable for the location of such use in the community.

That the characteristics of the proposed use are not such that its proposed location would be unsuitably near to a school, theater, recreational area or other place of public assembly.

That the proposed use conforms with this chapter's definition of the special permit use, where such a definition exists, or with the generally accepted definition of such use where it does not exist in this chapter.

That access facilities are adequate for the estimated traffic from public streets and sidewalks, so as to assure the public safety and to avoid traffic congestion, and further that vehicular entrances and exits shall be clearly visible from the street and not be within 75 feet of the intersection of street lines at a street intersection, except under unusual circumstances.

That there are off-street parking and truck-loading spaces at least in the number required by the provisions of Article IV but, in any case, an adequate number for the anticipated number of occupants, both employees and patrons or visitors, and further that the layout of the spaces and driveways is convenient and conducive to safe operation.

That adequate buffer yards and screening are provided where necessary to protect adjacent properties and land uses.

That adequate provisions will be made for the collection and disposal of stormwater runoff from the site and of sanitary sewage, refuse or other waste, whether liquid, solid, gaseous or of any other character.

§ 137-28 Special conditions and safeguards for certain uses.

[Amended 5-8-2003 by L.L. No. 2-2003; 5-13-2004 by L.L. No. 3-2004; 5-13-2004 by L.L. No. 3-2004; 8-14-2008 by L.L. No. 2-2008; 10-21-2010 by L.L. No. 1-2010; 10-17-2013 by L.L. No. 4-2013;[1] 3-21-2015 by L.L. No. 2-2015; 12-6-2018 by L.L. No. 6-2018; 7-21-2022 by L.L. No. 1-2022; 11-16-2023 by L.L. No. 3-2023; 3-21-2024 by L.L. No. 1-2024; 1-16-2025 by L.L. No. 1-2025; 11-20-2025 by L.L. No. 6-2025]

A permit for any of the following special permit uses shall be deemed granted subject to complying with the special conditions and safeguards required by this section:

Conversion of existing dwelling into apartments and/or multifamily dwellings.

Each apartment must be a complete housekeeping unit, consisting of at least a kitchen, one other room and a bathroom with toilet facilities.

Each apartment must meet the minimum floor area requirements set forth in the Table of Dimensional Regulations.[2]

Editor's Note: The Table of Dimensional Regulations is included at the end of this chapter.

Camps.

No building shall be located within 100 feet of any lot line, highway, street or watercourse.

Premises shall be in single ownership and used for recreational purposes only.

Each cabin or cottage shall comply with Orange County Health Department requirements.

Summer cottages.

No building shall be located within 100 feet of any lot line, highway, street or watercourse.

Premises shall be in single ownership and used for recreational purposes only.

Each cabin or cottage shall not be used to accommodate more than two families.

Each cabin or cottage shall comply with Orange County Health Department requirements.

Mobile home accessory to agricultural operation.

In addition to the main residence, one mobile home may be placed on the premises for use only by full-time farm help.

The mobile home must be placed at least 100 feet from the main residence and 150 feet from the nearest public road.

All requirements for one-family dwellings must be complied with, except that the minimum habitable floor area per dwelling shall be 720 square feet.

The mobile home must be removed within three months after its use as a residence for full-time farm help is discontinued. A bond or cash undertaking to cover the reasonably anticipated costs of removal, including attorney fees for securing and/or enforcing the bond or cash undertaking, shall be required of the applicant prior to issuance of a building permit.

Renewal. A permit for a mobile home issued pursuant to this subsection shall be valid until the end of the calendar year and shall be renewable annually by the record owner of the premises on which the mobile home is located. The renewal application shall be submitted by November 1 of each year to the Building Inspector in the form of a sworn statement stating that the use of the mobile home as a residence for full-time farm help continues.

The Building Inspector shall review the renewal applications and grant renewals for all permits for which a sufficient statement has been received.

If for any reason a renewal application is deemed insufficient, the permit holder shall be given at least 10 days prior written notice to appear at the next Planning Board meeting to discuss the matter.

Any permit for which a renewal has not been granted shall be deemed to expire as of midnight on the last day of the year.

Multifamily dwellings.

The development must be served by central water and central sewage systems.

Vehicular entrances and exits shall be clearly visible from the street and located at least 125 feet from any intersection. Where developments with dwelling units totaling 120 bedrooms or more are proposed on a site, two or more permanent vehicular entrances and exits shall be provided that meet municipal street standards for dimension and construction, regardless of whether the entrances, exits or intersecting street are offered for dedication as municipal streets.

Location.

No building, parking area, vehicular circulation area, storage area or recreation area required pursuant to Subsection E(9) below shall be located:

Within 100 feet of any lake, pond, or perennial watercourse;

Within the FEMA-designated one-hundred-year floodplain;

Within New York State regulated wetlands, including the regulated adjacent areas, unless a permit has been received authorizing the specific use and disturbance;

Within a federally regulated wetland unless a permit has been received authorizing the specific use and disturbance, or within 25 feet of a federally regulated wetland, unless the specific use and disturbance is part of the wetland use and disturbance authorized by permit;

On any portion of a lot where the existing grade is sloped 25% or greater over a distance of 25 feet;

[6]

On any portion of a lot with a dimension of less than 50 feet.

No stormwater management facility shall be located within the FEMA-designated one-hundred-year floodplain or within New York State regulated or federally regulated wetlands.

No building or attached row of townhouses shall exceed 160 feet in length.

The minimum distance between principal buildings shall be as follows:

One hundred feet between front elevations.

Sixty feet between rear and front elevations.

Thirty feet between side elevations.

Thirty feet between side and front or rear elevations.

Thirty feet between principal and accessory buildings.

Any courtyard shall have a minimum linear dimension of 60 feet.

Mix requirements.

For developments with only one- and two-bedroom units, no more than 60% of the units may be two-bedroom units.

For developments with only one- and three-bedroom units, no more than 60% of the units may be three-bedroom units.

For developments with one- , two- and/or three-bedroom units, no more than 30% may be two-bedroom and no more than 30% may be three-bedroom units.

For the purposes of this subsection, the term "three-bedroom unit" shall be deemed to also include units with more than three bedrooms.

Off street parking areas, service and drying yards shall be suitably landscaped to assure an attractive environment within the site.

There shall be provided on the same lot a suitably equipped and landscaped children's play area containing not less than 400 square feet of ground area per each dwelling unit not restricted to senior citizens. If any of the dwelling units are age-restricted to senior citizens, there shall also be provided on the same lot a suitably equipped and landscaped open space and recreation area or areas containing not less than 400 square feet of ground area for each such age-restricted dwelling unit. Unless specifically determined otherwise by the Planning Board, such play area and recreation area shall not be considered land suitable for Town park, playground or other recreational purpose.

No more than nine bedrooms shall be permitted per acre of lot area. For purposes of this requirement, lot area shall not include land within a one-hundred-year FEMA floodplain, land within federal or state wetlands or regulated adjacent areas, any portion of the lot having a slope at 25% or greater, or any portion of a lot with a dimension less than 50 feet. For purposes of this requirement, a bedroom is any habitable room containing 60 square feet or more that is not a kitchen, bathroom or living/dining room; and any bedroom containing 180 square feet or more shall be deemed two bedrooms.

All drainage and soil standards found in Chapter 121, Subdivision of Land, shall be applied to multifamily dwellings by the Planning Board.

The Planning Board may limit the number of dwelling units to be constructed during any one calendar year pursuant to an approved application to a reasonable number in accordance with available community facilities and the community's ability to provide such facilities. Said number of dwelling units shall be detailed as part of the Planning Board's approval in order to control the growth of the community to the extent that public facilities such as roads, schools and utilities will not be adversely impacted such that substantial damage will occur to these facilities or that they will not be capable of serving the public in an adequate manner.

(Reserved)

Mining and excavation. The Town Board hereby finds that mining operations could result in adverse effects on the Town's natural, community, physical and cultural resources, including but not limited to community character, traffic, noise, damage to roads, air quality, open space, agriculture, water quality and land forms. The Board finds that mining operations include the mining site itself, accessways to the mining site from public streets and the use of Town roads by mineral transport vehicles. It is the intent of the Town Board to ensure that mine sites are properly reclaimed; that Town roads are utilized to the minimal extent, if at all, by mineral transport vehicles; that Town roads used, damaged or deteriorated by mineral transport vehicles are properly maintained and repaired by the mine owner/operator; and that the residents and property owners in the Town are not adversely affected by the mine operation or by use of the accessways or Town roads by mineral transport vehicles.

The following shall be submitted with the special permit application for approval:

A time schedule for completion of either the entire operation or of each stage of the entire operation.

The number and types of trucks and other machinery to be used on the site.

A site plan and a rehabilitation plan, showing both existing and proposed final contours after operations are completed.

All excavating shall conform to the following rules and regulations:

The proposed operation shall not adversely affect the soil fertility, drainage and lateral support of abutting land or other properties nor shall it contribute to soil erosion by water or wind.

Within 1,000 feet of any residence, there shall be no operations of any kind from 7:00 p.m. to 7:00 a.m. on any day nor at any time on Sundays and legal holidays of the state.

Where any open excavation will have a depth of 10 feet or more and a slope of more than 30°, there shall be a substantial fence approved by the Planning Board, with suitable gates where necessary, effectively blocking access to the area in which such excavation is located. Such fence shall be located 50 feet or more from the edge of the excavation. All operations shall be screened from nearby residential uses as required by the Planning Board.

There shall be adequate access to and from a public street, without using said access for processing and loading purposes, which shall not be located nearer than 200 feet to a lot line. If located within 500 feet of a lot line, such access road shall be provided with a dustless surface.

The top of the natural slope cut for any excavation shall not be less than 100 feet from all lot lines and street lines. No mechanical equipment shall operate within 100 feet of any lot line or street line.

Where any excavation or part of any excavation is within 200 feet of any abutting public road and results in a depth below the level of such abutting road or increases the depth below such abutting road, such excavation or part of such excavation shall be restored to the elevation of such abutting road or to the highest elevation of the land which existed prior to excavation.

After any such operation, the site shall be made, reusable for a use permitted in the district. Where topsoil is removed, sufficient arable soil shall be set aside for retention on the premises and shall be respread over the premises after the operation. The area shall be brought to final grade by a layer of earth two feet thick or original thickness, whichever is less, capable of supporting vegetation. Fill shall be of suitable material approved by the Planning Board.

At all stages of operation, proper drainage shall be provided to prevent the collection and stagnation of water and to prevent harmful effects on surrounding properties.

In granting site plan approval, the Planning Board may require that the owner or his agent post a bond, or an amount to be deposited in a bank account, the amount to be determined pursuant to a recommendation from the Town Engineer, sufficient to secure the rehabilitation of the site in accordance with the approved site plan. Such bond shall be approved by the Town Board as to form, sufficiency and manner of execution and shall run for the same term as the term of the site plan approval. In the event that the owner or his agent does not fulfill the conditions of the bond, the Town may, after ten-day written notice to the owner or his agent and to his bonding or surety company, proceed to rehabilitate the premises in accordance with the plan described above, either with its own forces or by contract, and shall charge the costs to the owner, his agent and the bonding or surety company, all of whom shall be jointly and severally liable.

All equipment and materials used in relation to the mining operation shall be stored and maintained at least 100 feet from all street and property lines, whether or not enclosed in a structure. Screening of such equipment may be required by the Planning Board where the adjacent property would be adversely affected by the storage of such equipment. Nothing within this section may be deemed to include the maintenance of equipment not owned by the person or corporation using the site for a storage and maintenance base.

The Planning Board shall have authority to impose requirements and conditions on a special use permit related to:

Ingress and egress to roads owned, maintained or controlled by the Town, including size and weight limits of vehicles that use Town roads for ingress or egress;

Routing of mineral transport vehicles on or away from roads owned, maintained or controlled by the Town, including prohibiting the use of Town roads unless required for local delivery.

The Planning Board shall have authority to impose as a condition of a special use permit the requirement that the applicant post a bond, in a form and amount satisfactory to the Town Board, to guarantee proper maintenance and repair of Town roads that become damaged or deteriorated through use by mineral transport vehicles.

With respect to a mining operation that also requires a permit from the New York State Department of Environmental Conservation (DEC), the Planning Board shall have authority to impose the same conditions on a special use permit as the requirements and conditions specified in the DEC permit concerning setbacks from property boundaries and public road rights-of-way; natural or man-made barriers to restrict access; dust control; hours of operation; and reclamation requirements contained in the reclamation plan approved by DEC.

Kennels.

The following requirements apply to any use or premises which meets the definition of "kennel" set forth in § 137-3, regardless of the primary or principal use of the premises.

The minimum lot size shall be 10 acres.

All buildings, structures and facilities, including cages, exercise areas and dog runs, where dogs are housed or kept for any period of time shall be located at least 200 feet from each property line and at least 300 feet from the nearest dwelling on another lot.

A kennel shall be separated from another kennel by at least 500 feet, measured from the closest property lines of the subject kennels.

All kennel buildings, structures and facilities must be adequately screened from neighboring properties and roadways. The adequacy of such screening shall be determined by the Planning Board in its sole discretion.

All buildings and structures where dogs are housed or kept shall be fully enclosed.

All buildings and structures where dogs are housed or kept shall be soundproofed or have sound abatement measures as required by the Planning Board in order to protect the repose of neighboring property owners and, to the extent practicable, prevent the sound of dog barking beyond the property lines. When evaluating the requirements to impose with respect to a particular kennel application, the Planning Board may consider the facts and circumstances, such as location and size of the property, topography, location of the buildings where dogs are kept, the number of dogs, and any other matter deemed relevant by the Planning Board.

All dogs shall be properly cared for, fed, watered and sheltered from the elements. Adequately secured exercise areas or runs shall be provided. Storage and disposal of fecal and other wastes and storage of feed supplies shall be conducted in such a manner as to prohibit any nuisance, odor, sanitary or health problems.

All dogs shall be kept inside an enclosed and soundproofed or sound-abated building from 7:00 p.m. until 7:00 a.m.

All kennels and similar uses shall be subject to an annual inspection by an animal control officer, Building Inspector or other person(s) designated by resolution of the Town Board, and shall be subject to such additional inspections deemed necessary by an inspector.

As provided in § 137-26C(9), the Planning Board possesses authority to review, modify or suspend a kennel special permit in order to ensure that all reasonable measures are taken to protect neighbors and the public interest, including but not limited to sound, odor and sanitary conditions.

Self-service storage facilities.

Site and design requirements.

Circulation and access. If the site is fenced, the site access drive shall have the fence and its gate set back a minimum of 40 feet from the fronting road. Internal site circulation lanes shall be adequate in dimensional cross section, width and turning radii to provide for the maneuverability of fire trucks. Aisle width shall be a minimum of 23 feet total for either one-way or two-way traffic flows.

Security. Provision shall be made for adequate site security and access control. If the facility is gated, adequate provision shall be made for access by emergency service providers when the facility is closed. If fencing is provided, no barbed wire or razor wire may be used. Such fence shall not exceed eight feet in height. Notwithstanding the foregoing, the solid rear and/or side wall(s) of a storage building or buildings may be incorporated into a fence line for purposes of access control, subject to Planning Board approval of the exterior finish and of other elements below. Solid or decorative brick, stone, architectural tile, masonry or wood walls may be used for fencing and screening purposes as approved by the Planning Board. The placement of or incorporation of signs or other advertising media on fences or walls is not permitted unless specifically shown on the site plan and expressly approved by the Planning Board.

Appearance, screening, landscaping and lighting. Care shall be taken to provide an aesthetically pleasing, well-landscaped and maintained facility and to avoid a monotonous or fortress-like appearance. Required yards shall be landscaped with a mix of trees, shrubs of varying sizes and vegetative ground cover as appropriate to the site and as approved by the Planning Board. The color, material and design of structures, including roof pitch, shall be reviewed by the Planning Board as to their conformity with surrounding structures and community character if visible to other properties. Security lighting shall be provided on the site but there shall be no glare or spillover of light on to other properties.

Limits on building length and height.

Limit on building length: 220 feet.

Limit on building height: 15 feet for buildings with flat roofs or 23 feet to the top of the roof for buildings with pitched roofs, measured from the highest finished grade elevation at the side of the building fronting on a street (notwithstanding the definition of "building height" contained § 137-3 of this chapter).

Limits on storage and use. The following are prohibited:

Storage or maintenance of radioactive, toxic, explosive or controlled substances.

The servicing or repair of automotive equipment, tools or machinery and the construction or fabrication of goods or materials, either inside or outside the bounds of an individual storage unit.

The operation of power tools, spray equipment, compressors and other equipment.

Auctions, garage or tag sales or any other commercial or private sales.

Rental or use of parking spaces as or for vehicular storage spaces. Parking spaces shall be used only for temporary parking by storage unit owners or lessees. Unenclosed storage of vehicles or items, including but not limited to automobiles, motorcycles, trucks, trailers, vans, recreational vehicles, campers, boats or watercraft, is prohibited, unless the applicant demonstrates to the satisfaction of the Planning Board that such vehicles or items will not be visible from any off-site location because of existing conditions such as topography or other permanent screening or proposed permanent screening. Notwithstanding the foregoing, nothing in this subsection shall be construed as permitting the unenclosed storage of wrecked, inoperable or dismantled vehicles or parts thereof.

Limits on unit size. The maximum size of a storage unit is 600 square feet. No person or tenant shall be permitted to rent or lease more than a total of 1,800 square in a single facility or in adjoining facilities under common ownership or control.

Drainage. Adequate drainage control measures shall be provided on the site so that pre-development rates of off-site flow are not increased. Provision shall be made for protecting the quality of the surface water runoff from the site both during construction and operation of the site.

Signs. The provisions of § 137-17 shall not apply to this use. Signs shall be permitted as follows: One ground-mounted or pole-mounted sign shall be permitted at the entry of the site. Such sign shall not be located so as to interfere with the visibility of traffic entering or exiting the site. The sign shall not be higher than 10 feet, as measured from grade to the top of the sign, and shall not exceed 36 square feet in area. No signage or other attention-getting device shall be mounted to the roofs, doors or sides of any structures on the site or to the site fence. On-site circulation signs shall be provided as needed subject to the review and approval of the Planning Board.

Accessory uses. A leasing office for the purpose of leasing the storage units within the facility may be provided on the site. In addition, a manager's apartment may be provided for the use of a resident on-site manager. The combined total size of the manager's apartment and the leasing office shall not exceed 1,200 square feet.

Parking requirements. Self-service storage facilities shall provide a minimum of one parking space per 100 storage units. In addition, one parking space per 200 square feet of gross leasing office space, but not more than three parking spaces, shall be provided, which parking spaces shall be located adjacent to the leasing office. If an on-site manager's apartment is provided, two additional parking spaces adjacent to the apartment shall be provided.

Separation requirements. In order to avoid an excessive concentration of such facilities in the Town, the bounds of the lot containing a self-service storage facility must be separated by 1,500 feet from the bounds of a lot containing any other self-service storage facility or site approved for such facility.

Antique shops, art studios or craft shops in existing historic outbuildings.

The structure must be accessory to an existing primary residence and only one such structure on the lot may be utilized for such purpose, except that more than one structure on a site may be used with prior approval of the Zoning Board of Appeals.

Both the primary residential dwelling and the existing historic outbuilding structure(s) must have been constructed prior to 1955 in order to be deemed historic.

Overall lot size must be at least three acres and must comply with the then-existing district requirements for lot width. However, if said structure is located within a clustered subdivision approved by the Planning Board pursuant to Chapter 121 of the Town of Crawford Code, the lot size approved thereunder for that lot shall be deemed sufficient, provided that the covenants and restrictions pertaining to the cluster do not prohibit its use for this purpose. Such historic outbuilding shall not have frontage solely on a private road unless specifically approved for such use.

Site plan approval is required, pursuant to Article VI of this chapter.

One parking space per 500 square feet of floor and work area shall be provided.

No such structure may be converted to this use without compliance with the relevant sections of the New York State Fire Prevention and Building Code,[3] if otherwise applicable.

Editor's Note: See Ch. 87, Fire Prevention and Building Construction Administration.

Not more than 2,500 square feet of the ground floor area of the structure shall be used for this accessory use, unless additional area is approved by the Zoning Board of Appeals.

Instructional classes may be offered as an accessory to an art studio or craft shop. Additional parking as approved by the Planning Board shall be provided sufficient to provide for the most intensive simultaneous use of the site, some of which may be designated as temporary overflow parking where advisable based on the characteristics, frequency and intensity of the use. Temporary overflow parking areas need not be improved to the same standard as the primary parking areas.

No outdoor display of any items shall be permitted unless specifically approved by the Planning Board and shown for temporary use on the site plan. Any area to be used for such temporary outdoor display of items shall be specifically delineated on the plan. The Planning Board may establish conditions on such display as it deems reasonable and necessary. No outdoor display of items shall be permitted when the facility is not open for business.

It is expressly prohibited to use any structure approved pursuant to this section as an auction house.

Signage for such use shall be at the discretion of the Planning Board, notwithstanding any other provisions to the contrary. Signage shall be indirectly illuminated if illumination is approved. Signage shall be attractive and permanently finished and shall be designed in a style that is compatible with the buildings to which they are accessory.

The Planning Board may establish any other conditions that it deems reasonable and necessary to protect the character and appearance of the site so that the use remains consistent with the rural residential character of the site.

Storage uses in existing historic outbuildings.

The structure must be accessory to an existing primary residence and only one such structure on the lot may be utilized for such purpose. However, more than one structure on a site may be used with prior approval of the Zoning Board of Appeals.

Both structures must have been constructed prior to 1955 in order to be deemed historic.

Overall lot size must be at least three acres and must comply with the then-existing requirements for lot width. However, if said structure is located within a clustered subdivision approved pursuant to Chapter 121 of the Town of Crawford Code, the lot size so approved for that lot shall be deemed sufficient, so long as the covenants and restrictions pertaining to the subdivision do not prohibit its use for such purpose. Such historic outbuilding shall not front solely on a private road unless such additional use of the outbuilding has been specifically approved for such use.

Site plan approval is required, pursuant to Article VI of this chapter.

Such facilities are prohibited from storing or allowing the storage of toxic, explosive, flammable, putrescible, or otherwise dangerous or noxious materials that are incompatible with the public health and safety or may pose a risk of groundwater or other environmental contamination. Examples of items that are permitted for storage within historic outbuildings include but are not limited to registered or unregistered cars and trucks including parts thereof, agricultural and silvicultural tools, agricultural and silvicultural equipment and materials, furniture, garden tools and equipment, unoccupied camper trailers and recreational vehicles but specifically excluding manufactured permanent housing units, sporting goods and equipment, concrete forms, and construction equipment and vehicles. The foregoing list is intended to be illustrative and not inclusive.

No open storage is allowed. All items and materials shall be stored completely within the confines of the historic outbuilding(s) as approved pursuant to this section, and such historic outbuilding(s) shall be maintained in good order consistent with the style and character of the structure. Dividers may be erected within the building(s) as may be needed in order to create separate internal storage areas; however, the same shall be incorporated in the site plan, and the Planning Board shall refer such plans for comments from the appropriate fire district, requiring such reasonable modifications as may be needed in order to ensure safe passage within the building so that reasonable health and safety needs are met. In addition, no structure may be converted for such use without compliance with the relevant sections of the New York State Fire Prevention and Building Code, as may be applicable.

No processing of materials, mechanical or other repair work shall take place on the premises pursuant to this section.

One parking space per one per 500 square feet of floor and work area shall be provided.

It is prohibited for any facility approved pursuant to this section to be used as an auction house.

Signage for such use shall be permitted at the discretion of the Planning Board notwithstanding any other provisions to the contrary. Signage shall be indirectly illuminated if illumination is approved. Signage shall be attractive and permanently finished and shall be designed in a style that is compatible with the buildings to which they are accessory.

Residential use of existing historic outbuildings.

The structure must be accessory to an existing primary residence and only one such structure on the lot may be utilized for such purpose. However, more than one structure on the lot may be used for such purpose with prior approval of the Zoning Board of Appeals.

The structure must have been constructed prior to 1955 in order to be deemed historic. No more than three dwelling units conforming to the then-current zoning law requirements for living area per dwelling unit may be located within such historic outbuilding. Construction and/or use of more than three units in such a structure requires prior approval of the Zoning Board of Appeals.

Required lot size per dwelling unit contained within the outbuilding: the lot area required per unit for the then-current zoning in the applicable zoning district must be provided per unit. However, if said structure is located within a clustered subdivision approved by the Planning Board pursuant to Chapter 121 of the Town of Crawford Code, the lot size so approved for that lot shall be deemed sufficient, if planned as part of the clustered subdivision approval. If such use is accessible by a private road authorized pursuant to § 121-8 of the Town of Crawford Code, the number of dwelling units within said outbuilding shall count towards the private road improvement requirements, and any private road maintenance agreement shall include consideration of all dwelling units within a historic outbuilding using such private road.

Site plan approval is required, pursuant to Article VI of this chapter. The exterior finish, materials of construction and appearance of the outbuilding shall be disturbed as little as possible. If new or replacement exterior parts are required in the conversion of the outbuilding, they shall be of an appearance that is consistent with the age, style, and appearance of materials and design of the outbuilding. These requirements are not intended to prohibit the use of modern reproduction finishes and high-quality low-maintenance finishes and materials where appropriate, but such materials shall appear consistent with the site and its surroundings.

Parking areas and entryways to the converted outbuilding should be sited unobtrusively. Where possible, other existing accessory outbuildings may be used to provide enclosed parking for the residents of the converted outbuilding.

The Planning Board shall impose building maintenance requirements in order to ensure that the appearance of the building is preserved in a manner that is consistent with the original approval.

Auction house.

The use shall be provided with sufficient on-site parking meeting the same requirements as places of public assembly.

The Planning Board shall determine that the use will create no traffic obstructions and no significant harmful traffic impact. A traffic study may be required if the Planning Board deems necessary to render this determination.

Private school. Private schools, colleges and other educational institutions.

Elementary schools (K-3): Minimum lot area shall be as outlined per student below.

	Number of Students	Acres
	0 to 25	2
	26 to 50	3
	51 to 100	4
	Each 1 to 100 additional	1 additional

Elementary schools (K-6): Minimum of four acres for up to 100 students; one additional acre is required for each additional increment of 100 students or fraction thereof.

Secondary schools (7-12) and colleges. Minimum of 11 acres for up to 100 students; one additional acre is required for each additional increment of 100 students or fraction thereof.

Access and circulation.

All schools shall construct access drive(s) providing for safe and adequate ingress and egress to and from the site complying with sight distance requirements for municipal road intersections. However, if the Planning Board in its discretion shall find that special circumstances in the area of a given site warrant, greater sight distance than the minimum requirement may be required.

Safe and adequate internal vehicular site circulation patterns shall be provided for cars and/or buses if applicable. If a dropoff area is provided near the building, one-way traffic patterns must be provided for the dropoff area. Internal circulation patterns in the parking lot(s) and around the building shall minimize pedestrian/vehicular conflict.

If outdoor play areas and/or fields for various sports are provided then such play areas shall be located so as to avoid creating a nuisance to adjoining property owners, and shall incorporate physical separation, screening and other measures for this purpose. No outdoor lighting shall be provided for playing fields without the express approval of the Planning Board upon a finding that such lighting will not create a nuisance nor a harmful visual impact that is inconsistent with the surrounding neighborhood.

Lawful existing summer camps and summer cottages.

Any property lawfully in use as of January 30, 2004, for the purpose of a summer cottage development or summer camp shall be considered a lawful nonconforming use and may be continued, subject to and in accordance with the provisions of § 137-25 and the requirements below.

Such a summer cottage development may be approved for additional summer cottages, but only within the boundaries of the lot as it existed on January 30, 2004, and further subject to the following conditions:

A map showing the location of all existing and proposed buildings and installations shall be filed with and approved by the Planning Board.

Sanitary and safety standards in accordance with state regulations, and all Planning Board regulations and conditions of approval shall be complied with.

The minimum distance between buildings shall be 1 1/2 times the height of the taller of two such buildings, but not less than 20 feet.

There shall be not more than two two-family cottages per acre, or one two-family cottage and two single-family cottages per acre, or four single-family cottages per acre.

Summer cottages shall be limited to occupancy between Memorial Day and Labor Day in any year.

Where camp or cottage structures do not comply with the foregoing standards, the Planning Board may require that such existing buildings and installations be altered so as to comply with such standards, as a condition of approval for the erection of additional summer cottages.

Bed-and-breakfast residence.

The operator of the bed-and-breakfast residence establishment shall be an owner of the property and an occupant of the single-family residential dwelling to which the guest rooms are accessory.

A bed-and-breakfast shall be permitted accessory only to single-family detached dwellings. However, in no case shall bed-and-breakfast residences be permitted as an accessory to a single-family detached dwelling having physical access only to a private road. The driveway serving the bed-and-breakfast residence shall have direct physical access to a public road.

Full vehicular turnaround for the single-family detached dwelling and the bed-and-breakfast residence shall be provided unless the Planning Board waives such turnaround requirement for lots having frontage on an access to a minor street.

The establishment and operation of the bed-and-breakfast residence shall not alter the appearance of the residence structure as a single-family detached dwelling.

Not more than three bedrooms of the single-family detached dwelling shall be permitted to be used for rental purposes. Upon conversion of any portion of floor area in the single-family residential dwelling to a bed-and-breakfast residence establishment, the dwelling shall retain at least one bedroom for the exclusive use for the owner of the dwelling to which the bed-and-breakfast residence is accessory.

Room rental shall be for transient usage only. There shall be a limit of not more than 14 consecutive days for the length of stay by any guest.

The sanitary and water supply systems serving the dwelling shall be found to be adequate to meet the needs of the dwelling, together with the bed-and-breakfast residence use, and adequate waste enclosures shall be provided to contain the solid waste generated by the use.

Parking shall be provided to meet the residence requirement, together with one additional space for each bed-and-breakfast bedroom.

Hard-surfaced walkways equipped with low-level lighting shall be provided from the parking spaces to the bed-and-breakfast residence entrance.

If any outside recreation or any other exterior improvements exist or are planned to be constructed for use of the guest of the bed-and-breakfast residence, those improvements shall be part of the approved site plan.

Food service shall be limited to those renting rooms.

Bed-and-breakfast inn.

A bed-and-breakfast inn is not required to be the principal residence of the operator. However, if a bed-and-breakfast inn is not the principal residence of the operator, the Planning Board shall require that adequate on-site supervision be provided. The bed-and-breakfast inn shall provide a reception/office area, which need not be a room dedicated solely to that purpose, but shall not be located within a guest room.

The number of guest rooms permitted for rental in a bed-and-breakfast inn shall be limited to 14 rooms.

Room rental shall be for transient usage only. There shall be a limit of not more than 14 consecutive days for the length of stay by any guest.

The appearance of the bed-and-breakfast inn shall be compatible and consistent with the appearance of the residences in its immediate neighborhood.

The driveway serving a bed-and-breakfast inn shall have direct physical access to a public road. The inn shall not be permitted to have direct vehicular access only to a private road.

Full vehicular turnaround for the bed-and-breakfast inn shall be provided.

One parking space shall be provided for each full-time employee and 1.25 parking spaces shall be provided for each guest room.

Hard-surfaced walkways equipped with low-level lighting shall be provided from the parking spaces to the bed-and-breakfast inn entrance.

The sanitary and water supply systems serving the structure shall be adequate to meet the needs of the use, and adequate solid waste enclosures shall be provided.

If any outside recreation or any other exterior improvements exist or are planned to be constructed for use of the guests of the bed-and-breakfast inn, those improvements shall be shown on the site plan submitted to the Planning Board.

Food service shall be limited to those guests renting rooms at the bed-and-breakfast inn, unless otherwise specifically approved by the Planning Board. In evaluating the option of allowing food service to persons other than those guests renting rooms at the bed-and-breakfast inn, the Planning Board shall consider the seating capacity of the dining area(s) and the adequacy of parking. The Planning Board shall require additional parking spaces beyond those required for the guest rooms by applying the requirements for restaurants, based on the seating capacity of the dining area(s). Where food service is not limited to guests renting rooms at the bed-and-breakfast inn, the Planning Board shall consider potential noise, odor and other potential impacts on the surrounding neighborhood. The Planning Board shall have the power to establish such reasonable conditions it deems necessary, including but not limited to limits on hours of food service operation.

Automobile repair shop, filling station and gas station.

No major repair work shall be performed out of doors.

Pumps, air compressors and other devices shall be located at least 25 feet from the edge of existing street rights-of-way.

Tanks for fuel, oil, or similar substances shall be stored underground or at least 50 feet from any lot line.

No more than two dismantled or partly dismantled vehicles may be stored on the site. Such storage shall be within an opaque fenced area and shall not be visible from ground level on adjacent lots or a public street.

Light industry in BP Zoning District.

Building lot coverage shall not exceed 30% of total lot area.

The front yard setback shall be 125 feet from a Town or county highway and 200 feet from a state highway.

The light industrial use is one of such a nature and so designed, constructed and operated that there is no production of sound, heat or glare perceptible at any lot line, and which emits no vibration, smoke, dust, dirt, or toxic or offensive odors or gases.

Property and buildings to be used for light industrial purposes shall be designed and laid out as to minimize disturbance to adjacent property by such features as buffer fences, plantings and suitably located points of traffic ingress and egress.

Any and all loading, unloading or deliveries shall be "off street" and the facilities therefor shall be located at the rear or sides of buildings that do not face the roadway.

The location, nature, design, and height of a building, its scale with reference to its surroundings, and the nature and intensity of the use, shall not have an adverse effect on the surrounding environment nor discourage the appropriate and orderly development of other uses that are permitted within the BP Zoning District.

Site lighting shall be shielded and directed to prevent glare or spillover off the properties or on to residential properties.

Signs for advertising purposes shall be prohibited.

All other applicable standards and requirements, including but not limited to § 137-11A and § 137-11.1A, are complied with.

Building trades and property maintenance trades in RA Zoning District.

Incidental use. Such uses shall be incidental to an owner-occupied principal residential use or agricultural operation.

Minimum lot size. A minimum lot size of 2 1/2 acres shall be provided.

Outdoor storage. All parking, storage, display or placement of vehicles, items and/or materials ("storage area") shall be screened from neighboring properties and roadways, which screening is subject to approval by the Planning Board.

Hours of operation. The Planning Board may set limitations on the hours of operation related to when commercial vehicles may enter or leave a site associated with the trade.

Off-street parking. No more than two nonresident employee vehicles shall be parked on the site at any time.

Deliveries. The delivery of supplies associated with the business shall be limited to no more than two deliveries per day.

Garages. Garages used for a trade shall be detached from the principal residential structure but designed to complement the architecture of the primary residence on the site. The following specific standards shall apply to the construction of a garage used in conjunction with the trade:

Design. The garage shall have the appearance of a detached garage associated with a residence or barn associated with an agricultural operation. The architecture, exterior materials, colors and height of the garage shall be designed to complement the primary residence or agricultural operation. The Planning Board may impose limitations on the size of the garage to ensure it is not disproportional to the size of the principal residential dwelling on the site.

Height. The height of a garage shall not exceed 35 feet.

Windows. Garages associated with a business or property maintenance trade shall incorporate windows to give the appearance of residential garage.

Garage placement. Garages shall be situated so that they are no closer to the front lot line than the principal residential dwelling on the site. Where feasible, garages shall be placed in the rear yard.

Adult uses.

	NOTE:
	Legislative statement of purpose and considerations.
	(1) It is declared that the nature of certain land uses, known as "adult uses," possesses characteristics which are likely to cause serious secondary impacts on adjoining uses and which therefore have a significant potential to adversely affect the quality and character of the neighborhood in which they are located and the Town as a whole.
	(2) The deleterious effects of such uses on adjoining uses and properties have been demonstrated in numerous reports and studies, including a report prepared for the nearby Village of Washingtonville, which have been reviewed by the Town Board. The effects include increased crime rates, depreciation of property values, deterioration of community character and adverse impact on the quality of life in the surrounding residential areas. Such effects are increased where adult uses are located in close proximity to each other.
	(3) The Town Board finds that many of the issues studied in the reports are directly relevant and applicable to the circumstances of the Town of Crawford, including overall trends in Orange County and the ready availability of existing adult uses to residents of the Town.
	(4) Having reviewed the location and type of sensitive land uses that exist in the Town, the Board finds that residential uses and sensitive land uses are intermixed with business areas and uses, that there is no discrete business area separated from residences and sensitive uses, and that business areas and commercial zoning districts are located along streets routinely traveled by school buses to and from local schools and residences.
	(5) Upon consideration of the aforesaid reports and studies, and of the particular circumstances and patterns of land uses in the Town of Crawford, it is declared that the deleterious effect of such uses on adjacent areas and on the community are such as to require special regulations in order to ensure that these adverse effects will not create or contribute to the blighting or downgrading of the surrounding neighborhoods or land uses in the Town.
	(6) The prospect that such uses may locate in any of the many areas of the Town where children regularly assemble is of great concern to the Town of Crawford, due to the numerous reports and studies which demonstrate that adult uses are often associated with increased crime rates, deterioration of property, marginalization of commercial areas, disorderly conduct and other blighting influences that affect churches, schools and other community institutions serving the children of the Town, and that such uses increase the potential for minors to be exposed to images with explicit sexual content.
	(7) The Town Board recognizes and affirms the rights of speech and expression protected by both the federal and the state constitutions, and acknowledges that such regulations must be subject to strict scrutiny in order to determine whether they are consistent with the spirit and intent of the constitutional protection of free speech and expression.
	(8) The Town Board recognizes that the only proper and appropriate purpose of such regulation is to control such uses as development per se and regulate adults uses so as to avoid or minimize the secondary effects of such uses on surrounding properties and the community, and that the Board has carefully considered the purpose and objectives of these regulations so as to ensure that the nature, breadth and burden of any restrictions imposed upon protected speech and expression are the minimum necessary to achieve the legitimate municipal objectives of the Town.
	(9) The Board finds that such regulatory scheme and implementing regulations strike an appropriate balance between necessary restrictions and protected speech and expression.
	(10) By adopting such regulations the Board does not intend in any way to control the form or content of protected speech and expression, or otherwise impose unreasonable burdens by virtue of the zoning or planning regulations of the Town on those who wish to participate in such forms of speech and expression, but rather intends to protect the existing zoning scheme and the comprehensive plan of the Town, which demonstrate the Town's longstanding objective of protecting residential areas and other sensitive land uses from the intrusion of similar secondary effects associated with commercial uses that generate disorderly conduct, traffic, congestion, noise, and trash.
	(11) It is therefore declared that the regulations set forth in this Subsection U shall be adopted to accomplish the primary purpose of preventing and minimizing the deleterious effects of such uses on residential, recreational, civic, and neighborhood shopping areas of the Town and restricting their accessibility to minors.

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

ADULT USE

The use of any building, structure or land, or portion thereof, for any purpose involving activities that are not open to the public generally but exclude, or are required by law to exclude, any minor by reason of age, or which sell products designed or intended for use by adults, including but not limited to, the establishments defined below:

ADULT BOOKSTORE OR VIDEO STOREAn establishment having as a substantial or significant portion of its stock-in-trade books, magazines, other periodicals, films, photographs, slides and/or video tapes, of which establishment a substantial portion is customarily not open to the public generally but excludes, or is required by law to exclude, any minor by reason of age. In determining whether a substantial portion of such establishment or stock is devoted to such materials or use, the following factors shall be considered:

The proportion of floor area allocated to such use that is not available to the general public in comparison to the floor area that is available to customers without restriction by reason of age;

The proportion of such materials maintained in space that is not available to the general public in comparison to the floor area that is available to customers without restriction by reason of age; and

The total amount of floor space allocated to use that is not available to the general public but which is restricted by reason of age.

ADULT ENTERTAINMENT CABARETA public or private establishment which presents nude or seminude dancers, strippers, male or female impersonators or exotic dancers, or other similar entertainments, and which establishment is customarily not open to the public generally but excludes, or is required by law to exclude, any minor by reason of age.

ADULT MODELING/PHOTOGRAPHY STUDIOA modeling or photography studio which is not open to the public generally but excludes, or is required by law to exclude, any minor by reason of age or which engages in nude or seminude modeling or photography.

ADULT MOTEL/HOTELA motel/hotel which is not open to the public generally but excludes minors by reason of age, or which makes available to its patrons in their rooms films, slide shows or videotapes, which if presented in a public movie theater would not be open to the public generally but would exclude, or be required by law to exclude, any minor by reason of age.

ADULT THEATERA theater that customarily presents motion pictures, films, videotapes, slide shows, that are not open to the public generally but excludes, or is required by law to exclude, any minor by reason of age.

MASSAGE ESTABLISHMENTAny establishment having a fixed place of business where massages are administered, including but not limited to massage parlors, sauna baths and steam baths. This definition shall not be construed to include a hospital, nursing home or medical clinic or the lawfully established office of a duly licensed health care professional, such as a physician, surgeon, chiropractor, osteopath, or physical therapist, or barbershops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders. This definition shall also exclude health clubs which have facilities for exercise, such as tennis courts, racquetball courts or exercise rooms, and which do not receive their primary source of revenue through the administration of massages.

PEEP SHOWSThe use of a building or a portion of a building to present material in the form of live shows, films or videotapes viewed from an individual room or similar enclosure which is not open to the public generally and which excludes, or is required by law to exclude, any minor by reason of age.

SENSITIVE USE

The use of a parcel of land for certain uses determined to be by their nature particularly susceptible to the secondary impacts of adult uses, such as existing residences; a public or private school; church or other place of religious worship; cultural, civic or historic use open to the general public; day-care use; park, playground, or recreational facility open to the general public.

The following special conditions and safeguards apply to adult uses:

Adult uses shall comply with the following requirements as to location:

No lot or parcel containing an adult use shall be located within 500 feet of any residential zoning district boundary or of any lot or parcel on which is located a residence or for which an application for land use or building permit approval of a residence was filed prior to the date of filing of a conditional use permit application for the adult use.

No lot or parcel containing an adult use shall be located within 500 feet of any lot or parcel on which is located a sensitive use.

No lot or parcel containing an adult use shall be located within 500 feet of any lot or parcel on which is located an adult use.

In determining location requirements pursuant to this subsection, all required distances shall be measured from the nearest lot line of the lots or parcels containing any of the uses in Subsection U(2)(a)[1], [2] or [3] to the nearest lot line of the lots or parcels on which the adult use is proposed to be located.

The property containing an adult use shall have frontage only on a state highway.

The use shall be one which is specifically authorized as a use in the district within which such particular site is located.

No more than one adult use shall be located on any lot.

The use shall comply with all applicable lot dimension, setback, parking and other requirements set forth in this chapter, including but not limited to site plan requirements of Article VI, in addition to the requirements herein, unless a variance with respect to such dimensional requirements has been duly issued by the Zoning Board of Appeals. If any reduction is proposed in the minimum distance requirements set forth in Subsection U(2)(a) above with respect to separation from other uses, such variance shall be considered as a use variance.

In considering the impact of the proposed plan on the development of adjoining properties, the Planning Board shall consider only the secondary impacts of the proposed adult use and make specific findings with respect to such impacts. In doing so, the Board shall ensure that the proposed use avoids, minimizes or mitigates any reasonably foreseeable cumulative effect on the nature of the community and adjoining properties, taking into consideration the proposed hours of operation, other existing or proposed adult uses and similar uses with the potential for deleterious effects on the community, including but not limited to pool halls, bars, arcades or pawnshops.

The proposed site plan must avoid, minimize or mitigate any demonstrated or potential impact of the proposed use upon community services, such as fire protection, police, sanitation or public works.

Appropriate provision shall be made for access facilities adequate for the estimated traffic from public streets and sidewalks, so as to assure the public safety and to avoid traffic congestion. Vehicular entrances and exits shall be clearly visible from the street and not within 75 feet of the intersection of the street lines at a street intersection except under unusual circumstances.

There shall be fully adequate parking areas and off-street truck loading spaces, in conformity with the standards established in this chapter and all other pertinent provisions of the Town Code, for the anticipated number of occupants, employees and patrons and that the layout of the parking spaces, truck-loading berths and interior driveways is convenient and conducive to safe operation.

Adequate site lighting shall be provided while minimizing or avoiding adverse impacts of lighting on adjoining properties. The Planning Board may require a lighting plan that demonstrates where the installation of outdoor or spot lighting is proposed or required and may require that such lighting shall not shine directly upon any abutting property.

Any proposed signs, displays, architectural design, or lighting visible from any public street or right-of-way or from surrounding properties shall be designed and constructed so as to conform to the requirements of the Town Code and to avoid or mitigate to the maximum extent practicable any reasonably foreseeable adverse effect of the proposed use upon minor children passing by. Signs or displays shall not include images containing nudity or seminudity or otherwise obscene content.

The Planning Board may require a protective planting strip along every side and rear lot line abutting an existing building, use, or land zoned for residential purposes. Such planting strip shall not be less than six feet wide, situated within any required side or rear yard, designed and laid out with suitable plant material which will attain and shall be maintained at a height to be stipulated by the Planning Board, which height shall not be less than six feet nor more than 10 feet, so as to provide an effective natural screen.

Nonconforming adult uses. Any adult use in lawful existence on the effective date of this Subsection U shall, within one year of such effective date, be either terminated or caused to comply with all provisions of this chapter. The owner of property containing such an adult use may apply to the Zoning Board of Appeals for an extension of said one-year amortization period for such additional time deemed necessary by the Zoning Board of Appeals for the adult use to recoup its expenditures. Failure to make such application to the Zoning Board of Appeals prior to expiration of the one-year period shall be deemed a waiver of this opportunity to seek an extension of the amortization period.

Bed-and-breakfast residence in RA Zoning District.

The owner/operator of the bed-and-breakfast residence shall be an owner of the property and a full-time occupant of the property, although it is not required that the property owner reside in the building containing the bed-and-breakfast establishment.

The establishment and operation of the bed-and-breakfast residence shall not alter the residential appearance of the building. There shall be only one principal building on the lot. New construction shall have the appearance of a single-family dwelling. The appearance of accessory structures shall be consistent with structures typically accessory to a single-family dwelling.

The location of the property, the location of the bed-and-breakfast structures on the property, the driveway location, other site conditions, and the operation of the bed-and-breakfast business shall not adversely affect neighboring properties or the character of the neighborhood. In making this determination, the Planning Board shall have the maximum discretion permitted by law.

For a bed-and-breakfast residence containing three or fewer guest rooms, the minimum lot size shall be five acres. For a bed-and-breakfast residence containing four or more guest rooms, the minimum lot size shall be 10 acres.

All buildings containing a bed-and-breakfast guest room shall be set back at least 200 feet from the center of the fronting roadway and shall be set back at least 100 feet from the side and rear property lines. In addition, for a bed-and-breakfast residence containing three or fewer guest rooms, all buildings containing a guest room shall be at least 200 feet from the nearest residence; and for a bed-and-breakfast residence containing four or more guest rooms, all buildings containing a bed-and-breakfast guest room shall be at least 300 feet from the nearest residence.

Driveway access shall provide adequate ingress and egress for guests' vehicles and emergency vehicles. The Planning Board shall have the maximum discretion permitted by law to determine an appropriate driveway location and surface, and shall consider the potential effect of the driveway location on neighboring properties and residences. The Planning Board shall have discretion to require a dustless surface for all or a portion of the driveway.

Room rental shall be for transient occupancy only. A guest may stay at the bed-and-breakfast residence for no more than 10 consecutive days.

The only meal that may be offered by the bed-and-breakfast residence is breakfast, and that meal shall be limited to guests only. There shall be no cooking in any guest room.

The maximum number of guest rooms permitted in the bed-and-breakfast residence is six. The guest rooms may be located in more than one building on the property.

There shall be no parking in the required front yard. At least one parking space per guest room, two parking spaces for the property owner, and one parking space per employee or staff member shall be provided.

One nonilluminated sign no larger in area than two square feet stating the name, address and phone number of the bed-and-breakfast residence is permitted. Such sign shall be placed as close as possible to the intersection of the driveway and the fronting road, but shall not interfere with sight distance.

All exterior lighting shall be consistent with a typical single-family residence, except for lighting in parking areas. Lighting in parking areas shall contain horizontal cutoff shields and shall be limited to no more than 2.0 footcandles.

The water supply and wastewater facilities shall be adequate to accommodate the bed-and-breakfast operation. The Board may require the applicant to demonstrate that such facilities are adequate.

(14)

The site and buildings used as the bed-and-breakfast establishment shall comply with all building code, fire code and other applicable regulations.

(15)

Motorized recreational vehicle use by guests is prohibited.

(16)

If the lot size is at least 10 acres, then outdoor events, functions or gatherings may be permitted at a bed-and-breakfast residence at the sole discretion of the Planning Board. In making this determination, the Planning Board may consider lot size and shape, distance between the outdoor gathering area and neighboring residences, the potential for noise or other disturbance of neighboring residences, natural screening, parking and access, and any other factor deemed relevant by the Planning Board. In making this determination, the Planning Board shall have the maximum discretion permitted by law.

Hotels and motels.

Room rental shall be for transient occupancy only. A guest may stay at a hotel or motel for no more than 30 consecutive days and for no more than a total of 30 days within a five-week period. This restriction shall apply to all existing and new hotels and motels.

In the O-R (Office-Residence) Zoning District, a hotel or motel shall not have more than 25 guest rooms.

Affordable multiple dwellings in BP-Hamlet Zoning District.

All dwelling units shall be affordable to lower-income or moderate-income persons pursuant to income levels determined by New York State and/or federal agencies.

The provisions and requirements of § 137-28E shall not apply. Notwithstanding the bulk requirements contained in the Table of Dimensional Regulations for the BP-Hamlet Zoning District, the bulk requirements shall be as follows:

Minimum lot size: two acres.

Minimum lot width: 100 feet.

Minimum front yard setback: 75 feet.

Minimum side yard setback (each): 25 feet.

Minimum rear yard setback: 40 feet.

Maximum building height: 35 feet.

Maximum building coverage: 40%.

Minimum distance between buildings: as determined by the Planning Board during special permit review.

Density: 20 dwelling units per gross acre.

Minimum habitable floor area:

One bedroom: 450 square feet.

Two bedrooms: 700 square feet.

Three bedrooms: 800 square feet.

Mix of dwelling units: One three-bedroom dwelling unit is permitted for a caretaker. The remaining dwelling units shall be either one-bedroom units or two-bedroom units.

(l)

Parking requirement: one space per dwelling unit.

Municipal water and sewer service must be available to service the site.

Building trades and property maintenance trades in BP and BP-Hamlet Zoning Districts.

The property and building(s) shall be designed and laid out as to minimize disturbance to adjacent property by such features as buffer fences, plantings and suitably located points of traffic ingress and egress.

The Planning Board may establish limitations on the hours of operation and or when commercial vehicles may enter or leave the property.

All loading, unloading and deliveries shall be "off street" and the facilities therefor shall be located at the rear or sides of buildings that do not face a roadway.

Site lighting shall be shielded and directed to prevent glare or spillover off the property or onto residential properties.

All other applicable standards and requirements, including but not limited to §§ 137-11A and 137-11.1A, must be met. If any provision in this § 137-28Y is inconsistent with any other applicable standard or requirement, the more restrictive requirement shall apply.

Car washes in BP, BP-Hamlet and I Zoning Districts.

Car wash bay openings shall be aligned or screened so as not to be visible from existing and proposed public highways. Screening shall be maintained throughout the life of the use.

The Planning Board shall evaluate the water use and wastewater discharge and the capacity of the Town's infrastructure to properly accommodate such use and discharge, including potential future development. The Planning Board may deny the special permit use application if the Board determines that the water supply or wastewater treatment capacity is not adequate.

All other applicable standards and requirements, including but not limited to § 137-11A and § 137-11.1A, must be met. If any provision in this § 137-28Z is inconsistent with any other applicable standard or requirement, the more restrictive requirement shall apply.

AA.

Farm alcohol production facilities.

The applicant shall demonstrate an adequate and ongoing nexus to agriculture, including use of agricultural inputs grown on-site or sourced in New York State in accordance with the ingredient-sourcing requirements of the applicant's State-issued farm manufacturer license and the New York State Agriculture and Markets Law. Prior to issuance of a certificate of occupancy, the applicant shall provide proof of a valid New York State farm manufacturer license. The ongoing operation shall remain in good standing for state licensing requirements.

Bulk requirements.

Minimum lot area: 10 acres (or such greater area as may be required by the Planning Board to address site constraints). However, the Board may reduce the lot area requirement to five acres if the applicant demonstrates: i) production inputs are primarily grown on contiguous lands under common control; and ii) all other requirements herein are met.

Setbacks. Production buildings and tasting rooms shall be located a minimum of 150 feet from any lot line abutting a residential use or residential zoning district, and outdoor patron areas shall be a minimum of 200 feet from any lot abutting a residential use or residential zoning district. The Planning Board may increase the setback requirements to address site-specific conditions or reduce such requirements where topography and/or vegetation provide equal or better buffering.

Other siting requirements: Production buildings and parking shall be sited to minimize visibility from public roads and residential uses, preserve agricultural soils to the maximum extent practicable, and maintain a rural streetscape, Where practicable, existing agricultural or residential structures shall be used in preference to new construction.

A traffic management and event parking plan is required. On-site parking shall be provided for routine operations. Overflow or event parking may be provided on reinforced turf or pervious surfaces. Shared driveways and internal circulation with adjacent agricultural uses are encouraged where feasible.

Normal tasting room hours shall not exceed 10:00 a.m. to 9:00 p.m. on Sunday through Thursday, and 10:00 a.m. to 10:00 p.m. on Friday and Saturday, unless otherwise authorized by the Planning Board. Deliveries and production activities generating noise shall not exceed 7:00 a.m. to 7:00 p.m., except during harvest.

Outdoor amplified sound is prohibited, unless approved by the Planning Board, which shall impose specific limits on location, hours and sound levels at property lines.

Site lighting shall be full cutoff, downward directed, and be minimum necessary for safety.

All process wastewater shall be managed in accordance with applicable requirements. The applicant shall submit an operations plan addressing wastewater, spent mash/pomace handling, and solid waste storage and removal. Odor control measures shall be implemented to prevent any nuisance beyond the property lines.

Agritourism events shall comply with § 137-14N. The Planning Board may cap the number and size of event days per calendar year based on site capacity, access and neighborhood context, provided such conditions are not unreasonably restrictive of farm operations under the State Agriculture and Markets Law. Event management plans shall address parking, traffic control, sanitary facilities, and crowd management.

The retail display area devoted to the sale of products not produced on-site shall not exceed 20% of the interior customer area, and must consist of New York state-labeled agricultural products and craft beverages authorized by state law. Small-scale accessory food service may be approved by special permit issued by the Planning Board only when clearly subordinate to the production use and appropriately sized to the site, as determined by the Planning Board.

Tastings and educational tours are permitted accessory activities.

If the site is located within the SC-O Scenic Overlay Zoning District, the site and all uses are subject to the requirements of § 137-11G, § 137-30J, and all other requirements applicable to the SC-O Zoning District.

Any special permit issued hereunder may be conditioned upon ongoing compliance with Chapter 137 and with all representations made to the Planning Board. Violations may be enforced pursuant to § 137-37.

Editor's Note: This local law also provided for the severability of any section, subsection, provision or sentence, or part thereof, of § 137-28G if judged invalid, and that such would not affect the validity of any other part of § 137-28G. A complete copy of the local law is on file in the Town offices.

Crawford City Zoning Code

ARTICLE V

Special Permit Use Regulations

§ 137-26 General provisions.

Conforming use. A special permit use, which is granted by the Planning Board pursuant to the provisions of this article, shall be construed to be a conforming use.

Procedure.

Application for a special permit use shall be made directly to the Secretary of the Planning Board in the form required by the Planning Board.

To be considered complete, an application must consist of:

A completed, signed application form with any required attachments.

A detailed site plan, as set forth in Article VI.

[Amended 8-14-1986 by L.L. No. 5-1986]

An applicant may request an informal nonbinding presubmission conference with the Planning Board to discuss the proposed special permit use.

By publishing a notice in the official newspaper.

By posting a notice of the hearing in at least one public place.

[Added 5-8-1997 by L.L. No. 4-1997[1]]

Editor's Note: This local law also provided that it shall supersede any inconsistent provision of the Town Law.

Planning Board authority after approval of special permit.

[Added 10-21-2010 by L.L. No. 1-2010]

[Amended 12-6-2018 by L.L. No. 7-2018]

§ 137-27 Guiding principles and standards.

Special permit uses shall only be those expressly authorized and set forth in Article III of this chapter.

For each special permit use, the Planning Board shall determine the following:

That such use will be in harmony with and promote the general purposes and intent of this chapter.

That the plot area is sufficient, appropriate and adequate for the proposed use and the reasonably anticipated operation and expansion thereof.

That the proposed use will not prevent the orderly and reasonable use of adjacent properties in adjacent use districts.

That the site is particularly suitable for the location of such use in the community.

That the characteristics of the proposed use are not such that its proposed location would be unsuitably near to a school, theater, recreational area or other place of public assembly.

That adequate buffer yards and screening are provided where necessary to protect adjacent properties and land uses.

§ 137-28 Special conditions and safeguards for certain uses.

A permit for any of the following special permit uses shall be deemed granted subject to complying with the special conditions and safeguards required by this section:

Conversion of existing dwelling into apartments and/or multifamily dwellings.

Each apartment must be a complete housekeeping unit, consisting of at least a kitchen, one other room and a bathroom with toilet facilities.

Each apartment must meet the minimum floor area requirements set forth in the Table of Dimensional Regulations.[2]

Editor's Note: The Table of Dimensional Regulations is included at the end of this chapter.

Camps.

No building shall be located within 100 feet of any lot line, highway, street or watercourse.

Premises shall be in single ownership and used for recreational purposes only.

Each cabin or cottage shall comply with Orange County Health Department requirements.

Summer cottages.

No building shall be located within 100 feet of any lot line, highway, street or watercourse.

Premises shall be in single ownership and used for recreational purposes only.

Each cabin or cottage shall not be used to accommodate more than two families.

Each cabin or cottage shall comply with Orange County Health Department requirements.

Mobile home accessory to agricultural operation.

In addition to the main residence, one mobile home may be placed on the premises for use only by full-time farm help.

The mobile home must be placed at least 100 feet from the main residence and 150 feet from the nearest public road.

All requirements for one-family dwellings must be complied with, except that the minimum habitable floor area per dwelling shall be 720 square feet.

The Building Inspector shall review the renewal applications and grant renewals for all permits for which a sufficient statement has been received.

Any permit for which a renewal has not been granted shall be deemed to expire as of midnight on the last day of the year.

Multifamily dwellings.

The development must be served by central water and central sewage systems.

Location.

No building, parking area, vehicular circulation area, storage area or recreation area required pursuant to Subsection E(9) below shall be located:

Within 100 feet of any lake, pond, or perennial watercourse;

Within the FEMA-designated one-hundred-year floodplain;

Within New York State regulated wetlands, including the regulated adjacent areas, unless a permit has been received authorizing the specific use and disturbance;

On any portion of a lot where the existing grade is sloped 25% or greater over a distance of 25 feet;

[6]

On any portion of a lot with a dimension of less than 50 feet.

No stormwater management facility shall be located within the FEMA-designated one-hundred-year floodplain or within New York State regulated or federally regulated wetlands.

No building or attached row of townhouses shall exceed 160 feet in length.

The minimum distance between principal buildings shall be as follows:

One hundred feet between front elevations.

Sixty feet between rear and front elevations.

Thirty feet between side elevations.

Thirty feet between side and front or rear elevations.

Thirty feet between principal and accessory buildings.

Any courtyard shall have a minimum linear dimension of 60 feet.

Mix requirements.

For developments with only one- and two-bedroom units, no more than 60% of the units may be two-bedroom units.

For developments with only one- and three-bedroom units, no more than 60% of the units may be three-bedroom units.

For developments with one- , two- and/or three-bedroom units, no more than 30% may be two-bedroom and no more than 30% may be three-bedroom units.

For the purposes of this subsection, the term "three-bedroom unit" shall be deemed to also include units with more than three bedrooms.

Off street parking areas, service and drying yards shall be suitably landscaped to assure an attractive environment within the site.

All drainage and soil standards found in Chapter 121, Subdivision of Land, shall be applied to multifamily dwellings by the Planning Board.

(Reserved)

The following shall be submitted with the special permit application for approval:

A time schedule for completion of either the entire operation or of each stage of the entire operation.

The number and types of trucks and other machinery to be used on the site.

A site plan and a rehabilitation plan, showing both existing and proposed final contours after operations are completed.

All excavating shall conform to the following rules and regulations:

The proposed operation shall not adversely affect the soil fertility, drainage and lateral support of abutting land or other properties nor shall it contribute to soil erosion by water or wind.

Within 1,000 feet of any residence, there shall be no operations of any kind from 7:00 p.m. to 7:00 a.m. on any day nor at any time on Sundays and legal holidays of the state.

At all stages of operation, proper drainage shall be provided to prevent the collection and stagnation of water and to prevent harmful effects on surrounding properties.

The Planning Board shall have authority to impose requirements and conditions on a special use permit related to:

Ingress and egress to roads owned, maintained or controlled by the Town, including size and weight limits of vehicles that use Town roads for ingress or egress;

Routing of mineral transport vehicles on or away from roads owned, maintained or controlled by the Town, including prohibiting the use of Town roads unless required for local delivery.

Kennels.

The following requirements apply to any use or premises which meets the definition of "kennel" set forth in § 137-3, regardless of the primary or principal use of the premises.

The minimum lot size shall be 10 acres.

A kennel shall be separated from another kennel by at least 500 feet, measured from the closest property lines of the subject kennels.

All buildings and structures where dogs are housed or kept shall be fully enclosed.

All dogs shall be kept inside an enclosed and soundproofed or sound-abated building from 7:00 p.m. until 7:00 a.m.

Self-service storage facilities.

Site and design requirements.

Limits on building length and height.

Limit on building length: 220 feet.

Limits on storage and use. The following are prohibited:

Storage or maintenance of radioactive, toxic, explosive or controlled substances.

The servicing or repair of automotive equipment, tools or machinery and the construction or fabrication of goods or materials, either inside or outside the bounds of an individual storage unit.

The operation of power tools, spray equipment, compressors and other equipment.

Auctions, garage or tag sales or any other commercial or private sales.

Antique shops, art studios or craft shops in existing historic outbuildings.

Both the primary residential dwelling and the existing historic outbuilding structure(s) must have been constructed prior to 1955 in order to be deemed historic.

Site plan approval is required, pursuant to Article VI of this chapter.

One parking space per 500 square feet of floor and work area shall be provided.

No such structure may be converted to this use without compliance with the relevant sections of the New York State Fire Prevention and Building Code,[3] if otherwise applicable.

Editor's Note: See Ch. 87, Fire Prevention and Building Construction Administration.

Not more than 2,500 square feet of the ground floor area of the structure shall be used for this accessory use, unless additional area is approved by the Zoning Board of Appeals.

It is expressly prohibited to use any structure approved pursuant to this section as an auction house.

Storage uses in existing historic outbuildings.

Both structures must have been constructed prior to 1955 in order to be deemed historic.

Site plan approval is required, pursuant to Article VI of this chapter.

No processing of materials, mechanical or other repair work shall take place on the premises pursuant to this section.

One parking space per one per 500 square feet of floor and work area shall be provided.

It is prohibited for any facility approved pursuant to this section to be used as an auction house.

Residential use of existing historic outbuildings.

The Planning Board shall impose building maintenance requirements in order to ensure that the appearance of the building is preserved in a manner that is consistent with the original approval.

Auction house.

The use shall be provided with sufficient on-site parking meeting the same requirements as places of public assembly.

Private school. Private schools, colleges and other educational institutions.

Elementary schools (K-3): Minimum lot area shall be as outlined per student below.

	Number of Students	Acres
	0 to 25	2
	26 to 50	3
	51 to 100	4
	Each 1 to 100 additional	1 additional

Elementary schools (K-6): Minimum of four acres for up to 100 students; one additional acre is required for each additional increment of 100 students or fraction thereof.

Secondary schools (7-12) and colleges. Minimum of 11 acres for up to 100 students; one additional acre is required for each additional increment of 100 students or fraction thereof.

Access and circulation.

Lawful existing summer camps and summer cottages.

A map showing the location of all existing and proposed buildings and installations shall be filed with and approved by the Planning Board.

Sanitary and safety standards in accordance with state regulations, and all Planning Board regulations and conditions of approval shall be complied with.

The minimum distance between buildings shall be 1 1/2 times the height of the taller of two such buildings, but not less than 20 feet.

There shall be not more than two two-family cottages per acre, or one two-family cottage and two single-family cottages per acre, or four single-family cottages per acre.

Summer cottages shall be limited to occupancy between Memorial Day and Labor Day in any year.

Bed-and-breakfast residence.

The operator of the bed-and-breakfast residence establishment shall be an owner of the property and an occupant of the single-family residential dwelling to which the guest rooms are accessory.

The establishment and operation of the bed-and-breakfast residence shall not alter the appearance of the residence structure as a single-family detached dwelling.

Room rental shall be for transient usage only. There shall be a limit of not more than 14 consecutive days for the length of stay by any guest.

Parking shall be provided to meet the residence requirement, together with one additional space for each bed-and-breakfast bedroom.

Hard-surfaced walkways equipped with low-level lighting shall be provided from the parking spaces to the bed-and-breakfast residence entrance.

Food service shall be limited to those renting rooms.

Bed-and-breakfast inn.

The number of guest rooms permitted for rental in a bed-and-breakfast inn shall be limited to 14 rooms.

Room rental shall be for transient usage only. There shall be a limit of not more than 14 consecutive days for the length of stay by any guest.

The appearance of the bed-and-breakfast inn shall be compatible and consistent with the appearance of the residences in its immediate neighborhood.

The driveway serving a bed-and-breakfast inn shall have direct physical access to a public road. The inn shall not be permitted to have direct vehicular access only to a private road.

Full vehicular turnaround for the bed-and-breakfast inn shall be provided.

One parking space shall be provided for each full-time employee and 1.25 parking spaces shall be provided for each guest room.

Hard-surfaced walkways equipped with low-level lighting shall be provided from the parking spaces to the bed-and-breakfast inn entrance.

The sanitary and water supply systems serving the structure shall be adequate to meet the needs of the use, and adequate solid waste enclosures shall be provided.

Automobile repair shop, filling station and gas station.

No major repair work shall be performed out of doors.

Pumps, air compressors and other devices shall be located at least 25 feet from the edge of existing street rights-of-way.

Tanks for fuel, oil, or similar substances shall be stored underground or at least 50 feet from any lot line.

Light industry in BP Zoning District.

Building lot coverage shall not exceed 30% of total lot area.

The front yard setback shall be 125 feet from a Town or county highway and 200 feet from a state highway.

Any and all loading, unloading or deliveries shall be "off street" and the facilities therefor shall be located at the rear or sides of buildings that do not face the roadway.

Site lighting shall be shielded and directed to prevent glare or spillover off the properties or on to residential properties.

Signs for advertising purposes shall be prohibited.

All other applicable standards and requirements, including but not limited to § 137-11A and § 137-11.1A, are complied with.

Building trades and property maintenance trades in RA Zoning District.

Incidental use. Such uses shall be incidental to an owner-occupied principal residential use or agricultural operation.

Minimum lot size. A minimum lot size of 2 1/2 acres shall be provided.

Hours of operation. The Planning Board may set limitations on the hours of operation related to when commercial vehicles may enter or leave a site associated with the trade.

Off-street parking. No more than two nonresident employee vehicles shall be parked on the site at any time.

Deliveries. The delivery of supplies associated with the business shall be limited to no more than two deliveries per day.

Height. The height of a garage shall not exceed 35 feet.

Windows. Garages associated with a business or property maintenance trade shall incorporate windows to give the appearance of residential garage.

Adult uses.

	NOTE:
	Legislative statement of purpose and considerations.
	(1) It is declared that the nature of certain land uses, known as "adult uses," possesses characteristics which are likely to cause serious secondary impacts on adjoining uses and which therefore have a significant potential to adversely affect the quality and character of the neighborhood in which they are located and the Town as a whole.
	(2) The deleterious effects of such uses on adjoining uses and properties have been demonstrated in numerous reports and studies, including a report prepared for the nearby Village of Washingtonville, which have been reviewed by the Town Board. The effects include increased crime rates, depreciation of property values, deterioration of community character and adverse impact on the quality of life in the surrounding residential areas. Such effects are increased where adult uses are located in close proximity to each other.
	(3) The Town Board finds that many of the issues studied in the reports are directly relevant and applicable to the circumstances of the Town of Crawford, including overall trends in Orange County and the ready availability of existing adult uses to residents of the Town.
	(4) Having reviewed the location and type of sensitive land uses that exist in the Town, the Board finds that residential uses and sensitive land uses are intermixed with business areas and uses, that there is no discrete business area separated from residences and sensitive uses, and that business areas and commercial zoning districts are located along streets routinely traveled by school buses to and from local schools and residences.
	(5) Upon consideration of the aforesaid reports and studies, and of the particular circumstances and patterns of land uses in the Town of Crawford, it is declared that the deleterious effect of such uses on adjacent areas and on the community are such as to require special regulations in order to ensure that these adverse effects will not create or contribute to the blighting or downgrading of the surrounding neighborhoods or land uses in the Town.
	(6) The prospect that such uses may locate in any of the many areas of the Town where children regularly assemble is of great concern to the Town of Crawford, due to the numerous reports and studies which demonstrate that adult uses are often associated with increased crime rates, deterioration of property, marginalization of commercial areas, disorderly conduct and other blighting influences that affect churches, schools and other community institutions serving the children of the Town, and that such uses increase the potential for minors to be exposed to images with explicit sexual content.
	(7) The Town Board recognizes and affirms the rights of speech and expression protected by both the federal and the state constitutions, and acknowledges that such regulations must be subject to strict scrutiny in order to determine whether they are consistent with the spirit and intent of the constitutional protection of free speech and expression.
	(8) The Town Board recognizes that the only proper and appropriate purpose of such regulation is to control such uses as development per se and regulate adults uses so as to avoid or minimize the secondary effects of such uses on surrounding properties and the community, and that the Board has carefully considered the purpose and objectives of these regulations so as to ensure that the nature, breadth and burden of any restrictions imposed upon protected speech and expression are the minimum necessary to achieve the legitimate municipal objectives of the Town.
	(9) The Board finds that such regulatory scheme and implementing regulations strike an appropriate balance between necessary restrictions and protected speech and expression.
	(10) By adopting such regulations the Board does not intend in any way to control the form or content of protected speech and expression, or otherwise impose unreasonable burdens by virtue of the zoning or planning regulations of the Town on those who wish to participate in such forms of speech and expression, but rather intends to protect the existing zoning scheme and the comprehensive plan of the Town, which demonstrate the Town's longstanding objective of protecting residential areas and other sensitive land uses from the intrusion of similar secondary effects associated with commercial uses that generate disorderly conduct, traffic, congestion, noise, and trash.
	(11) It is therefore declared that the regulations set forth in this Subsection U shall be adopted to accomplish the primary purpose of preventing and minimizing the deleterious effects of such uses on residential, recreational, civic, and neighborhood shopping areas of the Town and restricting their accessibility to minors.

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

ADULT USE

The proportion of floor area allocated to such use that is not available to the general public in comparison to the floor area that is available to customers without restriction by reason of age;

The total amount of floor space allocated to use that is not available to the general public but which is restricted by reason of age.

The following special conditions and safeguards apply to adult uses:

Adult uses shall comply with the following requirements as to location:

No lot or parcel containing an adult use shall be located within 500 feet of any lot or parcel on which is located a sensitive use.

No lot or parcel containing an adult use shall be located within 500 feet of any lot or parcel on which is located an adult use.

The property containing an adult use shall have frontage only on a state highway.

The use shall be one which is specifically authorized as a use in the district within which such particular site is located.

No more than one adult use shall be located on any lot.

The proposed site plan must avoid, minimize or mitigate any demonstrated or potential impact of the proposed use upon community services, such as fire protection, police, sanitation or public works.

Bed-and-breakfast residence in RA Zoning District.

Room rental shall be for transient occupancy only. A guest may stay at the bed-and-breakfast residence for no more than 10 consecutive days.

The only meal that may be offered by the bed-and-breakfast residence is breakfast, and that meal shall be limited to guests only. There shall be no cooking in any guest room.

The maximum number of guest rooms permitted in the bed-and-breakfast residence is six. The guest rooms may be located in more than one building on the property.

The water supply and wastewater facilities shall be adequate to accommodate the bed-and-breakfast operation. The Board may require the applicant to demonstrate that such facilities are adequate.

(14)

The site and buildings used as the bed-and-breakfast establishment shall comply with all building code, fire code and other applicable regulations.

(15)

Motorized recreational vehicle use by guests is prohibited.

(16)

Hotels and motels.

In the O-R (Office-Residence) Zoning District, a hotel or motel shall not have more than 25 guest rooms.

Affordable multiple dwellings in BP-Hamlet Zoning District.

All dwelling units shall be affordable to lower-income or moderate-income persons pursuant to income levels determined by New York State and/or federal agencies.

Minimum lot size: two acres.

Minimum lot width: 100 feet.

Minimum front yard setback: 75 feet.

Minimum side yard setback (each): 25 feet.

Minimum rear yard setback: 40 feet.

Maximum building height: 35 feet.

Maximum building coverage: 40%.

Minimum distance between buildings: as determined by the Planning Board during special permit review.

Density: 20 dwelling units per gross acre.

Minimum habitable floor area:

One bedroom: 450 square feet.

Two bedrooms: 700 square feet.

Three bedrooms: 800 square feet.

Mix of dwelling units: One three-bedroom dwelling unit is permitted for a caretaker. The remaining dwelling units shall be either one-bedroom units or two-bedroom units.

(l)

Parking requirement: one space per dwelling unit.

Municipal water and sewer service must be available to service the site.

Building trades and property maintenance trades in BP and BP-Hamlet Zoning Districts.

The Planning Board may establish limitations on the hours of operation and or when commercial vehicles may enter or leave the property.

All loading, unloading and deliveries shall be "off street" and the facilities therefor shall be located at the rear or sides of buildings that do not face a roadway.

Site lighting shall be shielded and directed to prevent glare or spillover off the property or onto residential properties.

Car washes in BP, BP-Hamlet and I Zoning Districts.

Car wash bay openings shall be aligned or screened so as not to be visible from existing and proposed public highways. Screening shall be maintained throughout the life of the use.

AA.

Farm alcohol production facilities.

Bulk requirements.

Outdoor amplified sound is prohibited, unless approved by the Planning Board, which shall impose specific limits on location, hours and sound levels at property lines.

Site lighting shall be full cutoff, downward directed, and be minimum necessary for safety.

Tastings and educational tours are permitted accessory activities.

Crawford City Zoning Code

ARTICLE V

Special Permit Use Regulations

§ 137-26 General provisions.

Conforming use. A special permit use, which is granted by the Planning Board pursuant to the provisions of this article, shall be construed to be a conforming use.

Procedure.

Application for a special permit use shall be made directly to the Secretary of the Planning Board in the form required by the Planning Board.

To be considered complete, an application must consist of:

A completed, signed application form with any required attachments.

A detailed site plan, as set forth in Article VI.

[Amended 8-14-1986 by L.L. No. 5-1986]

An applicant may request an informal nonbinding presubmission conference with the Planning Board to discuss the proposed special permit use.

By publishing a notice in the official newspaper.

By posting a notice of the hearing in at least one public place.

[Added 5-8-1997 by L.L. No. 4-1997[1]]

Editor's Note: This local law also provided that it shall supersede any inconsistent provision of the Town Law.

Planning Board authority after approval of special permit.

[Added 10-21-2010 by L.L. No. 1-2010]

[Amended 12-6-2018 by L.L. No. 7-2018]

§ 137-27 Guiding principles and standards.

Special permit uses shall only be those expressly authorized and set forth in Article III of this chapter.

For each special permit use, the Planning Board shall determine the following:

That such use will be in harmony with and promote the general purposes and intent of this chapter.

That the plot area is sufficient, appropriate and adequate for the proposed use and the reasonably anticipated operation and expansion thereof.

That the proposed use will not prevent the orderly and reasonable use of adjacent properties in adjacent use districts.

That the site is particularly suitable for the location of such use in the community.

That the characteristics of the proposed use are not such that its proposed location would be unsuitably near to a school, theater, recreational area or other place of public assembly.

That adequate buffer yards and screening are provided where necessary to protect adjacent properties and land uses.

§ 137-28 Special conditions and safeguards for certain uses.

A permit for any of the following special permit uses shall be deemed granted subject to complying with the special conditions and safeguards required by this section:

Conversion of existing dwelling into apartments and/or multifamily dwellings.

Each apartment must be a complete housekeeping unit, consisting of at least a kitchen, one other room and a bathroom with toilet facilities.

Each apartment must meet the minimum floor area requirements set forth in the Table of Dimensional Regulations.[2]

Editor's Note: The Table of Dimensional Regulations is included at the end of this chapter.

Camps.

No building shall be located within 100 feet of any lot line, highway, street or watercourse.

Premises shall be in single ownership and used for recreational purposes only.

Each cabin or cottage shall comply with Orange County Health Department requirements.

Summer cottages.

No building shall be located within 100 feet of any lot line, highway, street or watercourse.

Premises shall be in single ownership and used for recreational purposes only.

Each cabin or cottage shall not be used to accommodate more than two families.

Each cabin or cottage shall comply with Orange County Health Department requirements.

Mobile home accessory to agricultural operation.

In addition to the main residence, one mobile home may be placed on the premises for use only by full-time farm help.

The mobile home must be placed at least 100 feet from the main residence and 150 feet from the nearest public road.

All requirements for one-family dwellings must be complied with, except that the minimum habitable floor area per dwelling shall be 720 square feet.

The Building Inspector shall review the renewal applications and grant renewals for all permits for which a sufficient statement has been received.

Any permit for which a renewal has not been granted shall be deemed to expire as of midnight on the last day of the year.

Multifamily dwellings.

The development must be served by central water and central sewage systems.

Location.

No building, parking area, vehicular circulation area, storage area or recreation area required pursuant to Subsection E(9) below shall be located:

Within 100 feet of any lake, pond, or perennial watercourse;

Within the FEMA-designated one-hundred-year floodplain;

Within New York State regulated wetlands, including the regulated adjacent areas, unless a permit has been received authorizing the specific use and disturbance;

On any portion of a lot where the existing grade is sloped 25% or greater over a distance of 25 feet;

[6]

On any portion of a lot with a dimension of less than 50 feet.

No stormwater management facility shall be located within the FEMA-designated one-hundred-year floodplain or within New York State regulated or federally regulated wetlands.

No building or attached row of townhouses shall exceed 160 feet in length.

The minimum distance between principal buildings shall be as follows:

One hundred feet between front elevations.

Sixty feet between rear and front elevations.

Thirty feet between side elevations.

Thirty feet between side and front or rear elevations.

Thirty feet between principal and accessory buildings.

Any courtyard shall have a minimum linear dimension of 60 feet.

Mix requirements.

For developments with only one- and two-bedroom units, no more than 60% of the units may be two-bedroom units.

For developments with only one- and three-bedroom units, no more than 60% of the units may be three-bedroom units.

For developments with one- , two- and/or three-bedroom units, no more than 30% may be two-bedroom and no more than 30% may be three-bedroom units.

For the purposes of this subsection, the term "three-bedroom unit" shall be deemed to also include units with more than three bedrooms.

Off street parking areas, service and drying yards shall be suitably landscaped to assure an attractive environment within the site.

All drainage and soil standards found in Chapter 121, Subdivision of Land, shall be applied to multifamily dwellings by the Planning Board.

(Reserved)

The following shall be submitted with the special permit application for approval:

A time schedule for completion of either the entire operation or of each stage of the entire operation.

The number and types of trucks and other machinery to be used on the site.

A site plan and a rehabilitation plan, showing both existing and proposed final contours after operations are completed.

All excavating shall conform to the following rules and regulations:

The proposed operation shall not adversely affect the soil fertility, drainage and lateral support of abutting land or other properties nor shall it contribute to soil erosion by water or wind.

Within 1,000 feet of any residence, there shall be no operations of any kind from 7:00 p.m. to 7:00 a.m. on any day nor at any time on Sundays and legal holidays of the state.

At all stages of operation, proper drainage shall be provided to prevent the collection and stagnation of water and to prevent harmful effects on surrounding properties.

The Planning Board shall have authority to impose requirements and conditions on a special use permit related to:

Ingress and egress to roads owned, maintained or controlled by the Town, including size and weight limits of vehicles that use Town roads for ingress or egress;

Routing of mineral transport vehicles on or away from roads owned, maintained or controlled by the Town, including prohibiting the use of Town roads unless required for local delivery.

Kennels.

The following requirements apply to any use or premises which meets the definition of "kennel" set forth in § 137-3, regardless of the primary or principal use of the premises.

The minimum lot size shall be 10 acres.

A kennel shall be separated from another kennel by at least 500 feet, measured from the closest property lines of the subject kennels.

All buildings and structures where dogs are housed or kept shall be fully enclosed.

All dogs shall be kept inside an enclosed and soundproofed or sound-abated building from 7:00 p.m. until 7:00 a.m.

Self-service storage facilities.

Site and design requirements.

Limits on building length and height.

Limit on building length: 220 feet.

Limits on storage and use. The following are prohibited:

Storage or maintenance of radioactive, toxic, explosive or controlled substances.

The servicing or repair of automotive equipment, tools or machinery and the construction or fabrication of goods or materials, either inside or outside the bounds of an individual storage unit.

The operation of power tools, spray equipment, compressors and other equipment.

Auctions, garage or tag sales or any other commercial or private sales.

Antique shops, art studios or craft shops in existing historic outbuildings.

Both the primary residential dwelling and the existing historic outbuilding structure(s) must have been constructed prior to 1955 in order to be deemed historic.

Site plan approval is required, pursuant to Article VI of this chapter.

One parking space per 500 square feet of floor and work area shall be provided.

No such structure may be converted to this use without compliance with the relevant sections of the New York State Fire Prevention and Building Code,[3] if otherwise applicable.

Editor's Note: See Ch. 87, Fire Prevention and Building Construction Administration.

Not more than 2,500 square feet of the ground floor area of the structure shall be used for this accessory use, unless additional area is approved by the Zoning Board of Appeals.

It is expressly prohibited to use any structure approved pursuant to this section as an auction house.

Storage uses in existing historic outbuildings.

Both structures must have been constructed prior to 1955 in order to be deemed historic.

Site plan approval is required, pursuant to Article VI of this chapter.

No processing of materials, mechanical or other repair work shall take place on the premises pursuant to this section.

One parking space per one per 500 square feet of floor and work area shall be provided.

It is prohibited for any facility approved pursuant to this section to be used as an auction house.

Residential use of existing historic outbuildings.

The Planning Board shall impose building maintenance requirements in order to ensure that the appearance of the building is preserved in a manner that is consistent with the original approval.

Auction house.

The use shall be provided with sufficient on-site parking meeting the same requirements as places of public assembly.

Private school. Private schools, colleges and other educational institutions.

Elementary schools (K-3): Minimum lot area shall be as outlined per student below.

	Number of Students	Acres
	0 to 25	2
	26 to 50	3
	51 to 100	4
	Each 1 to 100 additional	1 additional

Elementary schools (K-6): Minimum of four acres for up to 100 students; one additional acre is required for each additional increment of 100 students or fraction thereof.

Secondary schools (7-12) and colleges. Minimum of 11 acres for up to 100 students; one additional acre is required for each additional increment of 100 students or fraction thereof.

Access and circulation.

Lawful existing summer camps and summer cottages.

A map showing the location of all existing and proposed buildings and installations shall be filed with and approved by the Planning Board.

Sanitary and safety standards in accordance with state regulations, and all Planning Board regulations and conditions of approval shall be complied with.

The minimum distance between buildings shall be 1 1/2 times the height of the taller of two such buildings, but not less than 20 feet.

There shall be not more than two two-family cottages per acre, or one two-family cottage and two single-family cottages per acre, or four single-family cottages per acre.

Summer cottages shall be limited to occupancy between Memorial Day and Labor Day in any year.

Bed-and-breakfast residence.

The operator of the bed-and-breakfast residence establishment shall be an owner of the property and an occupant of the single-family residential dwelling to which the guest rooms are accessory.

The establishment and operation of the bed-and-breakfast residence shall not alter the appearance of the residence structure as a single-family detached dwelling.

Room rental shall be for transient usage only. There shall be a limit of not more than 14 consecutive days for the length of stay by any guest.

Parking shall be provided to meet the residence requirement, together with one additional space for each bed-and-breakfast bedroom.

Hard-surfaced walkways equipped with low-level lighting shall be provided from the parking spaces to the bed-and-breakfast residence entrance.

Food service shall be limited to those renting rooms.

Bed-and-breakfast inn.

The number of guest rooms permitted for rental in a bed-and-breakfast inn shall be limited to 14 rooms.

Room rental shall be for transient usage only. There shall be a limit of not more than 14 consecutive days for the length of stay by any guest.

The appearance of the bed-and-breakfast inn shall be compatible and consistent with the appearance of the residences in its immediate neighborhood.

The driveway serving a bed-and-breakfast inn shall have direct physical access to a public road. The inn shall not be permitted to have direct vehicular access only to a private road.

Full vehicular turnaround for the bed-and-breakfast inn shall be provided.

One parking space shall be provided for each full-time employee and 1.25 parking spaces shall be provided for each guest room.

Hard-surfaced walkways equipped with low-level lighting shall be provided from the parking spaces to the bed-and-breakfast inn entrance.

The sanitary and water supply systems serving the structure shall be adequate to meet the needs of the use, and adequate solid waste enclosures shall be provided.

Automobile repair shop, filling station and gas station.

No major repair work shall be performed out of doors.

Pumps, air compressors and other devices shall be located at least 25 feet from the edge of existing street rights-of-way.

Tanks for fuel, oil, or similar substances shall be stored underground or at least 50 feet from any lot line.

Light industry in BP Zoning District.

Building lot coverage shall not exceed 30% of total lot area.

The front yard setback shall be 125 feet from a Town or county highway and 200 feet from a state highway.

Any and all loading, unloading or deliveries shall be "off street" and the facilities therefor shall be located at the rear or sides of buildings that do not face the roadway.

Site lighting shall be shielded and directed to prevent glare or spillover off the properties or on to residential properties.

Signs for advertising purposes shall be prohibited.

All other applicable standards and requirements, including but not limited to § 137-11A and § 137-11.1A, are complied with.

Building trades and property maintenance trades in RA Zoning District.

Incidental use. Such uses shall be incidental to an owner-occupied principal residential use or agricultural operation.

Minimum lot size. A minimum lot size of 2 1/2 acres shall be provided.

Hours of operation. The Planning Board may set limitations on the hours of operation related to when commercial vehicles may enter or leave a site associated with the trade.

Off-street parking. No more than two nonresident employee vehicles shall be parked on the site at any time.

Deliveries. The delivery of supplies associated with the business shall be limited to no more than two deliveries per day.

Height. The height of a garage shall not exceed 35 feet.

Windows. Garages associated with a business or property maintenance trade shall incorporate windows to give the appearance of residential garage.

Adult uses.

	NOTE:
	Legislative statement of purpose and considerations.
	(1) It is declared that the nature of certain land uses, known as "adult uses," possesses characteristics which are likely to cause serious secondary impacts on adjoining uses and which therefore have a significant potential to adversely affect the quality and character of the neighborhood in which they are located and the Town as a whole.
	(2) The deleterious effects of such uses on adjoining uses and properties have been demonstrated in numerous reports and studies, including a report prepared for the nearby Village of Washingtonville, which have been reviewed by the Town Board. The effects include increased crime rates, depreciation of property values, deterioration of community character and adverse impact on the quality of life in the surrounding residential areas. Such effects are increased where adult uses are located in close proximity to each other.
	(3) The Town Board finds that many of the issues studied in the reports are directly relevant and applicable to the circumstances of the Town of Crawford, including overall trends in Orange County and the ready availability of existing adult uses to residents of the Town.
	(4) Having reviewed the location and type of sensitive land uses that exist in the Town, the Board finds that residential uses and sensitive land uses are intermixed with business areas and uses, that there is no discrete business area separated from residences and sensitive uses, and that business areas and commercial zoning districts are located along streets routinely traveled by school buses to and from local schools and residences.
	(5) Upon consideration of the aforesaid reports and studies, and of the particular circumstances and patterns of land uses in the Town of Crawford, it is declared that the deleterious effect of such uses on adjacent areas and on the community are such as to require special regulations in order to ensure that these adverse effects will not create or contribute to the blighting or downgrading of the surrounding neighborhoods or land uses in the Town.
	(6) The prospect that such uses may locate in any of the many areas of the Town where children regularly assemble is of great concern to the Town of Crawford, due to the numerous reports and studies which demonstrate that adult uses are often associated with increased crime rates, deterioration of property, marginalization of commercial areas, disorderly conduct and other blighting influences that affect churches, schools and other community institutions serving the children of the Town, and that such uses increase the potential for minors to be exposed to images with explicit sexual content.
	(7) The Town Board recognizes and affirms the rights of speech and expression protected by both the federal and the state constitutions, and acknowledges that such regulations must be subject to strict scrutiny in order to determine whether they are consistent with the spirit and intent of the constitutional protection of free speech and expression.
	(8) The Town Board recognizes that the only proper and appropriate purpose of such regulation is to control such uses as development per se and regulate adults uses so as to avoid or minimize the secondary effects of such uses on surrounding properties and the community, and that the Board has carefully considered the purpose and objectives of these regulations so as to ensure that the nature, breadth and burden of any restrictions imposed upon protected speech and expression are the minimum necessary to achieve the legitimate municipal objectives of the Town.
	(9) The Board finds that such regulatory scheme and implementing regulations strike an appropriate balance between necessary restrictions and protected speech and expression.
	(10) By adopting such regulations the Board does not intend in any way to control the form or content of protected speech and expression, or otherwise impose unreasonable burdens by virtue of the zoning or planning regulations of the Town on those who wish to participate in such forms of speech and expression, but rather intends to protect the existing zoning scheme and the comprehensive plan of the Town, which demonstrate the Town's longstanding objective of protecting residential areas and other sensitive land uses from the intrusion of similar secondary effects associated with commercial uses that generate disorderly conduct, traffic, congestion, noise, and trash.
	(11) It is therefore declared that the regulations set forth in this Subsection U shall be adopted to accomplish the primary purpose of preventing and minimizing the deleterious effects of such uses on residential, recreational, civic, and neighborhood shopping areas of the Town and restricting their accessibility to minors.

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

ADULT USE

The proportion of floor area allocated to such use that is not available to the general public in comparison to the floor area that is available to customers without restriction by reason of age;

The total amount of floor space allocated to use that is not available to the general public but which is restricted by reason of age.

The following special conditions and safeguards apply to adult uses:

Adult uses shall comply with the following requirements as to location:

No lot or parcel containing an adult use shall be located within 500 feet of any lot or parcel on which is located a sensitive use.

No lot or parcel containing an adult use shall be located within 500 feet of any lot or parcel on which is located an adult use.

The property containing an adult use shall have frontage only on a state highway.

The use shall be one which is specifically authorized as a use in the district within which such particular site is located.

No more than one adult use shall be located on any lot.

The proposed site plan must avoid, minimize or mitigate any demonstrated or potential impact of the proposed use upon community services, such as fire protection, police, sanitation or public works.

Bed-and-breakfast residence in RA Zoning District.

Room rental shall be for transient occupancy only. A guest may stay at the bed-and-breakfast residence for no more than 10 consecutive days.

The only meal that may be offered by the bed-and-breakfast residence is breakfast, and that meal shall be limited to guests only. There shall be no cooking in any guest room.

The maximum number of guest rooms permitted in the bed-and-breakfast residence is six. The guest rooms may be located in more than one building on the property.

The water supply and wastewater facilities shall be adequate to accommodate the bed-and-breakfast operation. The Board may require the applicant to demonstrate that such facilities are adequate.

(14)

The site and buildings used as the bed-and-breakfast establishment shall comply with all building code, fire code and other applicable regulations.

(15)

Motorized recreational vehicle use by guests is prohibited.

(16)

Hotels and motels.

In the O-R (Office-Residence) Zoning District, a hotel or motel shall not have more than 25 guest rooms.

Affordable multiple dwellings in BP-Hamlet Zoning District.

All dwelling units shall be affordable to lower-income or moderate-income persons pursuant to income levels determined by New York State and/or federal agencies.

Minimum lot size: two acres.

Minimum lot width: 100 feet.

Minimum front yard setback: 75 feet.

Minimum side yard setback (each): 25 feet.

Minimum rear yard setback: 40 feet.

Maximum building height: 35 feet.

Maximum building coverage: 40%.

Minimum distance between buildings: as determined by the Planning Board during special permit review.

Density: 20 dwelling units per gross acre.

Minimum habitable floor area:

One bedroom: 450 square feet.

Two bedrooms: 700 square feet.

Three bedrooms: 800 square feet.

Mix of dwelling units: One three-bedroom dwelling unit is permitted for a caretaker. The remaining dwelling units shall be either one-bedroom units or two-bedroom units.

(l)

Parking requirement: one space per dwelling unit.

Municipal water and sewer service must be available to service the site.

Building trades and property maintenance trades in BP and BP-Hamlet Zoning Districts.

The Planning Board may establish limitations on the hours of operation and or when commercial vehicles may enter or leave the property.

All loading, unloading and deliveries shall be "off street" and the facilities therefor shall be located at the rear or sides of buildings that do not face a roadway.

Site lighting shall be shielded and directed to prevent glare or spillover off the property or onto residential properties.

Car washes in BP, BP-Hamlet and I Zoning Districts.

Car wash bay openings shall be aligned or screened so as not to be visible from existing and proposed public highways. Screening shall be maintained throughout the life of the use.

AA.

Farm alcohol production facilities.

Bulk requirements.

Outdoor amplified sound is prohibited, unless approved by the Planning Board, which shall impose specific limits on location, hours and sound levels at property lines.

Site lighting shall be full cutoff, downward directed, and be minimum necessary for safety.

Tastings and educational tours are permitted accessory activities.